W. Va. Code R. § 179-2-10 - Filing and Service of Documents and Orders

Current through Register Vol. XXXIX, No. 11, March 18, 2022

10.1. All documents required to be filed in an appeal under these rules must be filed with the director of the West Virginia Lottery. Delivery may be made by one of the following means:

10.1.a. Personal delivery to the West Virginia Lottery offices at 312 MacCorkle Avenue, S.E., Charleston, West Virginia during regular business hours and excluding Saturdays, Sundays and legal holidays.

10.1.b. United States mail addressed to P.O. Box 2067, Charleston, West Virginia 25327-2067.

10.1.c. Private delivery companies such as Airborne, DHL, Federal Express and United Parcel Service.

10.1.d. Facsimile transmission to either 304-558-3321 or 304-558-0129.

10.2. Filing of the petition and subsequent documents is in each case effective upon delivery and not upon mailing as determined by postmark.

10.3. Copies of all documents filed in an appeal under these rules must be served upon all other parties.

10.4. Service of documents will be accomplished by personal delivery or by registered or certified mail, return receipt requested. Whenever a party is represented by an attorney who has signed any document filed on behalf of such party or otherwise entered an appearance on behalf of such party, service thereafter must be made upon the attorney.

10.5. All documents required to be served will be accompanied by proof of service in the form of a certificate of service. The certificate of service must include a statement of how service was accomplished. Among those documents required to be served are: Petition for an administrative hearing, notice of appeal to circuit court, the final order and any motions made. Also included are any documents the commission or hearing examiner adopts as being necessary for procedural purposes.

Notes

W. Va. Code R. § 179-2-10