Current through Register Vol. XLI, No. 24, June 14, 2024
Section 37-2-2 - Procedures For Temporary Suspension Of Certificates Issued To Persons Pursuant To Chapter 22A Of The Code Of West Virginia Pending Full Hearing Before The Board Of Appeals2.1. Finding Probable Cause by the Board of Appeals. No temporary suspension of the certificate of a certified person shall be made by the Commissioner unless and until a finding of probable cause that such person has violated statutory duties has been made by the Board of Appeals according to the provisions of W. Va. Code '22A-1A,- 29(b).2.2. Temporary Suspension of Certificates. The Commissioner may order the temporary suspension of the certificate of any person certified pursuant to Chapter 22A of the Code of West Virginia, pending full evidentiary hearing before the Board of appeals if an investigation by authorized representatives of the Commissioner reveals that:(a) The certified person was active in the capacity which required or requires, the certification issued by the Commissioner; or(b) Such certified person is, or was, assigned by the operator or operator's agent to perform duties set out in the Code or regulations; and(c) Such certified person failed and/or neglected to perform such statutory or regulatory duties; and(d) Such failure and/or neglect of duty resulted in a finding by an authorized representative of the Commissioner of a violation of a health and safety standard of the Code or regulations; and(e) Such violation of a health and safety standard resulted in the occurrence or high likelihood of the occurrence of the event against which the standard is directed or designed to prevent.The temporary suspension shall be effective upon issuance by the Commissioner and shall remain effective until modified or terminated by the Commissioner or the Board of Appeals.
2.3. Notification. The Commissioner, or his authorized representative, shall notify the certified person in writing by personal service or certified mail that such person's certificate is temporarily suspended stating the reasons for such suspension.2.4. Request for Modification. Any certified person whose certificate has been suspended pursuant to this regulation, may request in writing to the Board of appeals, that the Commissioner's suspension order be modified at any time after the finding of probable cause by the Board of Appeals.2.5. Prior Proceedings. These regulations shall be applicable to all cases pending before the Board of Appeals on the date promulgation, unless otherwise ordered by the Board of appeals. Except when ordered by the Board of appeals, no reissuance of any pleading, documents or request shall be required in such proceeding.