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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) Hearings shall be conducted in accordance with the provisions of § 29A-5-1 et seq. of this code and the commission’s rules.
(b) Hearings shall be held at a time and place determined by the commission, but in no event less than 30 days after the notice of hearing is given.
(c) Any member has the authority to administer oaths and to examine any person under oath.
(d) If, after hearing, the commission determines the licensee has violated any provision of this article, or the commission’s rules, a formal decision shall be prepared which contains findings of fact, conclusions of law, and specifically lists the disciplinary actions imposed.
(e) The commission may elect to have an administrative law judge or hearing examiner conduct the hearing. If the commission makes this election, the administrative law judge or hearing examiner, at the conclusion of a hearing, shall prepare a proposed order which shall contain findings of fact and conclusions of law. The commission may request that disciplinary actions imposed be a part of the proposed order, or the commission may reserve this obligation for its consideration. The commission may accept, reject, or modify the decision of the administrative law judge or hearing examiner.
(f) Any person adversely affected by any decision or final order made by the commission, after a hearing, is entitled to judicial review pursuant to the provisions of § 29A-5-4 of this code.
(g) In addition to any other sanction imposed, the commission may require a licensee to pay the costs of the proceeding.
Cite this article: FindLaw.com - West Virginia Code Chapter 30. Professions and Occupations § 30-40-21. Hearings; judicial review; cost of proceedings - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-30-professions-and-occupations/wv-code-sect-30-40-21/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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