West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All terms
				defined in W. Va. Code §
									6C-2-2 shall have the meanings therein ascribed
				to them for the purpose of these rules. All other terms shall have the
				following meanings.
2.1.1. "Certificate of
				Service" means a certification by a party that on the stated date, the party
				has hand-delivered, or placed in the United States Postal Service mail, postage
				pre-paid, in a properly addressed envelope, a true copy of the document the
				party is filing with the Board, for the other parties, or their
				representatives, at their last known address.
2.1.2. "Conference" is an informal meeting
				between the grievant and the chief administrator or grievance. The chief
				administrator may permit other individuals to attend and participate in the
				conference, as needed, to reach a resolution.
2.1.3. "Evidence" is any of the means through
				which an alleged fact is either proven or disproven, and includes testimony
				given under oath and documents.
2.1.4. "File" or "filing" means to place the
				grievance form in the United States Postal Service mail, addressed to:
(1) the Board's main office at 1596 Kanawha
				Boulevard, East, West Virginia 25311, and
(2) the agency's chief administrator. If
				applicable, a third copy shall be sent to the Division of Personnel. A
				grievance may also be filed by hand-delivery or by facsimile transmission to
				the appropriate office. Date of filing will be determined by United States
				Postal Service postmark. All grievance forms shall be date stamped when
				received. Grievance forms may not be filed by interdepartmental mail. The key
				to assessing whether a grievance is properly filed is substantial compliance
				with the statute and rules. Within two days of receipt, the Board will e-mail
				the grievance docket number to the chief administrator.
2.1.5. "Hearing" is a relatively formal
				proceeding in which witnesses and parties are entitled to be heard and evidence
				is submitted through witnesses and documents. A hearing is recorded by
				mechanical means. Guidelines for conducting Level One hearings can be found on
				the Board's website.
2.1.6.
				"Motion" means an oral or written request for a ruling or order by an
				administrative law judge.
2.1.7.
				"Service" or "Serve" means personal delivery, facsimile transmission, or
				delivery by first class United States Postal Service mail, postage prepaid and
				addressed to the person to be served at the person's last known address. This
				section does not apply to subpoenas and subpoenas duces tecum. A Certificate of
				Service by the person making the service is to be attached to every document
				requiring service under these rules, indicating that copies have been served on
				all parties to the grievance or their representatives. Every document filed
				with the Board shall be served on all other parties in the manner described
				above.
2.1.8. "Subpoena" means an
				official document, issued by an administrative law judge in accordance with the
				West Virginia Administrative Procedures Act, W. Va. Code §
										29A-5-1, et
				seq., requiring the appearance of an individual at a given time and
				place.
2.1.9. "Subpoena duces
				tecum" means an official document requiring that an individual named to appear
				at a given time and place must bring a specific document or
				documents.