(a) No person shall:
(1) Use or have in possession for use in commerce any incorrect weight or measure;
(2) Sell or offer for sale for use in commerce any incorrect weight or measure;
(3) Remove any tag, seal or mark from any weight or measure, without specific authorization from the weights and measures section; or
(4) Violate any provisions of this article or rules promulgated under it, not defined in subsection (a), section twenty-three of this article.
(b) Any person who violates subsection (a) of this section or any rule promulgated by the commissioner may be assessed a civil penalty by the commissioner, which penalty shall not be more than one thousand dollars for each violation. Each violation shall constitute a separate offense. In determining the amount of the penalty, the commissioner shall consider the person's history of previous violations, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation.
A civil penalty may be assessed by the commissioner only after the commissioner shall have given at least ten days notice to the person. Notice shall be in writing, shall contain a short, plain statement of the matter asserted, and shall designate a time and place for a hearing where the person may show cause why the civil penalty should not be imposed. Notice of hearing shall be sent by registered mail. The person may, at the time designated for the hearing, produce evidence on his or her behalf and be represented by council.
Any person aggrieved by a decision of the commissioner shall
have the right to a contested case hearing under the provisions
of article five, chapter twenty-nine-a of this code, et seq.
Note: WV Code updated with legislation passed through the 2012 1st Special Session