Current through Register Vol. XLI, No. 21, May 23, 2024
Section 56-14-4 - Objections and Hearings4.1. An applicant determined to be ineligible for a tax credit or whose application is rejected may file written objections with the Director. An applicant who files a written objection pursuant to this section shall be afforded an opportunity to contest the Director's determination and the opportunity to present testimony and enter evidence in support of its position.4.2. An objection shall be deemed timely filed if received by the Office of Miners' Health Safety and Training within 10 calendar days of the date of the Director's determination.4.3. A hearing shall be conducted in accordance with the contested cases provisions of W. Va. Code §29A-5. However, notwithstanding time requirements for notice and hearing contained W. Va. Code §29A-5-1, the following time requirements shall govern the expedited administrative hearings held pursuant to this section:4.3.1. An expedited administrative hearing shall be held within 10 days of an applicant's timely request for a hearing.4.3.2. Evidence from any party must be submitted to the hearing examiner before, or at, the administrative hearing.4.3.3. Hearings shall not be continued except by agreement of the parties or upon the most compelling of good cause. Good cause determinations will be strictly resolved in view of the legislative mandate to expedite the resolution of the issue.4.3.4. The hearing officer shall issue a decision within 10 days of the date of the administrative hearing.4.4. Either party may appeal the hearing officer's decision to the Intermediate Court of Appeals in accordance with W. Va. Code §51-11-4.