W. Va. Code R. § 143-1-21

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 143-1-21 - Duties of Officers; Legal Proceedings to Secure Compliance; Penalties

21.1. Duties of Officers. -- Pursuant to W. Va. Code § 29-6-12, all affiliated agencies' officers and employees shall comply with and aid in all proper ways in carrying out the provisions of W. Va. Code § 29-6-1 et seq., and the rules and orders promulgated thereunder. All officers and employees shall furnish any records or information which the Director or the Board may request for any purpose of W. Va. Code § 29-6-1 et seq. All officers and employees shall comply with all rules, policies and orders of the Director or the Board and shall not increase nor diminish any benefits afforded any classified employee by the rules or orders. All officers and employees shall furnish any proposed agreement and any records or information which the Director or Board may require in regard to any proposed agreement between an agency and an individual who is a current or former employee regarding the terms and/or conditions of the individual's employment with the agency. Any such agreement must be certified by the Director as being in compliance with W. Va. Code § 29-6-1 et seq. or with an order of a court of competent jurisdiction before it can be effective.

21.2. Legal Proceedings to Secure Compliance. -- Pursuant to W. Va. Code § 29-6-12, the Director may institute and maintain any action or proceeding at law or inequity which he or she considers necessary or appropriate to secure compliance with W. Va. Code § 29-6-1 et seq., and the rules and orders promulgated under the code.

21.3. Penalties.

21.3.a. Any person who willfully violates any provision of W. Va. Code § 29-6-1 et seq. or of this rule is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the county jail for a period not to exceed one (1) year, or both fined and imprisoned. Jurisdiction under this subdivision shall be in a court of record exercising criminal jurisdiction within the county where the offense is committed.

21.3.b. Any person who is convicted of a misdemeanor under W. Va. Code § 29-6-1 et seq. is, for a period of five (5) years, ineligible for appointment to or employment in a position in the classified or classified-exempt service, and if he or she is an officer or employee of the state or a classified agency, shall forfeit his or her present office or position.

W. Va. Code R. § 143-1-21