Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-56-6 - Individual Civil Administrative Penalties6.1. The Secretary may assess an individual civil administrative penalty against any corporate director, officer, agent, or employee of a violator, or any other person, who authorizes, orders, or carries out a violation of the statute, rule, order, or permit condition or who fails or refuses to follow an order from the Secretary.6.2. In determining the amount of a civil administrative penalty to be assessed against a violator under this section, consideration shall be given to the criteria specified in section 7.6.3. The Secretary shall serve on each violator to be assessed an administrative penalty a notice of individual civil administrative penalty assessment. For purposes of this subsection, service is considered to be sufficient if it satisfies Rule 4 of the West Virginia Rules of Civil Procedure for service of a summons and complaint. A notice of individual civil administrative penalty assessment shall include: 6.3.a. A reference to the section of the statute, rule, order, or permit condition allegedly violated;6.3.b. A concise statement of the facts alleged to constitute the violation;6.3.c. A statement of the amount of the individual civil administrative penalty to be imposed;6.3.d. A copy of the underlying notice of violation; and6.3.e. A statement of the violator's right to an informal hearing.6.4. A violator has a right to an informal hearing and/or appeal as outlined in section 5.6.5. The informal hearing, if requested, will be scheduled and conducted pursuant to subsections 5.2, 5.3 and 5.4.