W. Va. Code R. § 56-3-17

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-3-17 - Injunctions
17.1. The director may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the circuit court of the county in which the mine is located whenever the operator or the operator's agent:
17.1.1. Violates or fails or refuses to comply with any order or decision issued under this rule; or
17.1.2. Interferes with, hinders or delays the director or his or her authorized representative in carrying out the provisions of this rule; or
17.1.3. Refuses to admit such representatives to the mine; or
17.1.4. Refuses to permit the inspection of the mine, or the investigation of an accident or occupational disease occurring in, or connected with, such mine; or
17.1.5. Refuses to furnish any information or report requested by the director in furtherance of the provisions of this rule; or
17.1.6. Refuses to permit access to, and copying of, such records as the director determines necessary in carrying out the provisions of this rule.
17.2. The court shall have jurisdiction to provide such relief as may be appropriate. Except as otherwise provided herein, any relief granted by the court to enforce an order under subsection 17.1.1. shall continue in effect until the completion or final termination of all proceedings for review of such order under this rule, unless, prior thereto, the circuit court granting such relief sets it aside or modifies it.
17.3. In any action instituted under this section to enforce an order or decision issued by the director after a public hearing, the findings of the director, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

W. Va. Code R. § 56-3-17