W. Va. Code R. § 150-27-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 150-27-5 - Administrative Process for Issuing Administrative Sanctions

5.1. An enforcement officer of the Commission shall issue a uniform citation for violations of law involving commercial motor vehicles.

5.1.a. A copy of the citation will be returned to the Transportation Division, weight enforcement unit.

5.1.b. The citation should indicate that the offense occurred on the coal resource transportation system and should identify the road by number and the approximate location of the violation.

5.1.c. The citation should indicate whether there is a Commission-issued special permit for the commercial motor vehicle to operate on the coal resource transportation system, and if so, the number of the permit.

5.1.d. If the commercial motor vehicle is cited for being overweight, the weight of vehicle as determined by the bill of lading, a coal transaction report, or scales must be indicated on the citation.

5.1.e. The citation must indicate the number of axles of the commercial motor vehicle.

5.1.f. If the operator of a commercial motor vehicle is cited for speeding, the posted speed limit and the speed of the vehicle must be indicated.

5.1.g. The citation should identify the shipper transaction number (Rule 4.6.b. and 4.9) of the shipment.

5.2. Upon receipt of a copy of the citation involving a coal shipment on a coal resource transportation road, the staff will issue a notice of violation no later than 30 days from the date of the citation.

5.3. Upon receipt of information from a coal shipment report that indicates that a violation has occurred, the staff will issue a notice of violation no later than 30 days from the receipt of such information.

5.4. A written notice of violation will be provided to the shipper, owner, and driver by letter, sent by certified mail or personally served, informing them of the sanction to be imposed and their rights under W. Va. Code § 17C-17A-9.

5.5. If a hearing is not requested as provided herein, the notice of violation shall become a final order of the Commission.

5.6. The Commission can take administrative notice of a magistrate court conviction at any time during the administrative sanction process and impose administrative sanctions against the party convicted without further process.

5.7. If a hearing is requested, the request must be in writing and received by the Executive Secretary no later than twenty days from the receipt of the notice of violation. The request for hearing must include a copy of the citation. In addition, the request must identify whether the person is a shipper, owner or lessee, driver, or receiver. There will be one proceeding for all persons subject to administrative sanctions in a particular cited incident who have filed a request for hearing. For example, if both the operator and owner request a hearing concerning a particular violation, the Commission will provide one hearing at which they would both appear. If one person requests a hearing and another does not, the Commission may proceed to impose administrative sanctions against a party that does not request a hearing. Requests for hearing must be delivered to:

Public Service Commission of WV

Attn: Executive Secretary

201 Brooks Street

Post Office Box 812

Charleston, West Virginia 25323

5.8. Upon receipt of the request for hearing, the Secretary's office shall give the request a case number designation. The request will be forwarded to the employees designated by the Commission to conduct hearings.

5.8.a. Initial hearings will be conducted by an employee of the Commission designated to issue final orders of the Commission for violations under W. Va. Code Chapter 17C, Article 17A. The proceedings will be electronically recorded by audio and/or video equipment or by such other method as determined by the Commission. The rules of evidence will not apply. Enforcement personnel can appear and participate without counsel. Hearings will be in Charleston, W.Va. Individuals can appear and represent their own interests. However, third parties, who are not lawyers admitted to practice in this state, cannot represent the interests of others.

5.8.b. Decisions will be made by written order, dated and signed by a hearing officer. An initial decision shall become a final order of the Commission if an appeal is not timely filed as herein provided.

5.8.c. Appeals to these decisions may be made to the Division of Administrative Law Judges by filing an appeal within 10 days of the initial decision in the Executive Secretary's Office. Appeals will be assigned to an individual Administrative Law Judge who will review the record. The Administrative Law Judge will have the right to adopt, modify, or reject the initial decision. As deemed necessary, the Administrative Law Judge can conduct further hearing proceedings. Further proceedings can either be electronically recorded or taken by a court reporter at the discretion of the Administrative Law Judge. The Administrative Law Judge will issue a final order containing findings of fact and conclusions of law.

5.8.d. If a violation is found, the violator shall pay the costs of the Commission proceedings as follows:

1. initial proceeding, $150; and,

2. an additional fee for an appeal proceeding involving an Administrative Law Judge, $300.

W. Va. Code R. § 150-27-5