West Virginia Code § 48-26-402

Requirements, qualifications and terms of licensure; collaboration to
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assist programs.
(a) No domestic violence program, batterer intervention and prevention program or
monitored parenting and exchange program may represent that it is licensed unless it is
licensed by the board pursuant to the provisions of this article and the legislative rules
promulgated pursuant to this article. e
(b) The board shall establish preliminary application and full application forms for the initial
licensing of domestic violence programs, batterer intervention and prevention programs and
monitored parenting and exchange programs. u
(1) To meet basic eligibility requirements an applicant for licensure must complete a
preliminary application form to demonstrate local need for the proposed service, method of
governance and accountability, administrative and programmatic design, and fiscal
efficiency. The board shall respond in writing within sixty days of receipt of the preliminary
application; l
(2) If the board approves the preliminary application, the applicant may complete a full
application form; i
(3) The board shall determine whether all documentation set forth on the licensure checklist
has been submitted, and may request supplemental or clarifying information or
documentation; and
(4) The board shall grant or deny a license within sixty days of the receipt of the completed
full application form and all supplemental or clarifying information or documentation
requested by the boa rd.
(c) Licenses may be granted or renewed for periods not to exceed three years: Provided,
That the board may conduct licensure reviews at any time during the licensure period, and
may downgrade, suspend or revoke a license in accordance with the provisions of this
article.
(d) The license granted by the board shall be prominently displayed by the licensees.
(e) The board may grant a provisional license for up to one hundred and eighty days, to a
program that is not in compliance with non-life threatening safety, programmatic, facility or
administrative standards. A provisional license may be extended for up to an additional one
hundred and eighty days, if the board, in its sole discretion, determines that the program is
making active progress toward compliance.
(f) The board may grant a conditional license for up to ninety days to a program that has
violations of safety or accountability standards that may threaten the health, well-being or
safety of its participants or staff, or the responsible operation of the program, or that have a
history or pattern of noncompliance with established standards. If a program does not
correct the violations within the conditional license period, the board may institute closure
proceedings.
(g) The Department of Human Services, the Division of Justice and Community Services, the
Family Protection Services Board, the WV Coalition Against Domestic Violence, the West
Virginia Supreme Court of Appeals and the Division of Corrections may, collectively or in any
combination as appropriate to the program, collaborate to provide technicale assistance to
prevent and resolve deficiencies in a program's ability to meet the standards to operate and
maintain licensure. r
(h) If the board obtains information that a person or persons hasu engaged in, is engaging in
or is about to engage in an act that constitutes or will constitute a violation of the provisions
of this article or the legislative rules promulgated pursuant tto this article, it may issue a
notice to the person or persons to cease and desist the act, or apply to the circuit court for
an order enjoining the act. Upon a showing that the person has engaged, is engaging or is
about to engage in such an act, the court may order an injunction, restraining order or other
order as the court considers appropriate.

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