W. Va. Code R. § 61-38-15

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

Section 61-38-15 - Hearings

15.1. If a violator requests an informal hearing or the Commissioner schedules an informal hearing, the compliance officer shall schedule a hearing in accordance with the following procedures:

15.1.a. The compliance officer shall notify any authorized representative of the Commissioner who was involved in the inspection which discovered the violation which is the subject of the hearing, and the violator of the time and place of the informal hearing;

15.1.b. The compliance officer shall notify the parties at least ten (10) business days prior to the time of the hearing; and

15.1.c. The compliance officer may continue the informal hearing only for good cause shown.

15.2. An informal hearing is intended to be an information discussion of the facts which gave rise to the issuance of a notice of violations. The hearing officers shall conduct the hearing in the following manner:

15.2.a. The hearing officer shall not discuss the case "ex parte" with either the compliance officer or other WVDA employees involved in the case.

15.2.b. All testimony and evidence at a hearing shall be recorded. The record shall be maintained for ninety (90) days from the date of the hearing, and the WVDA shall make a transcript of the hearing available to the aggrieved party.

15.2.c. Within thirty (30) days following the informal hearing, the hearing officer shall issue and furnish a written decision affirming or dismissing the initial notice of violation and reason(s) for his or her decision.

15.3. Any party who feels aggrieved of the suspension, revocation, or denial order of a license may appeal within sixty (60) days to the circuit court of the county in which the violator has located its principal place of business.

15.4. At any formal review proceedings which may occur later, any evidence, as to any statement made by one party at the informal hearing, may not be introduced as evidence by another party, nor may any statement be used to impeach a witness, unless the statement was available as competent evidence independent of its introduction during the informal hearing.

W. Va. Code R. § 61-38-15