W. Va. Code R. § 1-1-13 - Refusal to Issue or Renew; Suspension, Revocation of License; Disciplinary Action

Current through Register Vol. XXXIX, No. 11, March 18, 2022

13.1. Authority and grounds for refusal to issue or renew a license or to suspend, revoke and/or fine a licensee. The Board may refuse to issue, refuse to renew, suspend, revoke or limit any license or practice privilege of any licensee, substantial equivalency practitioner or firm and may take disciplinary action against a licensee or substantial equivalency practitioner practicing in this state who, after a hearing held pursuant to W. Va. Code § 30-1-1, et seq., has been adjudged by the Board as unqualified because of any of the following reasons:
13.1.a. Fraud or deceit in obtaining or maintaining a license or substantial equivalency practice privilege;
13.1.b. Cancellation, revocation, suspension or refusal to renew an out-of-state certificate, an out-of-state permit or substantial equivalency practice privilege for disciplinary reasons in any other state for any cause other than failure to pay an annual fee for the renewal of an out-of-state certificate or out-of-state permit in the other state;
13.1.c. Failure by any licensee to maintain compliance with requirement for issuance or renewal of a license or to timely notify the Board as required under W. Va. Code § 30-9-18;
13.1.d. Revocation or suspension of the right of the licensee or substantial equivalency practitioner to practice before any state or federal agency;
13.1.e. Dishonesty, fraud, professional negligence in the performance of services as a licensee or substantial equivalency practitioner or in the filing or failure to file the licensee's or substantial equivalency practitioner's own income tax returns, or a willful departure from accepted standards of professional conduct applicable to licensees and substantial equivalency practitioners;
13.1.f. Violation of any provision of this article, any lawful order of this Board, or any Rule, including the violation of any professional standard or rule of professional conduct;
13.1.g. Conviction of a felony or any crime an element of which is dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state if the underlying act or omission involved would have constituted a crime under the laws of this state;
13.1.h. Performance of any fraudulent act by any licensee or substantial equivalency practitioner;
13.1.i. Any conduct reflecting adversely upon the licensee's or substantial equivalency practitioner's fitness to perform professional services;
13.1.j. Making any false or misleading statement or verification in support of an application for a license filed by another person or firm; or
13.1.k. Engaging in the unlawful practice of law as defined by the West Virginia Supreme Court of Appeals.
13.2. If the Board renders a decision to deny issuance or renewal of a license, or to suspend or revoke a license, or the Board takes disciplinary action, the Board shall determine whether the licensee, substantial equivalency practitioner or firm holds an out-of-state certificate or permit, and, if so, the Board shall notify the Board of Accountancy of the state of issuance of its decision.
13.2.a. The Board shall notify of the decision 30 days from the time the decision becomes final including the final determination of any appeals that may be made.
13.2.b. Upon expiration of the time period set forth in subdivision 13.2.a., the Board shall provide a certified copy of its decision and any decision of a circuit court or the West Virginia Supreme Court of Appeals issued in the matter to the licensee, substantial equivalency practitioner or firm.
13.3. When the Board has suspended, revoked or refused to renew a license or has revoked the practice privileges of a substantial equivalency practitioner, the licensee, firm, or substantial equivalency practitioner against whom the action has been taken shall be afforded an opportunity to demonstrate the qualifications to resume practice or regain licensure.
13.3.a. A request for reinstatement shall be made in writing and directed to the Board. It shall state with specificity the reasons that the applicant believes that he or she is qualified to resume practice or regain licensure. The applicant requesting reinstatement may also request to address the Board at a future Board meeting. The Board may also request a meeting and may require any additional information that it considers necessary to issue a decision.
13.3.b. Upon a determination with regard to the request for reinstatement, the Board shall notify the requesting party of its decision in writing.
13.3.c. The provisions of this subsection are separate and distinct from the 1CSR2 Contested Case Hearing Procedure. A request for reinstatement shall not meet the petition requirements set forth in that rule.

Notes

W. Va. Code R. § 1-1-13

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