W. Va. Code R. § 64-14-13

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 64-14-13 - Administrative Due Process

13.1. Before any assisted living residence is denied, suspended, penalized, or revoked, written notice shall be given to the owner or owners of the residence stating the grounds of the denial, suspension, revocation, or penalty and the date set for any enforcement action.

13.1.1. The notice shall be sent by certified mail to the address where the assisted living residence concerned is located.

13.1.2. Within 30 days of receipt of the notice, the owner or owners may submit a request for an administrative hearing or an informal meeting to address and resolve the findings.

13.1.3. The assisted living residence and its owner or owners shall be entitled to be represented by legal counsel at the informal meeting or at the hearing at their own expense.

13.1.4. All of the pertinent provisions of W. Va. Code §§29A-5-1, et seq., and W. Va. Code R. §§69-1-1, et seq., shall apply to and govern any hearing authorized by this rule.

13.1.5. If an owner fails to request a hearing within the time frame specified, he or she shall be subject to the full penalty imposed.

13.1.6. The filing of a request for a hearing does not stay or supersede enforcement of the final decision or order of the Secretary. The Secretary may, upon good cause shown, stay such enforcement.

W. Va. Code R. § 64-14-13