W. Va. Code § 16-35 § 16-35-11
Suspension or revocation of license; violations; hearings.
Operative Text
(a) The director may suspend or revoke a lead abatement discipline license if the licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license or knowingly aids another in such fraud or deception; (2) Fails at any time to meet the qualifications for the license or to comply with the requirements of this article or any applicable legislative rules; (3) Fails to comply with applicable federal or state standards for lead abatement projects; (4) Employs or permits an individual not licensed as required by this article to work on a lead abatement project; or (5) Falsifies or attempts to falsify any document related to a lead abatement project. (b) The director may investigate all suspected violations of this article or any rule promulgated hereunder. Upon the finding of a violation in connection with any lead abatement project, the director shall issue a cease and desist order directing that all work on the project is halted forthwith or a notice of violation directing compliance with this article or any rule promulgated hereunder. Posting of cease and desist orders or notice of violations on project sites shall constitute notice of its contents to the property owner and all persons working on the lead abatement project. The director may also deliver a copy of such order or notice by certified mail, return receipt requested, to the property owner and to the contractor. (c) Hearings regarding violations of this article and any rules promulgated hereunder shall be conducted in accordance with the division's rules of procedure for contested case hearings and declaratory rulings and the administrative procedures act of chapter twenty-nine-a of this code.
West Virginia Code § 16-35-11 establishes the conditions under which the state director can suspend or revoke a lead abatement discipline license, as well as the enforcement tools available when violations are found. Grounds for license action include fraud in obtaining a license, failure to meet qualifications, non-compliance with federal or state lead abatement standards, use of unlicensed workers, and falsification of project documents. When a violation is identified on a lead abatement project, the director may issue a cease and desist order halting all work immediately or a notice of violation requiring compliance; posting such orders on the project site serves as official notice to the property owner and all workers. Disputes and hearings arising from these enforcement actions are handled through the state's administrative procedures process under Chapter 29-A.
Plain English — not legal advice.
Under § 16-35-11, property owners who hire contractors for lead abatement work on pre-1978 rental housing should be aware that a cease and desist order or notice of violation posted on their project site constitutes official legal notice to them, regardless of whether they receive a separate mailed copy. Compliant operators generally verify that any contractor and all workers on a lead abatement project hold the licenses required by West Virginia Code Chapter 16, Article 35, before work begins. Owners who receive a cease and desist order under this section should understand that all project work must stop immediately upon posting, and that the administrative hearing process under Chapter 29-A governs any formal challenge to such orders.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 16-35-11 of the West Virginia Code gives the state director authority to halt lead abatement work in rental housing and take action against licensed contractors who violate lead abatement rules, which can be relevant to tenants living in pre-1978 housing undergoing such work. Tenants have a general right to know that cease and desist orders or notices of violation posted at their building constitute official notice of a compliance problem with the abatement project. Tenants who believe lead abatement work at their home is being conducted improperly may consider contacting the West Virginia Department of Health or a local tenant-rights organization to understand what complaint or reporting options may be available under this article.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation