W. Va. Code R. § 151-3-12

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 151-3-12 - Declaratory Ruling - Procedures

12.1. On petition of any interested person, the executive secretary may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any law, rule, regulation or statute enforceable by the Board.

12.2. Any interested person shall petition the executive secretary in writing, succinctly stating the issues upon which the declaratory ruling is requested.

12.3. Upon receipt of such petition, the executive secretary may cause a hearing to be held for the presentation of arguments and evidence.

12.4. A declaratory ruling issued upon petition, proper notice and argument shall not preclude the petitioner from seeking a contested case hearing in accordance with the provisions of these Rules of Procedure for Contested Case Hearings and Declaratory Rulings. Such declaratory ruling shall serve only to explain or to elucidate the applicability to any person, property, or state of facts or any rule or stature enforceable by the Board and shall not be binding on any person.

W. Va. Code R. § 151-3-12