West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-09 - West Virginia State Police › Section 162-9-10 - Other Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Board's staff shall consider any other type of appeal other than for disability
				retirement benefits. If the Board's staff does not grant the request, the staff
				shall notify the applicant in writing stating the reasons for the denial and
				informing him of his right to appeal to the Board.
10.2. The applicant has ninety (90) days upon
				receipt of the written denial within which to file a written request for an
				administrative appeal. If the applicant appeals the decision of the staff, the
				staff shall refer the appeal to a hearing officer appointed by the Board.
10.2.1. Within sixty (60) days of the notice
				from the applicant of the desire to appeal the denial, 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.
10.2.2. At any hearing conducted pursuant to
				this rule, the applicant may appear pro se, or may be represented by counsel or
				by 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
				all parties.
10.2.3. The rules of
				evidence shall not strictly apply and the applicant has the right to any and
				all relevant documents in the possession of the Board, subject to any
				confidentiality or disclosure limitations set forth in federal or state
				law.
10.2.4. The hearing officer
				may subpoena documents and witnesses if the information is relevant and
				reasonable in order for the hearing officer to arrive at a finding of fact and
				to make a recommendation on the appeal. The interest of justice and fair play
				shall guide proceedings before the hearing officer.
10.2.5. 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. Upon appeal to circuit
				court, the recording shall be transcribed.
10.2.6. The hearing officer shall within
				sixty (60) days of receiving all documents and evidentiary testimony, prepare
				formal findings of fact and conclusions of law, in which he or she states the
				reasons for his or her findings, and noting with specificity the evidence
				considered in reaching a recommendation.
10.2.7. Following written notice and tender
				of the hearing officer's recommended decision to all parties, the hearing
				officer shall present his or her recommended decision to the Board at its next
				regularly scheduled meeting. The staff of the Board shall notify the member and
				counsel for the Board of the date, time and place of the Board's meeting during
				which the appeal and the recommended decision will be presented to the Board by
				the hearing officer. Any party has the right to submit, in writing, a proposed
				final order to the hearing officer for consideration prior to presentation of
				the matter to the Board.