W. Va. Code R. § 61-38-14

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-38-14 - Enforcement

14.1. The Commissioner may assess a violation of W. Va. Code § 19-35-1et. seq. or of this rule.

14.2. If a violation has been committed by either the farmers market or the vendor, or an item is found to be adulterated or misbranded, the Commissioner shall send a written "First Notice" to the vendor permit holder. This notice shall notify the vendor permit holder that a violation of W. Va. Code § 19-35-1et. seq. of this rule and the enforcement policy established by this section of the rule. A second inspection shall occur after the notification has been sent.

14.3. If a violation has been committed during the second inspection, the Commissioner shall send a written "Second Notice" to the vendor permit holder. The registrant must develop a written plan to correct the violation(s) and implement it within 7 days after the Second Notice has been sent out.

14.4. A third inspection shall occur after the receipt and acceptance of the written plan of correction.

14.5. If a violation has been committed during the third inspection, the Commissioner will issue an immediate "Suspension of Permit." The "Suspension of Permit" order will give the reason of the order, state the length of time that the Suspension of Permit order will be in effect, and specify a time and place for a hearing to be held in the matter.

14.6. The suspension shall state the time that the suspension will be effective, give the reason of the suspension, and specify a time and a place for a hearing to be held in the matter, except in the case of a summary suspension. The Commissioner may give the manufacturer the opportunity to request a hearing in this matter subsequent to the notification of the suspension.

14.6.a. The suspension shall remain in effect until the vendor permit holder submits, and the Commissioner accepts, a written plan of correction and a request for a reinstatement of the permit.

14.6.b. The Commissioner has ten (10) business days from the date or receipt of a written plan of correction and request for the reinstatement of the permit to respond. The Commissioner shall accept or deny the application for a reinstatement of the permit and shall give the terms and conditions under which the permit will be reinstated.

14.6.c. If the Commissioner finds that after the vendor permit holder has resumed operations following a suspension of their Farmers Market Registration or Farmers Market Vendor Permit that effective corrective actions have not been taken, the Commissioner shall hold a hearing to determine if the Farmers Market Permit or the Farmers Market Vendor Permit should be revoked.

14.7. A person who performs a recall by voluntarily removing product from sale or distribution in an effective manner, so as to limit the potential harm to the health and well-being of the public, may be eligible for exemptions from the normal enforcement policy. The Commissioner shall consider the facts of each case when making a decision on an exemption.

14.8. The Commissioner may suspend the standard enforcement policy in cases where such action is necessary to protect the public health, safety, and welfare.

W. Va. Code R. § 61-38-14