Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-23-8 - Hearing and Appeal Procedures8.1. Notice of Revocation. Upon revoking the license or licenses of any person, the Division of Natural Resources shall immediately notify the licensee in writing, sent by registered mail to the address given by the licensee in applying for license, and upon his/her request, shall afford an opportunity for a hearing within 30 days after receipt of the request.8.2. Request for Hearing. Upon receipt of a notice of revocation, the licensee may request an opportunity for a hearing before the Division. The request shall be made in writing to the director within 30 days after the receipt of the revocation notice.8.3. Hearings. A hearing shall be held by the Division within 30 days after the receipt of a written request from the licensee, conditional upon the receipt of his or her surrendered license in accordance with the provisions of section 4.2 of this rule. The hearing may be conducted in the county in which the licensee resides or any other county designated by the director. A duly authorized agent of the director shall act as the hearings officer. Within 30 days after the hearing, the hearings officer shall issue a finding, and the reasons for the finding, that either upholds or rescinds the revocation. The Division shall immediately send written notification of the finding to the licensee.8.4. Appeals. The finding of the hearings officer constitutes a final order appealable under the provisions of W. Va. Code § 51-11-1et seq. and W. Va. Code § 29A-5-4.