W. Va. Code R. § 85-11-17

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

Section 85-11-17 - Placement on Workers' Compensation Default List; Due Process and Hearing

17.1. When the Commissioner is made aware that an employer is in default, the Commissioner shall send the alleged default employer a notice informing the employer of the circumstances causing the employer to be in default and that the employer will be placed on the Default List within fifteen (15) days of the date on the letter. The notice shall also inform the employer that the employer may request an expedited administrative hearing before the Commissioner if the employer believes that the impending action by the Commissioner is factually or legally erroneous.

17.2. A request for an expedited administrative hearing, as described in subsection 17.1 of this section, shall clearly identify why the employer believes the Commissioner's impending action of placing it on the Default List is legally or factually erroneous. Upon receiving the request, the Commissioner shall, within ten (10) business days, hold a hearing which shall be conducted in accordance with the provisions of W. Va. Code § 29A-5-1, et seq., and 85CSR7 §§4 through 10. A continuance shall only be granted upon the showing of good cause. An appeal from a final decision of the Commissioner shall be taken in accordance with the provisions of articles five and six [§ 29A-6-1, et seq.] of said chapter: Provided, That all appeals shall be taken to the Circuit Court of Kanawha County.

17.3. If an employer files a request for an expedited hearing pursuant to subsections 17.1 and 17.2 of this section, the fifteen (15) day time frame for placing the employer on the Default List shall be stayed until the Commissioner's final order upon the expedited hearing is issued, the request is withdrawn or the matter is otherwise resolved.

17.4. If the final decision of the Commissioner following the hearing upholds the original decision to place the employer on the Default List, the employer shall immediately be placed on the Default List.

17.5. The administrative appeal process described in this section does not interfere with or toll a workers' compensation carrier's right to terminate the employer's West Virginia workers' compensation coverage. The workers' compensation carrier's right to terminate an employer's West Virginia workers' compensation coverage is based upon the provisions of the insurance policy and the applicable law in chapters twenty-three and thirty-three of the West Virginia Code and the rules promulgated thereunder.

W. Va. Code R. § 85-11-17