Domestic Violence Survivors' Support Group, Inc., doing business as Domestic Violence Counseling Center v. West Virginia Department of Health and Human Resources, Office of Health Facility Licensure and Certification

Summary

The Supreme Court of Appeals of West Virginia held that an administrative rule requiring professional staff at behavioral health centers to comply with applicable professional licensure requirements did not require all counselors employed by a nonprofit corporation to be licensed. Because the statutory exemption for counselors working for nonprofit corporations applied, the agency’s contrary interpretation was unsupported and could not justify denial of the petitioner’s behavioral health center license. The court reversed the circuit court’s order and remanded the matter.

Holdings

1. The rule's requirement that professional staff and consultants comply with applicable state professional licensure requirements does not require counselors employed by a nonprofit corporation to hold professional counselor licenses when those counselors are exempt under West Virginia Code § 30-31-11(a)(4).
2. Interpretation of a statute or administrative rule is a purely legal question reviewed de novo, and an agency's construction contrary to clear statutory or regulatory language is not entitled to deference.

Questions Presented

1. Whether West Virginia Code of State Rules § 64-11-5.5g requires all counselors employed by behavioral health centers to be professionally licensed notwithstanding the nonprofit-corporation exemption in West Virginia Code § 30-31-11(a)(4).
2. Whether OHFLAC's interpretation of the administrative rule was entitled to deference.
3. Whether the circuit court erred by affirming the agency's denial of DVCC's behavioral health center license application.

Disposition

reversed_and_remanded