§16-5D-15. Unlawful Acts; Penalties; Injunctions; Private Right of Action
(a) Whoever advertises, announces, establishes or maintains or is engaged in establishing or maintaining an assisted living residence without a license granted under §16-5D-6 of this code, or who prevents, interferes with or impedes in any way the lawful enforcement of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be […]
§16-5D-18. Separate Accounts for Residents' Personal Funds; Consent for Use; Records; Penalties
(a) Each assisted living residence subject to the provisions of this article shall hold in a separate account and in trust each resident's personal funds deposited with the assisted living residence. (b) No person may use or cause to be used for any purpose the personal funds of any resident admitted to any assisted living […]
§16-5D-8. Investigation of Complaints
(a) The secretary will establish, by rule, procedures for prompt investigation of all complaints of alleged violations by assisted living residences of applicable requirements of state law or rules, except for such complaints that the secretary determines are willfully intended to harass a licensee or are without any reasonable basis. Such procedures will include provisions […]
§16-5D-9. Inspections
(a) The secretary and any duly designated employee or agent thereof will have the right to enter upon and into the premises of any assisted living residence at any time for which a license has been issued, for which an application for license has been filed with the secretary, or which the secretary has reason […]
§16-5D-10. Reports of Inspections; Plans of Correction; Assessment of Penalties and Use of Funds Derived Therefrom; Hearings
(a) Reports of all inspections made pursuant to §16-5D-9 of this code will be in writing and will list all deficiencies in the assisted living residence’s compliance with the provisions of this article and the rules adopted by the secretary hereunder. The director will send a copy of the report to the assisted living residence […]
§16-5D-11. Enforcement Actions; Assessment of Interest; Collection of Assessments; Hearings
(a) The secretary will, by order, impose a ban on the admission of residents or reduce the bed quota of the assisted living residence, or any combination thereof, where he or she finds upon inspection of the assisted living residence that the licensee is not providing adequate care under the assisted living residence’s existing bed […]
§16-5D-12. License Denial; Limitation, Suspension, or Revocation
(a) The secretary shall issue an order denying, limiting, suspending, or revoking a license issued pursuant to this article if the provisions of this article or of the rules promulgated pursuant to this article are violated. The secretary may issue an order revoking a program’s license and prohibit all licensed disciplines associated with the assisted […]
§16-5D-13. Judicial Review
(a) Any applicant or licensee or the secretary who is adversely affected by the decision as a result of the formal hearing provided for in §16-5D-12 of this code may, within 30 days after receiving notice of the decision, petition the Circuit Court of Kanawha County, in term or in vacation, for judicial review of […]
§16-5D-14. Legal Counsel and Services for the Secretary
(a) Legal counsel and services for the secretary in all administrative hearings and all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General, his or her assistants or an attorney employed by the secretary in proceedings in any circuit court by the prosecuting attorney of the […]
§16-5D-3. Powers, Duties, and Rights of Secretary
In the administration of this article, the secretary has the following powers, duties, and rights: (a) To enforce rules and standards for assisted living residences which are adopted, promulgated, amended, or modified by the secretary; (b) To exercise as sole authority all powers relating to the issuance, suspension, and revocation of licenses of assisted living […]