West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-03 - Board Organization And Meeting Procedure; Complaint And Contested Case Hearing Procedures › Section 11-3-11 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any party who
				demands a hearing to have determined any constitutional rights, legal rights,
				duties, interests or privileges of specific parties as required by law shall
				specify in writing the grounds relied upon as basis for the relief
				requested.
11.2. When the President
				or his or her authorized designee is presented with a demand for a hearing as
				described in Subsection 11.1 of this section, he or she shall schedule a
				hearing within forty-five (45) days of receipt by him or her of such written
				demand, unless postponed to a later date by mutual agreement. However, if the
				President or his or her designee shall determine that the hearing demanded
				would either involve an exercise of authority in excess of that available to
				him or her under law, or would serve no useful purpose, the President shall,
				within forty-five (45) days of receipt of such demand, enter an order refusing
				to grant the hearing as requested, incorporating therein the reason(s) for such
				refusal. Appeal may be taken from such order as provided in W. Va. Code §
									29A-5-4.
11.3. Charges may be instituted in a
				complaint against any physician, podiatrist, or physician assistant by the
				Board and shall be noted in the official minutes of the Board. Charges may be
				based upon information indicating that there is probable cause for believing
				that said physician, podiatrist, or physician assistant may have engaged in
				such conduct or be in such condition that his or her license may be disciplined
				for one or more grounds set forth in the Medical Practice Act or its
				implementing rules.
11.4. Upon the
				receipt of a demand for a hearing as described in Subsection 11.1 of this
				section, or where a hearing is otherwise required, the President or his or her
				designee shall as soon thereafter as possible provide the party making such
				demand and the party charged with a violation of licensing provisions of the
				law or rules promulgated by the Board, with a notice of hearing (assuming the
				President has not entered an order denying a hearing as provided in Subsection
				11.2 of this section.) Said notice shall be served upon the respondent at least
				thirty (30) days prior to the hearing date. Said notice shall contain the
				following information:
11.4.a. The date, time
				and place of the hearing;
11.4.b. A
				short plain statement of the matters asserted or charged, as set forth in the
				complaint; and
11.4.c. A statement
				of intention to appoint a hearing examiner.
Where charges are instituted, the complaint shall be issued
				  in the name of the Board as an agency of the state and designate the Board as
				  "Petitioner" and shall designate the physician, podiatrist, or physician
				  assistant being proceeded against as "Respondent." The petitioner shall set out
				  the substance of each offense charged with sufficient particularity to
				  reasonably apprise the respondent of the nature, time and place of the conduct
				  or condition complained of therein. The Board may amend the complaint as it
				  deems proper.
Upon proper motion, a more definite statement of the matters
				  asserted or charged shall be provided to the respondent or his or her counsel,
				  at least fifteen (15) days prior to the hearing date.