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WV Code § 24A-7-1 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 7. Complaints, Damages and Violations|§24A-7-1. Complaints Against Motor Carriers; Statement of Charges; Satisfaction or Investigation of Complaint

Any person, firm, association of persons, corporation, municipality, or county, complaining of anything done or omitted to be done by any motor carrier subject to this chapter, in contravention of the provisions thereof, or any duty owing by it under the provisions of this chapter, may present to the commission a petition which shall succinctly state all the facts. Whereupon, if there shall be any reasonable ground to investigate such complaint, a statement of the charges thus made shall be forwarded by the commission to such motor carrier, which shall be called upon to satisfy such complaint or to answer the same in writing within a reasonable time to be specified by the commission. If such motor carrier of property by motor vehicle within the time specified shall make reparations for the injury alleged to have been done or to correct the practice complained of and obey the law and discharge its duties in the premises, then it shall be relieved of liability to the complainant for the particular violation of law or duty complained of. If such motor carrier shall not satisfy the complaint within the time specified it shall be the duty of the commission to investigate the same in such manner and by such means as it shall deem proper.
WV Code § 24A-7-2 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 7. Complaints, Damages and Violations|§24A-7-2. Falsifying Records, etc.

Any person, officer, agent or employee of any motor carrier subject to this chapter who will knowingly or wilfully make any false entries in the accounts, account books, records, or memoranda kept by any motor carrier, or who shall knowingly or wilfully destroy or mutilate any account book, record, or memorandum useful for the enforcement or administration of this chapter by the commission, or who shall alter or by any other means or device falsify the record of any such accounts, account books, records, or memoranda, or who shall knowingly or wilfully neglect or fail to make full, true, and correct entries of or in such account, account book, record, or memorandum of all the facts and transactions appertaining to such motor carrier, or who shall falsely make any statement required to be made to the commission, shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one year nor more than five years.
WV Code § 24A-7-3 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 7. Complaints, Damages and Violations|§24A-7-3. Continuing Offenses

Every day during which any person shall fail to observe and comply with any order or direction of the commission or to perform any duty enjoined by this chapter shall constitute a separate and distinct violation of the order or direction under this chapter.
WV Code § 24A-7-4 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 7. Complaints, Damages and Violations|§24A-7-4. Penalty for Violation of Chapter; Concurrent Jurisdiction of Justices

Every officer, agent, employee, or stockholder of any motor carrier, or any motor carrier, and every person who violates, procures, aids, or abets in the violation of any of the provisions of this chapter, or who fails to obey any order, decision, requirement, rule, or regulation of the commission or procures, aids, or abets any person in his failure to obey such order, decision, requirement, rule, or regulation, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding $1,000 or confined in jail for not less than thirty days nor more than one year, or both, in the discretion of the court. Justices of the peace shall have concurrent jurisdiction with the circuit, criminal and intermediate courts of proceedings to enforce the penalties prescribed by this section.
WV Code § 24A-7-5 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 7. Complaints, Damages and Violations|§24A-7-5. Second Offenses

When any person is convicted for a violation of any provision of this chapter or any order, decision, requirement, rule, or regulation of the commission and it is alleged in the indictment upon which he is convicted and it is admitted, or by jury found, that he has been before convicted of a violation of any provision of this chapter or order, decision, requirement, rule, or regulation of the commission, committed prior to the violation for which the indictment upon trial was found, then he shall be fined not less than $500 nor more than $5,000 and shall, in addition thereto, be confined in the county jail for not less than three months nor more than one year.
WV Code § 24A-7-6 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 7. Complaints, Damages and Violations|§24A-7-6. Duty of Prosecuting Attorneys and Law-Enforcement Officers to Enforce Chapter; Regulatory Authority of Commission; Qualifications of Commission Employees Designated as Commercial Vehicle Enforcement Officers

