Current through Register Vol. XLI, No. 37, September 13, 2024
Section 56-1-7 - Rules Applicable to Proceedings Initiated Upon Petition for Declaratory Ruling7.1. Scope. 7.1.1. This section governs and is applicable to proceedings initiated pursuant to W. Va. Code §29A-4-1 on petition of any interested person for a declaratory ruling to be issued by the OMHST with respect to the applicability to any person, property or statement of facts of any rule or statute enforceable by the MHST. In addition to the rules contained in this section, the general rules of practice before the OMHST contained in Section 3 and the rules relating to hearings held by the OMHST contained in Section 5 are also applicable to such proceedings.7.1.2. Any interested person may initiate proceedings for a declaratory ruling by the OMHST with respect to the applicability to any person, property or statement of facts of any rule or statute enforceable by it.7.2. Initiation of proceedings. 7.2.1. Proceedings for a declaratory ruling pursuant to W. Va. Code §29A-4-l shall be initiated by filing a petition for declaratory ruling with the OMHST.7.3. Answer. 7.3.1. Any party, other than the Director, desiring to participate in the proceeding in opposition to the petition for declaratory ruling shall file an answer within fifteen (15) days of service of such petition.7.4. Contents of petition and answer.7.4.1. A petition for declaratory ruling and an answer shall comply with applicable general requirements and shall contain: 7.4.1.a. A short plain statement of (i) such party's position with respect to each issue of law or fact which the party contends is pertinent to the applicability to a person, property or statement of facts of any rule or statute enforceable by the OMHST; and (ii) the construction of the rule or statute advanced by such party;7.4.1.b. A statement of whether the party submitting the document request a public hearing or waives such hearing as provided in Section 5.7. of this rule. Where a pleading does not include a request for public hearing, a party shall be deemed to have waived such hearing pursuant to Section 5.7. of this rule.7.4.2. Documents may be attached to pleadings as exhibits.7.5. Proceedings after petition; decision and order. 7.5.1. Upon receipt of a petition for declaratory ruling the Director may cause an investigation of the matter to be made as deemed appropriate and may appoint a Presiding Officer for all proceedings relating to such petition. If the Director declines to issue a declaratory ruling in response to such petition, he/she shall notify all parties in writing.7.5.2. In the event a party has requested a hearing in the petition or an answer, the Presiding Officer shall give notice of and conduct such hearing in accordance with the provisions of Section 5 of this rule. In the event the party has waived a hearing in accordance with the provisions of Subdivision 7.4.1.b. of this rule, the Presiding Officer shall promptly consider the pleadings and all documents submitted therewith by the parties.7.5.3. Within sixty (60) days after conclusion of the hearing or after consideration of the pleadings and documents filed therewith in the event a hearing is waived, the Presiding Officer shall issue a written decision and order incorporating therein findings of fact and conclusions of law stating the applicability to any person, property or statement of facts of the rule or statute enforceable by the OMHST which is the subject of the petition. Such decision and order shall state whether or not such ruling is binding between the OMHST and the petitioner. Such ruling shall not be binding upon any person other than the petitioner.7.5.4. In proceedings where the Presiding Officer is not the Director, the record in the case and the decision and order of the Presiding Officer shall be forwarded to the Director for his/her review. The Director shall approve, alter and approve, or reject the decision and order of the Presiding Officer. In the event the Director rejects the decision and order of the Presiding Officer, the Director shall forthwith prepare a decision and order to replace the decision and order rejected.7.5.5. A copy of all decisions and orders prepared or approved by the Director shall be served, by certified mail, return receipt requested, upon all parties and each order so served shall become effective upon service.