§ 30-40-21 — Hearings; judicial review; cost of proceedings

West Virginia § 30-40-21

• Jurisdiction: West Virginia
• Ch. 30: PROFESSIONS AND OCCUPATIONS
• Art. 40: WEST VIRGINIA REAL ESTATE LICENSE ACT

Text

(a) Hearings shall be conducted in accordance with the provisions of §29A-5-1et seq. of this code and the commission’s rules.

(b) Hearings shall be held at a time and place determined by the commission, but in no event less than 30 days after the notice of hearing is given.

(c) Any member has the authority to administer oaths and to examine any person under oath.

(d) If, after hearing, the commission determines the licensee has violated any provision of this article, or the commission’s rules, a formal decision shall be prepared which contains findings of fact, conclusions of law, and specifically lists the disciplinary actions imposed.

(e) The commission may elect to have an administrative law judge or hearing examiner conduct the hearing. If the commission makes this election, the administrative law judge or hearing examiner, at the conclusion of a hearing, shall prepare a proposed order which shall contain findings of fact and conclusions of law. The commission may request that disciplinary actions imposed be a part of the proposed order, or the commission may reserve this obligation for its consideration. The commission may accept, reject, or modify the decision of the administrative law judge or hearing examiner.

(f) Any person adversely affected by any decision or final order made by the commission, after a hearing, is entitled to judicial review pursuant to the provisions of §29A-5-4 of this code.

(g) In addition to any other sanction imposed, the commission may require a licensee to pay the costs of the proceeding.

Legislative History

2023 Reg. Sess., SB249; 2023 Reg. Sess., HB3203; 2022 Reg. Sess., SB685; 2020 Reg. Sess., HB4011; 2019 Reg. Sess., HB2951; 2002 Reg. Sess., SB453