West Virginia Code of State Rules
Agency 4 - Chiropractic Examiners
Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS
Series 4-01 - Regulation of Chiropractic Practice
Section 4-1-12 - Investigation and Formal Hearings

Universal Citation: 4 WV Code of State Rules 4-1-12

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

1-12.1. Upon receipt of a complaint or report, or knowledge of a violation in W, Va. Code § 30-16-1 et seq. or the rules of the Board, the Board may initiate an investigation to determine whether probable cause exists to substantiate charges. The Board shall give initial notice to the licensee which shall include:

1-12.1.a. Notice that the Board has received a complaint, report, or knowledge of a possible act of misconduct;

1-12.1.b. The name of the complainant and a simple statement of the allegations which form the basis of the complaint; and

1-12.1.c. A request for a written response from the licensee.

1-12.2. The Board may form an investigative committee, composed of p6rson(s) designated by the Board to conduct the probable cause inquiry.

1-12.2.a. The full Board shall be screened from any knowledge of complaint and identities of the licensee during the investigative procedure.

1-12.2.b. Board members who have any involvement with the case before charges are brought shall not participate in the final adjudication of the case.

1-12.2.c. After the investigation, the investigative committee shall make a recommendation to the Board which may accept or reject the investigative committee's recommended action.

1-12.3. At the conclusion of the investigatory process, if the Board finds probable cause that a violation of the statute, rules, or ethical standards governing the practice of chiropractic has occurred the Board may initiate a formal hearing.

1-12.4. All contested hearings shall be held pursuant to the procedures outlined in W. Va. Code § 29A-5-l,etseq.

1-12.5. The Board shall send notice of the disciplinary hearing to all parties at least 30 days prior to the hearing. The notice shall cite the specific rules, and laws which form the basis of the complaint.

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