reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-6 - Expiration and Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Expiration. -- All home inspectors' certifications issued by the State Fire
				Marshal expire on the last day of the anniversary month (12 months) from the
				date of issuance of the certification. (i.e., certification issued on August
				15, 2013, will expire on August 31, 2014, and on August 31st each successive
				year).
6.2. Renewal Fee Required.
				-- Any certified home inspector, in good standing, may renew his or her
				certificate prior to the expiration date by submitting the authorized renewal
				certification fee to the State Fire Marshal. It is the individual home
				inspector's responsibility to submit his or her application for renewal to the
				State Fire Marshal prior to the expiration date of the current
				certification.
6.3. Renewal After
				Expiration. -- Any previously certified home inspector who has not renewed his
				or her certificate in accordance with the preceding subsection of this rule
				shall, if the certification has been expired for 3 years or less, submit a
				renewal application to the State Fire Marshal, along with proof of all required
				Continuing Education credits for the time period of expired certification and
				for the last certified period. If the certificate has been expired for greater
				than three years, the applicant shall submit a new application, with proof that
				the applicant has met the requirements of §
									103-7-4 of this rule, the testing
				having been completed within the last 3 years. A person may not perform home
				inspection work during the period of time his or her certification is expired.
				A person failing to renew his or her certification shall reapply for the home
				inspector's certification for which he or she qualifies in accordance with this
				rule.
6.4. As a condition of
				renewing any home inspector's certificate, the home inspector shall provide
				proof of completion of 16 Continuing Education Units annually. A continuing
				education unit is defined as 1.0 hours for every 50 minutes of instruction.
				Upon receipt of the required documentation, the State Fire Marshal shall issue
				the certification. All continuing education shall be related directly to
				health, life safety, construction, and maintenance of residential properties.
				Approval for courses shall be determined by the State Fire Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
The following fees apply:
7.1. Certification fee -- $125.00 fee per
				certification.
7.2. Renewal fee --
				$100.00 fee per certification annually.
7.3. Application fee -- $25.00 fee per
				application submitted.
7.4. Late
				renewal fee - $50.00 fee per year late per certification.
7.5. Duplicate certification fee -- A person
				who has lost or had his or her home inspector's certification destroyed, may
				submit a duplicate application fee of $10.00 dollars payable to the State Fire
				Marshal and a statement stating the circumstances that the certification was
				lost or destroyed.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-8 - Prohibited Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The State
				Fire Marshal may make investigations or conduct hearings to determine whether a
				violation of this rule has occurred.
8.2. The State Fire Marshal may refuse to
				grant or may suspend or revoke a home inspector certification upon proof to the
				satisfaction to the State Fire Marshal that the holder has:
8.2.a. Participated in an unfair business
				practice;
8.2.b. Conducted an
				inspection not in conformance with the practices described in this
				rule;
8.2.c. Perpetrated any fraud
				or deceit in obtaining or attempting to obtain or renew a certificate of
				registration or certificate of authorization; been negligent, incompetent, or
				committed an act of misconduct in the practice of home inspections;
8.2.d. Failed to comply with any of the
				provisions of this or any of the rules applicable to home inspectors;
8.2.e. Been disciplined by another state,
				territory, the District of Columbia, foreign country, the United States
				government, or any other governmental agency, if at least one of the grounds
				for discipline is the same or substantially equivalent to those grounds for
				discipline contained in this rule;
8.2.f. Failed within thirty days to provide
				information requested by the State Fire Marshal as a result of a formal or
				informal complaint, which would indicate a violation of this rule;
8.2.g. Knowingly made false statements or
				signed false statements, certificates, or affidavits to induce
				payment;
8.2.h. Aided or assisted
				another person in violating any provision of this or any of the rules
				applicable to home inspectors;
