West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-6 - Hearings and Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Right to
				an Informal Hearing. - The responsible party has 30 calendar days from receipt
				of the notice of civil administrative penalty within which to request, in
				writing, an informal hearing before the assessment officer. If the responsible
				party requests an informal hearing, the assessment officer will hold the
				hearing to deduce the actual facts and circumstances regarding the violation
				and, based thereon, will make a final recommendation of a civil administrative
				assessment to the Secretary. If the responsible party does not request an
				informal hearing, the notice of civil administrative penalty becomes a final
				order after the expiration of the 30-day period, and the civil administrative
				penalty becomes due and payable.
6.2. Notice and Scheduling of Informal
				Hearing. - If the responsible party requests an informal hearing within the
				30-day period, the assessment officer shall schedule the informal hearing and
				provide written notice of its time, place, and location, at least 15 calendar
				days in advance, to the responsible party and the inspector or other authorized
				representative of the Secretary who filed a notice of violation resulting in
				the proposed consent order. The assessment officer may continue the informal
				hearing upon request of either party and for good cause shown.
6.3. Informal Hearing Procedures. - An
				informal hearing, as provided by this rule, is intended to be an informal
				discussion of the facts that gave rise to the issuance of a notice of violation
				and shall be conducted in the following manner:
6.3.a. The West Virginia Rules of Civil
				Procedure and the West Virginia Rules of Evidence shall not apply.
6.3.b. A record of the informal hearing is
				not required, but may be made by any party to the hearing at that party's
				expense. Any other party to the hearing may obtain copies of the record at the
				expense of the party requesting a copy.
6.3.c. At any formal review proceedings that
				may ensue (i.e. appeal to the Environmental Quality Board or the Kanawha County
				Circuit Court), no evidence as to any statement made by one party at the
				informal hearing may be introduced as evidence by another party, nor may any
				statement be used to impeach a witness, unless the statement is or was
				available as competent evidence independent of its introduction during the
				informal hearing.
6.3.d. During the
				course of the informal hearing, a responsible party may request that the
				assessment officer evaluate its ability to pay a civil administrative penalty.
				The assessment officer can only evaluate the request if the responsible party
				provides all required financial information within ten calendar days of the
				date of the informal hearing. The assessment officer shall not consider
				incomplete information or information received more than ten days after the
				date of the informal hearing. If the assessment officer receives complete
				information in a timely manner, he or she shall evaluate it in accordance with
				United States Environmental Protection Agency guidance.