WEST VIRGINIA CODE
WVC 16 - 2 D- 12
§16-2D-12. Denial or revocation of license for operating
without certificate.
Any person acquiring, offering or developing any new
institutional health service for which a certificate of need is
required under this article without first obtaining a certificate
of need therefor as herein provided, or who violates any of the
provisions of this article is subject to denial or revocation of
a license, in whole or in part, to operate such institutional
health service or facility. Upon a showing to the state agency
that any person is offering or developing any new institutional
health service within the meaning of this article without having
first obtained a certificate of need therefor as provided herein
or that such person is otherwise in violation of the provisions
of this article, the state agency shall provide such person with
written notice which notice shall state the nature of the
violation and the time and place at which such person shall
appear to show good cause why its license should not be revoked
or denied, at which time and place such person shall be afforded
a reasonable opportunity to present testimony and other evidence
in support of its position. If, thereafter, the state agency
determines that such person's license to operate such
institutional health service or facility should be revoked or
denied, the state agency shall issue an order, in writing, to the
appropriate responsible licensing agency of the state, requiring
that such person's license to operate such institutional health
service or facility be revoked or denied, which order shall be
binding upon such licensing agency.
Note: WV Code updated with legislation passed through the 2012 1st Special Session