W. Va. Code R. § 69-17-15

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 69-17-15 - Administrative Due Process

15.1. Before any syringe services program license is denied, suspended, penalized, or revoked, written notice shall be given to the program administrator of the syringe services program, stating the grounds of the denial, suspension, penalty, or revocation and the date set for any enforcement action and the location to which it applies. The notice shall also include the remedial measures the syringe services program shall take, if any, to consider reinstatement or removal of suspension of the license and the due process rights of the syringe services program.

15.1.1. The notice shall be sent by certified mail to the program administrator at the address where the syringe services program concerned is located.

15.1.2. Within 30 days of receipt of the notice, the owner or program administrator may submit a request for an administrative hearing to address and resolve the findings.

15.1.3. The syringe services program and its owner shall be entitled to be represented by legal counsel at the administrative hearing at their own expense.

15.1.4. All of the pertinent provisions of W. Va. Code §§ 29A-5-1, et seq., and 69CSR1, shall apply to and govern any hearing authorized by this rule.

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

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

W. Va. Code R. § 69-17-15