West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-17 - Governing Request For information(freedom Of information Act) › Section 48-17-8 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.01 Fees will be
				charged requestors for searching for and reproducing requested records, in
				accordance with the following:
(a) Copying
				costs shall be .25 per page, provided that if the total cost is less than
				$1.00, there shall be no charge.
(b) The charge for copying materials that
				must be reproduced outside the Department's facilities shall be the actual cost
				of such copying.
(c) A search and
				copying fee of $5.00 per hour or fraction thereof shall be charged for the
				agency's time spent in trying to locate and copy requested records beyond the
				initial half hour used to locate and copy such records.
(d) An invoice for the total amount of fees
				will be sent to the requestor. Checks or money orders shall be made payable to
				the Department of Mines.
(e) Total
				or partial prepayment may be required if the Department determines that the
				unpaid fees attributable to one or more requests by the same requestor exceed
				or will exceed $15.00.
(f) A fee
				schedule is available upon request in the Department of Mines office.
Rules and Regulations Governing Procedures and Practice
				  Before the Department of Mines
ABSTRACT OF PROMULGATION HISTORY AND SUMMARY OF
				  COMMENTS
The procedural rules of the Department of Mines have been
				  under discussion and review since at least early 1977. Several proposals have
				  been submitted for public comment and comments have been received and
				  incorporated into various drafts by the Office of the Attorney General and the
				  Department's Hearing Examiner. The final regulations, filed this day, reflect
				  the culmination of these efforts and provide a written framework for all
				  contested cases before the Department of Mines.
On August 31, 1982, the Director filed a notice of proposed
				  rulemaking with the State Register asking for written comments on the proposed
				  procedural rules on or before October 1, 1982. These comments were received and
				  constitute the remainder of this description.
Part 1
This part is a general statement of the scope of the
				  regulations and includes definitions, designations of parties to various
				  proceedings and sets forth general provisions relating to contested cases
				  before the Department.
One comment received suggested that the definition of
				  "Presiding Officer" in Section 1.05 (i) be amended to require such person to be
				  admitted to practice as an attorney at law. The Department rejected this
				  requirement to allow the Director the discretion to appoint non-lawyers to
				  conduct hearings. Presently, the Hearings Examiner is a licenced attorney and
				  all proceedings are conducted by him.
Section 1.06 (a) in line three, the word "where" is changed
				  to "when".
Section 1.06 (e) was suggested to be amended to provide that
				  the miners at a mine could elect not to be parties to review and assessment
				  proceedings. This comment is rejected as unnecessary because miners or their
				  representatives may elect not to be parties merely by their failure to respond
				  to the notices required to be issued under Code 22-1-14 and Code
				  22-1-17.
Section 1.10 (b) was amended to read as follows:
"A further and better statement of any cause or ground of
				  complaint or defense, or a further and better statement of particulars of any
				  matter stated, in any document, may in any case be ordered at the discretion of
				  the presiding officer."
Section 1.15 (b) has been amended to allow the Presiding
				  Officer to grant extensions of time limits for good cause shown, not merely
				  excusable neglect.
Section 1.16 (a) relating to Discovery has been amended to
				  allow discovery to be completed within 60 days after commencement of a
				  proceeding. Additionally Section 1.16 (e) is amended to allow the Presiding
				  Officer to issue an order regarding depositions if the parties cannot agree to
				  an acceptable schedule.