W. Va. Code R. § 65-21-9

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-21-9 - Stays and Extensions of Review Periods
9.1. At any time during the board's review of an application, the board may grant the applicant's request that the running of the review period be stayed. An application under review and stayed at the request of the applicant for a total period exceeding one hundred eighty (180) days during any review period is considered withdrawn, and a new letter of intent and application must be filed if the applicant desires to pursue the project.
9.2. Upon a finding by the board that it would not be practicable to complete the review of an application within the time provided by this rule, the board may extend the review process for up to an additional thirty (30) days. All applications within the batching category that are in the same review cycle shall be similarly extended.
9.3. Situations which would make it impracticable for the board to complete its review within the time provided by this rule include, but are not limited to the following:
9.3.1. A project is of such a comprehensive nature that to review it within the time provided by this rule would not do justice to the applicant or to the population which the proposed project would serve;
9.3.2. Additional information has been requested from the applicant and the applicant has failed to provide the information to the board in the time frame directed by the board; and,
9.3.3. Weather conditions or other natural disasters have prevented the review process from taking place in a timely manner.
9.4. If the board grants a stay or issues an extension of the review period, it may also extend the file closing date. If the file closing date has already passed when the stay is imposed or the review is extended, the board may reopen the file and reestablish the file closing date.
9.5. If a public hearing is rescheduled, a file closing date is extended or reestablished, or a stay or extension is placed on a review, the board shall notify all affected persons.

W. Va. Code R. § 65-21-9