Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-3-10 - Suspension or Revocation of a Permit to Operate; Condemnation of a High-Pressure Steam Boiler or Forced Flow Steam Generator10.1. The Commissioner, inspector or special inspector may suspend or revoke a permit to operate when the high-pressure steam boiler or forced flow steam generator for which it was issued cannot be operated without menace to the public safety, or when the boiler or generator is not in compliance with the Act or this rule. 10.2. The suspension or revocation of a permit to operate shall continue in effect until an inspector or special inspector has determined that the high-pressure steam boiler or forced flow steam generator has been brought into compliance with the Act and this rule and until the Permit to Operate has been reinstated by the Commissioner. 10.3. The Commissioner, an inspector or special inspector shall condemn a high-pressure steam boiler or forced flow steam generator if, upon inspection, the boiler or generator is found to be in a condition in which it is unsafe to operate.10.4. If the boiler or generator owner or operator contests the Commissioner's condemnation, he or she may, within 5 days of receipt of notification of the condemnation, file a written appeal to the Commissioner, setting forth the reasons for contesting or objecting to the condemnation. 10.5. If the high-pressure steam boiler or forced flow steam generator owner or operator timely files an appeal, the boiler or generator shall not be operated pending the Commissioner's review of the appeal. 10.6. Upon receipt of an appeal filed by a high-pressure steam boiler or forced flow steam generator owner or operator, the Commissioner may conduct the appeal hearing himself or herself or may designate or appoint a Division employee or a hearing examiner to conduct the appeal hearing. 10.7. The Commissioner shall cause a written Notice of Hearing to be served on the high-pressure steam boiler or forced flow steam generator owner or operator by email, by certified mail, return receipt requested, or by personal service, at least 10 days prior to the date of the hearing. The Notice of Hearing shall include the following: 10.7.a. The date, time and location of the hearing;10.7.b. A short and plain statement regarding the reasons for the condemnation; 10.7.c. The right of the high-pressure steam boiler or forced flow steam generator owner or operator to be represented by an attorney at law licensed to practice in WV, at his or her own expense; and 10.7.d. The right to present evidence, and to examine and cross-examine witnesses.10.8. The Commissioner shall cause the hearing to be recorded by electronic or other means so as to preserve the witnesses' testimony. 10.9. At the conclusion of the hearing, the Commissioner shall consider the testimony and evidence introduced at the hearing. 10.10. The Commissioner shall notify the high-pressure steam boiler or forced flow steam generator owner or operator in writing within 15 days of the conclusion of the appeal hearing concerning his or her decision on the appeal of the condemnation, to be served by email by certified mail, return receipt requested, or by personal service, and shall notify the inspector regarding any appeal rights he or she may have concerning the Commissioner's decision. 10.11. No high-pressure steam boiler or forced flow steam generator shall be operated in this state if the boiler or generator has been condemned for further use in this or any other State by an inspector or special inspector.