8.2.i. Violated any terms of probation
				imposed by the State Fire Marshal or practiced home inspections while the
				certification is suspended, revoked, non-renewed or inactive;
8.2.j. Signed or approved any home inspection
				not reviewed by the individual actually signing the report.
8.2.k. Engaged in dishonorable, unethical, or
				unprofessional conduct of a character likely to deceive, defraud or harm the
				public;
8.2.l. Provided false
				testimony or information to the State Fire Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-9 - Effect of Noncompliance; Failure to obtain certification; Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person who
				conducts a home inspection without the required certification may be subject to
				being issued a citation or a civil action for an injunction in the name of the
				state in the circuit court of the county where the inspection was or is being
				performed. A circuit court by mandatory or prohibitory injunction may compel
				compliance with the provisions of this rule, with the lawful orders of the
				State Fire Marshal and with any final decision of the State Fire Marshal. The
				State Fire Marshal shall be represented in all proceedings instituted pursuant
				to this section by the attorney general or his or her assistants.
9.2. Any person who conducts or performs home
				inspections when that person does not have a valid certification issued or
				recognized by the State Fire Marshal may be subject to criminal prosecution
				under the provisions of W. Va. Code §
									15A-10-22.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-10 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Upon payment
				of the certification fee, application fee and submission to the State Fire
				Marshal of a completed application, the State Fire Marshal may issue a home
				inspector certificate to any person who holds a valid certification, license,
				or registration to conduct home inspections, issued by another jurisdiction
				that has standards substantially equivalent to, or exceeding, those of this
				state, as determined by the State Fire Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-11 - General Standards of Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Home inspectors shall inspect readily
				accessible installed systems and components of residential dwellings and
				provide a written report to the client upon completion of the home inspection.
				These standards do not limit or restrict inspectors from:
11.1.a. Including other services for the
				inspection of systems or components in addition to those required;
11.1.b. Suggesting repairs to be made, based
				upon the findings of the home inspection, and recommending that the client seek
				the opinion of a professional tradesperson with regard to any suggested
				repairs; or
11.1.c. Excluding
				systems and components from the inspection if requested by the
				client.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-12 - General Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Home inspections, performed in accordance with the general standard of practice
				defined in Section 11 of this rule, are not technically exhaustive and will not
				identify concealed conditions or latent defects.
12.2. The provisions of Section 11 of this
				rule constitute the minimum standard for a home inspector in conducting and
				submitting reports of home inspections.
12.3. This rule applies to residential
				dwellings as defined in this rule.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-13 - General Exclusions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Home inspectors may not be required to report or render an opinion on the
				following items:
13.1.a. The life expectancy
				of any component or system;
13.1.b.
				The cause of the need for a repair;
13.1.c. The methods, materials, and costs of
				corrections;
13.1.d. The
				suitability of the property for any specialized use;
13.1.e. Compliance or non-compliance with
				codes, ordinances, statutes, regulatory requirements, special utility,
				insurance, or restrictions;
13.1.f.
				The market value of the property or its marketability;
13.1.g. The advisability or inadvisability of
				purchasing the property;
13.1.h.
				Any component or system that was not inspected;
13.1.i. The absence of pests such as wood
				damaging organisms, rodents, or insects;
13.1.j. Cosmetic items and underground items
				not permanently installed;
13.1.k.
				Hidden or latent defects;
13.1.l.
				Items not visible for inspection;
13.1.m. The presence or absence of mold,
				mold-like, or microbial, growth or substances; or
13.1.n. The presence or absence of hazardous
				materials.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-14 - Structural Components

