Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-7-3 - Article Two Decisions3.1. "Article two decision or action," means a decision or action taken under the provisions of article two, chapter twenty-three of the West Virginia Code.3.2. Language. On and after the effective date of this rule, each written article two decision or action shall include language to inform the employer that it is afforded the right to file a request for reconsideration of the decision or action.3.3. Requirement. Each employer who desires to dispute an article two decision or action is required to file a complete and timely request for reconsideration as a condition precedent to filing a petition for an article two hearing under the provisions of W. Va. Code § 23-2-17. No request for reconsideration is required to be filed in petitions for relief filed under the provisions of W. Va. Code § 23-2-15.3.4. Time limits. A request for reconsideration shall be filed with the commission within thirty (30) days of the employer's receipt of notice of the disputed commission's decision or action or, in the absence of such a receipt, within sixty days of the date of the commission's making such disputed decision or taking such disputed action. Such time limitations are a condition of the right to litigate the decision or action and are jurisdictional.3.5. Contents of the request for reconsideration. In its request for reconsideration, the employer shall clearly identify the decision or action disputed. The employer shall also clearly identify the bases upon which the employer disputes the decision or action.3.6. Review. Upon the filing of an employer's request for reconsideration, the commission shall review the bases for the request. Such a review may include a meeting with the employer, a review of the employer's records, or any other process calculated to provide the commission with the relevant information necessary to perform its review. After reviewing the request, the commission shall enter its final decision. 3.6.1. The commission is required to enter a final decision or enter into an extension agreement with the employer within one hundred-twenty (120) days from the date the employer's request for reconsideration is filed.3.6.2. The commission and the employer may enter into a written extension agreement to provide no more than an additional sixty (60) days for the commission to enter a final decision.3.6.3. The commission's failure to enter a final decision within the initial time period or extended time period, where applicable, triggers an employer's right to file a petition for hearing under the provisions of W. Va. Code § 23-2-17.3.7. Effect of filing. The filing of a timely and complete request for reconsideration of a written decision or action of the commission stays the tolling of the time limitations for filing a petition for hearing under the provisions of W. Va. Code § 23-2-17 until the final decision is issued.3.8. Example. The employer receives an article two decision or is notified of an article two action. The employer desires to dispute the decision or action. The employer must file a request for reconsideration of the decision or action and await the commission's final decision in the matter, the expiration of the one hundred-twenty (120) day period for the commission to issue a final decision, or the expiration of such additional written time extension agreement as limited by this rule. The final decision may be contested under the process provided in W. Va. Code § 23-2-17. Should the employer fail to file a timely and complete request for reconsideration, then the commission's decision or action becomes final.3.9. Conversion. On and after the effective date of this rule, a petition for hearing filed under the provisions of W. Va. Code § 23-2-17 shall be converted to a request for reconsideration when there has not been a previous filing of a request for reconsideration of the disputed decision or action. The commission shall notify the employer of this conversion. 3.10. Petitions for hearing. All article two petitions for hearing shall be filed with a hearing examiner designated by the executive director and, upon termination of the commission, the insurance commissioner.