West Virginia Code of State Rules › Agency 49 - Surface Mine Board › Title 49 - PROCEDURAL RULE WEST VIRGINIA SURFACE MINE BOARD › Series 49-01 - Procedural Rules Governing Appeals Before The Surface Mine Board › Section 49-1-5 - Orders of the Board; Submission of Motions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Execution and Entry of Orders. All orders properly acted upon shall be executed
				by the presiding member of the board, the board's legal counsel or the board's
				duly authorized hearing examiner. All orders properly acted upon and so executed
				shall be entered into the official record by the secretary of the
				board.
5.2. Authority to Rule on
				Motions. The board may, in its administrative discretion, and in the interests of
				fairness and justice, rule on motions which tend to regulate the course of
				hearing, simplify the issues, and dispose of procedural requests or similar
				matters. The board may appoint its legal counsel or hearing examiner to dispose
				of stay requests, procedural motions, discovery motions, or any other request
				which tends to regulate the course of the hearing.
5.3. Content. Following the notice of appeal,
				any application to the board shall be by motion, which must be accompanied by a
				proposed order. Such motions may include, but are not limited to, requests to
				intervene, requests for continuance, requests for a stay, questions regarding
				jurisdiction, sufficiency of service of process, failure to state a claim upon
				which relief can be granted, request for a more definite statement, summary
				judgment, change of hearing location, dismissal of action or of particular issues
				in the appeal, and amendment of a notice of appeal.
5.4. Form. Unless made during the hearing, all
				motions shall be in writing, stating with particularity the grounds thereof and
				stating the relief or order sought. The motion may be accompanied by a memorandum
				or other supporting documents. The proponent shall serve the motion on the board
				and on all other parties to the appeal as required by these rules of procedure.
				Unless the board determines otherwise, a party shall have ten (10) days from
				receipt of the motion to respond to the same.
5.5. Stay Requests. The filing of the notice of
				appeal does not stay or suspend the effectiveness of the action appealed from.
				The appellant may request a stay of the action appealed from by written motion
				contemporaneous with the filing of the notice of appeal. The motion for stay
				shall include a copy of the action appealed from and any other documents
				supporting the request. The motion for stay shall be served on the board and all
				parties in accordance with these rules.
5.6. Informal Hearing on Motion. The board may,
				in its administrative discretion, and in the interests of fairness and justice,
				utilize informal hearings to dispose of stay requests, procedural motions,
				motions which tend to regulate the course of hearing, or simplify the issues, or
				similar matters. If an informal hearing on a motion is held, it may be conducted
				by the board's duly authorized legal counsel or hearing examiner, and may be
				conducted by telephone.