West Virginia Code of State Rules
Agency 20 - Sanitarians
Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS
Series 20-02 - Procedure For The Investigation And Resolution Of Complaints
Section 20-2-7 - Disposition of Complaints

Universal Citation: 20 WV Code of State Rules 20-2-7

Current through Register Vol. XLI, No. 38, September 20, 2024

7.1. At any time during the investigation and resolution of a complaint, the board may dismiss the complaint if it determines that there is not sufficient evidence to warrant further proceedings, or that the complaint fails to demonstrate that the respondent violated W. Va. Code ''30-1-8 or 30-17-12.

7.1.a. If the board has assigned investigation of the complaint to an ethics investigator or to a committee, the board may not dismiss the complaint until the ethics investigator or the committee has filed a written report of their findings and recommendations with the board.

7.1.b. The board shall advise the respondent and the complainant in writing by certified mail if the complaint is dismissed.

7.2. Pursuant to W. Va. Code ''30-1-8 and 30-17-12, if the board determines that the charges are true based upon the record of hearings conducted in accordance with this rule, the board may:

7.2.a. Suspend or revoke the respondent=s certificate of registration;

7.2.b. Enter into consent decrees, reprimand, enter into probation orders, or levy fines not to exceed one thousand dollars per day per violation, or any of these, singly or in combination; or

7.2.c. Assess administrative costs.

7.3. In accordance with ''30-1-5(c) and 30-17-15, the board may apply to any court having equity powers, or to the judge thereof in vacation, for an injunction to restrain any violation of the provisions of ''30-1-1 et seq and 30-17-1 et seq.

7.4. In accordance with ' 30-1-8 and section 8 of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings,@ the board may hold conferences at any time prior to a hearing or thereafter to:

7.4.a. Dispose of procedural requests or similar matters;

7.4.b. Simplify or settle issues by consent of the parties; or

7.4.c. Provide for the informal disposition of complaints by stipulation, agreed settlement, or consent order.

7.5. In accordance with W. Va. Code '30-1-8(d), the board may suspend its decision and place on probation a respondent found by the board to be in violation of W. Va. Code ''30-1-8 and 30-17-12.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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