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Home » US Law » 2022 West Virginia Code » Chapter 15A. Department of Homeland Security » Article 9. Office of Administrative Hearings

§15A-9-1. Office Created; Appointment of Chief Hearing Examiner

(a) The Office of Administrative Hearings is created as a separate operating agency within the department. (b) The secretary shall appoint a director of the office who serves as the administrative head of the office and as Chief Hearing Examiner. (c) The Chief Hearing Examiner shall be a citizen of the United States and a […]

§15A-9-2. Organization of Office

(a) The Chief Hearing Examiner is the chief administrator of the Office of Administrative Hearings and he or she may employ hearing examiners and other clerical personnel necessary for the proper administration of this article. (1) The Chief Hearing Examiner may delegate administrative duties to other employees, but the Chief Hearing Examiner is responsible for […]

§15A-9-3. Jurisdiction of Office of Administrative Hearings

Notwithstanding any provision of this code to the contrary, the Office of Administrative Hearings has jurisdiction to hear and determine all: (1) Level one grievance proceedings for all divisions of the department, except for the State Police.

§15A-9-4. Hearing Procedures

(a) All level one grievance hearings before the office shall be heard in accordance with practices and procedures as set forth in 6C-2-1 et seq. of this code. (b) All hearings on appeals before the office shall be heard de novo and conducted pursuant to the provisions of the contested case procedure set forth in […]

§15A-9-5. Rule-Making Authority

The Office of Administrative Hearings may propose legislative and procedural rules in accordance with the provisions of chapter 29A of this code in order to implement the provisions of this article and to carry out the duties prescribed therein.

§15A-9-6. Duty to Provide Notice of Change of Address

Any person who has any pending contested matter before the Office of Administrative Hearings is required to provide notice of a change in address in writing at least 10 days prior to any scheduled hearing in which they are a party. If the persons final hearing is held prior to the persons change in address, […]

§15A-9-7. Transition From Divisions of the Department to the Office of Administrative Hearings

(a) In order to implement an orderly and efficient transition of the administrative hearing process from the many divisions of the department, the secretary may establish interim policies and procedures for the transfer of administrative hearings, appeals from decisions or orders of, as contemplated by this article, currently administered by the separate divisions and the […]