2005 West Virginia Code - §30-31-10. — Procedures for hearing.

§30-31-10. Procedures for hearing.

(a) Whenever the board denies an application for any license or renewal of any license or suspends or revokes any license or places any licensed professional counselor on probation, it shall make and enter an order to that effect and serve a copy thereof on the applicant or licensed professional counselor, as the case may be, at his or her last known address, by certified mail, return receipt requested. The order shall state the grounds for the action taken and shall require that any license suspended or revoked thereby shall be returned to the board by the holder within twenty days after receipt of the copy of the order.
(b) Any person adversely affected by any such order is entitled to a hearing thereon (as to all issues not excluded from the definition of a "contested case" as set forth in section one, article one, chapter twenty-nine-a of this code) if, within twenty days after receipt of a copy thereof, he or she files with the board a written demand for a hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order placing a licensed professional counselor on probation, suspending or revoking a license or denying an application for a renewal license. The board may require the person demanding the hearing to give reasonable security for the costs thereof and if the person does not substantially prevail at the hearing, such security shall be forfeited or the costs shall be assessed against him or her and may be collected by an action at law or other proper remedy.
(c) Upon 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 upon its own motion or for good cause shown by the person demanding the hearing.
(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code apply to and govern the hearing and the administrative procedures in connection with and following the hearing, with like effect as if the provisions of said article five were set forth in this section.
(e) Any such hearing shall be conducted by a quorum of the board. For the purpose of conducting any such hearing, any member of the board has the power and authority to issue subpoenas and subpoenas duces tecum which shall be issued and served within the time, for the fees and shall be enforced, as specified in section one, article five of chapter twenty-nine-a of this code and all of the provisions of said section one dealing with subpoenas and subpoenas duces tecum apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.
(f) At any such hearing the person who demanded the same may represent himself or herself or be represented by an attorney licensed to practice law in this state. Upon request by the board, it shall be represented at any such hearing by the attorney general or his or her assistants without additional compensation.
(g) After any such hearing and consideration of all of the 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 the decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the person demanding the hearing, and his or her attorney of record, if any.
(h) The decision of the board is final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section eleven of this article.