Current through Register Vol. XLI, No. 50, December 13, 2024
Section 204-1-9 - Review, Hearing, and Appeal9.1. Informal review -- Whenever any person is aggrieved by any action of the Authority, the person may at any time request an informal review of the Authority's action by the Executive Director. The request for an informal review shall be submitted in writing and shall include any evidence the petitioner believes to be relevant to the issue. The Executive Director shall, within 15 days of receipt of the request, review the evidence submitted and the action of the Authority and shall determine whether or not the Authority's action was proper and justified, was taken with respect to the correct individual, and is in accordance with applicable laws and these rules. The Executive Director shall prepare a written decision and mail a copy to the petitioner within 25 days of receipt of the petitioner's request for review. This review does not constitute a hearing; is not a prerequisite to a hearing request; or is a final order appealable under the provisions of W. Va. Code § 29A-5-4.9.2. Formal review -- As an alternative, or in addition, to the informal review by the Executive Director, an aggrieved person may request a formal hearing before the Authority. The hearing shall be conducted in accordance with the requirements of W. Va. Code §29A-5 (State Administrative Procedures Act) and in accordance with the following rules: 9.2.a. The request for a hearing shall be made in writing to the Executive Director within 60 days of the date of the Authority's action that is being questioned.9.2.b. The Authority shall hold the hearing within 30 days after the receipt of a written request for a hearing, unless the hearing is delayed upon the written request of the petitioner.9.2.c. The hearing shall be conducted at a time and at a location within the Hatfield-McCoy enforcement area designated by the Executive Director. The Executive Director will attempt to cooperate with the petitioner in selecting a time and place for the hearing that is most convenient for all parties. Written notice of the time and location of the hearing shall be given to the petitioner at least ten days prior to the hearing, unless the petitioner waives this notice requirement in writing. The petitioner shall be granted one postponement of the hearing date and may, with good cause, be granted additional postponement in the discretion of the Executive Director.9.2.d. Either the Executive Director or a duly authorized agent of the Executive Director shall act as the hearing officer.9.2.e. The issue before the hearing shall be whether or not the Authority's action is proper and justified, is taken with respect to the correct individual, and is in accordance with applicable laws and these rules.9.2.f. An opportunity shall be afforded for all parties to present evidence and arguments with respect to the matters and issues involved. A record of all evidence and testimony will be maintained so that a complete written report can be transcribed and assembled if necessary for a judicial review.9.2.g. The petitioner may respond and participate in the hearing either in person, through legal counsel, or solely through telephonic communications if his attendance through counsel or in person is impracticable. Testimony may be taken from witnesses in person or by telephonic communications, provided that no testimony shall be taken by telephone until the person giving testimony has been advised and has agreed that the testimony will be recorded. Documents may be transferred in the course of the hearing through electronic means of communication, in the discretion of the hearing officer.9.2.h. Within 30 days after the hearing, the hearing officer shall issue a finding and the reasons for the finding that either upholds or reverses or modifies the Authority's action. The Authority shall immediately send written notice of the finding to the petitioner and shall take such action, if any, as is required to comply with the finding.9.2.i. The finding of the hearing officer constitutes a final order of the Authority which is appealable under the provisions of W. Va. Code § 29A-5-4.9.3. Whenever any person is aggrieved by the final action of the Authority following a hearing, the person may appeal pursuant to the provisions of W. Va. Code § 29A-5-4.9.4. In the sole discretion of the Executive Director, the action of the Authority may be temporarily stayed during the time when a hearing before the Authority or a judicial appeal is pending. Upon written request of the petitioner made to the Executive Director and for good cause shown, the Executive Director is authorized to take necessary and appropriate action to temporarily stay the Authority action that is the subject of the hearing or appeal.