West Virginia Code of State Rules › Agency 5 - Dentistry, WV Board of › Title 5 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF DENTISTRY › Series 5-01 - Rule for the West Virginia Board of Dental Examiners › Section 5-1-4 - Suspension or revocation of a license

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Board Meeting. Prior to the suspension
				or revocation of a license, a majority of the Board shall meet with a quorum
				voting for revocation or suspension of the license.
4.2. Notice. The Board shall notify the
				licensee concerning a revocation or suspension at least thirty (30) days prior
				to the hearing. The notice shall contain grounds for the revocation or
				suspension and notify the licensee that he or she may appear with witnesses and
				be heard in person, by counsel, or by both. The notice shall also contain the
				time and place of the hearing concerning the suspension or revocation. The
				notice shall also contain a statement informing the licensee that the Board
				will receive any evidence the licensee may wish to offer, that the licensee
				will be given the opportunity to cross-examine any witnesses appearing before
				the Board, and that the Board will receive any statement the licensee may
				desire to make to them.
4.3.
				Publicity. The Board shall give no advance publicity prior to the hearing,
				during the hearing or prior to its decision concerning a licensee's suspension
				or revocation of a license.
4.4.
				Service of Notice. The Board may serve notice by delivering a copy of the
				notice in writing to the party in person; or if he or she cannot be found, by
				delivering the copy at his or her usual place of abode, and giving information
				of its purport, to the spouse, or to any other person found there who is a
				member of the licensee's family and above the age of sixteen years; or if
				neither the spouse nor any other person is found there, and the licensee is not
				found, leaving the copy posted at the front door of the place of abode. Any
				sheriff or constable shall serve a notice within his or her county and make
				return of the manner and time of service; for a failure to do so he or she
				shall forfeit twenty dollars. The return, or a similar return by any other
				person who verified it by affidavit, is evidence of the manner and time of
				service.
4.5. Service by
				Publication. Any notice to a person not residing in this State may be served by
				the publication of the notice once a week for three successive weeks in a
				newspaper published in this State.
4.6. Hearing. The Board may compel the
				attendance of witnesses and administer oaths. A stenographic report of a
				proceeding to suspend or revoke a license shall be made at the expense of the
				Board and a transcript of the hearing retained in the Board's file. The Board
				shall make a written report of its findings, which constitute part of the
				record and a copy of the findings shall be filed with the Secretary of
				State.
4.7. Review by Circuit Court
				and Supreme Court of Board's Decision on Suspension and Revocation of License.
				A person having his or her license suspended or revoked may, within thirty days
				after the decision of the Board, present a petition in writing to the circuit
				court of the county in which the person resides, or to the judge of the court
				in vacation, praying for the review and reversal of the decision. Before
				presenting his or her petition to the court or judge, the petitioner shall mail
				copies of the petition to the president and secretary, respectively, of the
				Board. Upon receipt of the copy, the secretary shall immediately transmit to
				the clerk of the court the record of the proceedings before the Board. The
				court or judge shall fix a time for the review of the proceedings at his or her
				earliest convenience. Notice in writing of the time and place of the hearing
				shall be given to the president and secretary of the Board at least ten days
				before the date set for the hearing. The court or judge shall, without a jury,
				hear and determine the case upon the record of the proceedings before the
				Board. The court or judge may enter an order affirming, revising, or reversing
				the decision of the Board if it appears that the decision was clearly wrong.
				Prior to the entry of the order, the court shall not enter an order to stay or
				supersede any suspension, revocation or cancellation of any certificate,
				license, registration or authority. The judgement of the Circuit Court may be
				reviewed upon appeal in the Supreme Court of Appeals.