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				home inspector shall inspect and describe the type of structural components
				including:
14.1.a. Foundations;
14.1.b. Floors;
14.1.c. Walls;
14.1.d. Columns or piers;
14.1.e. Ceilings; and
14.1.f. Roofs.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-15 - Exterior

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The home
				inspector shall inspect:
15.1.a. Wall
				cladding, flashings, and trim;
15.1.b. Entryway doors and a representative
				number of windows;
15.1.c. Garage
				door operators;
15.1.d. Decks,
				balconies, stoops, steps, areaways, porches, and applicable railings;
15.1.e. Eaves, soffit, and fascias;
				and
15.1.f. Vegetation, grading,
				drainage, driveways, patios, walkways, and retaining walls with respect to
				their effect on the condition of the building.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-16 - Roofing

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The home
				inspector shall inspect:
16.1.a. Roof
				coverings;
16.1.b. Roof drainage
				systems;
16.1.c.
				Flashings;
16.1.d. Skylights,
				chimneys, and roof penetrations; and
16.1.e. Signs of leaks or abnormal
				condensation on building components.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-17 - Plumbing

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The home
				inspector shall inspect:
17.1.a. Interior
				water supply and distribution systems, including piping materials, supports,
				insulation; fixtures and faucets; functional flow; leaks; and cross
				connections.
17.1.b. Interior
				drain, waste, and vent systems, including: traps, drain, waste and vent piping;
				piping supports and pipe insulation; leaks and functional drainage;
17.1.c. Hot water systems including: water
				heating equipment; normal operating controls; automatic safety controls; and
				chimneys, flues, and vents;
17.1.d.
				Fuel storage and distribution systems including interior fuel storage
				equipment, supply piping, venting and supports; leaks; and
17.1.e. Sump pumps.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-18 - Electrical

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Except as set
				forth in subsection 18.7. of this rule, the home inspector shall not be
				required to inspect any electrical system, component, or subcomponent for
				electrical code compliance.
18.2.
				The home inspector may submit a professional evaluation concerning:
18.2.a. Service entrance
				conductors;
18.2.b. Service
				equipment, ground equipment, main over current device and main and distribution
				panels;
18.2.c. Amperage and
				voltage ratings of the service;
18.2.d. Branch circuit conductors, their
				over-current devices and the compatibility of the amperages and
				voltages;
18.2.e. The operation of
				a representative number of installed ceiling fans, lighting fixtures, switches
				and receptacles located inside the house, garage and on the dwelling's exterior
				walls;
18.2.f. The polarity and
				grounding of all receptacles within 6 feet of interior plumbing fixtures, and
				all receptacles in the garage or carport and on the exterior of inspected
				structures; and
18.2.g. The
				operation of ground fault circuit interrupters or arc fault breakers.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-19 - Heating

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The home
				inspector shall inspect permanently installed heating systems including:
19.1.a. Heating equipment;
19.1.b. Normal operating controls;
19.1.c. Automatic safety controls;
19.1.d. Chimney, flues and vents, where
				readily visible;
19.1.e. Solid fuel
				heating devices including fireplaces;
19.1.f. Heat distribution systems including
				fans, pumps, ducts, and piping, with associated supports, insulation, air
				filters, registers, radiators, fan coil units, convectors; and
19.1.g. The presence of an installed heat
				source in each room.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-20 - Central Air Conditioning

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The home inspector shall inspect
				central air conditioning systems, including the following components:
20.1.a. Cooling and air handling
				equipment;
20.1.b. Normal operating
				controls;
20.1.c. Fans, pumps,
				ducts, and piping, with associated supports, dampers, insulation, air filters,
				registers, fan coil units; and
20.1.d. The home inspector shall inspect for
				the presence of an installed cooling source in each room.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-21 - Interiors

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The home
				inspector shall inspect:
21.1.a. Walls,
				ceiling, and floors;
21.1.b. Steps,
				stairways, balconies, and railings;
21.1.c. Countertops and a representative
				number of cabinets and drawers; and
21.1.d. A representative number of doors and
				windows.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-22 - Insulation and Ventilation

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1.
				The home inspector shall inspect:
22.1.a.
				Insulation and vapor retarders in unfinished spaces;
22.1.b. Ventilation of attics and foundation
				areas;
22.1.c. Kitchen, bathroom,
				and laundry venting systems; and
22.1.d. The operation of any readily
				accessible attic ventilation fan and, when temperature permits, the operation
				of any readily accessible thermostatic control.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-23 - Built-In Kitchen Appliances

