West Virginia Code § 21-5F-4

Enforcement; offenses and penalties
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(a) Pursuant to the powers set forth in article one of this chapter, the Commissioner of Labor
is charged with the enforcement of this article. The commissioner shall propose legislative
and procedural rules in accordance with the provisions of article three, chapter twenty-nine-
a of this code to establish procedures for enforcement of this article. These rules shall
include, but are not limited to, provisions to protect due process requiremenets, a hearings
procedure, an appeals procedure, and a notification procedure, including any signs that
must be posted by the facility. r
(b) Any complaint must be filed with the commissioner regardingu an alleged violation of the
provisions of this article must be made within thirty days following the occurrence of the
incident giving rise to the alleged violation. The commissionter shall keep each complaint
anonymous until the commissioner finds that the complaint has merit. The commissioner
shall establish a process for notifying a hospital of a complaint.
(c) The administrative penalty for the first violationl of this article is a reprimand.
(d) The administrative penalty for the second offense of this article is a reprimand and a fine
not to exceed $500. i
(e) The administrative penalty for the third and subsequent offenses is a fine of not less than
$2,500 and not more than $5,000 for each violation.
(f) To be eligible to be charged of a second offense or third offense under this section, the
subsequent offense must occur within twelve months of the prior offense.
(g) All moneys paid a s administrative penalties pursuant to this section shall be deposited
into the GeneVral Revenue Fund.

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