West Virginia Code
Article 4C. Emergency Medical Services Act
§16-4C-10. Procedures for Hearing; Right of Appeal; Judicial Review

(a) Hearings are governed by the provisions of article five, chapter twenty-nine a of this code.
(b) The commissioner or director may conduct the hearing or elect to have an Administrative Law Judge conduct the hearing.
(c) If the hearing is conducted by an Administrative Law Judge, the Administrative Law Judge shall prepare a proposed written order at the conclusion of a hearing containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the commissioner or director so directs. The commissioner may accept, reject or modify the decision of the Administrative Law Judge.
(d) The commissioner or director has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the commissioner or director determines the licensee or holder of a certificate has violated any provision of this article or the legislative rules promulgated pursuant to this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
(f) The order of the Commissioner or director is final unless vacated or modified upon judicial review.
(g) Any licensee or certificate holder adversely affected by a final order made and entered by the commissioner or director is entitled to judicial review. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern the review with like effect as if the provisions of the section were set forth herein.
(h) The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.

Structure West Virginia Code

West Virginia Code

Chapter 16. Public Health

Article 4C. Emergency Medical Services Act

§16-4C-1. Short Title

§16-4C-2. Purposes of Article

§16-4C-3. Definitions

§16-4C-4. Office of Emergency Medical Services Created; Requiring Appointment of a Director of the Office of Emergency Medical Services; Staffing

§16-4C-5. Emergency Medical Services Advisory Council; Duties; Composition; Appointment; Meetings; Compensation and Expenses

§16-4C-6. Powers and Duties of Commissioner

§16-4C-6a. Emergency Medical Services Agency Licensure

§16-4C-6b. Establishment of Emergency Medical Services Agency Licensure Fund; Authorized Expenditures; Annual Report

§16-4C-7. Vehicles, Aircraft and Persons Aboard Them Exempted From Requirements of Article

§16-4C-8. Standards for Emergency Medical Services Personnel

§16-4C-8a. Courtesy Certification of Emergency Medical Services Personnel in Surrounding States

§16-4C-9. Complaints; Investigations; Due Process Procedure; Grounds for Disciplinary Action

§16-4C-10. Procedures for Hearing; Right of Appeal; Judicial Review

§16-4C-11. Liability for Cost of Emergency Medical Service

§16-4C-12. Violations; Criminal Penalties

§16-4C-13. Actions to Enjoin Violations; Injunctive Relief

§16-4C-14. Services That May Be Performed by Emergency Medical Service Personnel

§16-4C-15. Powers of Emergency Medical Service Attendants, Emergency Medical Technicians-Basic and Emergency Medical Technicians-Paramedic During Emergency Communications Failures and Disasters

§16-4C-16. Limitation of Liability; Mandatory Errors and Omissions Insurance

§16-4C-17. Limitation of Liability for Failure to Obtain Consent

§16-4C-18. Authority of Emergency Medical Service Personnel in Charge of Emergency Medical Services

§16-4C-19. Obstructing or Causing Bodily Injury to Emergency Medical Service Personnel; Criminal Penalties

§16-4C-20. Service Reciprocity Agreements for Mutual Aid

§16-4C-21. Restriction for Provision of Emergency Medical Services by Out-of-State Emergency Medical Service Personnel or Providers of Emergency Medical Services

§16-4C-22. Transportation of Unconscious or Otherwise Uncommunicative Patients

§16-4C-23. Authority of the Commissioner to Make Rules

§16-4C-24. Emergency Medical Services Equipment and Training Fund; Establishment of Grant Program for Equipment and Training of Emergency Medical Service Providers and Personnel