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The home inspector shall inspect and
				operate the basic functions of the following kitchen appliances:
23.1.a. Every permanently installed
				dishwasher; through its normal cycle;
23.1.b. Ranges, cook tops and permanently
				installed ovens;
23.1.c. Trash
				compactors;
23.1.d. Garbage
				disposals;
23.1.e. Ventilation
				equipment or range hoods; and
23.1.f. Permanently installed microwave
				ovens.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-24 - Responsibilities of the Home Inspector

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. A home inspector shall submit a written
				report as to the conditions of the property, on the day of the inspection, to
				the client within a mutually agreed upon time frame.
24.2. A home inspector shall submit an annual
				summary to the State Fire Marshal of all home inspections performed during the
				preceding year, reporting the number, type and county of inspections conducted.
				This annual report shall be filed with the State Fire Marshal no later than the
				31st day of January of the following year. The State
				Fire Marshal may offer standardized forms for use to comply with this
				section.
24.3. A certified home
				inspector shall comply with all federal, state, and local laws, rules, and
				regulations.
24.4. A certified home
				inspector shall maintain records of all his or her home inspections for 3 years
				from the date the inspection report was provided to the client.
24.5. At all times the certified home
				inspector shall keep a current address and phone number on record with the West
				Virginia State Fire Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-25 - Display of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. While conducting the business of home
				inspections, home inspectors shall, at all times, have on their person the
				certification card issued by the State Fire Marshal.
25.2. A certification issued by the State
				Fire Marshal shall be displayed at the certificate holder's place of
				business.
25.3. All correspondence,
				inspection reports and advertisements shall identify the certificate holder
				with the term "Certified Home Inspector" along with the certification number of
				the inspector as issued by the State Fire Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-26 - Disposition of fees

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. All
				fees and moneys received as a result of actions under this rule shall be
				deposited in the special revenue account created pursuant to W. Va. Code §
									15A-10-7.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-27 - Causes for Denial, Limitation, Suspension or Revocation of Certifications of Home Inspectors

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. The
				State Fire Marshal may deny, limit, suspend, or revoke a license issued if the
				provisions of this article, or if the rules promulgated pursuant to this
				article or §15A-10-1
et seq
. of this code are violated.
27.1.a. Before any such license is denied,
				limited, suspended, or revoked, however, written notice shall be given to the
				licensee stating the grounds for such denial, limitation, suspension, or
				revocation.
27.1.b. An applicant or
				licensee has 10 working days after receipt of the order denying, limiting,
				suspending, or revoking a license to request a formal hearing contesting the
				denial, limitation, suspension, or revocation of a license under this article.
				If a formal hearing is requested, the applicant or licensee and the secretary
				shall proceed in accordance with the provisions of §29A-5-1
et
				seq.
of this code.
27.1.c.
				If the license is denied, limited, suspended, or revoked, the license or
				certification holder shall cease and desist practices of their profession as of
				the effective date of the denial, limitation, suspension, or revocation. Any
				administrative appeal of such denial, limitation, suspension, or revocation
				shall not stay the denial, limitation, suspension, or revocation.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-28 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1.
				Any person, firm, corporation, State Fire Marshal, or public officer may make a
				complaint to the State Fire Marshal which charges a certified home inspector
				with a violation of this rule. The State Fire Marshal may provide a form for
				that purpose, but a complaint may be filed in any written form. In addition to
				describing the alleged violation which prompted the complaint, the complaint
				should contain the following:
28.1.a. The name
				and address of the certified home inspector against whom the complaint is
				lodged;
28.1.b. The date of
				inspection;
28.1.c. The name of any
				person who may have inspected or repaired the home after the alleged
				incident;
28.1.d. The nature of the
				alleged violation;
28.1.e. The
				location of the alleged violation.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-29 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. The sections
				of this rule are severable. Should any section be declared by judicial opinion
				unconstitutional or in any manner contrary to the laws of the State of West
				Virginia, that particular section shall be invalid and all other sections shall
				remain in full force and effect.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule shall govern the
												initiation and administration of appeals that are heard and determined by the Office of
												Administrative Hearings from orders and decisions of the Commissioner of the Division of
												Motor Vehicles.
1.2. Authority. -- W. Va.
												Code §
									17C-5C-4a.
1.3. Filing Date. --
												March 23, 2016
1.4. Effective Date. - March
												23, 2016
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-2 - Application and Index

