Current through Register Vol. XLI, No. 50, December 13, 2024
Section 10-2-13 - Complaint procedures13.1. Any individual may make a complaint to the board concerning a licensee.13.2. The board may accept an anonymous complaint if the information provided is adequate to begin an investigation.13.3. The board shall accept a complaint in writing, by phone or in person. The board may provide a form for the purpose of submitting a written complaint, but shall accept a complaint if the information includes: 13.3.a. the alleged violation which prompted the complaint;13.3.b. the name and address of the individual against whom the complaint is lodged;13.3.c. the date or dates the incident or incidents occurred; and13.3.d. the name or names of witnesses to the incident.13.4. All complaints shall be referred to the Executive Secretary, Assistant Executive Secretary or Counsel for the Board, who shall act as a representative for the board.13.5. The board shall maintain a complaint log which records the receipt of each complaint, and the nature and the disposition of the complaint.13.6. The representative shall conduct an investigation to determine the validity of the allegations contained in the complaint.13.7. The board shall issue subpoenas to gather necessary facts and evidence to determine the validity of the allegations contained in the complaint.13.8. The board shall provide copies of complaint forms and other available evidence to the licensee against whom a complaint is filed. The licensee shall respond within fourteen (14) days of receipt of the complaint, to the allegations contained in the complaint by making an appointment with the staff representative to meet in person or by preparing a written statement and returning it to the board.13.9. The representative for the board shall evaluate the complaint, licensee response and other investigative information to determine if a violation of law has occurred and to determine the need for additional investigation. 13.10. The representative for the board may recommend that a case be dismissed if probable cause for further action is not identified. Cases recommended for dismissal due to lack of probable cause shall be referred to the Disciplinary Review Committee of the board established by the board under West Virginia State Board of Examiners for Licensed Practical Nurses Rule, Open Meetings and Bylaws, 10 CSR 5, for review of the complaint and investigative information. The committee may approve dismissal of the case or direct the staff representative to proceed with further investigation if the committee believes further investigation is necessary.13.11. The representative for the board may negotiate terms of a consent agreement, set forth in section 14 of this rule, with a licensee, if probable cause for disciplinary action is established.13.12. The Disciplinary Review Committee shall review the terms of the consent agreement and all investigative information. The committee may approve the consent agreement, request revisions to the Consent Agreement or reject the consent agreement.13.13. If the Disciplinary Review Committee rejects the consent agreement, the staff representative shall set the case for hearing.13.14. If the licensee contests the allegations and refuses to enter into a consent agreement the representative shall set the case for hearing. All hearings shall be in accordance with the W. Va. Code, Chapter 29A, Administrative Procedures Act.13.15. Members of Disciplinary Review Committee shall be disqualified from the formal hearing process if the case has been presented to the committee for consideration prior to the formal hearing.13.16. A hearing shall be held before a hearing examiner or before members of the board.13.17. The board shall make a determination on the matter based on the facts, evidence submitted, testimony and recommendations of the hearing examiner.13.18. The board shall formulate and issue a final order which shall include findings of fact, conclusions of law and the decision of the board on the matter.13.19. The licensee, his or her attorney of record, if any, and the individual who filed the complaint shall be provided with a copy of the decision and accompanying findings of fact and conclusions of law, whether it is the result of a formal hearing or the execution of a consent agreement.13.20. The decision of the board is final unless reversed, vacated or modified upon judicial review.