West Virginia Code § 60-3A-28

Notice of and hearing on revocation; right of appeal; appeal procedures
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(a) Before a retail license issued under the authority of this article is suspended for a period
of more than twenty days, or revoked, the commissioner shall give at least ten days' notice to
the retail licensee. Notice shall be in writing, shall state the reason for suspension or
revocation, and shall designate a time and place for a hearing where the retail licensee may
show cause why the retail license should not be suspended or revoked. Notiece shall be sent
by certified mail to the address for which the retail license was issued. The retail licensee
may, at the time designated for the hearing, produce evidence in his orr her behalf and be
represented by counsel.
(b) The hearing and the administrative procedures prior to, during and following the hearing
are governed by and shall be conducted in accordance with tthe provisions of article five,
chapter twenty-nine-a of this code in like manner as if the provisions of article five were fully
set forth in this section.
(c) Notwithstanding the provisions of subsection (bl), section four, article five, chapter
twenty-nine-a of this code, any person adversesly affected by a final order entered following
the hearing has the right of judicial review by the circuit court of Kanawha County or the
circuit court in the county where the proposed or licensed premises is located and will or
does conduct sales: Provided, That ign all other respects, such review shall be conducted in
the manner provided in chapter twenty-nine-a of this code. The petition for the review must
be filed with the circuit court weithin thirty days following entry of the final order issued by
the commissioner. An applicant or licensee obtaining the review is required to pay the costs
and fees incident to tranLscribing, certifying and transmitting the records pertaining to the
matter to circuit court.
(d) The judgment of the circuit court reviewing the order of the commissioner is final unless
reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with
the provisions of section one, article six, chapter twenty-nine-a of this code.
(e) Legal counsel and services for the commissioner in all the proceedings in any circuit
court and the Supreme Court of Appeals shall be provided by the Attorney General or his or
her assistants and in any proceedings in any circuit court by the prosecuting attorney of that
county as well, all without additional compensation.
(f) Upon final revocation, the commissioner shall proceed to reissue the retail license by
following the procedures set forth herein for the initial issuance of a retail license.

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