W. Va. Code R. § 162-10-10 - Other Appeals

10.1. The Board's staff shall consider any other type of appeal other than for disability retirement benefits. If the Board's staff does not grant the request, the staff shall notify the applicant in writing stating the reasons for the denial and informing him of his right to appeal to the Board.

10.2. The applicant has ninety (90) days upon receipt of the written denial within which to file a written request for an administrative appeal. If the applicant appeals the decision of the staff, the staff shall refer the appeal to the hearing officer appointed by the Board.

10.2.1. Within sixty (60) days of the notice from the applicant of the desire to appeal the denial, the hearing officer shall schedule a time and place to hear the appeal and give the applicant ten (10) business days written notice of the hearing.

10.2.2. At any hearing conducted pursuant to this rule, the applicant may appear pro se, or may be represented by counsel or by a lay representative. Counsel for the Board may also appear at any hearing held pursuant to this rule. Witnesses or written evidence may be submitted by both parties at this hearing.

10.2.3. The rules of evidence shall not strictly apply and the applicant has the right to any and all relevant documents in the possession of the Board, subject to any confidentiality or disclosure limitations set forth in federal or state law.

10.2.4. The hearing officer may subpoena documents and witnesses if the information is relevant and reasonable in order for the hearing officer to arrive at a finding of fact and to make a recommendation on the appeal. The interest of justice and fair play shall guide proceedings before the hearing officer.

10.2.5. The Board shall cause the certified court reporter to retain but not transcribe a stenographic recording of the hearing which is the official record of the hearing. Upon appeal to circuit court, the recording shall be transcribed.

10.2.6. The hearing officer shall within sixty (60) days of receiving all documents and evidentiary testimony, prepare formal findings of fact and conclusions of law, in which he states the reasons for his findings, and noting with specificity the evidence considered in reaching a recommendation.

10.2.7. Following written notice and tender of the hearing officer's recommended decision to all parties, the hearing officer shall present his recommended decision to the Board at its next regularly scheduled meeting. The staff of the Board shall notify the member and counsel for the Board of the date, time and place of the Board's meeting during which the appeal and the recommended decision will be presented to the Board by the hearing officer. Any party has the right to submit, in writing, a proposed final order to the hearing officer for consideration prior to presentation of the matter to the Board.

10.3. The Board shall take action, in open session, on the recommendation of the hearing officer on any appeal held pursuant to this rule. Presentation of the matter shall be made by the hearing officer, and no additional oral argument is permitted.

10.3.1. The Board shall accept the recommendation of the hearing officer unless an abuse of discretion is found to have occurred, or unless the recommendation is found to be based upon an error in facts or contrary to law. The Board's final decision shall be sent, by certified mail, to the member and his or her counsel.

10.4. An applicant who fails to request a timely appeal waives any further administrative appeal rights.

Notes

W. Va. Code R. § 162-10-10