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Home » US Law » 2022 West Virginia Code » Chapter 17C. Traffic Regulations and Laws of the Road » Article 5C. Office of Administrative Hearings

§17C-5C-1. Office Created; Appointment of Chief Hearing Examiner

(a) The Office of Administrative Hearings is created as a separate operating agency within the Department of Transportation. (b) The Governor, with the advice and consent of the senate, shall appoint a director of the office who shall serve as the administrative head of the office and as chief hearing examiner. (c) Prior to appointment, […]

§17C-5C-1a. Termination of Office of Administrative Hearings; Transfer of Jurisdiction

(a) The Office of Administrative Hearings shall retain jurisdiction over appeals described in 17C-5C-3(3) of this code arising from offenses occurring on or before June 30, 2020. The Office of Administrative Hearings has no jurisdiction over appeals described in said subdivision arising from offenses occurring on or after July 1, 2020. (b) Beginning on July […]

§17C-5C-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 shall be responsible […]

§17C-5C-3. Jurisdiction of Office of Administrative Hearings

The Office of Administrative Hearings jurisdiction to hear and determine all: (1) Appeals from an order of the Commissioner of the Division of Motor Vehicles suspending a license pursuant to section eight, article two-b, chapter seventeen-b of this code;

§17C-5C-4. Hearing Procedures

(a) A hearing before the office shall be heard de novo and conducted pursuant to the provisions of the contested case procedure set forth in article five, chapter twenty-nine-a of this code to the extent not inconsistent with the provisions of chapters seventeen-b and seventeen-c of this code. In case of conflict, the provisions of […]

§17C-5C-4a. Rule-Making Authority

The Office of Administrative Hearings may propose legislative and procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code in order to implement the provisions of this article and to carry out the duties prescribed therein.

§17C-5C-4b. 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 written notice of a change in address by written notice at least ten days prior to any scheduled hearing in which they are a party. If the person's final hearing is held prior to the person's change […]

§17C-5C-5. Transition From Division of Motor Vehicles to the Office of Administrative Hearings

(a) In order to implement an orderly and efficient transition of the administrative hearing process from the Division of Motor Vehicles to the Office of Administrative Hearings, the Secretary of the Department of Transportation may establish interim policies and procedures for the transfer of administrative hearings for appeals from decisions or orders of the Commissioner […]