§ 4-407. Disciplinary powers of the department.

(a)

The department may take the following disciplinary actions for causes defined in West Virginia Code 21-11-14:

(1)

Permanently revoke a license;

(2)

Suspend a license for a specified period;

(3)

Censure or reprimand a licensee;

(4)

Impose limitations or conditions on the professional practice of a licensee;

(5)

Impose requirements for remedial professional education to correct deficiencies in the education, training and skill of a licensee; and

(6)

Impose a probationary period requiring a licensee to report regularly to the department on matters related to the grounds for probation. The department may withdraw probationary status if the deficiencies that require the sanction are remedied.

(b)

The department may summarily suspend a licensee pending a hearing, as provided for in section 4-409 of this article, or pending an appeal after hearing upon a determination that the licensee poses a clear, significant, and immediate danger to the public health and safety.

(c)

The department may reinstate a suspended or revoked license of a person, if, upon a hearing, the board finds and determines that such person is able to practice with skill and safety.

(d)

The department may accept the voluntary surrender of a license; provided, that such license may not be reissued unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fees.

(e)

A person adversely affected by disciplinary action may appeal to the appeals board within sixty (60) days of the date such disciplinary action is taken. The board shall hear the appeal in accordance with the provisions of West Virginia Code 29A-5-1, et seq., and section 4-409 of this article.

(f)

In all disciplinary hearings, the appeals board has the burden of proof as to all matters in contention. No disciplinary action shall be taken by the board except on the affirmative vote of the majority of the board. Except for violations of West Virginia Code 21-11-13, no disciplinary action shall be taken by the board for any such cause as is set out West Virginia Code 21-11-14 unless the licensee has been finally adjudicated as having perpetrated such act in a court of record. Other than as specifically set out in West Virginia Code 21-11-13, the board has no power or authority to impose or assess damages.

(Ord. of 11-8-94)