Current through Register Vol. XLI, No. 50, December 13, 2024
2.1. Any party who demands a hearing to have determined any constitutional rights, legal rights, duties, interests or privileges of specific parties as required by law shall specify in writing the grounds relied upon as a basis for the relief request.2.2. When the Chairman or his authorized designee is presented with a demand for a hearing as described in subsection (1) of this rule, he shall schedule a hearing within forty-five (45) days of receipt by him of such written demand unless postponed to a later date by mutual agreement. However, if the chairman or his designee shall determine that the hearing demanded would either involve an exercise of authority in excess of that available to him under law, or would serve no useful purpose, he shall, within forty-five (45) days of receipt of such demand, enter an order refusing to grant the hearing as requested, incorporating therein his reason(s) for such refusal. Appeal may be taken from such order as provided by W. Va. Code '29A-5-4.2.3. Charges may be instituted against any chiropractic physician by the Board and shall be noted in the official minutes of the Board. Charges may be based upon information indicating that there are reasonable causes for believing that said chiropractic physician may have engaged in such conduct or be in such condition that his license should be placed on probation or limited or restricted, or have his license suspended or revoked for one or more of the grounds set forth in the Chiropractic Practice Act, or these regulations.2.4. Upon the receipt of a demand for a hearing as described in subsection (a) of this rule, or where a hearing is otherwise required, the Chairman or his designee shall as soon thereafter as possible provide the party making such demand and the party charged with a violation of licensing provisions of the law or regulations promulgated by the Board with Notice of Hearing (assuming an order has not been entered denying a hearing as provided in subsection (b) of this Rule). Said notice shall be served upon the respondent at least thirty (30) days prior to the hearing date. Said notice shall contain the following information:a. The date, time and place of the hearing;b. A short plain statement of the matters asserted or charged;c. A statement of intention to appoint a hearing examiner.The compliant shall be issued in the name of the Board as an agency of the State of West Virginia and designate the Board as "Petitioner" and shall designate the chiropractic physician being proceeded against as "Respondent." The Petitioner shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the respondent of the nature, time, and place of the conduct or condition complained of therein. The Board may amend the complaint as it deems proper.
Upon proper motion, a more definite statement of the matters asserted or charged shall be provided to the respondent or his counsel, at least fifteen (15) days prior to the hearing date.