West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles
Section 150-27-5 - Administrative Process for Issuing Administrative Sanctions
Current through Register Vol. XLI, No. 13, March 29, 2024
5.1. An enforcement officer of the Commission shall issue a uniform citation for violations of law involving commercial motor vehicles.
5.2. Upon receipt of a copy of the citation involving a coal shipment on a coal resource transportation road, the staff will issue a notice of violation no later than 30 days from the date of the citation.
5.3. Upon receipt of information from a coal shipment report that indicates that a violation has occurred, the staff will issue a notice of violation no later than 30 days from the receipt of such information.
5.4. A written notice of violation will be provided to the shipper, owner, and driver by letter, sent by certified mail or personally served, informing them of the sanction to be imposed and their rights under W. Va. Code § 17C-17A-9.
5.5. If a hearing is not requested as provided herein, the notice of violation shall become a final order of the Commission.
5.6. The Commission can take administrative notice of a magistrate court conviction at any time during the administrative sanction process and impose administrative sanctions against the party convicted without further process.
5.7. If a hearing is requested, the request must be in writing and received by the Executive Secretary no later than twenty days from the receipt of the notice of violation. The request for hearing must include a copy of the citation. In addition, the request must identify whether the person is a shipper, owner or lessee, driver, or receiver. There will be one proceeding for all persons subject to administrative sanctions in a particular cited incident who have filed a request for hearing. For example, if both the operator and owner request a hearing concerning a particular violation, the Commission will provide one hearing at which they would both appear. If one person requests a hearing and another does not, the Commission may proceed to impose administrative sanctions against a party that does not request a hearing. Requests for hearing must be delivered to:
Public Service Commission of WV
Attn: Executive Secretary
201 Brooks Street
Post Office Box 812
Charleston, West Virginia 25323
5.8. Upon receipt of the request for hearing, the Secretary's office shall give the request a case number designation. The request will be forwarded to the employees designated by the Commission to conduct hearings.