W. Va. Code R. § 106-10-2
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 106-10-2 - Declaratory Rulings2.1. The permissive parties. -- Pursuant to W. Va. Code '29A-4-1, any person with a bona fide interest in any state of facts or any rule or statute enforceable by the Commissioner of Banking may, by proper petition, request a declaratory ruling from the Commissioner of Banking upon such matter.2.2. Form of petition. -- The petition shall be typewritten, shall concisely state the matters upon which a declaratory ruling is sought, shall state why petitioner seeks such ruling and shall be verified by petitioner's authorized agent or petitioner's attorney. Three (3) copies of such petition shall be filed with the Commissioner of Banking.2.3. Briefs. -- Petitioner shall prepare a brief or memorandum of law and three (3) copies of such shall be filed with the Commissioner of Banking simultaneously with the filing of the petition.2.4. Hearings. -- If petitioner seeks a hearing before the Commissioner of Banking, he shall so state in his petition, in which event the Commissioner of Banking shall hear petitioner at a time and place to be determined by the Commissioner of Banking within sixty (60) days from the date of request, giving petitioner at least ten (10) days written notice of the date, time and place of the hearing.2.5. Decision. -- The Commissioner of Banking shall render a written ruling upon the matter requested by petitioner within thirty (30) days after a hearing, if such is held, or within sixty (60) days after the filing of a petition, if no hearing is requested.2.6. Applicability of decision. -- Any ruling by the Commissioner of Banking shall be binding upon the Commissioner of Banking and upon the party requesting the ruling upon the state of facts set forth in the petition, but shall not be binding upon any other person.2.7. Appeal. -- A declaratory ruling of the Commissioner of Banking shall be subject to review as provided for in W. Va. Code '29A-4-2.W. Va. Code R. § 106-10-2