West Virginia Code § 30-20-19

Complaints; investigations; due process procedure; grounds for
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disciplinary action.
(a) The board may upon its own motion based on credible information, and shall upon the
written complaint of any person, cause an investigation to be made to determine whether
grounds exist for disciplinary action under this article or the legislative rules promulgated
pursuant to this article. e
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the
complaint to the licensee or permittee.
(c) After reviewing any information obtained through an investigation, the board shall
determine if probable cause exists that the licensee or permittee has violated subsection (g)
of this section or rules promulgated pursuant to this article.
(d) Upon a finding that probable cause exists that the licensee or permittee has violated
subsection (g) of this section or rules promulgated lpursuant to this article, the board may
enter into a consent decree or hold a hearing sfor the suspension or revocation of the license
or permit or the imposition of sanctions against the licensee or permittee. Any hearing shall
be held in accordance with the provisions iof this article.
(e) Any member of the board or the executive secretary of the board may issue subpoenas
and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of
allegations against any person regulated by the article.
(f) Any member of the board or its executive secretary may sign a consent decree or other
legal document on behalf of the board.
(g) The boardV may, after notice and opportunity for hearing, deny or refuse to renew,
suspend, restrict or revoke the license or permit of, or impose probationary conditions upon
or take disciplinary action against, any licensee or permittee for any of the following reasons
once a violation has been proven by a preponderance of the evidence:
(1) Obtaining a license or permit by fraud, misrepresentation or concealment of material
facts;
(2) Being convicted of a felony or other crime involving moral turpitude;
(3) Being guilty of unprofessional conduct which placed the public at risk, as defined by
legislative rule of the board;
(4) Intentional violation of a lawful order or legislative rule of the board;
(5) Having had a license or other authorization revoked or suspended, other disciplinary
action taken, or an application for licensure or other authorization revoked or suspended by
the proper authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act while acting in a professional capacity which has endangered or is
likely to endanger the health, welfare or safety of the public.
(h) For the purposes of subsection (g) of this section, effective July 1, 2010, disciplinary
action may include:
(1) Reprimand;
(2) Probation;
(3) Restrictions;
(4) Administrative fine, not to exceed $1,000 per day per violation;
(5) Mandatory attendance at continuing education seminars or other training;
(6) Practicing under supervision or other restrsiction; or
(7) Requiring the licensee or permittee to report to the board for periodic interviews for a
specified period of time. g
(i) In addition to any other sanction imposed, the board may require a licensee or permittee
to pay the costs of the proceeding.

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