West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-10 - Deputy Sheriff Retirement System › Section 162-10-10 - Other Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Board's staff shall consider any other type of appeal other than for disability
				retirement benefits. If the Board's staff does not grant the request, the staff
				shall notify the applicant in writing stating the reasons for the denial and
				informing him of his right to appeal to the Board.
10.2. The applicant has ninety (90) days upon
				receipt of the written denial within which to file a written request for an
				administrative appeal. If the applicant appeals the decision of the staff, the
				staff shall refer the appeal to the hearing officer appointed by the Board.
10.2.1. Within sixty (60) days of the notice
				from the applicant of the desire to appeal the denial, the hearing officer
				shall schedule a time and place to hear the appeal and give the applicant ten
				(10) business days written notice of the hearing.
10.2.2. At any hearing conducted pursuant to
				this rule, the applicant may appear pro se, or may be represented by counsel or
				by a lay representative. Counsel for the Board may also appear at any hearing
				held pursuant to this rule. Witnesses or written evidence may be submitted by
				both parties at this hearing.
10.2.3. The rules of evidence shall not
				strictly apply and the applicant has the right to any and all relevant
				documents in the possession of the Board, subject to any confidentiality or
				disclosure limitations set forth in federal or state law.
10.2.4. The hearing officer may subpoena
				documents and witnesses if the information is relevant and reasonable in order
				for the hearing officer to arrive at a finding of fact and to make a
				recommendation on the appeal. The interest of justice and fair play shall guide
				proceedings before the hearing officer.
10.2.5. The Board shall cause the certified
				court reporter to retain but not transcribe a stenographic recording of the
				hearing which is the official record of the hearing. Upon appeal to circuit
				court, the recording shall be transcribed.
10.2.6. The hearing officer shall within
				sixty (60) days of receiving all documents and evidentiary testimony, prepare
				formal findings of fact and conclusions of law, in which he states the reasons
				for his findings, and noting with specificity the evidence considered in
				reaching a recommendation.
10.2.7.
				Following written notice and tender of the hearing officer's recommended
				decision to all parties, the hearing officer shall present his recommended
				decision to the Board at its next regularly scheduled meeting. The staff of the
				Board shall notify the member and counsel for the Board of the date, time and
				place of the Board's meeting during which the appeal and the recommended
				decision will be presented to the Board by the hearing officer. Any party has
				the right to submit, in writing, a proposed final order to the hearing officer
				for consideration prior to presentation of the matter to the Board.