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WV Code § 22A-11-1 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 11. Mine Safety Technology|§22A-11-1. Legislative Findings, Purposes and Intent

The Legislature hereby finds and declares:(1) That the first priority and concern of all persons in the coal mining industry must be the health and safety of its most precious resource - the miner;(2) That in furtherance of this priority, the provisions of article two of this chapter are designed to protect the health and safety of this State’s coal miners by requiring certain minimum standards for, among other things, certain health and safety technology used by each underground miner;(3) That the proper implementation of this technology in West Virginia’s underground mines would benefit from the specialized oversight of persons with experience and competence in coal mining, coal mine health and safety and the expanding role of technology; and(4) That, in furtherance of provisions of this section, it is the intent of the Legislature to direct that the Board of Coal Mine Health and Safety, on a continuous basis, evaluate and study issues relating to the commercial availability and functional and operational capability of existing and emerging technologies in coal mine health and safety, as well as issues relating to the implementation, compliance and enforcement of regulatory requirements governing the technologies.
WV Code § 22A-11-2 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 11. Mine Safety Technology|§22A-11-2. Mine Safety Technology Task Force Abolished and Duties Imposed Upon the Board of Coal Mine Health and Safety

(a) The Mine Safety Technology Task Force hereby abolished. All duties and responsibilities imposed upon the Mine Safety Technology Task Force are transferred and hereby imposed upon the Board of Coal Mine Health and Safety. On the effective date of the reenactment of this article and section of the code, all equipment and records necessary to effectuate the purposes of this article shall be transferred to the Board of Coal Mine Health and Safety.
WV Code § 22A-11-4 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 11. Mine Safety Technology|§22A-11-4. Approval of Devices

Prior to approving any protective equipment or device that has been evaluated by the board pursuant to the provisions of subsection (b), section three of this article, the director shall consult with the board and review any applicable written reports issued by the board and the findings set forth in the reports and shall consider the findings in making any approval determination.
WV Code § 22A-11-5 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 11. Mine Safety Technology|§22A-11-5. Existing State Rules to Be Revised

By August 31, 2017, all existing state rules promulgated pursuant to the authority of this chapter shall be revised to reflect the changes in this chapter enacted by the Legislature during the 2017 regular session.
WV Code § 22A-12-1 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 12. Underground Accident Investigations|§22A-12-1. Report on Enforcement Procedures

The director shall, by December 31, 2013, report to the Legislature and Governor on the need for revisions in the state's underground mine safety enforcement procedures. The director shall initiate the study using appropriate academic resources and mining safety organizations to conduct a program review of state enforcement procedures to evaluate what reforms will assure that mining operations follow state-mandated safety protocols. The report shall include recommended legislation, rules and policies, consider various options for improving inspections, accountability and equitable and timely administrative procedures that cause remediation of hazardous working conditions.
WV Code § 22B-1-1 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-1. Declaration of Policy and Purpose

It is hereby declared to be the policy of this state and the purpose of this chapter to provide fair, efficient and equitable treatment of appeals of environmental enforcement and permit actions to the boards set forth herein.It is also the intent of the Legislature to consolidate and combine the legal, technical and support personnel of the three boards, to provide for consistent appellate processes and to maintain continuity of the boards’ functions and membership. The boards shall share physical facilities, hearing rooms, technical and support staff and general overhead. In addition, it is the policy of this state to retain and maintain adequate funding and sufficient support personnel to ensure knowledgeable and informed decisions.It is the policy of this state that administrative hearings and appeals be conducted in a quasi-judicial manner providing for discovery and case management. The appellate functions of the several environmental boards should be accomplished with similar procedural rules designed to assure expeditious and equitable hearings and decisions. Further, there shall be a central depository for appellate information and the filing of appeals. It is also the policy of this state that the rule-making authority set forth in this chapter be implemented in an efficient manner consistent with the public policy of this state.Furthermore, it is the intent of the Legislature that all actions taken pursuant to this chapter assure implementation of the policies set forth in this chapter and chapter twenty-two of this code.
WV Code § 22B-1-2 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-2. Definitions

