W. Va. Code R. § 105-1-7 - Written Objections

7.1. Time limits for filing Written Objections.

a. In a DUI case, a petitioner must file written objections to an appealable order with the OAH in person, by registered or certified mail, return receipt requested, or by fax transmission or electronic mail within thirty (30) calendar days after receipt of a copy of the appealable order.

b. In any other contested case, unless otherwise specified by law, a petitioner must file written objections to an appealable order with the OAH in person, by registered or certified mail, return receipt requested, or by fax transmission or electronic mail within ten (10) days after receipt of a copy of the appealable order. A successful transmittal sheet shall be necessary for proof of the filing of written objections in the case of filing by fax.

7.2. Untimely written objections may not be considered by the OAH. Written objections are untimely if they are made prior to the issuance of the appealable order or are made beyond the deadlines set forth in subsection 7.1.

7.3. Information provided on written objections shall include the petitioner's name, mailing and e-mail addresses, telephone number, driver's license number, file number, and date of birth. Written objections shall provide the date of the appealable order and the date the petitioner received a copy of the appealable order. If the petitioner is represented by an attorney, written objections shall include the attorney's name, mailing and e-mail addresses, telephone and facsimile numbers, and West Virginia State Bar identification number. Written objections may be made in a current form approved by the Chief Hearing Examiner and posted on the OAH's website, at http://www.transportation.wv.gov/oah/.

7.4. All written objections shall be signed by the petitioner or petitioner's attorney.

7.5. All written objections shall be accompanied with the filing fee set forth in subsection 16.3.a. or a fee waiver request form as set forth in subsection 7.6. In the case of a Petitioner filing a written objection via email or facsimile the Petitioner or their Counsel shall mail the fee under separate cover to the OAH. If the fee is not received by the OAH within ten (10) days of the filing of the written objection, then the matter may be dismissed at the discretion of the OAH.

7.6. If a Petitioner wishes to seek a waiver of the filing fee set forth in subdivision 16.3.a. they may file the fee waiver request form promulgated by the OAH. Such request must accompany the written objection form. If the request is granted, no filing fee shall be due from the Petitioner. However, if the request is denied, the Petitioner shall have ten (10) days from the date of said denial to remit the filing fee to the OAH.

7.7. At the discretion of the OAH, incomplete written objections may not be considered by the OAH. Written objections are incomplete if they do not include the information and data required by subsections 7.3. and 7.4.

7.8. If a petitioner wishes to challenge the results of a secondary chemical test or wishes to challenge the legality of a sobriety checkpoint in a DUI case, the written objections should indicate if the results of a secondary chemical test or the legality of a sobriety checkpoint or both are being challenged. Such disclosure must be made by the deadline set forth in subdivision 10.2.a.

7.9. Upon receipt of written objections, the OAH will notify the Commissioner, who will stay the imposition of the applicable period of revocation or suspension and afford the person an opportunity to be heard by the OAH in a DUI case or any contested case wherein a stay is required to be imposed pursuant to West Virginia Code § 17C-5A-2A.

7.10. Timely filed written objections constitute a written motion by the petitioner for a hearing and for a final order.

Notes

W. Va. Code R. § 105-1-7