Current through Register Vol. XLI, No. 50, December 13, 2024
Section 91-13-9 - Administrative Due Process9.1. Any person adversely affected by an order made and entered by the Commissioner in accordance with the provisions of W. Va. Code § 17A-3-3 or Chapter 17D of the W. Va. Code and this legislative rule, may request a hearing if specifically allowed by Chapter 17D of the W. Va. Code by filing a written notice with the Division in person, or by certified mail, return receipt requested. The person must request a hearing within ten (10) days from the date on which the registered or certified mail receipt for the order of revocation was signed. However, in cases when the registered or certified mail is not signed for, the provisions of W. Va. Code § 17A-2-19 apply which provide that the giving of notice is complete upon expiration of four (4) days after deposit of the notice in the United States mail.9.2. The notice requesting a hearing must contain a description of the order upon which a hearing is requested, and the grounds upon which it is asserted that the order should be vacated or modified. The scope of the hearing is limited to questions of identity or whether there was the required liability insurance upon the vehicle on the date and time in question.9.2.1. Hearing requests that assert grounds outside the scope of the hearing designated in subdivision 2 shall be denied by the Division.9.2.2. If the request for a hearing is denied, the Division will notify the person requesting the hearing at the address of record. If the return address provided on the request is different from the address of record, the Division will also notify the person at that return address.9.3. The motor vehicle owner has the burden of showing that liability insurance coverage was in effect at the time in question and therefore, shall make the initial presentation of evidence. At the conclusion of the vehicle owner's presentation, the Division shall have an opportunity to present evidence. All parties have the right to cross-examine witnesses.9.4. Any party adversely affected by the final order of the Commissioner may petition the appropriate circuit court for judicial review in accordance with W. Va. Code § 29A-5-4.