W. Va. Code R. § 69-11-39

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

Section 69-11-39 - Administrative Due Process

39.1. Before any MAT program license is denied, suspended or revoked, written notice shall be given to the owner or owners of the program, stating the grounds of the denial, suspension, revocation or penalty and the date set for any enforcement action.

39.1.a. The notice shall be sent by certified mail to the owner(s) at the address where the MAT program concerned is located.

39.1.b. Within 30 days of receipt of the notice, the owner(s) may submit a request for an administrative hearing or an informal meeting to address and resolve the findings.

39.1.c. The MAT program 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.

39.1.d. All of the pertinent provisions of W. Va. Code §§ 29A-5-1, et seq. and 69 CSR 1 shall apply to and govern any hearing authorized by this rule.

39.1.e. If an owner fails to request a hearing within the time frame specified, he or she shall be subject to the full penalty imposed.

39.1.f. The filing of a request for a hearing does not stay or supersede enforcement of the final decision or order of the Secretary. The Secretary may, upon good cause shown, stay such enforcement.

W. Va. Code R. § 69-11-39