A facility or licensee adversely affected by an order or citation of a deficient practice issued pursuant to this article or by a citation issued for a deficient practice pursuant to federal law may request the independent informal dispute resolution process contained in section twelve-a of this article. A facility may contest a cited deficiency as contrary to law or unwarranted by the facts or both.
The director may impose the following prior to or during the pendency of an informal hearing, an independent informal dispute resolution process or of a formal hearing:
(1) A reduction in the bed quota pursuant to section eleven of this article; or
(2) Transfer of residents and a ban on new admissions pursuant to section eleven of this article.
(b) Informal hearings shall be held within twenty working days of the director's receipt of timely request for appeal, unless the licensee or applicant aggrieved by the order consents to a postponement or continuance. In no event may the informal hearing occur more than thirty business days after the director receives timely request for appeal. At the informal hearing, neither the licensee or applicant nor the director may be represented by an attorney. Within ten days of the conclusion of the informal hearing, the director shall issue an informal hearing order, including a basis for the decision.
(c) If the applicant or licensee requested a formal hearing
only, the director and the licensee shall proceed in accordance
with the provisions of the Department of Health and Human Resources
rules of procedure for contested case hearings and declaratory
rulings. If the applicant or licensee also requested an informal
hearing or the independent informal dispute resolution process
contained in section twelve-a of this article, and if the order is
not favorable to the applicant or licensee, the director shall
notify the administrative hearing examiner of the request for an
appeal within five business days of issuing the order.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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