Current through Register Vol. XLI, No. 35, August 30, 2024
Section 61-29-8 - Enforcement and Penalties8.1. The Commissioner shall have authority to enforce the provisions of this article, the Industrial Hemp Development Act, W. Va. Code § 19-12E-1et seq., and the requirements established by the United States Department of Agriculture for the regulation of industrial hemp.8.2. The Commissioner has the authority to take action against a licensee for any violation of, or failure to comply with, established requirements for license holders and their operations. Such grounds can include, but are not limited to:8.2.a. Refusal or failure of a licensee to provide any information required or requested by the Commissioner for the purposes of this Act;8.2.b. Providing false, misleading, or incorrect information pertaining to the applicant or licensee's cultivation of industrial hemp to the Commissioner, by any means, including but not limited to information provided in any application form, report, record or inspection required or maintained for purposes of the Act, or failing to timely update information previously provided;8.2.c. Receipt of test results showing that the licensee's crop contains more than the permissible amount of THC; or8.2.d. Failing to pay the costs incurred as a result of the inspection and testing required by this rule.8.3. The Commissioner may take the following actions against a licensee or applicant: 8.3.a. Embargoing a licensee's crop;8.3.b. Ordering the destruction of a licensee's crop;8.3.c. Denying an application for license;8.3.d. Suspending a license;8.3.e. Revoking a license; or8.3.f. Any other action the Commissioner determines appropriate.8.4. An applicant or licensee who has been the subject of an adverse decision may appeal the decision to the Commissioner.