West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Section 52-1-5 - Orders of the Board; Submission of Motions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Execution and Entry of Orders. All orders properly acted upon shall be executed
				by the presiding member of the board, the board's legal counsel or the board's
				duly authorized hearing examiner. All orders properly acted upon and so executed
				shall be entered into the official record by the clerk of the boards.
5.2. Authority to Rule on Motions. The board
				may, in its administrative discretion, and in the interests of fairness and
				justice, rule on motions which tend to regulate the course of hearing, simplify
				the issues, and dispose of procedural requests or similar matters. The board may
				appoint its legal counsel or hearing examiner to dispose of stay requests,
				procedural motions, discovery motions, and any other request which tends to
				regulate the course of the hearing.
5.3. Content. Any application to the board,
				following the notice of appeal, shall be by motion. Such motions may include, but
				are not limited to, requests for continuance, requests for stay, questions
				regarding jurisdiction, sufficiency of service of process, failure to state a
				claim upon which relief can be granted, request for a more definite statement,
				summary judgement, change of hearing location, dismissal of action or of
				particular issues in the appeal, and amendment of a notice of appeal.
5.4. Form. Unless made during the hearing, all
				motions shall be in writing, stating with particularity the grounds thereof and
				stating the relief or order sought. The motion may be accompanied by a memorandum
				or other supporting documents. The proponent shall serve the motion on the board
				and on all other parties to the appeal as required by these rules of procedure.
				Unless the board determines otherwise, a party shall have ten (10) days from
				receipt of the motion to respond to the same.
5.5. Stay Requests. The filing of the notice of
				appeal does not stay or suspend the effectiveness of the action appealed from,
				except as provided for by W. Va. Code §
									22-5-5. The appellant may request a
				stay of the action appealed from by written motion contemporaneous with the
				filing of the notice of appeal. The motion for stay shall include a copy of the
				action appealed from and any other documents supporting the request. The motion
				for stay shall be served on the board and all parties in accordance with these
				rules.
5.6. Discovery. Parties may
				obtain discovery in accordance with the provisions of W. Va. Code §
									22B-1-8.
				Parties have twenty (20) days from receipt of the request to respond. A shorter
				or longer time may be agreed to in writing by the parties and filed with the
				Board.
5.7. Informal Hearing on
				Motion. The Board may, in its administrative discretion, and in the interests of
				fairness and justice, utilize informal hearings to dispose of stay requests,
				procedural motions, motions which tend to regulate the course of hearing, or
				simplify the issues, or similar matters. If an informal hearing on a motion is
				held, it may be conducted by the board's duly authorized legal counsel or hearing
				examiner, and may be conducted by telephone.