(a) Any person adversely affected by an order entered by the board is entitled to a hearing. A hearing on a statement of the charges shall be held in accordance with the provisions for hearings set forth in article one of this chapter and the procedures specified by the board by rule.
(b) Either party may elect to have an administrative law judge or hearing examiner conduct the hearing and must notify the other party of the 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. Disciplinary action may be a part of the proposed order, or the board may reserve this obligation for its consideration. The board may accept, reject or modify the decision of the administrative law judge or hearing examiner.
(c) For the purpose of conducting a hearing, a member of the board or the executive director of the board may issue subpoenas and subpoenas duces tecum which shall be issued, served, and enforced as specified in section one, article five, chapter twenty-nine-a of this code, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.
(d) If, after a hearing, the board determines the licensee or permittee has violated any provision of this article, or the board's rules, a formal decision shall be prepared and signed by a member of the board or the executive director of the board, which contains findings of fact, conclusions of law and specifically lists the disciplinary actions imposed.
(e) Any licensee or permittee adversely affected by any decision of the board entered after a hearing, may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article five, chapter twenty-nine-a of this code.
(f) In addition to any other sanction imposed, the board may require a licensee or permittee to pay the costs of the proceeding.
Structure West Virginia Code
Chapter 30. Professions and Occupations
Article 23. Radiologic Technologists
§30-23-1. License Required to Practice
§30-23-5. Medical Imaging and Radiation Therapy Technology Board of Examiners
§30-23-6. Powers and Duties of the Board
§30-23-8. Fees; Special Revenue Account; Administrative Fines
§30-23-9. Requirements for Radiologic Technology License
§30-23-10. Scope of Practice for a Radiologic Technologist
§30-23-11. Scope of Practice for a Radiation Therapist
§30-23-12. Exemptions From Radiologic Technology License
§30-23-13. Requirements for Temporary Medical Imaging and Radiation Therapy Technology License
§30-23-15. Requirements for Nuclear Medicine Technologist License
§30-23-16. Scope of Practice for Nuclear Medicine Technologist
§30-23-17. Requirements for Magnetic Resonance Imaging Technologist License
§30-23-18. Scope of Practice for Magnetic Resonance Imaging Technologist
§30-23-20. Requirements for Podiatric Medical Assistant Permit
§30-23-21. Scope of Practice for Podiatric Medical Assistants
§30-23-22. License and Permit Renewal Requirements
§30-23-24. Refusal to Issue or Renew, Suspension or Revocation; Disciplinary Action
§30-23-25. Complaints; Investigations; Notice
§30-23-26. Hearing and Judicial Review