W. Va. Code R. § 105-1-8 - Hearing Notices and Location

8.1. A hearing shall be held within one hundred eighty (180) days after the date on which the OAH received the timely written objections unless there is a hearing continuance or postponement.

8.2. The OAH will send the notice of hearing to the petitioner, to the petitioner's attorney, if any, to the Commissioner, and to the Attorney General's Office if the Attorney General has filed a notice of appearance. The OAH will send the hearing notice by depositing it in the United States mail, postage prepaid, in an envelope addressed to the person's last known address or, with written consent of a person, to such person's last known e-mail address.

8.3. The hearing notice will contain the date, time, and location of the hearing, the case name and file number, and a statement as to the consequences of failing to appear at the prescribed date, time and place of the hearing.

8.4. In a DUI case, the hearing notice will contain a statement as to the consequences of failing to timely notify the OAH of the petitioner's intention to challenge the results of a secondary chemical test or to challenge the legality of a sobriety checkpoint.

8.5. Upon notice to the parties, the OAH may consolidate issues from appealable orders arising from the same incident or occurrence into one administrative hearing.

8.6. The hearing shall be held at an office of the OAH or the Division of Motor Vehicles located in or near the county in which the arrest was made in this state or at some other suitable place in the county in which the arrest was made if an office of the OAH or the Division of Motor Vehicles is not available.

Notes

W. Va. Code R. § 105-1-8