West Virginia Code § 19-11-10

Suspension, revocation or denial of permits, licenses and certificates of
Open in Lexace · Ask the AI about this section
proficiency.
(a) The commissioner may deny any application for a permit, license or certificate whenever
said permit, license or certificate has been applied for fraudulently, the applicant has grossly
interfered with the duties of the commissioner or the applicant is determined to be not in
compliance with or not able to comply with this article. e
(b) The commissioner may suspend a permit, license or certificate whenever a health hazard
exists, the permit, license, or certificate has been obtained fraudulently, the holder has
grossly interfered with the duties of the commissioner or it is deutermined that the permit,
license or certificate holder is dishonest, deceitful, incompetent or not in compliance with or
is unable to comply with this article. A person whose permitt, license or certificate has been
suspended shall discontinue operations covered by the permit, license or certificate during
the period of the suspension. The commissioner may issue a summary suspension in cases
where violations of this article constitute a hazard to the public health, safety or welfare
where the public interest requires immediate action.
(1) Except for summary suspensions, the commissioner shall give written notice to the
person(s) affected by the pending suspension, stating that he or she contemplates
suspension of the permit, license or gcertificate and giving reasons therefor. The suspension
notice shall appoint a time and place for hearing and shall be mailed by certified mail to the
business address of the permite, license, or certificate holder at least ten days before the date
set for the hearing. The commissioner shall review the evidence presented at the hearing
prior to issuing his decisLion.
(2) All summary suspensions shall be followed by a notice of suspension, the reasons
therefor, and an opportunity for a hearing in accordance with this article.
(3) At the end of the period of suspension, the permit, license or certificate holder may
resuWme operations without reapplication for a permit, license or certificate.
(c) The commissioner may revoke any permit, license or certificate issued under this article
whenever a health hazard exists, the permit, license or certificate has been obtained
fraudulently, the holder has grossly interfered with the duties of the commissioner or it is
determined that the holder is dishonest, deceitful, incompetent or not in compliance with or
is unable to comply with this article. Any person whose permit, license or certificate has
been revoked shall immediately discontinue all operations covered under the permit, license
or certificate.
(1) Before revoking any permit, license or certificate, the commissioner shall give written
notice to the persons affected, stating that the revocation of the permit, license or certificate
is being contemplated and giving reasons therefor. The revocation notice shall appoint a
time and place for hearing and shall be mailed by certified mail to the business address of
the permit, license or certificate holder at least ten days before the date set for the hearing.
The commissioner shall review the evidence presented at the hearing prior to issuing his
decision.
(2) At the end of the period of revocation a new permit, license or certificate will not be
issued without the filing of an application, payment of the required fee and compliance with
all conditions that the commissioner shall require for the reissuing of such permit, license or
certificate. e

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.