Current through Register Vol. XLI, No. 19, May 10, 2024
1.1. Scope. 1.1.1. The procedures and rules of practice set forth herein shall govern and apply to proceedings before Presiding Officers, the Director of the Office of Miners' Health, Safety and Training, or the agency generally including proceedings to assess monetary civil penalties pursuant to W. Va. Code §22A-1-21, proceedings to review orders and notices pursuant to W. Va. Code §22A-1-17 and proceedings initiated upon a petition for declaratory ruling pursuant to W. Va. Code §29A-4-l.1.1.2. In any proceedings initiated prior to the effective date of this rule, the provisions hereof shall govern and apply to all activities in such proceedings conducted after the effective date of this rule. Except when ordered by the Office of Miners' Health, Safety and Training, no reissuance of any pleading, documents or requests shall be required in such a proceeding.1.1.3. This rule shall be liberally construed to secure the just, prompt and inexpensive conduct and determination of all proceedings before the Office of Miners' Health, Safety and Training consistent with adequate consideration of the issues involved.1.1.4. On any procedural question not regulated by this rule, the pertinent provisions of the Administrative Procedure Act shall apply. On any matter not regulated by this rule and for which there is no pertinent provision in the Administrative Procedure Act, the provisions of the West Virginia Rules of Civil Procedure or the rules of evidence and privilege applicable in the courts of general jurisdiction of this State, as appropriate, shall apply.1.2. Authority. -- W. Va. Code §22A-1-6.1.3. Filing Date. -- July 27, 2023.1.4. Effective Date. -- August 31, 2023.