W. Va. Code R. § 85-24-12

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

Section 85-24-12 - Administrative Protests and Hearings

12.1. Protest. An aggrieved loss management service provider or employer may protest any order, decision, designation or redesignation made under the provisions of this rule.

12.2. Petition. In order to preserve its right to protest, the loss management service provider must file a written petition with the commission, stating the order or decision protested and the exact nature of the issue in controversy. In the written petition, the loss management service provider must designate a person or entity to receive official notices related to the protest and the loss management service provider must provide the address of the person or entity. The written petition must be received by the commission within thirty (30) days after the loss management service provider receives notice of the objectionable order or decision or within sixty (60) days of the date of the objectionable order or decision, regardless of notice. This period may not be extended or waived.

12.3. Acknowledgment. Within thirty (30) days after receiving the written protest, the commission shall issue a notice acknowledging the protest and providing an opportunity for hearing. Filing of a written protest temporarily stays the order or decision protested until a decision is rendered on such protest by a hearing examiner: Provided that, such temporary stay shall not exceed ninety (90) days from the date of the order or decision protested unless the loss management service provider is not provided an opportunity for hearing within that ninety (90) day period, in which case the temporary stay shall not exceed that date which the loss management service provider is provided an opportunity for hearing.

12.4. Subsequent administrative hearing proceedings shall be in accordance with 85 C.S.R. 7 "Rules for Selected Hearings."

W. Va. Code R. § 85-24-12