West Virginia Code 22-15A-28 – Retailer penalties
Current as of: 2023 | Check for updates
|
Other versions
(a) The secretary may assess against any retailer that sells covered electronic devices not authorized for sale in this state a penalty up to $500 for each violation, but not to exceed $5,000 total for the year. The secretary's decision may be appealed to the Environmental Quality Board.
Terms Used In West Virginia Code 22-15A-28
- Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-15A-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) A fine under subsection (a) of this section may be assessed only after the retailer that committed the violation has been issued three warnings from the secretary regarding the violation.
(c) Each day on which a violation occurs or continues is a separate violation under this section.
(d) All penalties assessed under this section shall be deposited into the Covered Electronic Devices Takeback Fund.