West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Section 46-4-5 - 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 section five, article five, chapter twenty-two
				of the Code of West Virginia. 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.