West Virginia Code § 22-9-11

Enforcement
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(a) The director or any person having a direct interest in the subject matter of this article
may complain in writing setting forth that any person is violating or is about to violate, any
provisions of this article, or has done, or is about to do, any act, matter or thing therein
prohibited or declared to be unlawful, or has failed, omitted, neglected or refused, or is
about to fail, omit, neglect or refuse, to perform any duty enjoined upon hime by this article.
Upon the filing of a complaint against any person, the director shall cause a copy thereof to
be served upon such person by registered mail accompanied by a noticre from the director
setting such complaint for hearing at a time and place specified in such notice. At least five
days' notice of such hearing shall be given to the parties affected and such hearing shall be
held in accordance with the provisions of section ten of this article. Following such hearing,
the director shall, if the director finds that the matter allegetd in the complaint is not in
violation of this article, dismiss the complaint, but if the director shall find that the complaint
is justified, the director shall by appropriate order compel compliance with this article.
(b) Whenever the director shall be of the opinion that any person is violating, or is about to
violate, any provisions of this article, or has dosne, or is about to do, any act, matter or thing
therein prohibited or declared to be unlawful, or has failed, omitted, neglected or refused, or
is about to fail, omit, neglect or refuse, to perform any duty enjoined upon the director by
this article, or has failed, omitted, ngeglected or refused, or is about to fail, omit, neglect or
refuse to obey any lawful requirement or order made by the director, or any final judgment,
order or decree made by any ceourt pursuant to this article, then and in every such case the
director may institute in the circuit court of the county or counties wherein the operation is
situated, injunction, maLndamus or other appropriate legal proceedings to restrain such
violations of the provisions of this article or of orders of the director to enforce obedience
therewith. No injunc tion bond shall be required to be filed in any such proceeding. Such
persons or corporations as the court may deem necessary or proper to be joined as parties in
order to make its judgment, order or writ effective may be joined as parties. The final
judgment in any such action or proceeding shall either dismiss the action or proceeding or
direct that the writ of mandamus or injunction or other order, issue or be made permanent
as prayed for in the petition or in such modified or other form as will afford appropriate
relief. An appeal may be taken as in other civil actions.
(c) In addition to the other remedies herein provided, any storage operator or coal operator
affected by the provisions of this article may proceed by injunction or other appropriate
remedy to restrain violations or threatened violations of the provisions of this article or of
orders of the director or the judgments, orders or decrees of any court or to enforce
obedience therewith.
(d) Each remedy prescribed in this section shall be deemed concurrent or contemporaneous
with any other remedy prescribed herein and the existence or exercise of any one such
remedy shall not prevent the exercise of any other such remedy.

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