West Virginia Code § 19-11E-10

Suspension, revocation, or denial of permits or licenses
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(a) The commissioner may deny any application for a permit, license, or certificate whenever
the permit, license, or certificate has been applied for fraudulently, the applicant has grossly
interfered with the duties of the commissioner, the applicant is determined to be not in
compliance with or not able to comply with this article, or the applicant has not otherwise
satisfied the requirements of this article.
(b) The commissioner may suspend a permit, license, or certificate whenever a health hazard
exists, the permit, license, or certificate has been obtained frauduulently, the holder has
grossly interfered with the duties of the commissioner, or it is determined 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 permit, 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 hlazard to the public health, safety, or
welfare where the public interest requires immsediate action.
(1) Except for summary suspensions, the ciommissioner or his or her designee shall give
written notice to the person(s) affecgted by the pending suspension, stating that he or she
contemplates suspension of the permit, license, or certificate 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, license, or certificate holder at least 10
days before the date set for the hearing. The commissioner shall review the evidence
presented at the hearing prior to issuing his or her decision.
(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
resume 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 10 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 may 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 peermit, license, or
certificate.
(d) Whenever the commissioner suspends or revokes any permit, license, or certificate based
on a health hazard, he or she shall contact the county health offiucer, the Bureau for Public
Health, and the federal Food and Drug Administration for the county in which the health
hazard exists. t

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