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. -- This
												rule applies to persons contesting an order or decision of the Commissioner of Motor
												Vehicles which is subject to review by the Office of Administrative Hearings.
2.2. Enforcement. -- Enforcement of this rule is vested
												with the Chief Hearing Examiner of the Office of Administrative Hearings or his or her
												lawful designee.
2.3. Conflict. -- The
												provisions of this rule apply to all administrative proceedings before the Office of
												Administrative Hearings. If any provision of this rule conflicts with any other
												legislative rule, this rule shall govern.
2.4. Index. --
105-1-1. General.
105-1-2. Application and Index.
105-1-3. Definitions.
105-1-4. Addresses.
105-1-5. Calculation of Time; Service and
														Filing Deadlines.
105-1-6. Service and Certificates of
														Service.
105-1-7. Written Objections.
105-1-8. Hearing Notices and Location.
105-1-9. Continuances and Postponement of
														Hearings; Rehearing.
105-1-10. Pre-Hearing Notifications.
105-1-11. Subpoenas and Discovery.
105-1-12. Motions and Orders.
105-1-13. Stipulations and Exhibits.
105-1-14. Failure to Appear.
105-1-15. Hearing and Evidence.
105-1-16. Official Record; Fees.
105-1-17. Final Order.
105-1-18. Motion to
														Reconsider.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions shall apply in the
														interpretation of this rule.
3.1. "Appealable
												order" means the order or decision of the Commissioner that the petitioner is appealing
												to the OAH pursuant to OAH's jurisdiction under W. Va. Code §
									17C-5C-3.
3.2. "Commissioner" means the executive officer of the
												Division of Motor Vehicles appointed by the Governor pursuant to W. Va. Code
												§
									17A-2-2 or the Commissioner's lawful designee.
3.3. "Chief Hearing Examiner" means the chief
												administrator of the Office of Administrative Hearings appointed by the Governor pursuant
												to W.Va. Code §
									17C-5C-1(b).
3.4. "DUI
												case" means an administrative proceeding conducted by the OAH pursuant to chapters
												seventeen-b, seventeen-c, and twenty-nine-a of the West Virginia Code as applied to
												contested cases arising out of the enforcement of administrative revocations and
												disqualifications imposed under the provisions of W. Va. Code §
									17C-5A-2 or refusing
												to submit to a designated secondary chemical test.
3.5. "Hearing" means a hearing in a DUI case or other
												contested case conducted by the OAH.
3.6.
												"Investigating officer" means a law-enforcement officer or officers as described in W.
												Va. Code §
									17C-5-4 or § 17E-1-24, who is primarily responsible for the integrity
												of the investigation in the matter.
3.7.
												"Office of Administrative Hearings" and "OAH" means the separate operating agency within
												the Department of Transportation with jurisdiction to hear and determine all appeals
												pursuant to W. Va. Code §
									17C-5C-3, including the Chief Hearing Examiner and all OAH
												employees designated to act on his or her behalf.
3.8. "Other contested case" means an administrative
												proceeding conducted by the OAH pursuant to its jurisdiction other than a DUI
												case.
3.9. "Party" and "parties" means the
												petitioner and the respondent.
3.10.
												"Petitioner" means the person contesting an order or decision of the
												Commissioner.
3.11. "Respondent" means the
												Commissioner.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-4 - Addresses

