West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-17 - Orders and Decisions of the State Fire Marshal; and Appeals and Procedure for Appeals from such Orders or Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. State Fire Marshal's Order and
				Decisions are Final and Conclusive. -- Any order or final written decision of
				the State Fire Marshal based upon or made in the course of the administration
				or enforcement of the provisions of W. Va. Code §
									15A-10-1 et seq. based upon or
				made pursuant to this rule is final, unless vacated or modified upon review
				pursuant to the appeal rights and procedures provided by W. Va. Code §
									51-11-1 et seq. and this
				rule.
17.2. State Fire Marshal's
				Order And Decisions Appealed. -- Any person aggrieved by an order or final
				written decision of the State Fire Marshal based upon or made in the course of
				the administration or enforcement of the provisions of W. Va. Code §
									15A-10-1 et seq. or made pursuant
				to this rule, and desiring to contest the order or written decision may file an
				appeal from the order or written decision with the Office of Administrative
				Hearings, as set forth in W.Va. Code §
									15A-9-1
et seq.
Preservation of the right to an appeal and the procedure for the contested case
				is governed by this section 15A-10-1 et seq.
17.3. W. Va. Code §
									15A-10-3(g) and
				(i) Inquiry and Investigation. -- The
				testimony which may be obtained by the State Fire Marshal pursuant to the
				authority in W. Va. Code §
									15A-10-3(g) and
				(i) shall be obtained without compliance with
				the provisions in this rule governing "Procedure in Contested Cases." Where
				appropriate, a subsequent order by the State Fire Marshal relating to the
				testimony obtained is the same as any other order by the State Fire Marshal
				subject to the appeal rights provided in W. Va. Code §
									15A-10-1 et seq.
17.4. Appeal Petition. -- When any person
				aggrieved by an order or final written decision of the State Fire Marshal
				desires to appeal such order or final written decision, the appeal petition
				shall be typewritten, styled "Appeal Petition", and the appellant shall submit
				an original and 1 copy to the Office of Administrative Hearings. The Appeal
				Petition shall be complete in itself so as to fully state the matters
				contested. No telegram, telephone call, or similar communication will be
				regarded as an appeal petition. The appeal petition shall contain and include
				the following:
17.4.a. a copy of the order or
				decision of the State Fire Marshal being contested;
17.4.b. a clear and concise assignment of
				each error which the petitioner alleges to have been committed by the State
				Fire Marshal in issuing the order or decision with each assignment of error
				being shown in separately numbered paragraphs;
17.4.c. a clear and concise statement of the
				facts upon which the petitioner relies as sustaining his or her assignment of
				errors;
17.4.d. the address to
				which the petitioner desires to have all notices, documents, and the final
				order of the Office of Administrative Hearings mailed;
17.4.e. the telephone number or numbers where
				the petitioner can be contacted;
17.4.f. the names and addresses of all
				persons having any ownership interest in the property which is the subject of
				the State Fire Marshal's order being contested;
17.4.g. a prayer setting forth the relief
				sought; and
17.4.h. the signature
				of the petitioner or its duly authorized officer.