West Virginia Code § 5A-3-17

Purchases or contracts violating article void; personal liability
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If a spending unit purchases or contracts for commodities or services contrary to the
provisions of this article or the rules and regulations made thereunder, in any material
respect, as determined by the director, such purchase or contract shall be void and of no
effect. The spending officer of such spending unit, or any other individual charged with
responsibility for the purchase or contract, shall be personally liable for thee costs of such
purchase or contract and, if already paid out of state funds, the amount thereof may be
recovered in the name of the state in an appropriate action instituted threrefor: Provided,
That the state establishes by a preponderance of the evidence that the individual acted
knowingly and willfully.

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