Current through Register Vol. XLI, No. 50, December 13, 2024
Section 30-4-4 - Disciplinary Action4.1. The Board may deny, revoke, or suspend a license or otherwise discipline a licensee or applicant has violated provision set forth in W. Va. Code '30-34-1 et seq.4.2. The Board shall afford every person subjected to disciplinary proceedings an opportunity for a hearing as set forth in the W. Va. Code '30-34-14 et seq.4.3. If an applicant for licensure or licensee fails to appear at a scheduled hearing or fails to reply to the notification of hearing, the charges specified may be taken as true and the Board may proceed with disciplinary action.4.4. Following a hearing before the Board or its hearing examiner, the Board shall issue its decision on any disciplinary matter.4.5. The Board may establish a committee that has the authority to resolve disciplinary matter through a formal consent agreement with the licensee, permitting the licensee to voluntarily agree to disciplinary action in lieu of a formal evidentiary hearing.4.6. The Board or its authorized committee may take disciplinary action which includes, but is not limited to the denial, suspension, or revocation of a license to practice as a Respiratory Therapist, or probation of a Respiratory Therapist with terms to be met for continued practice, or the assessment of additional renewal, reinstatement, or monitoring fees and costs against a licensee, or combination of these or other actions. A monitoring fee assessed at the time of suspension or revocation of a license is due at the time the licensee requests reinstatement of the license. A monitoring fee imposed in conjunction with penalties other than the suspension of the licensee is due and payable within the time frame determined by the Board. A licensee who fails to pay a monitoring fee assessed by the Board as part of the disciplinary proceeding within the time period contained in this rule or as otherwise agreed upon between the parties is not eligible for renewal of his or her license until the fee is paid.