W. Va. C.S.R. § 64-40-1 et seq. § §64-40-18
Administrative Due Process
Operative Text
§64-40-18. Administrative Due Process. Those persons adversely affected by the enforcement of this rule desiring a contested case hearing to determine any rights, duties, interests or privileges shall do so in a manner prescribed in the West Virginia Bureau for Public Health’s Procedural Rule, Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64CSR1.
Section 64-40-18 of the West Virginia Code of State Rules establishes that anyone negatively affected by enforcement of the rule has the right to challenge that enforcement through a formal contested case hearing. The process for requesting and conducting such a hearing is governed by the West Virginia Bureau for Public Health's procedural rules found at 64CSR1. This provision ensures that affected parties have an administrative avenue to dispute decisions about their rights, duties, interests, or privileges under the rule.
Plain English — not legal advice.
Under W. Va. C.S.R. §64-40-18, property owners or managers who believe an enforcement action has adversely affected them have access to a formal administrative hearing process. Operators who receive an adverse enforcement decision generally document the basis of their objection and follow the procedures outlined in the Bureau for Public Health's Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64CSR1. Familiarity with those procedural rules is important for anyone seeking to formally contest an enforcement determination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
W. Va. C.S.R. §64-40-18 recognizes that tenants or other individuals adversely affected by enforcement of this rule have the right to seek a contested case hearing to address their rights or interests. The hearing process is administered according to the West Virginia Bureau for Public Health's procedural framework at 64CSR1, which sets out how such requests must be made and handled. Those who believe they have been negatively impacted by an enforcement action may wish to review 64CSR1 or consult a tenant-rights organization to understand the available administrative options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation