W. Va. Code R. § 69-12-32

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

Section 69-12-32 - Administrative Due Process

32.1. Before any OBMAT program registration 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.

32.1.1. The notice shall be sent by certified mail to the owner or owners at the address where the OBMAT program concerned is located.

32.1.2. Within 30 days of receipt of the notice, the owner or owners may submit a request for an administrative hearing or an informal meeting to address and resolve the findings.

32.1.3. The OBMAT 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.

32.1.4. 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.

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

32.1.6. 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. § 69-12-32