W. Va. Code R. § 61-4C-13

Current through Register Vol. XLI, No. 52, December 27, 2024

Section 61-4C-13 - Suspensions, Embargo Orders

13.1. If the commissioner finds that effective corrective action has not been taken by the distributor, he or she may issue a suspension of the Dairy Products Distributor Permit required in W. Va. Code § 19-11A-3. The suspension shall state the time that the suspension will become effective, give the reasons for the suspension and specify a time and place for a hearing to be held in this matter. Except that in the case of a summary suspension, the commissioner will give the distributor the opportunity to request a hearing in this matter subsequent to the notification of the suspension.

13.1.a. All suspensions due to non-conformance to subdivisions 7.1.b., 7.1.c. and 7.1.e. of this rule are summary suspensions.

13.1.b. A suspension of the Dairy Products Distributor Permit remains in effect until the distributor submits and the commissioner accepts a written plan of correction and a request for a reinstatement of the permit.

13.1.c. The commissioner has seven days from the date of receipt of this plan of correction to respond to a suspension in the case of violations of subdivisions 7.1.b., 7.1.c. and 7.1.e. of this rule and fourteen days to respond for all other violations of W. Va. Code, §§ 19-11A-1 et seq. or this rule. The commissioner will accept or deny the application for a reinstatement of the permit and will give the terms and conditions under which the permit will be reinstated.

13.2. If the commissioner finds that after the distributor has resumed distribution following a suspension of their Dairy Products Distributor Permit that effective corrective action has not been taken, then the commissioner will hold a hearing to determine if the permit should be revoked.

13.3. If the commissioner finds that effective corrective action has not been taken by the manufacturer, distributor and/or retailer, he or she may issue an embargo order for any dairy product or imitation dairy product which is not in compliance with W. Va. Code, §§ 19-11A-1 et seq. or this rule and may also cause the manufacturing and distributing of any dairy or imitation dairy product to cease by authority of W. Va. Code, §§ 19-11A-10(i).

W. Va. Code R. § 61-4C-13