W. Va. Code R. § 103-6-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 103-6-11 - Orders

11.1. Any final order entered by the State Fire Marshal following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code §§ 29A-5-3. Such orders shall be entered within 45 days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

11.2. The findings of fact and conclusions of law must be made by the Administrative Law Judge, before a final order is entered. A copy of the final order rendered by an Administrative Law Judge shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within 10 days after entry by the Fire Marshal by personal service or by registered or certified mail.

11.3. The Administrative Law Judge's Order and Decisions are final and Conclusive - A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to W.Va. Code § 15A-9-1et seq. of this code or may choose independent informal dispute resolution as set forth in this article. Any order or final written decision of the Administrative Law Judge based upon or made in the course of the administration or enforcement of the provisions of W. Va. Code § 15A-9-1et seq. based upon or made pursuant to this rule, is final, unless vacated or modified upon review pursuant to the appeal rights and procedures provided by Chapter 29A of the W. Va. Code and this rule. A party may appeal the hearing examiner's decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all "[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022" per West Virginia Code § 51-11-4(b)(4).

W. Va. Code R. § 103-6-11