§16-4C-10 Notice of refusal, suspension or revocation of certificate or license; appeals to commissioner; judicial review.
§16-4C-10. Notice of refusal, suspension or revocation of certificate or license; appeals to commissioner; judicial review.
An application for an original, renewal or temporary emergency medical service personnel certificate or emergency medical services agency license, shall be acted upon by the commissioner and the certificate delivered or mailed, or a copy of any order of the commissioner denying any such application delivered or mailed to the applicant, within fifteen days after the date upon which the application including test scores, if applicable, was received by the commissioner.
Whenever the commissioner refuses to issue an emergency medical service personnel certificate or a temporary emergency medical service personnel certificate or emergency medical services agency license, or suspends or revokes an emergency medical service personnel certificate, or a temporary emergency medical service personnel certificate, he or she shall make and enter an order to that effect, which shall specify the reasons for the denial, suspension or revocation, and shall cause a copy of the order to be served in person or by certified mail, return receipt requested, on the applicant or certificate or license holder, as the case may be.
Whenever a certificate or license is suspended or revoked, the commissioner shall in the order of suspension or revocation directthe holder thereof to return his or her certificate to the commissioner. It shall be the duty of the certificate or license holder to comply with any such order following expiration of the period provided for an appeal to the commissioner.
Any applicant or certificate or license holder, adversely affected by an order made and entered by the commissioner may appeal to the commissioner for an order vacating or modifying the order or for such order as the commissioner should have entered. The person so appealing shall be known as the appellant. An appeal shall be perfected by filing a notice of appeal with the commissioner within ten days after the date upon which the appellant received the copy of the order. The notice of appeal shall be in a form and contain the information prescribed by the commissioner, but in all cases shall contain a description of any order appealed from and the grounds for the appeal. The filing of the notice of appeal shall operate to stay or suspend execution of any order which is the subject matter of the appeal. All of the pertinent provisions of article five, chapter twenty-nine-a of this code apply to and govern the hearing on appeal and the administrative procedures in connection with and following the hearing, with like effect as if the provisions of said article were set forth in extenso herein.
The commissioner shall set a hearing date which shall be notless than ten days after he or she received the notice of appeal unless there is a postponement or continuance. The commissioner may postpone or continue any hearing on his or her own motion, or for good cause shown upon the application of the appellant. The appellant shall be given notice of the hearing in person or by certified mail, return receipt requested. Any such hearing shall be held in Charleston, Kanawha County, West Virginia, unless another place is specified by the commissioner.
After the hearing and consideration of all of the testimony, evidence and record in the case, the commissioner shall make and enter an order affirming, modifying or vacating his or her initial order or shall make and enter any new order. The order 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 order and accompanying findings and conclusions shall be served upon the appellant, in person or by certified mail, return receipt requested. The order of the commissioner shall be final unless vacated or modified upon judicial review thereof.
Any appellant adversely affected by a final order made and entered by the commissioner is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern the review with like effect as if the provisions of said section wereset forth in extenso herein. The judgment of the circuit court shall be 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.