State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 30 > 30-10-12

§30-10-12. Hearings; administrative procedures act made applicable; grounds for suspension or revocation of license or disciplinary action.

Whenever the board denies an application for any license or renewal of any license, or suspends or revokes any license, or otherwise disciplines any licensed veterinarian, it shall make and enter an order to that effect and serve a copy thereof on the applicant or licensed veterinarian, as the case may be, at his or her last known address, by certified mail, return receipt requested. The order shall state the grounds for action taken and shall require that any license suspended or revoked thereby shall be returned to the board by the holder within twenty days after receipt of the copy of the order.

Any person adversely affected by any such order is entitled to a hearing thereon as to all issues not excluded from the definition of a "contested case" as set forth in article one, chapter twenty-nine-a of this code if, within twenty days after receipt of a copy thereof, he or she files with the board a written demand for such a hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order placing a licensed veterinarian on probation, suspending or revoking a license or denying an application for a renewal license. The board may require the person demanding the hearing to give reasonable security for the costs thereof and if the person does not substantially prevail at the hearing, such security shall be forfeited or the cost shall be assessed against him or her and may be collected by an action at law or other proper remedy.

Upon receipt of a written demand for a hearing, the board shall set a time and place therefor not less than ten and not more than thirty days thereafter.

All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern any hearing and the administrative procedures in connection with and following the hearing.

Any hearing shall be conducted by a quorum of the board. For the purpose of conducting the hearing, any member of the board may issue subpoenas and subpoenas duces tecum in the name of the board, in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code. All subpoenas and subpoenas duces tecum shall be issued and served within the time and for the fees and shall be enforced, as specified in said section and all of the section one provisions dealing with subpoenas and subpoenas duces tecum apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.

The board may postpone or continue any hearing on its own motion or for good cause shown upon the application of the applicant or licensee, as the case may be. At the hearing the applicant or licensee, as the case may be, has the right to be heard in person and by any attorney at law admitted to practice before any circuit court of this state.

After any hearing and consideration of all the testimony, evidence and record in the case, the board shall render its decision in writing.

The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of the decision and accompanying findings and conclusions shall be served upon the applicant or licensee, as the case may be, and his or her attorney of record, if any.

The decision of the board shall be final unless vacated or modified upon judicial review thereof in accordance with the provisions of section thirteen of this article.