Current through Register Vol. XLI, No. 45, November 8, 2024
Section 7-2-5 - Disposition of Complaints5.1. Administrative Decisions and Orders.(a) Any party may submit proposed findings of fact and conclusions of law as permitted in the discretion of the presiding officer.(b) After a hearing upon a complaint is completed, including an instance in which the respondent defaults, the Hearing Panel may make findings of fact and conclusions of law and shall issue the appropriate administrative decision or order.(c) The Hearing Panel may make findings of fact and conclusions of law in connection with the hearing and in conformity with applicable law notwithstanding the failure of the complaint to allege the grounds therefor.(d) Informal disposition may also be made of any complaint by stipulation, agreed settlement, or consent order provided, however, that a hearing upon any pending complaint set pursuant to Rule 4.0 shall not be cancelled other than by a respondent's acceptance of such proposed informal disposition.(e) All dispositions of complaints shall be signed by the presiding officer. A copy shall be maintained in the permanent records of the Board.(f) The official determination of the Hearing Board shall be made by majority vote of the Hearing Panel. The presiding officer shall vote in every matter but shall reserve his vote to the last. Any minority of the Hearing Panel may preserve its opinion in written form submitted at or not less than ten days after the entry of the majority's administrative decision or order.(g) A copy of the administrative decision or order shall be served upon each party and his counsel in person or by registered or certified mail within five days after entry by the presiding officer.5.2. Unlawful Practice. In addition to disciplinary actions authorized by W. Va. Code § 30-13-21, if the administrative decision or order finds that the respondent is engaging in the practice of engineering in this state without being registered, the Board may request the prosecutor of any county to prosecute the respondent pursuant to W. Va. Code § 31-13-23 or the Board may file a complaint seeking an injunction to enforce the provisions of W. Va. Code §§ 31-13-1 et seq. Nothing in these rules shall prohibit the Board from requesting prosecution or seeking an injunction without prior notice and opportunity for hearing to the person who is believed to be in violation.