It shall be the duty of the West Virginia State Police and the sheriffs of the counties in West Virginia to make arrests and the duty of the prosecuting attorneys of the several counties to prosecute all violations of this chapter and of other chapters governing the regulatory authority of the commission. The commission employees designated as commercial vehicle enforcement officers shall have the same authority as law-enforcement officers to enforce the provisions of this chapter and the provisions of other chapters of this code governing the regulatory authority of the commission as such provisions apply to entities and persons regulated by the commission in any county or city of this state. Notwithstanding any provision of this code to the contrary, such commercial vehicle enforcement officers may carry handguns in the course of their official duties after meeting specialized qualifications established by the Governors committee on crime, delinquency and correction, which qualifications shall include the successful completion of handgun training, including a minimum of four hours training in handgun safety, paid for by the commission and comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police: Provided, That nothing in this section shall be construed to include the commission within the meaning of law-enforcement officers within the meaning of law-enforcement agency, as defined in section one, article twenty-nine, chapter thirty of this code.
WV Code § 24A-7-7 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 7. Complaints, Damages and Violations|§24A-7-7. Authority of Motor Carrier Inspectors to Enforce All Traffic Rules as to Commercial Vehicles; Use of Radar as Evidence

(a) The employees of the commission designated as commercial vehicle enforcement officers have the same authority as law-enforcement officers generally to enforce the provisions of chapter seventeen-c of this code with respect to commercial motor vehicles owned or operated by motor carriers, exempt carriers or private commercial carriers where vehicles have a gross vehicle weight rating of ten thousand pounds or more.The commission is authorized to delegate commercial vehicle enforcement officer duties to weight enforcement officers as it considers appropriate, following successful training and certification of individual officers, who shall then have the same authority as commercial vehicle enforcement officers under this section. The commission is also authorized to delegate weight enforcement duties to commercial vehicle enforcement officers.(b) The speed of a commercial motor vehicle owned or operated by a motor carrier, exempt carrier or private commercial carrier may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves, when the evidence is obtained by employees of the commission designated as commercial vehicle enforcement officers. The evidence so obtained is prima facie evidence of the speed of the vehicle.(c) Commercial vehicle enforcement officers shall also perform a North American standard safety inspection of each commercial motor vehicle stopped for enforcement purposes pursuant to this section.(d) Before exercising the provisions of this section, the commercial vehicle enforcement officers shall receive adequate training.(e) Nothing in this section affects the existing authority of law-enforcement officers not employed by the commission to enforce the provisions of chapter seventeen-c of this code.
WV Code § 24A-8-1 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 8. Review of Commission's Action by Supreme Court of Appeals; Inconsistent Laws Repealed|§24A-8-1. Appeal From Commission's Action

Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the Supreme Court of Appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary of the commission before presenting the same to the court or the judge. The court or judge shall fix a time for the hearing on the application, but such hearing, unless by agreement of the parties, shall not be held, sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. For such hearing the commission shall file with the clerk of said court all papers, documents, evidence, and records or certified copies thereof as were before the commission at the hearing or investigation resulting in the entry of the order from which the petitioner appeals. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right.
WV Code § 24A-8-2 (2021)
2021 West Virginia Code|Chapter 24A. Commercial Motor Carriers|Article 8. Review of Commission's Action by Supreme Court of Appeals; Inconsistent Laws Repealed|§24A-8-2. Inconsistent Laws Repealed

All parts of chapter seventeen of the Code of West Virginia as amended and reenacted by chapter sixty, acts of the West Virginia Legislature, first extraordinary session, one thousand nine hundred thirty-three, inconsistent or in conflict with this chapter, are hereby expressly repealed, and the provisions of any other act of said Legislature, or the Code of West Virginia, 1931, as amended, which is inconsistent with the provisions of this chapter, are hereby expressly repealed.
WV Code § 24B-1-1 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 1. Purpose and Definitions|§24B-1-1. Purpose

It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to empower the Public Service Commission of West Virginia, in addition to all other powers conferred and duties imposed upon it by law, to prescribe and enforce safety standards for pipeline facilities as hereinafter defined, and to regulate safety practices of persons engaged in the transportation of gas or hazardous liquids as hereinafter defined.
WV Code § 24B-2-1 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 2. Powers and Duties of the Commission|§24B-2-1. Jurisdiction

