W. Va. Code R. § 67-1-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 67-1-5 - Failure to report; enforcement; request for a hearing
5.1. If a mandatory reporter fails to report an overdose event or other reportable information to the ODCP within 24 hours of the overdose event, the ODCP may assess a civil penalty of not less than $500 or more than $1,000 per occurrence.
5.2. The ODCP shall not enforce a penalty on a mandatory reporter who makes a good faith attempt to collect the reportable information but is unable to do so. The mandatory reporter must, however, report the overdose event and any reportable information that it can ascertain within the appropriate time period.
5.3. The ODCP shall send written notice of any failure to report to the mandatory reporter. The notice shall contain the time period in which the failure occurred and the total amount of the fine.
5.4. A fined mandatory reporter may request a hearing related to the fine by sending a written request for a hearing to the ODCP within 30 days of receipt of the notice of the failure to report.
5.5. Hearings under this section will be conducted according to 69CSR1.

W. Va. Code R. § 67-1-5