W. Va. Code R. § 142-8-6 - Second Or Subsequent Examinations

6.1. When the Department has reason to believe that a holder of a certificate of authority or a licensee employed by a certificate holder is violating the provisions of the Preneed Burial Contracts Act or this rule, and an initial examination has already been conducted for such holder during the reporting year, the Department may petition the Circuit Court of Kanawha County or the circuit court of the county wherein such holder of a certificate of authority does business for permission to conduct a second or subsequent examination. Such court, if it concludes that the Department's determination is not clearly erroneous, shall order an examination of the records or compel the examination of any interested person under oath. The proceedings on such a petition shall be adversary, with notice to all interested parties.

6.2. In addition to an examination fee, up to a maximum of five hundred dollars ($500.00) as fixed by the Department pursuant to W. Va. Code '47-14-3(i)(3), and an hourly charge, based on the examiner's salary, for the time spent in conducting the examination, the following expenses shall be assessed:

6.2.1. Travel expenses assessed at the mileage permitted by the state in using personal automobiles for travel on state business or the expenses incurred by the Department in securing a vehicle from the Department of Finance and Administration Motor Pool, or other actual expenses incurred in such travel for securing transportation;

6.2.2. Hotel or lodging expenses as necessary for any examination;

6.2.3. Meals and other services as permitted by travel regulations of the Department or the state;

6.2.4. Any other reasonable and necessary expenses incurred as a result of the examination, including, but not limited to: printing, photocopying, long distance telephone tolls, access fees, equipment rental expenses or fees of a court reporter or stenographer for transcribing or reproducing statements or testimony.

6.3. The provisions of this rule are in addition to the investigative powers of the Department as provided in W. Va. Code '46A-7-111 and are not intended to diminish or qualify such powers.

Notes

W. Va. Code R. § 142-8-6