Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-1-3 - Administrative Hearings; Notice; and Place3.1. All administrative hearings conducted pursuant to this rule will be held in accordance with the provisions of West Virginia Code, §29-A-5-1 et seq., and with the provisions of this rule. In any particular case, any special conditions which are set forth in the act or in other rules promulgated by the secretary and which are applicable to that case will be adhered to during administrative hearings in lieu of any contrary provision in this rule.3.2. Unless waived by all parties to the hearing and by the secretary, all hearings shall be preceded by at least 10 days written notice, calculated from the date of delivery or mailing of such notice. The notice shall be given either personal delivery thereof to the person or to the entity to be notified or by depositing such notice in the regular United States mail, postage prepaid, in an envelope addressed to such person or other entity at the last known address of such person or other entity. Proof of the giving of notice in either such manner may be made by the affidavit of any officer or assistant or employee of the secretary, or by affidavit of any person over 18 years of age, naming the person or other entity to which or to whom such notice was given and specifying the time, place and manner of giving thereof. If regular United States mail is used, the notice will be presumed delivered unless returned by fee Postal Service as unclaimed.3.3. Notice of the hearing and service of any document or order shall be upon the parties of record except that any party who is represented by an attorney shall be deemed to have designated that attorney as the proper recipient of all such notices, documents, or orders and service upon that attorney will be equivalent for all purposes as service upon the party. Notice shall be complete if the written notice is served or delivered to the intended recipient and is either accepted or refused by that recipient. Similarly, notice shall be complete if the written notice is sent by regular United States mail, postage prepaid, to the recipient at the last known address, and the notice is not returned by the Postal Service as unclaimed.3.4. The notice in subsection 3.2 of this rule shall contain the date, time, and place of the hearing and a short and plain statement of the matters asserted. If the secretary is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issued involved. Thereafter, upon application by a party a more definitive and detailed statement shall be furnished.3.5. The hearing shall be held in the county selected by the secretary. Hearings may be held by electronic means.