W. Va. Code R. § 177-1-10

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

Section 177-1-10 - Administrative Review

10.1. Administrative Review. -- Any licensee subject to a suspension, penalty, or any enforcement action issued by the Commission, shall have a right to administrative review. The licensee must request the administrative review in writing within twenty (20) days of receipt of the notice of the suspension, penalty or enforcement action from the Commission. The request must be served on the Commission via certified mail, return receipt requested. The Commission may hear the appeal itself or appoint a hearing examiner to conduct an inquiry into the events which caused the suspension, penalty or enforcement action. The hearing shall be conducted within twenty (20) days of the date on which the Commission received the request for administrative review unless good cause is shown to continue the hearing to a later date. Both the licensee and the Commission may agree to conduct the hearing at a later date.

10.2. Hearing Examiner. -- The hearing examiner must submit proposed findings of fact and conclusions of law to the Commission within twenty (20) days of conducting the hearing unless both parties agree otherwise. The Commission shall issue its final decision within ten (10) business days of receiving the hearing examiner's proposed findings of fact and conclusions of law. The Commission may accept the hearing examiner's proposed decision, modify hearing examiner's proposed decision, or make its own decision based upon the record from the hearing.

10.3. Commission. -- If the Commission decides to conduct the administrative hearing itself, it shall issue its decision within twenty (20) days of conducting the administrative hearing.

10.4. Judicial Review. -- Judicial review of the Commission's decision shall be subject to the contested cases provisions of the WV Administrative Appeals Act set forth in W. Va. Code § 29-5A-4.

W. Va. Code R. § 177-1-10