WEST VIRGINIA CODE
WVC 30 - 26 - 16
§30-26-16. Hearing procedures; judicial review.
Any person, including a person who brings a complaint
against a licensee or trainee before the board, adversely
affected by any decision, ruling or order of the board shall be
entitled to a hearing before the board. The hearing may be held
by the board or a majority thereof either in the county wherein
the licensee, trainee, prospective licensee or prospective
trainee resides or may be held in the county wherein the person
adversely affected resides or may be so held in some other county
as the board may direct. All of the pertinent provisions of
article five, chapter twenty-nine-a of this code shall apply to
any hearing held by the board and the administrative procedures
in connection with and following such hearing shall apply with
like effect as if the provisions of said article five were set
forth in extenso in this section. For the purpose of conducting
such hearing the board shall have the power and authority to
issue subpoenas and subpoenas duces tecum in accordance with the
provisions of section one, article five, chapter twenty-nine-a.
Any such hearing shall be held within thirty days after the date
upon which a request therefor was made. All requests for hearings
shall be made in writing to the board by certified or registered
mail, return receipt requested. The board may postpone or
continue any hearing on its own motion or upon application for
good cause shown.
Any person, including a person who brings a complaint
against a licensee or trainee before the board, who may be
adversely affected by any ruling or order made or entered by the board following a hearing, shall be entitled to judicial review
of such order, in accordance with the provisions of section four,
article five, chapter twenty-nine-a of this code and the
provisions of said section four shall apply to and govern such
appeal with like effect as if the provisions of said section four
were set forth in extenso in this section and the provisions of
article six of said chapter twenty-nine-a shall apply with
respect to appeals to the supreme court of appeals in the same
manner.
Note: WV Code updated with legislation passed through the 2012 1st Special Session