West Virginia Code § 30-35-11

Procedures for hearing
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(a) Whenever the board denies an application for any original or renewal license or denies
an application for a license or suspends or revokes any license, it shall make an interim
order to that effect and serve a copy thereof on the applicant or licensee by certified mail,
return receipt requested. Such order shall state the grounds for the action taken and shall
require that any license or temporary permit suspended or revoked therebye be returned to
the board by the holder within twenty days after receipt of the copy of such order.
(b) Any person adversely affected by any such order is entitled to a hearing thereon pursuant
to the provisions of article five, chapter twenty-nine-a of this codue if, within twenty days after
receipt of a copy of the order, he or she files with the board a written demand for such
hearing. A demand for hearing shall operate automatically tot stay or suspend the execution
of any order. The board may require the person demanding such hearing to give reasonable
security for the cost of the hearing. If such person does not substantially prevail at the
hearing, the costs therefor shall be assessed against him or her and may be collected by civil
action or other proper remedy.
(c) Upon a receipt of a written demand for a hearing, the board shall set a time and place
therefor not less than ten and not more than thirty days thereafter. Any scheduled hearing
may be continued by the board upong its own motion or for good cause shown by the person
demanding the hearing.
(d) The provisions of article five, chapter twenty-nine-a of this code apply to and govern the
hearing and administrative procedures in connection therewith.
(e) All administrative hearings shall be conducted by a quorum of the board. For the purpose
of conducting any such hearing any member of the board may issue subpoenas and
subpoenas duces tecum which shall be issued and served pursuant to the provisions of
section one, article five, chapter twenty-nine-a of this code.
(f) At any hearing the person who demanded the same may represent himself or herself or be
represented by an attorney admitted to practice in this state.
(g) After any such hearing and consideration of all testimony, evidence and record in the
case, the board shall render its decision in writing. The written decision of the board shall be
accompanied by findings of fact and conclusions of law as specified in section three, article
five, chapter twenty-nine-a of this code. A copy of such decision and accompanying findings
and conclusions shall be served by certified mail, return receipt requested, upon the person
demanding such hearing, and the attorney of record.
(h) The decision of the board is final unless reversed, vacated or modified upon judicial
review thereof in accordance with the provisions of section twelve of this article.

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