Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-11-6 - Methods of Collection of Payments and Enforcement6.1. Following the default of an employer, in addition to the remedies described in previous sections of this rule, the Commissioner shall have available to him or her the following remedies which shall each be described more fully below: 6.1.a. Initiation of a civil action against the employer.6.1.b. Filing of a lien or liens enforceable against all the property of the employer.6.1.c. Initiation of an action in the Circuit Court of Kanawha County to enjoin the employer from continuing to carry on the business in which its liability was incurred or, in the alternative, to accept a bond from the employer.6.1.d. Filing a claim in any bankruptcy proceeding or in a receivership or insolvency proceeding which involves the employer.6.1.e. Informing the Secretary of environmental protection when an employer is in default prior to the director's issuance of a coal mining permit so that the permit may not be issued until the applicant is in compliance with chapter twenty-three of the West Virginia Code or the Rules promulgated thereunder, as provided in W. Va. Code § 22-3-8.6.1.f. Pursuant to W. Va. Code §§ 23-1-1b(g)(16), 23-2C-15(d), and 23-2C-19(e) and 85CSR32 §1 et seq., informing the director, commissioner or head of any state agency when an employer is in default, so that the director may take appropriate remedial action against the employer in regard to a contract, license, permit, certificate or other authority to conduct a trade, profession or business.6.1.g. Requesting a criminal prosecution of any person, firm, corporation or other employer whose non-compliance with chapter twenty-three of the West Virginia Code or the rules promulgated thereunder is believed to be in violation of W. Va. Code § 61-3-24e and section 15 of this rule.6.2. In addition to the other remedies set forth herein, the Commissioner may, consistent with applicable West Virginia statutory and case law, also initiate a proceeding or proceedings in the name of the state to distrain upon any personal property, including intangible property, of any default employer.6.3. In every case noted in this section where a monetary sum is to be collected, the Commissioner shall include a demand for interest as specified in section 13 of this rule.6.4. The remedies set forth in subsection 6.1 of this section are described in greater detail in later sections of this rule.