W. Va. Code R. § 115-3-6 - Administrative Hearings

6.1. In the absence of any other applicable rules relating to a specific type of hearing or proceeding before the agency or its duly appointed representative, these procedural rules shall apply. These rules are intended to meet the requirements of W. Va. Code § 29A-5-1, et seq. and shall be interpreted under that guidance.

6.2. The agency shall hold a hearing when a statute or rule authorizes a hearing request by a person claiming to be aggrieved by an act of the agency. A request for hearing shall be in writing and shall specify the act of the agency giving rise to the request and the legal grounds to be relied upon as a basis for the relief to be requested at the hearing. Should the hearing request fail to provide its basis or legal grounds relied upon, the agency may request this information.

6.3. The agency shall conduct the hearing within thirty days of receipt of a written request for hearing unless postponed to a later date by mutual agreement. Should the Director determine that the hearing requested would involve an exercise of authority in excess of that available under the law, the Director shall issue a decision declining to hold the hearing and setting forth the basis for the decision.

6.4. The agency shall issue a notice of hearing at least ten calendar days in advance of the hearing by depositing the notice in the United States mail, postage prepaid, in an envelope addressed to the person requesting the hearing at the last known residence or business address. The notice shall state the purpose of the hearing; the date, time, and location of the hearing; and any other matter necessary to the proper and efficient conduct of the hearing.

6.5. Hearings shall be conducted by a person designated by the Director to be the hearing examiner. The hearing examiner has the power to administer oaths and affirmation; rule upon motions, offers of proof and receive relevant evidence; question witnesses; regulate the course of hearings, hold conferences for resolution or simplification of issues; dispose of procedural requests or similar matters; and exclude any person from a hearing who engages in conduct intended to disrupt the hearing or who is not a party, a party's attorney, or a testifying witness.

6.6. An opportunity shall be afforded the parties to present evidence and argument at the hearing with respect to the matters involved. All hearings shall be conducted in an impartial manner. Parties shall have the right of cross-examination of witnesses who testify and have the right to submit rebuttal evidence. Persons directly affected by the hearing may appear in person or by counsel.

6.7. Within thirty calendar days following the conclusion of the hearing, the hearing officer shall provide a recommended decision of findings of fact and conclusions of law to the Director. The Director shall review the record of the hearing and the recommended decision. The Director may adopt, modify, or reject the recommended decision, or may remand the recommended decision for further action. The Director shall issue a final order setting forth findings of fact and conclusions of law in support of the decision within 10 business days of receipt of the recommended decision. The Director's order shall be mailed to the aggrieved person by certified mail, return receipt requested.

6.8. A decision by the Director to decline a hearing request under subsection 6.3 of this rule or an order of the Director issued under subsection 6.7 may be appealed within thirty calendar days of receipt of the decision or order in accordance with the provisions of W. Va. Code § 29A-5-4. If the aggrieved person does not appeal the Director's decision or order within thirty calendar days of receipt, the decision or order is final.

Notes

W. Va. Code R. § 115-3-6