W. Va. Code R. § 102-1-15

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

Section 102-1-15 - Decisions, Other Resolutions, Orders signed by Hearing Examiners, and Motions to Reconsider

15.1. Decisions. Pursuant to W. Va. Code § 23-5-9a(e), the Board of Review shall issue a written decision containing findings of fact and conclusions of law for all protests submitted for decision. This decision, a copy of which will be sent or made available to all parties and their counsel of record, shall be subject to appeal pursuant to W. Va. Code § 23-5-12a.

15.2. Other resolutions of protests

15.2.1. Upon motion of any party, upon request of the protesting party, or as a sanction permitted by these Rules, any protest pending before the Board of Review can be dismissed from litigation.

15.2.2. The Board of Review may resolve a protested issue by ruling or order where the protesting party fails to comply with a properly served subpoena, withdraws its protest, fails to prosecute its protest, or for any other reason the Board of Review deems appropriate.

15.3. Orders signed by hearing examiners. Pursuant to W. Va. Code § 23-5-9a(b), a Time Frame Order, continuance order, show cause order, failure to prosecute order, or other interlocutory order as determined by the Board of Review may be issued and signed by a Hearing Examiner.

15.4. Motions to reconsider. Any party may file a motion to reconsider any final resolution of a protest. Such relief should not be sought, and will not be granted, where the sole basis for the motion is disagreement with the reasoning of the decision. Motions to reconsider shall be granted only when clerical or administrative error has occurred in the decision. Examples of the type of error correctable by this relief include, but are not limited to, mathematical or typographical errors, failure to discuss or mention relevant evidence or argument timely submitted, and failure to rule upon a pending motion or other information indicating that the issue was prematurely decided. Such motion must be filed within thirty (30) days of the date of receipt of the decision. The filing of a motion for reconsideration shall not toll the running of the jurisdictional time limit for filing an appeal.

15.5. Correction of error by Board of Review. The Board of Review may, without motion from any party, correct such errors covered by the subsection on "Motions to reconsider," provided that the Board of Review's decision has not been affected by appeal outcome.

W. Va. Code R. § 102-1-15