Unless the context clearly requires a different meaning, as used in this chapter the following terms have the meanings ascribed to them:(1) “Board” or “boards” means the applicable board continued pursuant to the provisions of this chapter, including the air quality board, the environmental quality board and the surface mine board;(2) “Chief” means the chief of the office of water resources or the chief of the office of waste management or the chief of the office of air quality or the chief of the office of oil and gas or the chief of the office of mining and reclamation or any other person who has been delegated authority by the director, all of the Division of Environmental Protection, as the case may be;(3) “Director” means the director of the Division of Environmental Protection or the director's designated representative;(4) “Division” means the Division of Environmental Protection of the Department of Commerce, labor and environmental resources;(5) “Member” means an individual appointed to one of the boards or the ex officio members of the air quality board; and(6) “Person” or “persons” means any public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; the State of West Virginia; governmental agency; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any other legal entity whatever.
WV Code § 22B-1-3 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-3. General Administration

(a) The chairs of the boards shall exercise the following powers, authorities and duties:(1) To provide for the management of facilities and personnel of the boards;(2) To employ, terminate and compensate support staff for the boards and to fix the compensation of that staff, which shall be paid out of the State Treasury, upon the requisition of moneys appropriated for such purposes, or from joint funds as the chairs may expend;(3) To the extent permitted by and consistent with federal or state law, to consolidate, combine or contribute funds of the boards to maintain the central physical facilities and technical and support personnel;(4) To the extent permitted by and consistent with federal or state law, to consolidate or combine any functions of the boards;(5) To secure funding with the assistance of the chairs from whatever source permissible by law;(6) To secure office space, purchase materials and supplies, and enter into contracts necessary, incident or convenient to the accomplishment of the purposes of this chapter;(7) To expend funds in the name of any of the boards; (8) To consult with the secretary of the Department of Commerce, labor and environmental resources, or the successor agency or office, or the director of the Division of Environmental Protection who shall cooperate with the chairs in order to effectuate the powers, authorities and duties set forth in this section;(9) To hire individuals, as may be necessary, to serve as hearing examiners for the boards; and(10) To provide for an individual to serve as the clerk to the boards.(b) The clerk to the boards has the following duties, to be exercised in consultation with the chairs:(1) To schedule meetings and hearings and enter all orders properly acted upon;(2) To receive and send all papers, proceedings, notices, motions and filings;(3) To the maximum extent practicable, and with the cooperation of the staff and hearing examiners, to assist the boards in the case management of appeals and proceedings;(4) To maintain records of all proceedings of the boards which shall be entered in a permanent record, properly indexed, and the same shall be carefully preserved for each board. Copies of orders entered by the boards, as well as copies of papers or documents filed with it, shall be maintained in a central location;(5) To direct and fulfill information requests subject to chapter twenty-nine-b of this code and subject to applicable confidentiality rules set forth in the statutes and rules; and(6) To perform such other duty or function as may be directed by the chairs to carry out the purpose of this chapter.(c) The boards shall establish procedural rules in accordance with the provisions of chapter twenty-nine-a of this code for the regulation of the conduct of all proceedings before the boards. To the maximum extent practicable, the procedural rules will be identical for each board. The procedural rules of the boards shall be contained in a single set of rules for filing with the Secretary of State.
WV Code § 22B-1-4 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-4. General Provisions Applicable to All Boards and Board Members

