W. Va. Code R. § 105-1-17
Current through Register Vol. XLI, No. 49, December 6, 2024
Section 105-1-17 - Final Order17.1. The parties may submit a joint proposed final order, agreed settlement, consent order, or default order that is agreed to and signed by both parties to the OAH for consideration prior to the entry of a final order.17.2. If the case has not been otherwise resolved, following the hearing upon consideration of the designated record and based on the determination of the facts of the case and applicable law, the OAH shall issue a final order that includes findings of fact and conclusions of law and affirms, reverses, or modifies the appealable order.17.3. The final order shall include the final decision of the hearing examiner with his or her findings of fact and conclusions of law after review by the Chief Hearing Examiner as to legal accuracy and clarity and other requirements. The hearing examiner will sign his or her final findings of fact and conclusions of law to signal approval of these findings and conclusions. If the Chief Hearing Examiner disagrees with some or all of the hearing examiner's findings or conclusions, the final order will include separate findings of fact and conclusions of law by the Chief Hearing Examiner. The Chief Hearing Examiner will sign the final order to signal his or her approval of the final order. In case of conflict between the final decision of the hearing examiner and the final order of the Chief Hearing Examiner, the final order of the Chief Hearing Examiner shall control.17.4. The final order shall be served on the petitioner or on the petitioner's attorney, if any, by registered or certified mail, return receipt requested, or by electronic mail if available. The final order shall be served on the Commissioner by electronic mail.17.5. If a party petitions a court for judicial review of a final order, the petitioning party shall make the OAH a party to such appeal and shall forward a copy of the appeal petition to the OAH. W. Va. Code R. § 105-1-17