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. OAH Address. Whenever a party is required to file
												documents or other information with the OAH, such submission shall be made as specified
												in this rule using the following address information:
Office of Administrative Hearings
300 Capitol Street,
														10th Floor
Charleston, WV 25301-1794
Phone: (304)356-2233
Fax: (304)558-1316
E-mail: dot.oah@wv.gov
4.2. Addresses of Parties. The OAH may address notices,
												orders, and other correspondence to a party using the most recent address previously
												provided by such party on a submission to the OAH. Any person who has a pending contested
												matter before the OAH is required to provide written notice of a change in address at
												least ten (10) days prior to a scheduled hearing in which they are a party. If the
												person's hearing is held prior to the person's change in address, then the person is
												required to provide the written notice prior to the issuance of the final order in their
												case. Written notice must be provided to the OAH by certified mail, return receipt
												requested, facsimile, or by e-mail.
4.3.
												Addresses of Attorneys. Any attorney who is representing a party in a matter before the
												OAH shall inform the OAH and the opposing party in writing of the attorney's name,
												mailing and e-mail addresses, telephone and facsimile numbers, and West Virginia State
												Bar identification number. Such information may be provided in a submission made by such
												an attorney or in a separate notice of appearance of counsel. The attorney shall inform
												the OAH promptly in writing of any change of attorney address information.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-5 - Calculation of Time; Service and Filing Deadlines

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Computation of Time
a. In computing any period of time prescribed or
												allowed by this rule, the day of the act, event, or default from which the designated
												period of time begins to run shall not be included. The last day of the period so
												computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in
												which event the period runs until the end of the next day which is not a Saturday, a
												Sunday or a legal holiday. When the period of time prescribed or allowed is fewer than
												eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded
												in the computation. "Legal holiday" includes New Year's Day, Martin Luther King's
												Birthday, Lincoln's Birthday, Washington's Birthday, Memorial Day, West Virginia Day,
												Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas
												Day, any day on which a general, special or primary election is held in the state, in the
												county in which the case is pending, or Kanawha County, and any other day appointed as a
												holiday by the Governor or by the President of the United States as a day of special
												observance or thanksgiving, or a day for the general cessation of business.
b. Nothing in subdivision 5.1.a. shall extend the
												deadline for filing written objections as stated in subsection 7.1. beyond the
												jurisdictional time limit as set forth in West Virginia Code § 17C-5A-2.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-6 - Service and Certificates of Service

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A party filing with
												the OAH a pleading, notice, motion, proposed order, proposed evidentiary submission, or
												other document shall also serve such document on the opposing party. Unless otherwise
												specified in this rule or by law, service may be made in person, by regular, certified,
												or registered mail, by fax, or by e-mail. Unless otherwise specified in this rule or by
												law, whenever service is required to be made on a party represented by an attorney,
												service shall be made on the attorney.
6.2.
												Every pleading, notice, motion, proposed order, proposed evidentiary submission, and
												other document filed with or otherwise submitted to the OAH shall have attached to it a
												certificate of service that states the petitioner's name and file number, the method of
												service, whether in person, by regular, certified, or registered mail, by fax, or by
												e-mail, the name and address of the party being served, the date of such service, and the
												name and signature of the party executing such service. All pleadings, notices, motions
												and certificates of service shall be signed by the party, or if represented by counsel,
												then by such counsel. Legal Counsel shall also provide their State Bar number alongside
												their name under the signature line.
6.3. A
												pleading, notice, motion, proposed order, proposed evidentiary submission, and other
												document filed with the OAH may not be considered by the OAH if it was not served in
												accordance with this rule.
6.4. The party
												filing or serving a pleading, notice, motion, proposed order, proposed evidentiary
												submission, and other document shall be responsible for retaining any proof of such
												filing or service, including copies of successful transmittal sheets in the case of
												filing or service by fax and copies of e-mails showing relevant e-mail addresses in the
												case of filing or service by e-mail. Any such proof shall be brought to each hearing and
												a party shall make such proof available after request by the OAH or an opposing
												party.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-7 - Written Objections

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Time limits for
												filing Written Objections.
a. In a DUI case, a
												petitioner must file written objections to an appealable order with the OAH in person, by
												registered or certified mail, return receipt requested, or by fax transmission or
												electronic mail within thirty (30) calendar days after receipt of a copy of the
												appealable order.
b. In any other contested
												case, unless otherwise specified by law, a petitioner must file written objections to an
												appealable order with the OAH in person, by registered or certified mail, return receipt
												requested, or by fax transmission or electronic mail within ten (10) days after receipt
												of a copy of the appealable order. A successful transmittal sheet shall be necessary for
												proof of the filing of written objections in the case of filing by fax.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-8 - Hearing Notices and Location

