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West Virginia Administrative Code
Agency 105 - Administrative Hearings, Office ofTitle 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS
Series 105-01 - Appeal Procedures
Section 105-1-18 - Motion to Reconsider

W. Va. Code R. § 105-1-18

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Current through Register Vol. XLI, No. 49, December 6, 2024
Section 105-1-18 - Motion to Reconsider
18.1. A party may file a motion to reconsider a final order when clerical or administrative error, such as typographical errors, failure to discuss relevant evidence, failure to rule on a pending motion, or other legal deficiency has occurred. Such a motion must be filed within ten (10) days of receipt of the final order and does not toll the jurisdictional time limits for judicial review of such final order. The OAH may, within its discretion, rescind the final order being reconsidered as provided in subsection 3 of this section.
18.2. The parties may file a joint motion for reconsideration of a final order provided that the final order has not been affected by appeal outcome.
18.3. The OAH may, without motion from a party, modify or rescind a final order in order to correct clerical or administrative errors or omissions, such as typographical errors, failure to discuss relevant evidence, the existence of perceived erroneous legal conclusion, failure to rule on a pending motion in a final order, a perceived legal deficiency or upon a party's assertion of a legal deficiency pursuant to a motion to reconsider or otherwise. The OAH may also modify or rescind a final order in the event of a perceived legal deficiency such as, but not limited to, concerns that the final decision resulted from legal error or errors or an incorrect finding of fact, provided that the final order of the OAH has not been reversed or modified by a court of record. The Office of Administrative Hearings may issue orders nunc pro tunc in order to correct clerical mistakes or omissions.
18.4. When filing a motion to reconsider, the party filing the motion shall be required to serve both the hearing examiner who issued the final order and the Chief Hearing Examiner.
18.5. The OAH may reinstate a final order previously rescinded due to the filing of a motion to reconsider or after sua sponte rescinding same for other cause, as authorized in subsection 3 of this section.

W. Va. Code R. § 105-1-18