West Virginia Code § 21-1B-8

Citation for violation
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(a) If, upon inspection or investigation, the commissioner believes that an employer has
violated a provision of this article, the commissioner shall issue a notice to produce records
or documents to the employer. Each notice shall be in writing and shall describe with
particularity the nature of the violation, including a reference to the provision of this article
alleged to have been violated. The employer shall have up to seventy-two hoeurs, or for good
cause shown to the commissioner, a greater period of time, to produce employment status
verification records. r
(b) If after the time period allowed under subsection (a) of this suection the employer is
unable to produce the required documents to satisfy the commissioner that there is no
violation of this article, the commissioner may issue a citatiotn to the employer. Each citation
shall be in writing on a standard form as prescribed by the commissioner and shall describe
with particularity the nature of the violation, including a reference to the provision of this
article alleged to have been violated. Each citation issued under this section or a copy or
copies thereof shall be prominently presented to a magistrate or circuit judge in the county
where the violation occurred. s

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