W. Va. Code R. § 115-8-2 - Administration
2.1. The
administrative appeal hearing shall be conducted in accordance with the
provisions of W. Va. Code §
29A-5-1,
et seq. The hearing may be conducted by the Executive Director of BRIM or a
hearing officer appointed by the Executive Director.
2.2. The Executive Director of BRIM or his
designee shall provide the claimant with written notice stating the time and
place of a hearing. The claimant shall appear to show cause why the claimant is
entitled to his/her claims of economic damages. At the hearing, BRIM and the
claimant shall be afforded an opportunity to review the evidence, to
cross-examine the witnesses, and present testimony and enter evidence in
support of the parties' respective position.
2.3. The Executive Director or hearing
officer has the power to subpoena witnesses, papers, records, documents and
other data and things in connection with the proceeding under this subsection
and to administer oaths or affirmations in the hearing.
2.4. If the Executive Director appoints a
hearing officer to conduct an administrative appeal hearing, upon conclusion of
the hearing, the hearing officer shall provide a Recommended Decision of
findings of fact and conclusions of law to the Executive Director.
Subsequently, the Executive Director shall determine whether the claimant is
entitled to his/her claims of economic damages by issuing a final order. The
Executive Director may adopt, approve, modify, revise, reject, or remand the
hearing examiner's Recommended Decision of findings of fact and conclusions of
law. The final order shall be mailed to the claimant by certified mail, return
receipt requested.
2.5. If the
Executive Director conducts the administrative appeal hearing, after reviewing
the record of the hearing, the Executive Director shall determine whether the
claimant is entitled to his/her claims of economic damages. The Executive
Director shall issue a final order setting forth findings of fact and
conclusions of law in support of the decision. The final order shall be mailed
to the claimant by certified mail, return receipt requested.
2.6. Any appeal by the claimant shall be
brought in accordance with the provisions of W. Va. Code §
29A-5-4.
The scope of the court's review of the final order shall be as provided in W.
Va. Code §
29A-5-4.
If the claimant does not appeal the final order within thirty days, it is
final.
Notes
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