West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-2 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. 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 a basis for the relief
				request.
2.2. When the Chairman or
				his authorized designee is presented with a demand for a hearing as described
				in subsection (1) of this rule, he shall schedule a hearing within forty-five
				(45) days of receipt by him of such written demand unless postponed to a later
				date by mutual agreement. However, if the chairman or his designee shall
				determine that the hearing demanded would either involve an exercise of
				authority in excess of that available to him under law, or would serve no
				useful purpose, he shall, within forty-five (45) days of receipt of such
				demand, enter an order refusing to grant the hearing as requested,
				incorporating therein his reason(s) for such refusal. Appeal may be taken from
				such order as provided by W. Va. Code '29A-5-4.
2.3. Charges may be instituted against any
				chiropractic physician by the Board and shall be noted in the official minutes
				of the Board. Charges may be based upon information indicating that there are
				reasonable causes for believing that said chiropractic physician may have
				engaged in such conduct or be in such condition that his license should be
				placed on probation or limited or restricted, or have his license suspended or
				revoked for one or more of the grounds set forth in the Chiropractic Practice
				Act, or these regulations.
2.4.
				Upon the receipt of a demand for a hearing as described in subsection (a) of
				this rule, or where a hearing is otherwise required, the Chairman or his
				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 regulations promulgated by the Board with Notice of Hearing (assuming an
				order has not been entered denying a hearing as provided in subsection (b) of
				this Rule). 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:
a. The date, time and place of
				the hearing;
b. A short plain
				statement of the matters asserted or charged;
c. A statement of intention to appoint a
				hearing examiner.
The compliant shall be issued in the name of the Board as an
				  agency of the State of West Virginia and designate the Board as "Petitioner"
				  and shall designate the chiropractic physician 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 counsel, at
				  least fifteen (15) days prior to the hearing date.