W. Va. Code R. § 114-85-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-85-6 - Denial of a License Application or Renewal

6.1. The Commissioner may deny an application for license:

6.1.a. Where the application is not fully completed, improperly executed or otherwise deficient on its face;

6.1.b. Where documents required to supplement the application are not included in the application packet;

6.1.c. Where any fee required by sections 3, 4 or 5 of this rule and W. Va. Code § 33-46A-4 is not submitted;

6.1.d. Where the applicant has had a PEO license revoked in this or any other state, unless such revocation has subsequently been rescinded or otherwise suspended and the problems remedied to the reasonable satisfaction of the Commissioner;

6.1.e. Where the applicant, or any person named in the application, has made a material misrepresentation in the application; or

6.1.f. Upon finding that any person named in the application, any controlling person or any person in a management or policy-making position with any applicant, is not of good moral character, business integrity or financial responsibility, or that there is good and sufficient reason within the meaning and purpose of this rule or of W. Va. Code § 33-46A-1 et seq. to deny the application.

6.2. If the Commissioner determines:

6.2.a. That the application is not complete or not properly executed, the Commissioner shall provide a notice of deficiency and provide a reasonable opportunity for the applicant to correct the deficiency, or

6.2.b. That the applicant does not meet the requirements to obtain a license, a written notice of denial shall be furnished to the applicant along with the reasons for the denial of the application. The applicant may request a hearing before the Commissioner within thirty (30) days of receipt of the written notice of denial to protest the decision of the Commissioner.

W. Va. Code R. § 114-85-6