West Virginia Code § 19-11B-11

Suspension, revocation or denial of permits
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(a) The commissioner may deny any application for a permit whenever said permit 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.
(b) The commissioner may suspend a permit whenever a health hazard exists or is believed
to exist, said permit has been obtained fraudulently, the holder has grossly interfered with
the duties of the commissioner or it is determined that the permit holder is dishonest,
deceitful, incompetent or not in compliance with or is unable to cuomply with the provisions
of this article. Any person whose permit has been suspended shall immediately discontinue
all operations covered under the permit. The commissioner mtay 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 commissiolner shall give written notice to the
persons affected of the pending suspension, sstating that suspension of the permit is being
contemplated 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 permit
holder at least ten days before the dgate set for the hearing. The commissioner shall review
the evidence presented at the hearing prior to issuing his decision.
(2) All summary suspensions shall be followed by a notice of suspension, the reasons for the
suspension and an opportunity for a hearing in accordance with the provisions of this article.
(3) At the end of the period of suspension, the permit holder may resume operations without
reapplication for a permit.
(c) The commissioner may revoke any permit issued under this article whenever a health
hazard exists, the permit 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person whose permit has been revoked shall immediately discontinue all operations covered
under the permit.
(1) Before revoking any permit, the commissioner shall give written notice to the persons
affected, stating that revocation of the permit is being contemplated and giving reasons for
the revocation. 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 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, the permit will not be issued without an
application, payment of the required fee and compliance with all conditions that the
commissioner shall require for the reissuing of such permit.

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