WVC 30 - 34 - 14
§30-34-14. Due process procedure.
(a) Upon filing with the board a written complaint charging a
person with being guilty of any of the acts described in section
thirteen of this article, the administrative secretary or other
authorized employee of the board shall provide a copy of the
complaint or list of allegations to the person about whom the
complaint was filed. That person will have twenty days thereafter
to file a written response to the complaint. The board shall
thereafter, if the allegations warrant, make an investigation. If
the board finds reasonable grounds for the complaint, a time and
place for a hearing shall be set, notice of which shall be served
on the licensee, permit holder or applicant at least fifteen
calendar days in advance of the hearing date. The notice shall be
by personal service or by certified or registered mail sent to the
last known address of the person.
(b) The board may petition the circuit court for the county
within which the hearing is being held to issue subpoenas for the
attendance of witnesses and the production of necessary evidence in
any hearing before it. Upon request of the respondent or of his or
her counsel, the board shall petition the court to issue subpoenas
in behalf of the respondent. The circuit court upon petition may
issue such subpoenas as it deems necessary.
(c) Unless otherwise provided in this article, hearing
procedures shall be promulgated in accordance with, and a person
who feels aggrieved by a decision of the board may take an appeal
pursuant to, the administrative procedures in this state as
provided in chapter twenty-nine-a of this code.
Note: WV Code updated with legislation passed through the 2012 1st Special Session