Current through Register Vol. XLI, No. 50, December 13, 2024
Section 156-1-2 - Definitions2.1. All terms defined in W. Va. Code § 6C-2-2 shall have the meanings therein ascribed to them for the purpose of these rules. All other terms shall have the following meanings.2.1.1. "Certificate of Service" means a certification by a party that on the stated date, the party has hand-delivered, or placed in the United States Postal Service mail, postage pre-paid, in a properly addressed envelope, a true copy of the document the party is filing with the Board, for the other parties, or their representatives, at their last known address.2.1.2. "Conference" is an informal meeting between the grievant and the chief administrator or grievance. The chief administrator may permit other individuals to attend and participate in the conference, as needed, to reach a resolution.2.1.3. "Evidence" is any of the means through which an alleged fact is either proven or disproven, and includes testimony given under oath and documents.2.1.4. "File" or "filing" means to place the grievance form in the United States Postal Service mail, addressed to: (1) the Board's main office at 1596 Kanawha Boulevard, East, West Virginia 25311, and (2) the agency's chief administrator. If applicable, a third copy shall be sent to the Division of Personnel. A grievance may also be filed by hand-delivery or by facsimile transmission to the appropriate office. Date of filing will be determined by United States Postal Service postmark. All grievance forms shall be date stamped when received. Grievance forms may not be filed by interdepartmental mail. The key to assessing whether a grievance is properly filed is substantial compliance with the statute and rules. Within two days of receipt, the Board will e-mail the grievance docket number to the chief administrator.2.1.5. "Hearing" is a relatively formal proceeding in which witnesses and parties are entitled to be heard and evidence is submitted through witnesses and documents. A hearing is recorded by mechanical means. Guidelines for conducting Level One hearings can be found on the Board's website.2.1.6. "Motion" means an oral or written request for a ruling or order by an administrative law judge.2.1.7. "Service" or "Serve" means personal delivery, facsimile transmission, or delivery by first class United States Postal Service mail, postage prepaid and addressed to the person to be served at the person's last known address. This section does not apply to subpoenas and subpoenas duces tecum. A Certificate of Service by the person making the service is to be attached to every document requiring service under these rules, indicating that copies have been served on all parties to the grievance or their representatives. Every document filed with the Board shall be served on all other parties in the manner described above.2.1.8. "Subpoena" means an official document, issued by an administrative law judge in accordance with the West Virginia Administrative Procedures Act, W. Va. Code § 29A-5-1, et seq., requiring the appearance of an individual at a given time and place.2.1.9. "Subpoena duces tecum" means an official document requiring that an individual named to appear at a given time and place must bring a specific document or documents.