Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-5A-7 - Appeal of Certification7.1. Standing for Requesting and Appeal Hearing; Requests; Decision. 7.1.a. Any person whose property, or property interest is directly affected by the Department's certification or certification denial, may request a hearing within 15 days after notification of the certification decision.7.1.b. A person described under subdivision 7.1.a. shall make a request for hearing to the Secretary. The request for hearing shall identify the interest directly affected and set forth the manner in which the person is aggrieved or adversely affected.7.1.c. The Secretary shall decide whether to hold such hearing.7.2. Appeal Hearing. 7.2.a. If the Secretary grants the request for a hearing, the Secretary, or the Secretary's designee acting as a hearing examiner, shall hold the hearing within 60 days from the date the appeal request is received by the Department. All hearings will normally be held in Charleston at a place specified by the Secretary. The Secretary, however, may hold the hearing at another location or time.7.2.b. The parties to the proceeding shall be the aggrieved person, who shall be known as the appellant and the Department of Environmental Protection which shall be the appellee.7.2.c. In conducting the hearing, the Secretary or the Secretary's designee acting as a hearing examiner, shall follow the procedures contained in the West Virginia Administrative Procedures Act, W. Va. Code § 29A-5-1, et seq. Both parties may be represented by counsel.7.2.d. Parties may seek discovery and may make various motions as outlined in the West Virginia Rules of Civil Procedure, Rules 7-16 and 26-37, which rules shall generally apply.7.2.e. After the hearing the Secretary shall decide the issues presented and shall notify the parties in writing of such decision.