West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-07 - Rules For Selected Hearings › Section 85-7-4 - Administrative Hearings; Notice; and Place

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All administrative hearings conducted
				pursuant to this rule will be held in accordance with the provisions of W. Va.
				Code, §
									29A-5-1
				et seq., and with the provisions of this rule. In any particular case, any
				special conditions which are set forth in the Act or in other rules promulgated
				by the commission and the Board of Managers and which are applicable to that
				case will be adhered to during administrative hearings in lieu of any contrary
				provision in this rule.
4.2. Unless
				waived by all the parties to the hearing, all hearings shall be preceded by at
				least ten (10) days written notice. The notice shall be given either by
				personal delivery thereof to the person or to the entity to be notified or by
				depositing such notice in the certified United States mail, postage prepaid,
				return receipt requested, in an envelope addressed to such person or other
				entity at the last known address of such person or other entity. Proof of the
				giving of notice in either such manner may be made by the affidavit of any
				person over eighteen years of age, naming the person or other entity to which
				or to whom such notice was given and specifying the time, place and manner of
				the giving thereof. If certified mail is used, then a copy of the return
				receipt shall be attached to the proof of notice.
4.3. Notice of the hearing and service of any
				document or order shall be upon the parties of record except that any party who
				is represented by an attorney shall be deemed to have designated that attorney
				as the proper recipient of all such notices, documents, or orders and service
				upon that attorney will be the equivalent for all purposes as service upon the
				party. Notice shall be complete if the written notice is personally tendered to
				the intended recipient and is either accepted or refused by that recipient.
				Similarly, notice shall be complete if the written notice is sent by certified
				mail, return receipt requested, to the recipient and the return receipt shows
				that it was either accepted by a person at the last known address or was
				refused by a person at the last known address.
4.4. In any instance where any form of
				notice, including one arising under subsection 4.2 of this rule or one
				contained in any order or document, the time period will begin to elapse with
				the first day following the date of the notice, order, or document. This rule
				is applicable whether the notice is delivered personally or served by
				mail.
4.5. The subsection 4.2
				notice shall contain the date, time, and place of the hearing and a short and
				plain statement of the matters asserted. If the commission is unable to state
				the matters in detail at the time the notice is served, the initial notice may
				be limited to a statement of the issues involved. Thereafter, upon application
				by a party a more definitive and detailed statement shall be
				furnished.
4.6. The hearing shall
				be held in the county selected by the commission.