W. Va. Code R. § 64-17-9 - Hearings and Administrative Due Process

9.1. A permit applicant, a permit holder, an employee or other person may petition the commissioner in writing, as prescribed in the rule, "Rules of Procedure for Contested Case Hearings and Declaratory Rulings," 64 CSR 1, for a contested case hearing when the Commissioner has:

9.1.a. Denied his or her application for a permit to operate;

9.1.b. Suspended or revoked his or her permit to operate;

9.1.c. Denied his or her request for a variance;

9.1.d. Issued a hold order;

9.1.e. Issued an employee restriction or exclusion order; or

9.1.f. Otherwise adversely affected the rights, duties, interests or privileges of the petitioner.

9.2. Within 10 days after receipt of the written petition, the commissioner shall grant or deny a hearing on the matter in accordance with the rule, "Rules of Procedure for Contested Case Hearings and Declaratory Rulings," 64 CSR 1.

9.3. The filing of a petition for a hearing shall not stay or suspend the execution of the notice or order issued by the commissioner.

Notes

W. Va. Code R. § 64-17-9