West Virginia Code § 16-5J-6

Hearing and judicial review
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If a license is withheld, suspended or revoked, the laboratory is entitled to a hearing before
representatives of the department of health within sixty days of the withholding, suspension
or revocation decision. Such laboratory may be represented at the hearing by counsel and
may present evidence in its defense. The final order of the director will be based on a record
of the hearing and shall contain findings of fact and conclusions of law. The elaboratory may
appeal an adverse order to the circuit court of Kanawha County or the circuit court of the
county in which the laboratory is located to determine whether the direrctor abused his
discretion or exceeded his jurisdiction. The department of health has the power to obtain an
injunction during the time preceding the hearing against any laboratory which fails to meet
licensure requirements and whose continued operation poses a significant threat to the
public health. t

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