West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-10 - Notices of Hearing; Service of Notices of Hearing; Cease and Desist Order Hearings; Disciplinary Hearings; Contested Case Hearings; Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board
				shall hold a hearing during its regularly scheduled meeting, or during a
				special or an emergency meeting, on all cease and desist orders issued by the
				Board, shall vote on whether to affirm or rescind the cease and desist order,
				and shall vote on the amount of the penalty to be imposed, if any.
10.1.1. The Board shall issue a written
				notice of hearing to each person who has been issued a cease and desist order
				at least 10 days prior to the date of the hearing.
10.1.2. The Board shall cause the notice of
				hearing to be served by certified mail, by email, delivery receipt requested,
				or by personal service.
10.1.2.a. When the
				notice of hearing is mailed by certified mail, verification of delivery to the
				employer through the United States Postal Service website constitutes proper
				notice.
10.1.2.b. When the notice
				of hearing is transmitted to the employer by email, documentation of the
				email's delivery receipt constitutes proper notice.
10.1.2.c. When the notice of hearing is by
				personal delivery to the employer, an affidavit of service completed by the
				individual making the delivery constitutes proper notice. The affidavit of
				service shall be signed by the individual making the delivery, shall identify
				by name the person to whom the notice was given, and shall state the time and
				place where notice was given.
10.1.3. Upon receipt of a notice of hearing,
				a person may request a continuance in writing prior to the scheduled time and
				date of the hearing and must state the reason for the requested continuance.
				The Board may grant the continuance for good cause shown and shall provide the
				person with a written or verbal decision regarding the requested
				continuance.
10.1.4. A person who
				has been issued a cease and desist order has a right to attend the hearing in
				person, to be represented by an attorney at law licensed to practice in West
				Virginia, or to submit a written response to the Board for its
				consideration.
10.1.5. Provided
				that the person to whom a cease and desist order has been issued receives
				proper notice of the hearing, the person's failure to attend the hearing does
				not preclude the Board from taking action on the cease and desist
				order.
10.1.6. After a hearing on a
				cease and desist order, the Board may issue an advisory letter or may assess a
				monetary penalty.
10.1.7. In
				considering whether to assess a monetary penalty and the amount of the penalty,
				the Board may consider whether a person has been previously issued a cease and
				desist order, whether the cease and desist order was issued based on a
				complaint from a consumer, or any other facts and circumstances that the Board
				considers relevant.
10.1.8. The
				Board shall issue a written order setting forth its decision on the cease and
				desist order.
10.1.9. Within 30
				days of receipt of the Board's order, a person adversely affected by the order
				may file an appeal to the Circuit Court of Kanawha County or in the circuit
				court of the county in which the person resides or does business.