Current through Register Vol. XLI, No. 45, November 8, 2024
Section 7-2-2 - Complaints2.1. Submission. (a) Form. The form of complaints shall be determined by the Board. All complaints shall be in writing and verified by the complainant before a notary public.(b) Who may submit. A complaint may be submitted by any natural person or legal entity, any registered engineer, or any firm holding a certificate of authorization. A complaint may be submitted by the Board, a member of the Board staff, with or without direction from the Board, or a member of the Board. Charges may be based upon information received solely through investigative activities undertaken by the Board.2.2. Filing. (a) The applicable statute provides for disposition of a complaint if trivial, unfounded, or settled informally. Unless in the opinion of at least one member of the Board the alleged situation which is the subject of a complaint presents an imminent danger to health or safety, a complaint will be deemed received and filed only upon the majority vote of the Board members present and meeting in general session. Until such action, the complaint will be on the agenda for each meeting until resolved informally or filed. During the period before a complaint is deemed filed, the Board may take appropriate action, upon motion and consistent with the applicable statues, to investigate and settle the complaint informally.(b) A complaint will not be considered by the Board until an original is delivered to and logged in and numbered by the Board Administrator at Charleston during normal business hours. Facsimile and other electronic transmission of complaints will be accepted for filing, provided originals are delivered to the Board Administrator within fourteen (14) days thereafter.2.3. Notice to Respondent. The Board Administrator shall give notice of the filing of a complaint to any and all respondents named in the complaint. Such notice shall be by certified mail, return receipt requested, to the respondent at his, her, or its last known address or in a manner consistent with the rules for service of process under the West Virginia Rules of Civil Procedure. A return of service shall be completed by the person effecting service and filed with the Board.2.4. Response to Complaints. The respondent may file, within thirty days after service of the complaint, a responsive pleading which shall state with particularity every defense in law or fact to the allegations in the complaint. Every responsive pleading shall be verified by the respondent.2.5. Failure to File Response. The failure to file a response to the complaint shall be deemed an admission of the factual allegations contained therein. The failure to file a response shall not be grounds for delaying hearing or other action upon the complaint.2.6. More Definite Statement. The Board or a respondent may request a clarification or more definite statement of the allegations in the complaint. A respondent's request for a more definite statement shall be filed with the Board not less than fifteen days before the hearing date. The Board's request may be issued to a complainant at any time, and the complainant shall respond within seven days of service of the request by the Board. Failure of a complainant to respond timely to such request may be grounds for dismissal of the complaint.