Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-8-18 - Administrative Due Process18.1. Before any pain management clinic license is denied, suspended, or revoked, written notice shall be given to the owner or owners of the clinic, stating the grounds of the complaint and the date, time, and place set for the hearing on the complaint, which date shall not be less than 30 days from the time the notice is given.18.1.1. The notice shall be sent by certified mail to the owner or owners at the address where the pain management clinic concerned is located.18.1.2. Nothing prohibits the parties from requesting an administrative hearing or in an informal meeting to address and resolve the findings of the licensing review prior to the hearing and nothing prohibits the parties from continuing the hearing upon good cause shown as determined by the secretary.18.1.3. The pain management clinic and its owner or owners shall be entitled to be represented by legal counsel at the informal meeting or at the hearing at their own expense.18.1.4. All of the pertinent provisions of W. Va. Code §§29A-5-1, et seq., and W. Va. Code R. §§69-1-1, et seq., shall apply to and govern any hearing authorized by this rule.18.1.5. If an owner fails to request a hearing within the time frame specified, he or she shall be subject to the full penalty imposed.18.1.6. The filing of a request for a hearing does not stay or supersede enforcement of the final decision or order of the director or the secretary. The secretary may, upon good cause shown, stay such enforcement.