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A hearing shall be
												held within one hundred eighty (180) days after the date on which the OAH received the
												timely written objections unless there is a hearing continuance or
												postponement.
8.2. The OAH will send the
												notice of hearing to the petitioner, to the petitioner's attorney, if any, to the
												Commissioner, and to the Attorney General's Office if the Attorney General has filed a
												notice of appearance. The OAH will send the hearing notice by depositing it in the United
												States mail, postage prepaid, in an envelope addressed to the person's last known address
												or, with written consent of a person, to such person's last known e-mail
												address.
8.3. The hearing notice will contain
												the date, time, and location of the hearing, the case name and file number, and a
												statement as to the consequences of failing to appear at the prescribed date, time and
												place of the hearing.
8.4. In a DUI case, the
												hearing notice will contain a statement as to the consequences of failing to timely
												notify the OAH of the petitioner's intention to challenge the results of a secondary
												chemical test or to challenge the legality of a sobriety checkpoint.
8.5. Upon notice to the parties, the OAH may
												consolidate issues from appealable orders arising from the same incident or occurrence
												into one administrative hearing.
8.6. The
												hearing shall be held at an office of the OAH or the Division of Motor Vehicles located
												in or near the county in which the arrest was made in this state or at some other
												suitable place in the county in which the arrest was made if an office of the OAH or the
												Division of Motor Vehicles is not available.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-9 - Continuances and Postponement of Hearings; Rehearing

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The OAH
												may on its own, or after receipt of a motion by a party for good cause shown, postpone or
												continue any hearing. Only parties may request a hearing continuance.
9.2. The OAH may on its own motion postpone, reconvene,
												or continue a hearing for good cause including, but not limited to, docket management,
												availability of hearing examiners or other essential personnel, error in scheduling or
												notice, or mechanical failure of essential equipment such as recording equipment or file
												storage equipment.
9.3. A party wishing to
												request a hearing continuance shall file a motion for a continuance with the OAH, with
												service to the opposing party, within the time frames set forth by subsections 5.2. of
												this rule.
9.4. The OAH may grant a party's
												motion for a continuance if it finds that good cause is shown to grant such request. Good
												cause may include serious illness, previously scheduled conflicting court appearances,
												the failure of an essential witness to appear after being properly subpoenaed, or other
												significant events. A party shall file evidence of good cause with the motion for a
												continuance. In the event good cause is not shown, the OAH at its discretion, may grant a
												party's motion for continuance if the opposing party indicates on the record they have no
												objection to the granting of the motion.
9.5.
												Emergency Continuance.
a. The OAH may grant an
												emergency continuance on less than nine (9) days' notice to a party for unexpected
												personal emergencies of a party, a party's attorney, an investigating officer, or other
												essential subpoenaed witness. An emergency situation requiring the services of an
												investigating officer
en route
to a hearing qualifies as an unexpected
												personal emergency.
b. An emergency
												continuance request made by telephone must also be submitted in writing. A motion for an
												emergency continuance shall include evidence of good cause for such continuance and shall
												be filed with the OAH no later than five (5) days after the date the hearing was
												scheduled.
c. If a written motion for an
												emergency continuance with evidence of good cause is not received by the OAH in a timely
												manner, the OAH may deem it a failure of the party requesting the continuance to appear
												at the hearing. The OAH may deem it a failure of the party requesting the continuance to
												appear at the hearing even if an order continuing the hearing was issued provided that
												such order was based solely on the oral representations of the party making the
												motion.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-10 - Pre-Hearing Notifications

