W. Va. Code R. § 40-1-5

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

Section 40-1-5 - Hearings before the Board

5.1. The provisions of this section apply to the following hearings:

5.1.a. Petitions brought by citizens for the removal of an inspector under section two, article seven, chapter twenty-two-c of the West Virginia Code;

5.1.b. Appeals by inspectors of level two grievances and suspensions or dismissals made by the Chief under section two, article one, chapter twenty-two-c of the West Virginia Code; and

5.1.c. Appeals of the striking of any candidate's name from the register by the Secretary under section one, article seven, chapter twenty-two-c of the West Virginia Code.

5.2. All hearings under this section will be initiated by appeal or petition pursuant to sections one and two, article seven, chapter twenty-two-c.

5.3. Summary disposition. -- At the time of filing, the Board may summarily dispose of the petition on any of the following grounds:

5.3.a. The petitioner, inspector, supervising inspector. Secretary or Chief, has no right for review;

5.3.b. The Board lacks jurisdiction over the petition or appeal so filed;

5.3.c. The petitioner or appellant has failed to appear at the time and place for the hearing;

5.3.d. The petitioner or appellant has withdrawn or abandoned the request for a hearing; and

5.3.e. The petition or appeal, if all the alleged facts were true, would not warrant removal under section two, article seven, chapter twenty-two-c of the West Virginia Code or revocation of the action taken by the Secretary or Chief When the Board summarily disposes of a petition or appeal it shall notify all interested parties in writing.

5.4. Notice to interested parties. -- Notice will be sent to all Board members, petitioners, appellants and persons named in the petition or appeal by registered mail. Such notice shall contain a copy of the petition or appeal, and the time, date and place of the hearing, which date shall not be less than fifteen (15) days and not more than thirty (30) days after receipt of the petition or appeal by the Secretary or Chief

5.5. Filing.

5.5.a. Where to file - Any petitions or appeals filed will be filed with the Secretary or Chief at the Office of Oil and Gas 601 57* Street SE, Charleston, WV 25304.

5.5.b. How to file - All filing will be accomplished by personal delivery or certified mail.

5.5.c. When filing is effective - Filing is effective upon delivery.

5.6. Presiding officer. -- The Chairman or any other member selected by the Board pursuant to section two, article seven, chapter twenty-two-c shall preside over any hearing conducted pursuant to this section.

5.7. Powers of the presiding officer. -- The presiding officer may:

5.7.a. Administer oaths and affirmations;

5.7.b. Issue subpoenas in accordance with the provisions of section one, article five, chapter twenty-nine-a of the West Virginia Code;

5.7.c. Rule upon offers of proof and receive relevant evidence;

5.7.d. Permit evidentiary depositions to be taken and read as in civil actions in the circuit courts of this state;

5.7.e. Permit discovery depositions;

5.7.f. Regulate the course of a hearing;

5.7.g. Dispose of procedural requests or similar matters;

5.7.h. Hold conferences for the settlement or simplification of the issues with the consent of the parties; and

5.7.i. Take any other action in cornnection with such hearing authorized by law.

5.8. Representation at hearings. -- At hearings held pursuant to this section, any party may represent himself or herself or be represented by an individual of his or her choice.

5.9. Conduct of hearing

5.9.a. Conduct of attorneys and individuals before the Board shall be the same as required of attorneys before the Circuit Courts of the State of West Virginia. Any person testifying in response to a subpoena or subpoena duces tecum issued by a presiding officer and any person testifying in support of a petition or in opposition thereto shall be required to do so under oath or affirmation administered by the presiding officer. Witnesses shall be examined with courtesy and respect, and their good faith shall be presumed.

5.9.b. Electronic recording of any hearing is prohibited except as may be required by the Board for preserving a record thereof for the use of the Board in connection with the matter being heard. The taking of photographs in or broadcasting of proceedings from any hearing room is prohibited.

5.9.c. A transcript of testimony shall be taken and preserved as part of the permanent record. Parties may examine the official transcript.

5.10. Hearings held confidential. -- Hearings under this procedure will be held confidential unless so released by the person named in the petition or directed by a court order.

5.11. Written orders.

5.11.a. Within thirty (30) days after the conclusion of a hearing the Board shall consider the evidence and any proposals and issue a written order which will include:

5.11.a.1. A copy of the petition or appeal;

5.11.a.2. A statement of whether the petition or appeal is found to be justified; and

5.11.a.3. A statement of the appropriate action to be taken upon said petition or appeal.

5.11.b. A copy of said order shall be served on all parties of record.

W. Va. Code R. § 40-1-5