West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-9 - Review, Hearing, and Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Informal
				review -- Whenever any person is aggrieved by any action of the Authority, the
				person may at any time request an informal review of the Authority's action by
				the Executive Director. The request for an informal review shall be submitted
				in writing and shall include any evidence the petitioner believes to be
				relevant to the issue. The Executive Director shall, within 15 days of receipt
				of the request, review the evidence submitted and the action of the Authority
				and shall determine whether or not the Authority's action was proper and
				justified, was taken with respect to the correct individual, and is in
				accordance with applicable laws and these rules. The Executive Director shall
				prepare a written decision and mail a copy to the petitioner within 25 days of
				receipt of the petitioner's request for review. This review does not constitute
				a hearing; is not a prerequisite to a hearing request; or is a final order
				appealable under the provisions of W. Va. Code §
									29A-5-4.
9.2. Formal review -- As an alternative, or
				in addition, to the informal review by the Executive Director, an aggrieved
				person may request a formal hearing before the Authority. The hearing shall be
				conducted in accordance with the requirements of W. Va. Code §29A-5 (State
				Administrative Procedures Act) and in accordance with the following rules:
9.2.a. The request for a hearing shall be
				made in writing to the Executive Director within 60 days of the date of the
				Authority's action that is being questioned.
9.2.b. The Authority shall hold the hearing
				within 30 days after the receipt of a written request for a hearing, unless the
				hearing is delayed upon the written request of the petitioner.
9.2.c. The hearing shall be conducted at a
				time and at a location within the Hatfield-McCoy enforcement area designated by
				the Executive Director. The Executive Director will attempt to cooperate with
				the petitioner in selecting a time and place for the hearing that is most
				convenient for all parties. Written notice of the time and location of the
				hearing shall be given to the petitioner at least ten days prior to the
				hearing, unless the petitioner waives this notice requirement in writing. The
				petitioner shall be granted one postponement of the hearing date and may, with
				good cause, be granted additional postponement in the discretion of the
				Executive Director.
9.2.d. Either
				the Executive Director or a duly authorized agent of the Executive Director
				shall act as the hearing officer.
9.2.e. The issue before the hearing shall be
				whether or not the Authority's action is proper and justified, is taken with
				respect to the correct individual, and is in accordance with applicable laws
				and these rules.
9.2.f. An
				opportunity shall be afforded for all parties to present evidence and arguments
				with respect to the matters and issues involved. A record of all evidence and
				testimony will be maintained so that a complete written report can be
				transcribed and assembled if necessary for a judicial review.
9.2.g. The petitioner may respond and
				participate in the hearing either in person, through legal counsel, or solely
				through telephonic communications if his attendance through counsel or in
				person is impracticable. Testimony may be taken from witnesses in person or by
				telephonic communications, provided that no testimony shall be taken by
				telephone until the person giving testimony has been advised and has agreed
				that the testimony will be recorded. Documents may be transferred in the course
				of the hearing through electronic means of communication, in the discretion of
				the hearing officer.
9.2.h. Within
				30 days after the hearing, the hearing officer shall issue a finding and the
				reasons for the finding that either upholds or reverses or modifies the
				Authority's action. The Authority shall immediately send written notice of the
				finding to the petitioner and shall take such action, if any, as is required to
				comply with the finding.
9.2.i. The
				finding of the hearing officer constitutes a final order of the Authority which
				is appealable under the provisions of W. Va. Code §
										29A-5-4.