(a) Each member of a board, other than an ex officio member, shall be paid the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.(b) At its first meeting in each fiscal year each board shall elect from its membership a chair and vice chair to act during such fiscal year. The chair shall preside over the meetings and hearings of the board. The vice chair shall assume the chair’s duties in the absence of the chair. All of the meetings shall be general meetings for the consideration of any and all matters which may properly come before the board.(c) For the environmental quality board and the air quality board, a majority of each board is a quorum for the transaction of business and an affirmative vote of a majority of the board members present is required for any motion to carry or decision of the board to be effective. For the surface mine board four members is a quorum and no action of the board is valid unless it has the concurrence of at least four members. For all boards, in the event of a tie vote on the ultimate decision which is the subject of an appeal before the board, the decision of the chief or the director, as the case may be, shall be affirmed. Each board shall meet at such times and places as it may determine and shall meet on call of its chair. It is the duty of the chair to call a meeting of the board within thirty days on the written request of three members thereof.(d) In all cases where the filing of documents, papers, motions and notices with the board is required or a condition precedent to board action, filing with the clerk constitutes filing with the board.
WV Code § 22B-1-5 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-5. General Powers and Duties of Boards

In addition to all other powers and duties of the air quality board, environmental quality board and surface mine board as prescribed in this chapter or elsewhere by law, the boards created or continued pursuant to the provisions of this chapter have and may exercise the following powers and authority and shall perform the following duties:(1) To consider appeals, subpoena witnesses, administer oaths, make investigations and hold hearings relevant to matters properly pending before a board;(2) On any matter properly pending before it whenever the parties achieve agreement that a person will cease and desist in any act resulting in the discharge or emission of pollutants or do any act to reduce or eliminate such discharge or emission, or do any act to achieve compliance with this chapter or chapter twenty-two or rules promulgated thereunder or do any act to resolve an issue pending before a board, such agreement, upon approval of the board, shall be embodied in an order and entered as, and has the same effect as, an order entered after a hearing as provided in section seven of this article;(3) To enter and inspect any property, premise or place on or at which a source or activity is located or is being constructed, installed or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter or chapter twenty-two and the rules promulgated thereunder: Provided, That nothing contained in this section eliminates any obligation to follow any process that may be required by law; and(4) To perform any and all acts within the appropriate jurisdiction of each board to secure for the benefit of the state participation in appropriate federally delegated programs.
WV Code § 22B-1-6 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-6. General Procedural Provisions Applicable to All Boards

(a) Any appeal hearing brought pursuant to this chapter shall be conducted by a quorum of the board, but the parties may by stipulation agree to take evidence before any one or more members of the board or a hearing examiner employed by the board. For the purpose of conducting such appeal hearing, any member of a board and the clerk has the power and authority to issue subpoenas and subpoenas duces tecum in the name of the board, in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code. All subpoenas and subpoenas duces tecum shall be issued and served within the time and for the fees and shall be enforced, as specified in section one, article five of said chapter twenty-nine-a, and all of the provisions of said section one dealing with subpoenas and subpoenas duces tecum apply to subpoenas and subpoenas duces tecum issued for the purpose of an appeal hearing hereunder.(b) In case of disobedience or neglect of any subpoena or subpoena duces tecum served on any person, or the refusal of any witness to testify to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county in which the disobedience, neglect or refusal occurs, on application of the board or any member thereof, shall compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena or subpoena duces tecum issued from the court of a refusal to testify therein. (c) In accordance with the provisions of section one, article five of said chapter twenty-nine-a, all of the testimony at any hearing held by a board shall be recorded by stenographic notes and characters or by mechanical or electronic means. If requested by any party to an appeal, the hearing and any testimony offered shall be transcribed in which event the cost of transcribing shall be paid by the party requesting the transcript. The record shall include all of the testimony and other evidence and the rulings on the admissibility of evidence, but any party may at the time object to the admission of any evidence and except to the rulings of the board thereon, and if the board refuses to admit evidence the party offering the same may make a proffer thereof, and the proffer shall be made a part of the record of the hearing.(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code, apply to and govern the hearing on appeal authorized by the provisions of this section and the administrative procedures in connection with and following such hearing, with like effect as if the provisions of said article five were set forth in extenso in this section, except as specifically provided herein.
WV Code § 22B-1-8 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-8. General Provisions Governing Discovery

