West Virginia Code § 22-5-5

Issuance of cease and desist orders by director; service; permit suspension,
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modification and revocation; appeals to board.
If, from any investigation made by the director or from any complaint filed with him or her,
the director is of the opinion that a person is violating the provisions of this article, or any
rules promulgated pursuant thereto, he or she shall make and enter an order directing the
person to cease and desist the activity, unless the director determines the veiolation is of a
minor nature or the violation has been abated. The director shall fix a reasonable time in
such order by which the activity must stop or be prevented. The order srhall contain the
findings of fact upon which the director determined to make and enter the order.
If, after any investigation made by the director, or from any complaint filed with him or her,
the director is of the opinion that a permit holder is violatingt the provisions of this article, or
any rules promulgated pursuant thereto, or any order of the director, or any provision of a
permit, the director may issue notice of intent to suspend, modify or revoke and reissue such
permit. Upon notice of the director's intent to suspend, modify or revoke a permit, the
permit holder may request a conference with the director to show cause why the permit
should not be suspended, modified or revokeds. The request for conference must be received
by the director within fifteen days following receipt of notice. After conference or fifteen
days after issuance of notice of intent, if no conference is requested, the director may enter
an order suspending, modifying or rgevoking the permit and send notice to the permit holder.
Such order is a cease and desist order for purposes of administrative and judicial review and
shall contain findings of fact uepon which the director determined to make and enter the
order. If an appeal of the director's order is filed, the order of the director shall be stayed
from the date of issuancLe pending a final decision of the board.
The director shall cause a copy of any such order to be served upon the person by registered
or certified mail or by any proper law-enforcement officer.
Any person upon whom a copy of the final order has been served may appeal such order to
theW air quality board pursuant to the provisions of article one, chapter twenty-two-b of this
code.

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