Statutes, codes, and regulations
West Virginia Administrative Code
Agency 103 - Fire MarshalTitle 103 - LEGISLATIVE RULE STATE FIRE MARSHAL
Series 103-03 - Supervision of Fire Protection Work
Section 103-3-11 - Disposition of Complaints

W. Va. Code R. § 103-3-11

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 103-3-11 - Disposition of Complaints
11.1. Enforcement of Certification Requirements -- In the course of investigating complaints as authorized under W.Va. Code§ 29-3D-1et seq., the State Fire Marshal shall determine whether or not the person against whom the complaint has been filed is certified under W.Va. Code § 29-3D-1et seq.
11.2. Any citizen, law enforcement official or other official of any state, county, or municipal government agency, upon observing an infraction of the certification requirements of W. Va. Code §29- 3D-1 et seq. or this rule, may file a written complaint with the office of the State Fire Marshal. The State Fire Marshal may provide a form for this purpose, but a complaint may be filed in any written form. When a complaint is filed with the office of the State Fire Marshal, that office shall investigate the complaint. In addition to describing the alleged violation which prompted the complaint, the complaint shall contain as a minimum the following information:
11.2.a. The name and address of the certified person or applicant against whom the complaint is lodged;
11.2.b. The date of the alleged unlawful act;
11.2.c. The nature of the alleged unlawful act; and
11.2.d. The location of the alleged unlawful act or occurrence.
11.3. A copy of the complaint sent to the certificate holders or applicants shall be considered properly served when sent to their last known address. It is the responsibility of the certificate holder or applicant to keep the State Fire Marshal informed of his or her current address. The certificate holder or applicant has 30 days to file a response or appeal petition to the complaint with the State Fire Marshal's office.
11.4. After receipt and review of a complaint, the State Fire Marshal shall cause to be conducted any reasonable inquiry or investigation he or she considers necessary to determine the truth and validity of the allegations set forth in the complaint.

W. Va. Code R. § 103-3-11