W. Va. Code R. § 42-18-10

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

Section 42-18-10 - Notices of Hearing; Service of Notices of Hearing; Cease and Desist Order Hearings; Disciplinary Hearings; Contested Case Hearings; Appeals

10.1. The Board shall hold a hearing during its regularly scheduled meeting, or during a special or an emergency meeting, on all cease and desist orders issued, shall vote on whether to affirm or rescind the cease and desist order, and shall vote on the amount of the penalty to be imposed, if any.

10.1.1. The Board shall issue a written notice of hearing to each person who has been issued a cease and desist order at least 10 days prior to the date of the hearing.

10.1.2. The Board shall cause the notice of hearing to be served by email, by certified mail, return receipt requested, or by personal service.

10.1.3. A person who has been issued a cease and desist order has a right to attend the hearing in person, to be represented by an attorney at law licensed to practice in West Virginia, or to submit a written response to the Board for its consideration, and may offer testimony and submit relevant factual information.

10.1.4. Provided that the person to whom a cease and desist order has been issued receives proper notice of the hearing, the person's failure to attend the hearing shall not preclude the Board from taking action on the cease and desist order.

10.1.5. After a hearing on a cease and desist order, the Board may issue a reprimand or assess a monetary penalty.

10.1.6. In considering whether to assess a monetary penalty and the amount of the penalty, the Board may consider whether a person has been previously issued a cease and desist order, whether the cease and desist order was issued based on a complaint from a consumer, or any other facts and circumstances that the Board considers relevant.

10.1.7. The Board shall issue a written order setting forth its decision on the cease and desist order.

10.1.8. Within 30 days of receipt of the Board's order, any person adversely affected by the Board's order may appeal the order to the Intermediate Court of Appeals as provided in W. Va. Code § 51-11-1et seq.

10.2. When a licensee is alleged to have engaged in conduct that is a ground for discipline as set forth in W. Va. Code § 21-9-12, §21-9-12a, or W. Va. Code St. R. §42-19-14.1, the Board shall hold a disciplinary hearing during its regularly scheduled meeting, or during a special or an emergency meeting.

10.2.1. The Board shall issue a written notice of hearing to a licensee who is alleged to have engaged in one or more of the Act's grounds for discipline at least 10 days prior to the date of the hearing.

10.2.2. The Board shall cause the notice of hearing to be served on the licensee by email, by certified mail, return receipt requested, or by personal service.

10.2.3. A licensee has a right to attend the hearing in person, to be represented by an attorney at law licensed to practice in West Virginia, or to submit a written response to the Board for its consideration, and may offer testimony and submit relevant factual information.

10.2.4. Provided that the licensee receives proper notice of the hearing, the licensee's failure to attend the hearing shall not preclude the Board from taking action against the licensee.

10.2.5. The Board shall consider the facts and circumstances of the licensee's conduct and any other information that the Board considers relevant, including the licensee's previous disciplinary history, if any, with the Board.

10.2.6. If the Board finds that the licensee has engaged in the prohibited conduct, the Board shall vote on the disciplinary action to be imposed on the licensee.

10.2.7. The Board shall issue a written order to the licensee, setting forth its decision on the disciplinary action to be imposed.

10.3. Within 60 days of receipt of the Board's disciplinary order, a licensee may submit a written appeal to the Board, stating the reasons or grounds for contesting the Board's order.

10.3.1. The Board may conduct the appeal hearing or may appoint a hearing examiner to conduct the appeal hearing.

10.3.2. The Board or hearing examiner shall conduct the hearing pursuant to W. Va. Code § 29A-5-1et seq.

10.3.3. The Board or hearing examiner shall provide written notice of hearing to the licensee, setting forth the date, time, and place of the hearing.

10.3.4. The Board shall cause the notice of hearing to be served on the licensee by email, by certified mail, return receipt requested, or by personal service.

10.3.5. The hearing shall take place within 30 days of receipt of the licensee's appeal, unless the time frame is waived by agreement of the parties.

10.3.6. The Board shall be responsible for the preparation of an official record of the hearing, which shall include all testimony and exhibits.

10.3.6.a. The Board may engage a court reporter to make a record of the hearing.

10.3.6.b. Upon request to the Board by any party involved in the hearing, a copy of the transcript and exhibits shall be furnished to the requesting party at the requesting party's expense.

10.3.7. The Board and the licensee may be represented by an attorney at law licensed to practice in West Virginia, and may offer testimony and exhibits.

10.3.8. The Board shall issue a final order to the licensee concerning the appeal.

10.3.9. Within 30 days of receipt of the Board's order, a person adversely affected may file an appeal to the Intermediate Court of Appeals as provided in W. Va. Code § 51-11-1et seq.

W. Va. Code R. § 42-18-10