Current through Register Vol. XLI, No. 50, December 13, 2024
Section 105-1-3 - DefinitionsThe following definitions shall apply in the interpretation of this rule.
3.1. "Appealable order" means the order or decision of the Commissioner that the petitioner is appealing to the OAH pursuant to OAH's jurisdiction under W. Va. Code § 17C-5C-3.3.2. "Commissioner" means the executive officer of the Division of Motor Vehicles appointed by the Governor pursuant to W. Va. Code § 17A-2-2 or the Commissioner's lawful designee.3.3. "Chief Hearing Examiner" means the chief administrator of the Office of Administrative Hearings appointed by the Governor pursuant to W.Va. Code § 17C-5C-1(b).3.4. "DUI case" means an administrative proceeding conducted by the OAH pursuant to chapters seventeen-b, seventeen-c, and twenty-nine-a of the West Virginia Code as applied to contested cases arising out of the enforcement of administrative revocations and disqualifications imposed under the provisions of W. Va. Code § 17C-5A-2 or refusing to submit to a designated secondary chemical test.3.5. "Hearing" means a hearing in a DUI case or other contested case conducted by the OAH.3.6. "Investigating officer" means a law-enforcement officer or officers as described in W. Va. Code § 17C-5-4 or § 17E-1-24, who is primarily responsible for the integrity of the investigation in the matter.3.7. "Office of Administrative Hearings" and "OAH" means the separate operating agency within the Department of Transportation with jurisdiction to hear and determine all appeals pursuant to W. Va. Code § 17C-5C-3, including the Chief Hearing Examiner and all OAH employees designated to act on his or her behalf.3.8. "Other contested case" means an administrative proceeding conducted by the OAH pursuant to its jurisdiction other than a DUI case.3.9. "Party" and "parties" means the petitioner and the respondent. 3.10. "Petitioner" means the person contesting an order or decision of the Commissioner.3.11. "Respondent" means the Commissioner.