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Jurisdictional
												Limits. -- If the respondent contends that a written objection was untimely filed,
												respondent shall file evidence of such untimeliness with the OAH, with service upon the
												Petitioner, or Petitioner's Counsel, without delay upon discovery of the same.
10.2. Challenge of Secondary Chemical Test and Sobriety
												Checkpoint.
a. Any petitioner requesting a hearing in a
												DUI case who intends to challenge the results of a secondary chemical test of the blood,
												breath or urine, intends to challenge the chemical analysis, or intends to challenge
												official compliance with and adherence to a sobriety checkpoint or its operational
												guidelines shall notify the OAH of his or her intent. The petitioner shall file the
												notification of any such type or types of challenges being made with the OAH, with
												service to the respondent, at least ten (10) days prior to the hearing date or those
												matters may not be challenged.
b. If a
												petitioner fails to comply with the ten (10) day notice requirement of subdivision
												10.2.a. pertaining to the secondary chemical test, the results of the test, if any, will
												be admissible as though the petitioner and the respondent had stipulated to the
												admissibility of such test results.
c. If a
												petitioner fails to comply with the ten (10) day notice requirement of subdivision
												10.2.a. pertaining to challenging official compliance with and adherence to a sobriety
												checkpoint or its operational guidelines, any challenge shall be deemed as being
												waived.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-12 - Motions and Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. All requests for a
												written order shall be made by motion. Prior to filing a motion with the OAH, the moving
												party shall in good faith confer or attempt to confer with the other party to resolve
												matters in disagreement. Every written motion shall state a summary of such consultation
												and whether the opposing party objects. A motion shall clearly set forth all grounds,
												facts, and authorities in support of the motion. Every motion, response, and proposed
												order shall be signed by the party filing such document or, if the party is represented
												by an attorney, shall be signed by the party's attorney.
12.2. All written motions shall be served and filed
												within the time frames set forth in subsections 5.2. and 5.3. of this rule. All written
												responses to such motions shall be served and filed within the time frames set forth in
												subsection 5.3. of this rule.
12.3. The Chief
												Hearing Examiner or his or her designee shall respond by order to all written motions
												from a party that comply with subsections 12.1. and 12.2. by granting, denying, or
												otherwise addressing the same.
12.4. Oral
												motions may be made by a party during a hearing. A hearing examiner may address such oral
												motions on the record during a hearing or by order.
12.5. The submission of proposed orders to the OAH
												shall be as follows:
a. Unless otherwise directed by the
												OAH, all proposed orders shall be submitted to the OAH promptly, but no later than seven
												(7) days after having been directed to do so by the OAH. When the party responsible for
												the preparation and presentation of an order unreasonably delays or withholds its
												presentation, the order may then be prepared and entered by the OAH.
b. The party responsible for the preparation and
												presentation of an order shall submit the original of the proposed order to the OAH
												within seven (7) days, with a copy to the opposing party along with a notice to note
												objections and exceptions to the order within five (5) days after receipt of the proposed
												order or such lesser time as the OAH directs. The opposing party shall notify the OAH, in
												writing, of his or her approval of or objection to the order.
c. The OAH may enter the proposed order if no
												objections are received within five (5) days of service of the proposed order.
d. If objections are received within the time frame
												specified in subsection 12.5.C. the hearing examiner shall rule on said objections within
												five business (5) days of receipt.
West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-13 - Stipulations and Exhibits

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Stipulations, such
												as stipulations of evidence and exhibits, shall be valid and enforced provided the
												stipulations are in writing, signed by the parties making them or their attorney, and
												promptly filed.
13.2. A written stipulation,
												or an oral stipulation made on the record, during the hearing may be accepted as a
												substitute for evidence. A stipulation may relate to a question of fact, the contents of
												a document, or the expected testimony of a witness. A stipulation must be relevant to an
												issue in the appeal, written or stated in clear and unambiguous terms together with its
												factual basis, and understood and agreed to by all parties.
13.3. A stipulation of fact that has been accepted is
												binding on the parties to the stipulation and may not be contradicted by those
												parties.
13.4. Exhibits that are submitted to
												the OAH during a hearing are not subject to the certificate of service requirements of
												section 6 of this rule provided that the submitting party provides a courtesy copy of
												such exhibits to the opposing party at the time of submission to the OAH during the
												hearing.