W. Va. Code R. § 47-30B-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-30B-5 - Administrative Proceedings

5.1. The responsible party shall have the opportunity to participate in an administrative hearing. The parties shall schedule an informal hearing to be held within 30 days of the initial notice.

5.2. The administrative proceeding may consist of an informal hearing amongst the parties and may continue until the parties reach a satisfactory resolution of the alleged violation(s). If the parties are unable to reach a satisfactory resolution of the alleged violation(s) during the administrative proceeding, the secretary may assess a civil administrative penalty unilaterally in accordance with W. Va. Code §22-11-22A(b).

5.3. If the parties are able to reach an agreement, resolution of the alleged violation(s) contained in the notice shall be by consent order entered into by the responsible party and the Secretary.

W. Va. Code R. § 47-30B-5