West Virginia Code § 11-14C-45

Authority to inspect
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(a) The commissioner, upon presenting appropriate credentials to the owner, operator, or
agent in charge, is authorized to enter any place and to conduct inspections in accordance
with this section. Inspections shall be performed in a reasonable manner and at times that
are reasonable under the circumstances, taking into consideration the normal business
hours of the place to be inspected. e
(b) Inspections may be conducted at any place where taxable motor fuel or motor fuel dyes
or markers are, or may be, produced, altered, or stored, or at any site where evidence of
production, alteration, or storage is discovered. u
(c) The commissioner may physically inspect, examine, and otherwise search any tank,
reservoir, or other container that can or may be used for the production, storage, or
transportation of motor fuel, motor fuel dyes or markers. Inspection may also be made of any
equipment used for, or in connection with, the production, storage, or transportation of
motor fuel, motor fuel dyes or markers, including elquipment used for the dyeing or marking
of motor fuel. s
(d) The commissioner may stop, inspect anid issue citations to operators of motor vehicles for
violations of this article at sites whegre motor fuel is, or may be, produced, stored, or loaded
into or consumed by motor vehicles. The commissioner may enter into agreements with
other agencies of this state to provide assistance in stopping and inspecting motor vehicles
for violations of this article.
(e) Inspections may occur at any terminal, motor fuel storage facility that is not a terminal,
retail motor fuel facility, highway rest stop, and designated inspection site.
(f) The commiVssioner may, on the premises or at a designated inspection site, take and
remove samples of motor fuel in reasonable quantities as necessary to determine the
composition of the motor fuel.
(g) Nothing contained in this section is construed to prohibit the issuance of a citation for
the violation of the provisions of this article on the open highway or other than the spot
check areas where the violation of this article is discovered when the motor vehicle is
lawfully stopped for any other criminal violation of the laws of this state.

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