West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-01 - Procedural Rules - WV Board Of Banking And Financial Institutions › Section 107-1-2 - Declaratory Rulings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				permissive parties. -- Any person with a bona fide interest in any state of
				facts or any rule or statute enforceable by this Board may by proper petition
				request a declaratory ruling from this Board upon such matter.
2.2. Form of petition. -- The petition shall
				be typewritten, shall concisely state the matters upon which a declaratory
				ruling is sought, shall state why petitioner seeks such ruling, and shall be
				verified by the petitioner, his/her authorized agent or attorney. Eight (8)
				copies of petition shall be filed with the Banking Commissioner.
2.3. Briefs. -- Petitioner for a declaratory
				ruling may file a brief and if such is done it may be printed or typewritten,
				and eight (8) copies shall be lodged with the Commissioner simultaneously with
				the filing of the petition.
2.4.
				Hearings on declaratory petitions. -- If petitioner for a declaratory ruling
				seeks a hearing before the Board, he shall so state in his petition, in which
				event the Board shall hear petitioner at a time and place to be determined by
				the Board within ninety (90) days from the date of request, giving petitioner
				ten (10) days notice of the hearing date and place. Unless specifically
				provided for under other sections of this rule, declaratory ruling hearings by
				the Board shall be governed exclusively by section two (2) of this rule and the
				subsections and subdivisions thereof.
2.5. Presentation of position. -- A petition
				for a declaratory ruling cannot present any facts in controversy for
				determination, but may present a set of facts presumed to be true for the
				purposes of rendering a declaratory ruling based on those presumed facts.
				Witnesses may therefore not be called at a declaratory ruling hearing. However,
				the petitioner or a representative of the petitioner has the right to appear
				and make a brief oral statement, answer any questions the Board may have, and
				offer additional material for the Board's consideration. Members of the public
				or other interested parties may also be recognized and provided the opportunity
				to make a brief oral statement and the opportunity to offer additional material
				for the Board's consideration. There is no right on the part of any petitioner
				to cross examine persons appearing before the Board at a declaratory ruling
				hearing. The petitioner should, however, be afforded the opportunity to briefly
				speak in rebuttal to any opposing party or person in closing.
2.6. Declaratory ruling decisions. -- The
				Board shall render a written ruling upon the matter requested by petitioner
				within thirty (30) days after a hearing, if such is held, or within sixty (60)
				days after the filing of a petition, if no hearing is requested.
2.7. Applicability of decision. -- Any
				declaratory ruling by the Board that is stated to be binding, shall be binding
				upon the Board and upon the party requesting the ruling upon the state of facts
				set forth in the petition, but shall not be binding upon any other
				person.
2.8. Appeal. -- A
				declaratory ruling of the Board shall be subject to review as provided by
				law.