The commission shall have power and authority to prescribe and enforce safety standards for pipeline facilities, and to regulate safety practices of persons engaged in the transportation of gas or hazardous liquids, to the extent permitted by the "Act of 1968" and the "Act of 1979" and any amendments thereto. Such standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted. Whenever the commission shall find a particular facility to be hazardous to life or property, it shall be empowered to require the person operating such facility to take such steps necessary to remove such hazards. Such safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing such standards, the commission shall consider:(a) Relevant available pipeline safety data;(b) Whether such standards are appropriate for the particular type of pipeline transportation;(c) The reasonableness of any proposed standards; and(d) The extent to which such standards will contribute to public safety.
WV Code § 24B-2-2 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 2. Powers and Duties of the Commission|§24B-2-2. Rules and Regulations

The commission shall prescribe such rules and regulations as it may deem proper for the enforcement of the provisions of this chapter without distinction based on the interstate or intrastate character of the person, thing or activity to which such rules and regulations apply.
WV Code § 24B-2-3 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 2. Powers and Duties of the Commission|§24B-2-3. General Investigatory Powers

The commission shall have power to investigate all methods and practices of pipeline companies; to require the maintenance and filing of reports, records and other information in such form and detail as the commission may prescribe; to enter upon and to inspect the property, buildings, plants, and offices of such pipeline companies; and to inspect books, records, papers and documents relevant to the enforcement of this chapter.
WV Code § 24B-2-4 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 2. Powers and Duties of the Commission|§24B-2-4. Cooperation With the Federal Government

The commission shall cooperate with the secretary and other agencies of the United States in the enforcement of this chapter and the "Act of 1968" and amendments thereto; and to this end, the commission shall take such steps as may be necessary to make annual certifications to the secretary under section five (a) of the "Act of 1968," and shall file such certificates with the secretary. The commission is hereby authorized and empowered (a) to act as the secretary's agent in the enforcement of the "Act of 1968" and amendments thereto with respect to interstate transmission facilities; and (b) to accept for the State of West Virginia, and to expend for the purpose designated, any funds that may hereafter be made available to the commission out of the federal treasury by an act or acts of Congress and allocated to this state for the purpose of carrying out the provisions of this chapter and the "Act of 1968" and amendments thereto.The commission shall further cooperate with the secretary and other agencies of the United States in the enforcement of the "Act of 1979" and amendments thereto; and to this end the commission shall take such steps as may be necessary to make annual certifications to the secretary under section two hundred five-a of the "Act of 1979" and shall file such certificates with the secretary. The commission is hereby authorized and empowered (a) to act as the secretary's agent in the enforcement of the "Act of 1979" and amendments thereto with respect to interstate pipeline facilities; and (b) to accept for the State of West Virginia, and expend for the purpose designated, any funds that may hereafter be made available to the commission out of the federal treasury by an act or acts of Congress and allocated to this state for the purpose of carrying out the "Act of 1979" and amendments thereto.
WV Code § 24B-3-1 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 3. Duties of Pipeline Companies|§24B-3-1. In General

Every pipeline company shall comply with the provisions of this chapter and of all valid regulations and orders issued by the commission.
WV Code § 24B-3-2 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 3. Duties of Pipeline Companies|§24B-3-2. Inspection and Maintenance Plans

Every pipeline company shall file with the commission a plan for inspection and maintenance of the pipeline facilities owned or operated by it, and shall subsequently file any changes in such plan, in form and content as the commission may prescribe.
WV Code § 24B-3-3 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 3. Duties of Pipeline Companies|§24B-3-3. Annual Safety Reports

Every pipeline company shall file with the commission an annual report showing: (1) Name and address of the pipeline company filing the report; (2) all accidents or incidents involving its pipeline facilities that occurred during the preceding twelve months involving personal injury requiring hospitalization, fatality, or property damage exceeding $1,000, together with a summary of the pipeline company's investigation as to the cause and circumstances surrounding such accident or incident; and (3) such other information as the commission may require.
WV Code § 24B-3-4 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 3. Duties of Pipeline Companies|§24B-3-4. Effect of Chapter

