Current through Register Vol. XLI, No. 40, October 4, 2024
Section 85-28-6 - Hearings; General Provisions6.1. All administrative hearings conducted pursuant to this rule will be held in accordance with the provisions of W. Va. Code Section § 29A-5-1 et seq. and the provisions of this rule.6.2. Representation. Corporations and the Commission may only be represented by an attorney duly licensed to practice law in the state of West Virginia.6.3. Notice of scheduling/status conference or hearing. Unless waived by all parties, all such conferences or hearings shall be preceded by at least ten (10) calendar days written notice.6.4. Counsel for the health care provider shall file a notice of appearance with the hearing officer, the Commission, and with the Commission designee along with the request for a hearing, or as soon thereafter as the attorney assumes representation of the health care provider.6.5. The conference and hearings shall be held in Kanawha County, West Virginia, telephonically, or in the county designated by the Commission. The decision to hold the hearing in person or telephonically shall vest in the discretion of the hearing officer. The initial scheduling/ status conference shall be held within forty (40) calendar days from the receipt of protest, unless continued by agreement of the hearing officer and parties.