Current through Register Vol. XLII, No. 1, January 3, 2025
Section 175-3-9 - Hearing and Appeal Procedure9.1. Whenever the Commissioner refuses to issue a license, or suspends or revokes a license, he shall enter an order to that effect, and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.9.2. Hearings. 9.2.a. Any applicant or licensee, as the case may be, adversely affected by an order refusing to issue or suspending or revoking a license has a right to a hearing before the Commissioner, upon written demand served upon the Commissioner within ten (10) days following the receipt by the applicant or licensee of the order. The service of a written demand for a hearing upon the Commissioner suspends the execution of the order with respect to which a hearing is being demanded, except when the order addresses an issue involving public health or safety and then the order is not be suspended by such service; further except that an order suspending a license because a distributor refuses or fails to keep the bond required by W. Va. Code § 60-8-18(b) will itself not be suspended by such service. The person demanding a hearing shall give security for the cost of the hearing in the form and amount as the Commissioner may reasonably require. If the person demanding the hearing does not prevail, the Commissioner shall assess the full costs of the hearing against him or her and may be collect by an action at law or other proper remedy.9.2.b. Upon receipt of a demand for a hearing, the Commissioner shall immediately set a date for a hearing and notify the person demanding the hearing thereof, which hearing shall be held within thirty (30) days after receipt of the demand. At the hearing, the Commissioner shall hear evidence and enter an order supported by findings of facts which will affirm, modify or vacate the order which is the subject of the hearing. The order resulting from the hearing is final unless vacated or modified upon judicial review thereof.9.2.c. A hearing and the administrative procedure prior to, during and following the hearing shall be governed by the provisions of W.Va. Code § 60-8-18, and in all other respects not specified W. Va. Code § 29A-5-1et seq.and W.Va. Code § 60-8-1 et seq., in circuit court.9.3. Appeal procedure. 9.3.a. Any person adversely affected by an order entered following a hearing before the Commissioner has a right to seek judicial review in the Circuit Court of Kanawha County, West Virginia or in accordance with the provisions of W. Va. Code § 60-8-18.9.3.b. The judgment of the circuit court_shall be final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals in accordance with the provisions of W. Va. Code § 29A-6-1et seq.9.3.c. The Attorney General and his or her assistants shall provide legal counsel and services for the Commissioner in all proceedings in circuit court and the Supreme Court of Appeals without additional compensation.