Current through Register Vol. XLI, No. 45, November 8, 2024
Section 65-7-16 - Exemption Review Procedure16.1. Any person seeking an exemption pursuant to section 15 of this rule or pursuant to rules promulgated by the board shall file with the board a letter of intent to do so at least fifteen (15) days before the submission of a formal request for exemption. The letter of intent shall contain sufficient information to advise the board of the nature of the exemption sought and outline the grounds for the exemption.16.2. Upon receipt of the letter of intent, the board shall publish a notice in the Saturday Charleston newspapers and the State Register. The notice shall identify the legal entity seeking an exemption, the type of exemption requested and a description of the proposal. The notice shall also state the rights of affected parties to a hearing.16.3. The applicant shall file an exemption application with the board no sooner than the fifteenth day or later than the thirtieth day following the filing of a letter of intent. The chief executive officer and the person or persons who prepared the application shall each sign a verification and attach it to the application. Upon receipt of the application, the board has fifteen (15) days in which to determine whether or not the application is complete. If the application is not complete, the board may request additional information. Upon receipt of the additional information, the board has fifteen (15) days to determine if the application is complete.16.4. Upon determining that the application is complete, and after the date has passed in which an affected person may request a hearing, the board shall publish a notice in the Saturday Charleston newspapers and the State Register. The notice shall identify the legal entity seeking the exemption, the type of exemption requested and describe the proposal. If a hearing has been requested, the notice shall also state the time, date and place of hearing.16.5. If no hearing has been requested by an affected party, the board shall render its decision on the exemption request within ten (10) days of the publication required by subsection 16.4. of this rule.16.6. If a hearing has been requested by an affected party, the board shall hold a hearing within thirty (30) days of the request unless the board sets a later date upon a showing of good cause. At the conclusion of the hearing, the parties may submit proposed findings of fact and conclusions of law or legal briefs within five (5) days of the receipt of the transcript and the board may extend this period only with the consent of the applicant. The board then has ten (10) days from the receipt of these items, or the closure of the record if those items are not tendered, to render its written decision.16.7. The board may conduct a prehearing conference in accordance with Rule 16 of the West Virginia Rules of Civil Procedure. The affected parties may engage in discovery as provided by the West Virginia Rules of Civil Procedure. The scope of any discovery permitted by this section is limited to relevant and admissible evidence. Affected parties shall file a copy of the certificate of service attached to the discovery request and a copy of the certificate of service attached to the response to the discovery with the board. Affected parties shall not file copies of the actual discovery or responses with the board.16.8. Only an affected party may request a hearing and the affected party shall file the request, in writing, with the board within ten (10) days of the publication of the notice in the Charleston Saturday newspapers as described in subsection 16.2 of this rule.