(a) Parties to a hearing may petition a board to obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending hearing, subject to the procedural rules of the boards and the limitations contained herein.(b) The following limited discovery may be commenced and obtained by any party to the hearing without leave of a board:(1) Requests for disclosure of the identity of each person expected to be called as a witness at the hearing and, at a minimum, a statement setting forth with specificity the facts alleged, the anticipated testimony and the identity of any documents relied upon in support of the anticipated testimony of each witness and whether that witness will be called as an expert; and(2) Requests to identify with reasonable particularity the issues which are the subject of the hearing.(c) Any party may object to a request or manner of discovery authorized by this section provided the objection sets forth with particularity the grounds for the objection. A party may move the board to rule on the propriety of the discovery or objection and request the board to enter an order as the board deems appropriate.(d) Any party may seek, by motion, a protective order from the discovery sought by another party and, if required, the board may protect a party from unwarranted discovery. Upon motion of a party or upon a board’s own motion, the board may enter such protective order limiting discovery, which order shall not be inconsistent with the standards for protective orders set forth in the West Virginia rules of civil procedure.(e) Upon motion of a party or upon a board’s own motion, the board may authorize or order any additional discovery as may be appropriate or necessary to identify or refine the issues which are the subject of the hearing. Upon agreement of the parties, or upon order of a board, the board may authorize or order the taking of the deposition of any witness with information or knowledge relevant to the subject matter of the hearing which deposition may be noticed by subpoena or subpoena duces tecum.(f) Upon motion of a party or upon a board’s own motion, a board may hold a prehearing conference, as soon as practicable after the commencement of an appeal, which conference shall be for purposes of promoting a fair, efficient and expeditious hearing process. Following the conference, the board may enter an order or take such other action as may be appropriate with respect to discovery issues.(g) For purposes of this section, in all cases where the board is authorized or empowered to issue orders, a member of the board, with the concurrence of a majority of the board, may act on behalf of the board, the board may act itself or through its clerk or hearing examiner, as such person is authorized to do so by the board.(h) Every request for discovery or response or objection thereto made by a party shall be signed in the same manner as is provided for in Rule 26 of the West Virginia rules of civil procedure.
WV Code § 22B-1-9 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-9. General Provisions for Judicial Review

(a) Any person, or the secretary, as the case may be, adversely affected by an order made and entered by a board after an appeal hearing, held in accordance with the provisions of this chapter, is entitled to judicial review thereof. All of the provisions of §29A-5-4 of this code apply to and govern the review with like effect as if the provisions of §29A-5-4 of this code were set forth in extenso in this section, with the modifications or exceptions set forth in this chapter: Provided, That the exceptions set forth in §22B-2-3, §22B-3-3, and §22B-4-3 of this code apply. (b) The filing of a petition of appeal under the provisions of this chapter does not automatically stay or suspend the effectiveness or execution of the order, permit, or official action pending appeal. The board shall file with the clerk of the court wherein the petition for appeal is filed all papers, documents, evidence, and other records comprising the complete record in the case, or certified copies thereof, as were before the board at the time of the entry of the order from which the appeal is taken.(c) Notwithstanding any provisions of this code to the contrary, the secretary may employ in-house legal counsel to perform all legal services for the department and secretary or any director, chief, or division therein in all proceedings made under the provisions of this chapter, including those in any administrative proceeding or before any state or federal court. Additionally, the secretary may call upon the Attorney General for any legal assistance and representation as provided by law.
WV Code § 22B-1-10 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-10. Confidentiality

With respect to any information obtained in the course of an appeal, all members of boards and all personnel employed thereby shall maintain confidentiality to the same extent required of the chief or director.
WV Code § 22B-1-11 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-11. Conflict of Interest

In addition to the specific conflict of interest provisions set forth in this chapter, any member who has any financial interest in the outcome of a decision of the board shall not vote or act on any matter which shall directly affect the member’s personal interests.