West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-17 - Syringe Services Program Licensure
Section 69-17-15 - Administrative Due Process
Universal Citation: 69 WV Code of State Rules 69-17-15
Current through Register Vol. XLI, No. 38, September 20, 2024
15.1. Before any syringe services program license is denied, suspended, penalized, or revoked, written notice shall be given to the program administrator of the syringe services program, stating the grounds of the denial, suspension, penalty, or revocation and the date set for any enforcement action and the location to which it applies. The notice shall also include the remedial measures the syringe services program shall take, if any, to consider reinstatement or removal of suspension of the license and the due process rights of the syringe services program.
15.1.1. The notice shall be sent by certified
mail to the program administrator at the address where the syringe services
program concerned is located.
15.1.2. Within 30 days of receipt of the
notice, the owner or program administrator may submit a request for an
administrative hearing to address and resolve the findings.
15.1.3. The syringe services program and its
owner shall be entitled to be represented by legal counsel at the
administrative hearing at their own expense.
15.1.4. All of the pertinent provisions of W.
Va. Code §§
29A-5-1,
et seq., and 69CSR1, shall apply to and govern any hearing
authorized by this rule.
15.1.5. If
an owner fails to request an administrative hearing within the time frame
specified, he or she shall be subject to the full penalty imposed.
15.1.6. The filing of a request for an
administrative hearing does not stay or supersede enforcement of the final
decision or order of the Director. The Director may, upon good cause shown,
stay such enforcement.
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