Current through Register Vol. XLI, No. 38, September 20, 2024
14.1.
Grounds for Penalties and Injunctions.
14.1.1. Any person, partnership, association,
or corporation that establishes, conducts, manages, or operates a syringe
services program without first obtaining a license therefore or which violates
any provisions of W. Va. Code §§ 16-64-1, et seq.,
or this rule shall be assessed a civil money penalty by the Director in
accordance with this rule.
14.1.2.
Each day of continuing violation after notification of the infraction shall be
considered a separate violation.
14.1.3. If the syringe services program fails
to timely file reports required by section 10 of this rule and W. Va. Code
§ 16-64-7, the Director may impose a civil money penalty not to exceed
$500 per day.
14.1.4. If the
syringe services program's owner or program administrator, or both, knowingly
and intentionally misrepresents actions taken to correct a violation, the
Director may impose a civil money penalty not to exceed $5,000, and deny or
revoke the syringe services program's license.
14.1.5. If an owner of a syringe services
program concurrently operates an unlicensed syringe services program, the
Director may impose a civil money penalty upon the owner or program
administrator, or both, not to exceed $2,500 per day.
14.1.6. If the owner of a syringe services
program that requires a license under W. Va. Code §§ 16-64-1,
et seq., fails to apply for a new license for the syringe
services program upon a change of ownership and operates the syringe services
program under the new ownership, the Director may impose a civil money penalty
not to exceed $2,500.
14.1.7. If a
syringe services program knowingly operates, owns, or manages an unlicensed
syringe services program that is required to be registered pursuant to W. Va.
Code §§ 16-64-1, et seq., obtains a license to
operate a syringe services program through misrepresentation or fraud; procures
or attempts to procure a license for a syringe services program for any other
person by making or causing to be made any false representation, the Director
may assess a civil money penalty of not more than $10,000. The penalty may be
in addition to or in lieu of any other action that may be taken by the Director
or any other board, court, or entity.
14.2. In determining whether a penalty is to
be imposed and in fixing the amount of the penalty, the Director shall consider
the following factors:
14.2.1. The gravity of
the violation, including the probability that death or serious physical or
emotional harm to a participant has resulted, or could have resulted, from the
syringe services program's actions or the actions of the program administrator
or any employee, contracted individual, or volunteer associated with the
syringe services program, the severity of the action or potential harm, and the
extent to which the provisions of the applicable laws or rules were
violated;
14.2.2. What actions, if
any, the program administrator, took to correct the violations;
14.2.3. Whether there were any previous
violations at the syringe services program; and
14.2.4. The financial benefits that the
syringe services program derived from committing or continuing to commit the
violation.
14.3.
Notwithstanding the existence or pursuit of any other remedy, the Secretary, or
his or her designee, may, in the manner provided by law, maintain an action in
the name of the State for an injunction against any person, partnership,
association, or corporation to restrain or prevent the establishment, conduct,
management, or operation of any syringe services program or violation of any
provisions of this rule without first obtaining a license therefore in the
manner hereinbefore provided.
14.3.1. The
Secretary, or his or her designee, may also seek injunctive relief if the
establishment, conduct, management, or operation of any syringe services
program, whether licensed or not, jeopardizes the health, safety, or welfare of
any or all of its participants.
14.4. Upon finding that a licensed
professional has violated the provisions of this rule, the Director shall
provide notice of the violation to the applicable professional licensing
board.
