West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-06 - Certification And Evaluation Of Local Fire Departments › Section 87-6-12 - Procedures for Withdrawal, Suspension or Revocation of Certification or Recognition

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Notice - If the Commission determines that there is probable cause to believe a
				violation of standards has occurred and that a hearing is necessary to resolve
				the issues alleged, the Chairman of the Commission shall schedule a hearing
				upon the matters alleged against the local fire department. The State Fire
				Marshal shall prepare a short, plain statement of the matters to be considered
				at the hearing and shall prepare a written notice advising the local fire
				department of the date, time, and location of the hearing. The notice and
				statement of the State Fire Marshal shall be served upon the local fire
				department by personal delivery upon an officer of the department or by
				registered or certified mail addressed to the mailing address of the department
				as shown on the department's application for certification. A copy of the
				statement of charges shall also be provided to the local government entity
				having jurisdiction over the area served by the local fire
				department.
12.2. Parties - The
				State Fire Marshal or his authorized representative shall have the
				responsibility of presenting the case in support of the complaint, or the case
				on behalf of the Commission if the Commission has initiated the investigation.
				The local fire department shall be named as the respondent in the proceedings
				and may appear by the authorized representative of the department, or by
				counsel, or both. These parties shall be the primary participants in the case,
				but the Commission may, at its discretion, allow the participation of any other
				party as an intervenor in the proceeding, upon written motion by such party and
				upon a showing that such party has a substantial interest in the proceeding
				that is not likely to be represented by the other parties in the
				case.
12.3. Hearing - The
				Commission has the discretion to determine the time, location and duration of
				any hearing brought pursuant to the provisions of this rule. Hearings shall be
				open to the public and may be conducted before the full Commission or the
				Chairman may, at his discretion, designate a member to serve as a hearing
				examiner to conduct a hearing on behalf of the Commission. Alternatively, the
				State Fire Commission may authorize and empower an impartial attorney to serve
				as a hearing examiner. When a hearing examiner is so designated or authorized,
				that person shall have full authority to conduct the proceedings and may
				exercise all powers listed in West Virginia Code §
									29A-5-1(d). At
				any point in the proceedings, the Commission may choose to invoke one of the
				remedial alternatives described in subdivision 10.3.b. of this Rule to resolve
				and dispose of the matter.
12.4.
				The State Fire Marshal shall have the burden of proving the matters alleged
				against the local fire department by a preponderance of evidence.
12.5. Decision and Order - The decision of
				the Commission shall be reduced to a written order and shall become final upon
				service of the order upon the local fire department by registered or certified
				mail. Any decision of the Commission, disposing of a complaint against a local
				fire department in any manner, shall also be served by certified mail upon the
				complainant and upon the local government entity having jurisdiction over that
				fire department.