West Virginia Code § 30-27-20

Complaints; investigations; due process procedure; grounds for
Open in Lexace · Ask the AI about this section
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 of the board.
(b) Upon initiation or receipt of the complaint, the board shall provide a copy of the
complaint to the licensee, permittee, registrant or certificate holder.
(c) After reviewing any information obtained through an investiguation, the board shall
determine if probable cause exists that the licensee, permittee, registrant or certificate
holder 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, permittee, registrant or
certificate holder has violated subsection (g) of thisl section or rules promulgated pursuant to
this article, the board may enter into a consenst decree or hold a hearing for the suspension
or revocation of the license, permit, registration or certification or the imposition of
sanctions against the licensee, permittee, iregistrant or certificate holder. Any hearing shall
be held in accordance with the provgisions of this article.
(e) Any member of the board or the executive director 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 director may sign a consent decree or other
legal document on be half of the board.
(g) The board may, after notice and opportunity for hearing, deny or refuse to renew,
suspend or revoke the license, permit, registration or certification of, impose probationary
conditions upon or take disciplinary action against, any licensee, permittee, registrant or
certificate holder for any of the following reasons once a violation has been proven by a
preponderance of the evidence:
(1) Obtaining a license, permit, registration or certification 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 15, 2009, disciplinary
action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 per day per violation;
(4) Mandatory attendance at continuing education seminars or other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permitteeg, registrant or certificate holder to report to the board
for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be necessary to protect the public,
including advising other parties whose legitimate interests may be at risk.

‹ 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.