Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-11-7 - Requests For Hearings And Reconsideration Hearings7.1. In the event that an affected person requests a hearing or a reconsideration hearing on any exemption provided for by this rule, the exemption review period shall be terminated. A hearing shall then be held within thirty (30) days of the request for a hearing unless the state agency sets a later date upon a showing of good cause therefor. 7.2. The state agency may conduct a prehearing conference in accordance with Rule 16 of the West Virginia Rules of Civil Procedure. If an order is first obtained from the state agency or a hearing examiner appointed by it, the parties may engage in discovery as provided by the West Virginia Rules of Civil Procedure; except that the scope of discovery shall be limited to relevant and admissible evidence.7.3. Except as otherwise provided in this rule, at the conclusion of the hearing, the parties may submit proposed findings of fact, conclusions of law, and legal briefs. The state agency shall then have twenty (20) days from the receipt of those items or the closure of the record if those items are not tendered to make its determination in writing. 7.4. Except as otherwise provided in this rule, upon receipt of a verified claim for an exemption, the state agency shall cause a notice to the public to be issued of that claim. The notice shall identify the applicant and shall describe the proposal. The notice shall be published as part of the state agency's legal advertisement in the Saturday Charleston newspapers and shall be included in the state agency's weekly newsletter and in the publication in the State Register. 7.5. Notice of a section 4.1 verified claim shall be in such form and manner as the state agency can reasonably provide and may include a post-decision notice containing the information described in subsection 7.4 of this rule.