W. Va. Code R. § 102-1-10

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 102-1-10 - Failure to Prosecute Protest

10.1. This section provides a process for the efficient resolution of protests where the protesting party does not proceed, does not explain the basis for the protest, and does not withdraw the protest. The party protesting a decision, or the alleged failure to timely issue a decision, of the claim administrator has the burden of presenting evidence or argument in support of its position. Evidence or argument must be filed before the expiration of the protesting party's time frame. Unless the protesting party timely files evidence or argument, the claim administrator's decision will be affirmed.

10.2. Requirements. The requirement of this section may be met by the filing, or receipt, during the party's time frame, of any of the following: documentary or physical evidence; testimony from a deposition or at a hearing scheduled by the Board of Review; argument in lieu of evidence (must be submitted during time frame); and notice or motion identifying relevant documents from other protests involving the same parties.

10.3. Order to Show Cause. The Board of Review will review each matter at the conclusion of the protesting party's time frame to determine whether the protesting party has submitted evidence or argument in lieu of evidence. If it appears from a review of the matter that the protesting party has not filed any evidence or argument, the Board of Review shall issue a show cause order to the protesting party for the purpose of allowing the protesting party to demonstrate that some evidence or argument had been timely filed.

10.4. Decision affirming order. If the protesting party fails to show that evidence or argument has been timely filed, or if there is no response to the show cause order, the Board of Review shall issue a decision affirming the claim administrator's order.

W. Va. Code R. § 102-1-10