Nothing in this chapter shall affect the common law or statutory tort liability of any person.
WV Code § 24B-4-1 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 4. Hearings; Burden of Proof; Enforcement|§24B-4-1. Hearings

To carry out the purposes of this chapter, the commission is authorized to conduct conferences, formal and informal hearings, to make findings of fact and conclusions of law, and to enter orders with respect to any issues that may arise under this chapter.
WV Code § 24B-4-2 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 4. Hearings; Burden of Proof; Enforcement|§24B-4-2. Burden of Proof

Where an issue is made of the propriety of a plan submitted under section two, article three hereof, the burden of proof of the propriety of such plan shall be on the pipeline company submitting such plan.
WV Code § 24B-4-3 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 4. Hearings; Burden of Proof; Enforcement|§24B-4-3. Rules of Practice and Procedure

The commission shall prescribe rules of practice and procedure, the method and manner of holding hearings, and for taking evidence on all matters that may come before it, and enter such orders as may be just and lawful. In the investigations, preparations, and hearings of cases, the commission shall not be bound by the technical rules of pleadings and evidence, but in that respect it may exercise such discretion as will facilitate its efforts to understand and learn all the facts bearing upon the right and justness of the matter before it.
WV Code § 24B-4-4 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 4. Hearings; Burden of Proof; Enforcement|§24B-4-4. Witnesses; Testimony; Subpoena

The commission shall, either as a commission or by any of its members, or by designated employees, subpoena witnesses, take testimony, administer oaths to any witness in any proceeding or examination instituted before or conducted by it with reference to any matter within its jurisdiction hereunder. In all hearings or proceedings before the commission or its designated employees, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing within the state; and in the case of disobedience to a subpoena or other process, the commission or any party to the proceedings before the commission may invoke the aid of any circuit court in the state in requiring the evidence and testimony of witnesses and the production of papers, books, and documents. And such court, in case of refusal to obey this subpoena issued to any person or other witness, shall issue an order requiring such person or other witness to appear before the commission or designated employees and produce books and papers, if so ordered, and give evidence touching the matter in question. Any failure to obey such order of the court may be punished by such court as contempt thereof. A claim that such testimonial evidence may intend to incriminate the witness giving the same shall not excuse any witness from testifying, but such witness shall not be prosecuted for any offense concerning which he is compelled hereunder to testify.
WV Code § 24B-4-5 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 4. Hearings; Burden of Proof; Enforcement|§24B-4-5. Enforcement of Lawful Orders

The commission may compel obedience to its lawful orders by mandamus or injunction or other proper proceedings in the name of the state in any circuit court having jurisdiction of the parties or of the subject matter, or the Supreme Court of Appeals direct.
WV Code § 24B-4-6 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 4. Hearings; Burden of Proof; Enforcement|§24B-4-6. Penalties

(a) Any person who violates any provision of this chapter or any valid regulation or order issued thereunder is subject to a civil penalty to be imposed by the commission not to exceed $200,000 for each violation for each day the violation persists: Provided, That the maximum aggregate civil penalty may not exceed $2 million for any related series of violations.(b) Any civil penalty may be compromised by the commission. In determining the amount of penalty, or the amount agreed upon in compromise, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance after notification of the violation. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.(c) Civil penalties collected by the commission under this section shall be submitted to the Treasurer for deposit into the General Revenue Fund.(d) No civil penalty paid under this section may be considered by the commission in support of any application for a rate increase submitted by the violator.
WV Code § 24B-5-1 (2021)
2021 West Virginia Code|Chapter 24B. Gas Pipeline Safety|Article 5. Employees of Commission; Funding|§24B-5-1. Employees

The commission shall appoint a director of the pipeline safety section of the Public Service Commission and such employees as may be necessary to carry out the provisions of this chapter, and shall fix their respective salaries or compensation. The commission may designate such employees as it deems necessary to take evidence at any hearing held or required by the provisions of this chapter, which employees are hereby empowered to administer oaths in all parts of this state so far as the exercise of such power is properly incidental to the performance of their duties in connection with the provisions of this chapter.