West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-02 - Benefit Determination and Appeal › Section 162-2-6 - Appeal of the Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If the
				Board rejects the application on two (2) occasions, the Board shall notify the
				applicant in writing within ten (10) days from the date of rejection of the
				opportunity for a hearing before an independent hearing officer appointed by
				the Board.
6.2. Upon receipt of the
				Board's second rejection of the applicant's disability retirement application,
				the applicant has ninety (90) days within which to file a written request for
				an administrative appeal before an independent hearing officer appointed by the
				Board. An applicant who fails to request a timely appeal waives any further
				administrative appeal rights.
6.3.
				The Board shall not hear appeals directly, but shall appoint hearing officers
				who will make complete and independent reviews of the disability applications
				and then make recommendations to the Board. All hearing officers appointed by
				the Board must be attorneys licensed to practice law in the State of West
				Virginia.
6.3.1. Within sixty (60) days of
				receipt of the notice from the applicant of the desire to appeal the decision,
				the hearing officer shall schedule a time and place to hear the appeal and give
				the applicant ten (10) business days written notice of the hearing.
6.3.2. At the hearing, the applicant may
				appear pro se or may be represented by counsel or a lay representative. Counsel
				for the Board may also appear at any hearing held pursuant to this rule.
				Witnesses or written evidence may be submitted by both parties.
6.3.3. The rules of evidence shall not
				strictly apply, and the applicant has the right to any and all relevant
				documents, subject to any confidentiality and disclosure limitations set forth
				in federal and state law, in the possession of the Consolidated Public
				Retirement Board.
6.3.4. The
				hearing officer may subpoena documents and witnesses if the information is
				relevant and reasonable in order for the hearing officer to make a
				recommendation on the appeal. The interests of justice and fair play shall
				guide procedure before the hearing officer.
6.3.5. The Board shall cause the certified
				court reporter to retain but not transcribe a stenographic recording of the
				hearing which is the official record of the hearing. Transcripts requested by
				the applicant prior to appeal to circuit court shall be at the applicant's
				expense, with the original provided to the hearing officer and a copy to the
				applicant. Upon appeal to a circuit court, the recording shall be transcribed
				at the Board's expense.
6.3.6. The
				hearing officer shall, within sixty (60) days of receiving all documents,
				prepare formal findings, stating the reasons for the findings, in clear
				language, and noting all medical and other evidence considered.
6.3.7. After proper notice, the hearing
				officer shall present the information at the next regular meeting of the
				Consolidated Public Retirement Board. The staffs on behalf of the Board, shall
				notify the applicant of the date, time, and place that the appeal will be acted
				upon by the Board.