W. Va. Code R. § 64-92-6

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-92-6 - Responsibilities of Law Enforcement Agencies

6.1. The law enforcement agency responsible for the identification of a clandestine drug laboratory shall:

6.1.1. Notify the residential property owner within 24 hours of the identification;

6.1.2. Notify real property occupants of regulations pertaining to securing and vacating property;

6.1.3. Secure from public access the clandestine drug laboratory, any controlled substances, and immediate precursors;

6.1.4. If probable cause exists, impound vehicles that contain clandestine drug laboratories and, or equipment, precursors, etc. as defined under section 2 and to the extent practical, maintain vehicle secured and unoccupied until testing is completed by licensed Clandestine Drug Laboratory Remediation Technician and either the initial or post-remediation analytical test results are at or below 1.0 [MICRO]g of methamphetamine residue per 100 square centimeters (1.0 [MICRO]g /100 cm²) or the vehicle is demolished;

6.1.5. Notify the department within 24 hours of the identification of a clandestine drug laboratory, and provide name and mailing address of property owner and physical location of the clandestine drug laboratory;

6.1.6. Within 48 hours, provide the department with a legible manifest of all chemical substances removed from the identified clandestine drug laboratory on a form prescribed by the department for that purpose available online at https://www.wvdhhr.org/rtia/pdf/Law%20Enforcement%20Notification%20Form.pdf; and

6.1.7. Provide the commissioner with any other requested information.

W. Va. Code R. § 64-92-6