W. Va. Code R. § 64-54-15 - Administrative Due Process

15.1. Before revoking or suspending a hospice license, the Director shall serve the licensee with written notice of the grounds of the complaint, and the procedure for challenging the allegation.

15.1.a. The notice shall be sent by certified mail to the licensee at the address where the hospice is located.

15.2. All formal hearings shall be governed by W. Va. Code § 29A-5-1, . and "Rules of Procedure for Contested Case Hearings and Declaratory Rulings" 64CSR1, (1981), and "Rules for Hearings Under the Administrative Procedures Act" 69CSR1, ., (1990). These rules of procedure are incorporated in this rule by reference.

15.3. If the license is revoked as a result of these proceedings, the Director may consider a new application for a license if the conditions upon which the revocation is based have been corrected and adequate proof of the correction is furnished.

15.3.a. The Director shall issue a new license upon inspection of the hospice if all provisions of the article and rules promulgated have been satisfied.

15.4. Any applicant or licensee aggrieved by the decision of the Secretary may, within thirty (30) days after receiving the final administrative order, appeal to the Circuit Court of Kanawha County for judicial review of that decision as promulgated in W. Va. Code 29A-5-4.

15.5. The court may affirm, modify or reverse the decision of the Secretary and either party may appeal the court's decision to the Supreme Court of Appeals of West Virginia as promulgated in W. Va. Code 29A-5-4.

Notes

W. Va. Code R. § 64-54-15