Current through Register Vol. XLI, No. 50, December 13, 2024
Section 87-6-9 - Complaints and investigations9.1. The procedures established in this rule for the investigation and disposition of complaints apply only to complaints falling within the State Fire Commission's authority and administrative function to certify and formally recognize local fire departments. These procedures do not apply to investigations by the State Fire Marshal of alleged crimes or suspected criminal activity, conducted under the authority of W. Va. Code § 15A-10-3.9.2. In proceedings involving the investigation and review of complaints against a local fire department or its members, the Commission shall act as the adjudicatory body determining whether evidence supports the complaint. The State Fire Marshal shall act as the investigating officer and the party presenting the facts regarding the complaint before the Commission.9.3. Any person may make a complaint regarding a local fire department, including the State Fire Marshal, or a member of the Commission or the Commission's staff. Complaints must be made in writing and the Commission may provide a form for the purpose of submitting a complaint, but a complaint may be filed in any form as long as it is made in writing, signed by the complainant, and submitted to the Commission at its business office.9.4. Upon receipt of a written complaint, the Commission will log and assign a number to the complaint. The complaint will then be delivered to the State Fire Marshal for investigation. The Fire Marshal shall have 7 days to review the complaint to determine if it describes any violation of the requirements or responsibilities of a local fire department.9.4.1. If the State Fire Marshal determines that there is no violation described, he or she shall notify the complainant of this determination and that he or she will recommend that the Commission dismiss the complaint at its next meeting. The State Fire Marshal will have no duty to investigate further unless the complainant amends or updates the allegations. In providing notice to the complainant pursuant to this subsection, the State Fire Marshal shall advise the complainant of the date and time of the next meeting of the State Fire Commission in which the Commission will take up the complaint.9.4.2. If the State Fire Marshal determines that the complaint appears to describe conduct regulated by the standards for local fire departments or describes a violation of law for which the Commission has the authority to sanction a local fire department, then the Fire Marshal shall either begin an investigation of the allegations stated in the complaint or, when the complaint involves a fire department administered by a municipality as an administrative unit of the municipal corporation, refer the complaint to the governing body having supervisory or administrative authority over the fire department identified in the complaint.9.5. No provision of this rule shall restrict the State Fire Marshal from investigating additional violations if, in the course of his investigation of the original complaint, the State Fire Marshal becomes aware of evidence that indicates that other violations of law may have occurred.9.6. In addition to the foregoing provisions, the Commission may, upon its own motion, initiate a complaint and cause the State Fire Marshal to conduct an investigation of a local fire department.9.7. If the State Fire Marshal determines, pursuant to subsection 9.4. of this rule, that an investigation is necessary, the State Fire Marshal shall forthwith send written notice to the local fire department identified in the complaint that an investigation will be initiated and shall include a statement of the substance of the allegations in the complaint. For purposes of this section, a notice to the local fire department shall be directed to the chief of the local department and to the secretary or other officer authorized to respond to official correspondence and it shall be served by any method of mail or package delivery that provides dated proof of delivery. The State Fire Marshal shall also inform the local governmental authority having jurisdiction over the fire department or its fire service district of the complaint and the nature of the violations alleged. The local fire department shall have 30 days to prepare a response or answer to the complaint, but the State Fire Marshal may proceed with investigation of the complaint during such interval.9.8. The State Fire Marshal shall make such investigation as is reasonably necessary to ascertain whether the local fire department has violated any of the requirements or responsibilities of a local fire department. At the conclusion of the investigation, the State Fire Marshal shall make a report to the Commission as to whether there is probable cause to believe that any violation has occurred and, in the event that any violation is believed to have occurred, the report shall briefly identify the nature of the violation or violations. The findings of the State Fire Marshal shall be logged with the original complaint and served upon the local fire department at least 30 days in advance of any meeting of the Commission in which the report of the State Fire Marshal may be considered.9.9. The local fire department may respond in writing to the report of the State Fire Marshal and this response, together with the department's original response to the complaint, shall be delivered to the Commission along with the report of the State Fire Marshal. When the report and responses are to be considered at a meeting of the Commission, the local fire department may appear and make an oral presentation to the Commission.9.10. If the Commission finds that there is probable cause to believe that a violation has occurred, the Commission shall enter an order to that effect and serve a copy of the order upon the local fire department and the local government agency having jurisdiction over the fire department. A probable cause order serves only as a formal charge and, in the absence of any other order, it shall have no effect other that to trigger the local fire department's right to a hearing as provided in subsection 10.1. of this rule.