W. Va. Code R. § 158-16-4
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 158-16-4 - Notice of Investigation4.1. If the Review Board determines that an allegation in the Complaint, if taken as true, would constitute a violation of the Act, then the Executive Director or his or her designee shall give notice to the Complainant and Respondent that an investigation will begin (hereinafter "Notice of Investigation").4.2. The Notice of Investigation and a copy of the Complaint shall be mailed to the Respondent by certified mail, return receipt requested, marked "Addressee only, personal and confidential." The Executive Director shall also provide a copy of the Notice of Investigation to the Complainant.4.3. The Notice of Investigation shall describe the Respondent's conduct which is the basis for the alleged violation of the Act.4.4. The Notice of Investigation shall advise the Respondent that the purpose of the investigation is to determine whether probable cause exists to believe that a violation of the Act has occurred which may subject the Respondent to sanctions by the Commission, criminal prosecution by the state, or civil liability.4.5. The Notice of Investigation shall also inform the Respondent that he or she has the right to appear and make an oral response before the Review Board and that he or she must submit a request for such an oral response within thirty days of receipt of the Notice of Investigation.4.6. The Notice of Investigation shall also inform the Respondent that he or she may respond to the Complaint in writing within thirty days of receipt of the Notice of Investigation. This time may be extended by the Executive Director, his or her designee, or the Chairperson of the Review Board upon a showing of good cause by the Respondent._4.7. The Notice of Investigation shall also advise the Respondent that his or her failure or refusal to respond to a fact or allegation is not taken as an admission of the truth of that fact or allegation.W. Va. Code R. § 158-16-4