§16-35-13. Penalties and fines.
(a) The director may impose a civil penalty of not less than
two hundred fifty dollars and not more than five thousand dollars
for each separate violation of this article or any rules
promulgated hereunder. In any case where a person fails to halt
work following the issuance of a cease and desist order by the
director, the violation shall be presumed to be willful and the
person shall be assessed a civil penalty by the director of not
less than ten thousand dollars nor more than twenty-five thousand
dollars for an initial violation and not less than twenty-five
thousand dollars nor more than fifty thousand dollars for each
subsequent violation. Failure to pay a civil penalty imposed by
the director within thirty days of receipt of notification
constitutes a separate violation.
(b) Notwithstanding any other provision of this code, any
person who violates any provision of this article or any rule
promulgated hereunder is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than two hundred fifty
dollars, nor more than fifty thousand dollars, or confined in the
county or regional jail not more than one year, or both fined and
Note: WV Code updated with legislation passed through the 2016 Regular Session
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