W. Va. Code R. § 64-45-17

Current through Register Vol. XLI, No. 43, October 25, 2024

Section 64-45-17 - Penalties

17.1. The commissioner may, depending upon the severity of the violation and upon the degree of health hazard created, suspend or revoke the license of a contractor, inspector, designer, risk assessor, supervisor, or worker if the licensee;

17.1.a. Fraudulently or deceptively obtains or attempts to obtain a license;

17.1.b. Fails at any time to meet the qualifications for license or to comply with the requirements of W. Va. Code § 16-35-1et seq. or this rule;

17.1.c. Knowingly falsifies or attempts to falsify documents related to a lead abatement project or license;

17.1.d. Fails to meet the applicable federal or state standard for lead abatement; or

17.1.e. Fails to remit an assessed civil penalty or fine.

17.2. The commissioner may suspend, or revoke the accreditation or reaccreditation of an initial or refresher lead training provider if the training provider fails to meet the requirements of this rule as outlined in sections 16.1 and 16.4.

17.3. The commissioner may investigate all alleged violations of this rule or of W. Va. Code § 16-35-1et seq. reported to the division. Upon the finding of a violation in connection with a lead abatement project the commissioner shall, depending upon the severity of the violation and upon the degree of healdi hazard created, initiate an appropriate enforcement action which may include the issuance of a cease and desist order directing that all work on the project be halted immediately. Posting of the cease and desist order on the project site constitutes notice of its contents to the property owner and all individuals working on the lead abatement project. Where practicable, however, the commissioner shall deliver a copy of the order by certified mail, return receipt requested, to the property owner and to the contractor.

17.4. Fines and penalties are as provided in W. Va. Code § 16-35-13.

W. Va. Code R. § 64-45-17