Current through Register Vol. XLI, No. 50, December 13, 2024
Section 87-6-12 - Procedures for Withdrawal, Suspension or Revocation of Certification or Recognition12.1. Notice - If the Commission determines that there is probable cause to believe a violation of standards has occurred and that a hearing is necessary to resolve the issues alleged, the Chairman of the Commission shall schedule a hearing upon the matters alleged against the local fire department. The State Fire Marshal shall prepare a short, plain statement of the matters to be considered at the hearing and shall prepare a written notice advising the local fire department of the date, time, and location of the hearing. The notice and statement of the State Fire Marshal shall be served upon the local fire department by personal delivery upon an officer of the department or by registered or certified mail addressed to the mailing address of the department as shown on the department's application for certification. A copy of the statement of charges shall also be provided to the local government entity having jurisdiction over the area served by the local fire department.12.2. Parties - The State Fire Marshal or his authorized representative shall have the responsibility of presenting the case in support of the complaint, or the case on behalf of the Commission if the Commission has initiated the investigation. The local fire department shall be named as the respondent in the proceedings and may appear by the authorized representative of the department, or by counsel, or both. These parties shall be the primary participants in the case, but the Commission may, at its discretion, allow the participation of any other party as an intervenor in the proceeding, upon written motion by such party and upon a showing that such party has a substantial interest in the proceeding that is not likely to be represented by the other parties in the case.12.3. Hearing - The Commission has the discretion to determine the time, location and duration of any hearing brought pursuant to the provisions of this rule. Hearings shall be open to the public and may be conducted before the full Commission or the Chairman may, at his discretion, designate a member to serve as a hearing examiner to conduct a hearing on behalf of the Commission. Alternatively, the State Fire Commission may authorize and empower an impartial attorney to serve as a hearing examiner. When a hearing examiner is so designated or authorized, that person shall have full authority to conduct the proceedings and may exercise all powers listed in West Virginia Code § 29A-5-1(d). At any point in the proceedings, the Commission may choose to invoke one of the remedial alternatives described in subdivision 10.3.b. of this Rule to resolve and dispose of the matter.12.4. The State Fire Marshal shall have the burden of proving the matters alleged against the local fire department by a preponderance of evidence.12.5. Decision and Order - The decision of the Commission shall be reduced to a written order and shall become final upon service of the order upon the local fire department by registered or certified mail. Any decision of the Commission, disposing of a complaint against a local fire department in any manner, shall also be served by certified mail upon the complainant and upon the local government entity having jurisdiction over that fire department.