Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-8-2 - Administration2.1. The administrative appeal hearing shall be conducted in accordance with the provisions of W. Va. Code § 29A-5-1, et seq. The hearing may be conducted by the Executive Director of BRIM or a hearing officer appointed by the Executive Director.2.2. The Executive Director of BRIM or his designee shall provide the claimant with written notice stating the time and place of a hearing. The claimant shall appear to show cause why the claimant is entitled to his/her claims of economic damages. At the hearing, BRIM and the claimant shall be afforded an opportunity to review the evidence, to cross-examine the witnesses, and present testimony and enter evidence in support of the parties' respective position.2.3. The Executive Director or hearing officer has the power to subpoena witnesses, papers, records, documents and other data and things in connection with the proceeding under this subsection and to administer oaths or affirmations in the hearing.2.4. If the Executive Director appoints a hearing officer to conduct an administrative appeal hearing, upon conclusion of the hearing, the hearing officer shall provide a Recommended Decision of findings of fact and conclusions of law to the Executive Director. Subsequently, the Executive Director shall determine whether the claimant is entitled to his/her claims of economic damages by issuing a final order. The Executive Director may adopt, approve, modify, revise, reject, or remand the hearing examiner's Recommended Decision of findings of fact and conclusions of law. The final order shall be mailed to the claimant by certified mail, return receipt requested.2.5. If the Executive Director conducts the administrative appeal hearing, after reviewing the record of the hearing, the Executive Director shall determine whether the claimant is entitled to his/her claims of economic damages. The Executive Director shall issue a final order setting forth findings of fact and conclusions of law in support of the decision. The final order shall be mailed to the claimant by certified mail, return receipt requested.2.6. Any appeal by the claimant shall be brought in accordance with the provisions of W. Va. Code § 29A-5-4. The scope of the court's review of the final order shall be as provided in W. Va. Code § 29A-5-4. If the claimant does not appeal the final order within thirty days, it is final.