West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-02 - Benefit Determination and Appeal › Section 162-2-7 - Other Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any other
				type of appeal other than for disability retirement benefits shall be
				considered by the staff of the Consolidated Public Retirement Board. If the
				Board's staff does not grant the request, the staff shall notify the applicant
				in writing stating the reasons for the denial and informing him or her of his
				or her right to appeal to the Board.
7.2. The applicant has ninety (90) days upon
				receipt of the written denial within which to file a written request for an
				administrative appeal. If the applicant appeals the decision of the staff, the
				staff shall refer the appeal to a hearing officer appointed by the Board.
7.2.1. Within sixty (60) days of the receipt
				of notice from the applicant of the desire to appeal the denial, the hearing
				officer shall schedule a time and place to hear the appeal and give the
				applicant ten (10) business days written notice of the hearing.
7.2.2. At any hearing conducted pursuant to
				this rule, the applicant may appear pro se, or may be represented by counsel or
				by a lay representative. Counsel for the Board may also appear at any hearing
				held pursuant to this rule. Witnesses or written evidence may be submitted by
				both parties.
7.2.3. The rules of
				evidence shall not strictly apply and the applicant has the right to any and
				all relevant documents in the possession of the Consolidated Public Retirement
				Board subject to any confidentiality or disclosure limitations set forth in
				federal or state law.
7.2.4. The
				hearing officer may subpoena documents and witnesses if the information is
				relevant and reasonable in order for the hearing officer to arrive at a finding
				of fact and to make a recommendation on the appeal. The interest of justice and
				fair play shall guide proceedings before the hearing officer.
7.2.5. The Board shall cause the certified
				court reporter to retain but not transcribe a stenographic recording of the
				hearing which is the official record of the hearing. Transcripts requested by
				the applicant prior to appeal to circuit court shall be at the applicant's
				expense, with the original provided to the hearing officer and a copy to the
				applicant. Upon appeal to circuit court, the recording shall be transcribed at
				the Board's expense.
7.2.6. The
				hearing officer shall within sixty (60) days of receiving all documents and
				evidentiary testimony, prepare formal findings of fact and conclusions of law,
				in which he or she states the reasons for his or her findings, and noting with
				specificity the evidence considered in reaching a recommendation.
7.2.7. Following written notice and tender of
				the hearing officer's recommended decision to all parties, the hearing officer
				shall present his or her recommended decision to the Board at its next
				regularly scheduled meeting. The staff of the Board shall notify the applicant
				and counsel for the Board of the date, time1 and place
				of the Board's meeting during which the appeal and the recommended decision
				will be presented to the Board by the hearing officer. Any party has the right
				to submit, in writing, a proposed final order to the hearing officer for
				consideration prior to presentation of the matter to the Board.