Current through Register Vol. XLI, No. 50, December 13, 2024
Section 28-3-6 - Hearings6.1. The board may, at any time after the receipt of a complaint, issue a written notice of its intent to conduct a hearing. The notice if intent shall be provided to all interested persons by certified mail at least twenty (20) days in advance of the hearing date. The notice shall include: (a) a statement of the time, place and nature of the proceeding; and(b) a statement of the subject matter of the proceeding to include the issues in question.6.2. All hearings conducted by or on behalf of the board shall be conducted in Charleston and in accordance with the provisions of W. Va. Code §29A-5 et seq., The Administrative Procedures Act-Contested Cases.6.3. The board may employ the services of an independent hearing examiner to conduct hearings. The examiner shall conduct all hearings in accordance with the provisions of this rule. The examiner shall submit proposed findings of fact and conclusions of law to the board. The report may contain the examiner's recommendations for the final disposition of the complaint.6.4. After the board has received the hearing examiner's report, the board may adopt, modify or reject the hearing examiner's findings, conclusions and recommendations. The board shall issue a written order within thirty (30) days of the completion of the hearing. The order shall include a brief statement of its findings and conclusions, with specific references to principal supporting items of evidence as well as the reasons or basis for the order. The board may not impose or assess damages.6.5. The board may order the resolution of the complaint by its dismissal or by one or more of the following sanctions:(a) Permanently revoking a contractor's license;(b) Suspending a contractor's license for a specific period of time;(c) Censuring or reprimanding a licensed contractor;(d) Imposing limitations or conditions on the professional practice of a licensed contractor;(e) Imposing requirements for remedial professional education to correct deficiencies in the education, training and skill of a licensee; or(f) Imposing a probationary period requiring a licensed contractor to report regularly to the board on matters relative to the grounds for the probation; the board may withdraw probationary status if the deficiencies that require the sanction are remedied.6.6. Any interested person, including the board, involved in any investigation or hearing may at any time propose a settlement which may be entered into with the consent of all interested persons and the board. Final acceptance of a settlement shall be memorialized in a settlement order and signed by the board and all interested persons. The execution of a final settlement order immediately terminates any related proceedings and is binding upon the board and all interested parties.6.7. Any person adversely affected by any action of the board may appeal the action to the Circuit Court of Kanawha county, West Virginia or in the circuit court of the county in which the petitioner or any one of the petitioners resides or does business.