§48-26-406 Closure of shelters; provisional licensee waivers.
§48-26-406. Closure of shelters; provisional licensee waivers.
(a) The board may close any shelter which violates the standards established under this article and which threatens the health, well being and safety of its clients: Provided, That the board shall establish a plan to place such clients in other shelters and to develop a method to continue serving the areas served by the shelter to be closed.
(b) The board may place a shelter, which violates standards established under this article and which threatens the health, well being and safety of its clients, under receivership and operate said shelter. The board shall have access and may use all assets of the shelter.
(c) In order to close or place a shelter in receivership, the board shall hold a public hearing within the confines of municipality or county in which the shelter is located. The board, by the first day of September, one thousand nine hundred eighty-nine, shall establish rules and regulations to govern the conduct of such hearings: Provided, That four members of the board must vote in the affirmative before a shelter is closed or placed in receivership.
(d) If a shelter disagrees with the findings of the board, the shelter may appeal such ruling to the circuit court of Kanawha County or the circuit court of the county where the shelter is located pursuant to the provisions of section four, article five, chapter twenty-nine-a of this code.