W. Va. Code R. § 42-21A-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-21A-13 - Denial, Suspension, Revocation, or Reinstatement of Licenses or Certificates of Registration; Investigations; Grounds for Disciplinary Action

13.1. The Commissioner may deny, suspend, revoke, or reinstate a license or certificate of registration in accordance with the provisions of the Act and this rule. A violation of the Act or this rule is grounds for the denial, suspension, revocation, or refusal to reinstate a license or certificate of registration and permits the imposition of disciplinary action.

13.2. Upon receipt of a complaint or upon his or her own inquiry, the Commissioner shall conduct an investigation to determine whether there are grounds for disciplinary action against a licensee or registrant. All complaints shall be in writing and include the name, address, and phone number of the complainant. The Commissioner shall provide a copy of the complaint to the licensee or registrant.

13.3. Disciplinary action may not be imposed without providing the licensee or registrant with notice and opportunity for a hearing in accordance with the provisions of W. Va. Code § 29A-5-1et seq.

13.3.1. The Commissioner may conduct the hearing or appoint a hearing examiner.

13.3.2. A licensee or registrant has a right to attend the hearing in person, to be represented by an attorney licensed to practice in this state, or to submit a written response to the Commissioner, and may offer testimony and submit relevant factual information: Provided, That if the licensee or registrant receives proper notice of the hearing, the licensee's or registrant's failure to attend the hearing does not preclude the imposition of disciplinary action.

13.3.3. If a hearing examiner is appointed, the hearing examiner shall submit a recommended decision to the Commissioner within 10 days of the hearing's conclusion. The hearing examiner may recommend the imposition of any appropriate disciplinary action permitted by the Act or this rule. The Commissioner shall accept, reject, or modify the hearing examiner's recommended decision and issue a final order within 10 days of receipt of the recommended decision.

13.3.4. If the Commissioner conducts the hearing, he or she shall issue a final order within 10 days of the hearing's conclusion. If the Commissioner concludes that a violation of the Act or this rule occurred, he or she may impose any appropriate disciplinary action permitted by the Act or this rule.

W. Va. Code R. § 42-21A-13