West Virginia Code § 21-3C-12

Penalties
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(a) On and after January 1, 2010, the commissioner may issue a cease and desist order to
any person engaging in the business of erecting, constructing, installing, altering, servicing,
repairing or maintaining elevators or related conveyances covered by this article in this state
without a license, or inspecting elevators or related conveyances covered by this article
without a certificate of competency, or operating an elevator or related conveeyance covered
by this article without a certificate of operation.
(b) Any person who violates a cease and desist order is guilty of a misdemeanor and, upon
conviction thereof, is subject to the following penalties: u
(1) For the first offense, a fine of not less than $200 nor more than $1,000;
(2) For the second offense, a fine of not less than $500a nor more than $2,000, or
confinement in jail for not more than six months, or both;
(3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than
$5,000, and confinement in jail for not less than thirty days nor more than one year.
(c) Each day that a person violates a cease and desist order or is otherwise not in compliance
with the provisions of this article constitutes a separate offense.
(d) The Commissioner of Labor may institute proceedings in the circuit court of the county
where the alleged violation of the provisions of this article occurred or are occurring to
enjoin any violation of any provision of this article. A circuit court by injunction may compel
compliance with the provisions of this article, with the lawful orders of the Commissioner of
Labor and with any f inal decision of the Commissioner of Labor. The Commissioner of Labor
shall be repreVsented in all such proceedings by the Attorney General or his or her assistants.

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