West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-03 - Administrative Regulations of State Board of Risk and Insurance Management › Section 115-3-6 - Administrative Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				the absence of any other applicable rules relating to a specific type of
				hearing or proceeding before the agency or its duly appointed representative,
				these procedural rules shall apply. These rules are intended to meet the
				requirements of W. Va. Code §
									29A-5-1,
et seq.
and shall be interpreted under that
				guidance.
6.2. The agency shall
				hold a hearing when a statute or rule authorizes a hearing request by a person
				claiming to be aggrieved by an act of the agency. A request for hearing shall
				be in writing and shall specify the act of the agency giving rise to the
				request and the legal grounds to be relied upon as a basis for the relief to be
				requested at the hearing. Should the hearing request fail to provide its basis
				or legal grounds relied upon, the agency may request this
				information.
6.3. The agency shall
				conduct the hearing within thirty days of receipt of a written request for
				hearing unless postponed to a later date by mutual agreement. Should the
				Director determine that the hearing requested would involve an exercise of
				authority in excess of that available under the law, the Director shall issue a
				decision declining to hold the hearing and setting forth the basis for the
				decision.
6.4. The agency shall
				issue a notice of hearing at least ten calendar days in advance of the hearing
				by depositing the notice in the United States mail, postage prepaid, in an
				envelope addressed to the person requesting the hearing at the last known
				residence or business address. The notice shall state the purpose of the
				hearing; the date, time, and location of the hearing; and any other matter
				necessary to the proper and efficient conduct of the hearing.
6.5. Hearings shall be conducted by a person
				designated by the Director to be the hearing examiner. The hearing examiner has
				the power to administer oaths and affirmation; rule upon motions, offers of
				proof and receive relevant evidence; question witnesses; regulate the course of
				hearings, hold conferences for resolution or simplification of issues; dispose
				of procedural requests or similar matters; and exclude any person from a
				hearing who engages in conduct intended to disrupt the hearing or who is not a
				party, a party's attorney, or a testifying witness.
6.6. An opportunity shall be afforded the
				parties to present evidence and argument at the hearing with respect to the
				matters involved. All hearings shall be conducted in an impartial manner.
				Parties shall have the right of cross-examination of witnesses who testify and
				have the right to submit rebuttal evidence. Persons directly affected by the
				hearing may appear in person or by counsel.
6.7. Within thirty calendar days following
				the conclusion of the hearing, the hearing officer shall provide a recommended
				decision of findings of fact and conclusions of law to the Director. The
				Director shall review the record of the hearing and the recommended decision.
				The Director may adopt, modify, or reject the recommended decision, or may
				remand the recommended decision for further action. The Director shall issue a
				final order setting forth findings of fact and conclusions of law in support of
				the decision within 10 business days of receipt of the recommended decision.
				The Director's order shall be mailed to the aggrieved person by certified mail,
				return receipt requested.
6.8. A
				decision by the Director to decline a hearing request under subsection 6.3 of
				this rule or an order of the Director issued under subsection 6.7 may be
				appealed within thirty calendar days of receipt of the decision or order in
				accordance with the provisions of W. Va. Code §
									29A-5-4.
				If the aggrieved person does not appeal the Director's decision or order within
				thirty calendar days of receipt, the decision or order is final.