W. Va. Code R. § 162-10-6 - Initial Determination

6.1. The Executive Director of the Board or his or her designee, and two staff members appointed by the Executive Director, constitute the Staff Review Committee. The Staff Review Committee shall review all reports and other evidence from all sources, and shall make a recommendation for disposition of the disability application or petition, consistent with this rule and laws of the member's retirement system, to the Board's Review Committee. A preponderance of the evidence standard applies in the evaluation of the evidence of record.

6.2. The Board's Review Committee shall be comprised of at least three Board members who have been appointed by the Board. The Board Review Committee shall consider the recommendations of the Staff Review Committee as well as all reports and other evidence relating to the disability application or petition. The Board Review Committee shall thereafter present its findings and position to the full Board as to whether the member is physically or mentally incapacitated from performing the essential duties of a law enforcement officer, and should be retired on the basis of the incapacity. A preponderance of the evidence standard applies in the evaluation of the evidence of record.

6.3. If the member's application, or the petition of the Sheriff as provided in subsection 3.2. of this rule, is not granted by the full Board, the Board shall notify both the member and the Sheriff in writing of its decision and the basis for the decision. The notification shall state, with specificity, what action may be taken by the member or the Sheriff to pursue an administrative appeal of the Board's denial of the disability application or petition.

Notes

W. Va. Code R. § 162-10-6