West Virginia Code § 30-23-26

Hearing and judicial review
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(a) Any person adversely affected by an order entered by the board is entitled to a hearing. A
hearing on a statement of the charges shall be held in accordance with the provisions for
hearings set forth in article one of this chapter and the procedures specified by the board by
rule.
(b) Either party may elect to have an administrative law judge or hearing examiner conduct
the hearing and must notify the other party of the election. The administrative law judge or
hearing examiner, at the conclusion of a hearing, shall prepare a proposed order which shall
contain findings of fact and conclusions of law. Disciplinary actioun may be a part of the
proposed order, or the board may reserve this obligation for its consideration. The board
may accept, reject or modify the decision of the administratitve law judge or hearing
examiner.
(c) For the purpose of conducting a hearing, a member of the board or the executive director
of the board may issue subpoenas and subpoenas dluces tecum which shall be issued, served,
and enforced as specified in section one, articsle five, chapter twenty-nine-a of this code, and
all of the said section one provisions dealing with subpoenas and subpoenas duces tecum
shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing
hereunder. g
(d) If, after a hearing, the board determines the licensee or permittee has violated any
provision of this article, or the board's rules, a formal decision shall be prepared and signed
by a member of the board or the executive director of the board, which contains findings of
fact, conclusions of law and specifically lists the disciplinary actions imposed.
(e) Any licensee or permittee adversely affected by any decision of the board entered after a
hearing, may obtain judicial review of the decision in accordance with section four, article
five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial
revWiew in accordance with article five, chapter twenty-nine-a of this code.
(f) 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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