West Virginia Code of State Rules
Agency 175 - Alcohol Beverage Control Commission
Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER
Series 175-05 - Licensing Of Retail Outlets
Section 175-5-32 - Notice of and Hearing on Boundary Disputes

Universal Citation: 175 WV Code of State Rules 175-5-32

Current through Register Vol. XLI, No. 38, September 20, 2024

32.1. Any retail licensee who disputes the placement of any part of the boundary which forms a part of the boundary of the market zone, or designated area within the market zone, within which the retail licensee's retail outlet is located may petition the Commissioner for a resolution of the dispute.

32.1.a. The petition shall be in writing, and shall state the boundary in dispute, the grounds of the petition and all persons who may be affected by the Commissioner's decision.

32.1.b. A copy of the petition shall be concurrently served upon all persons who may be affected by the Commissioner's decision and the petitioner shall verify under oath that such service has occurred.

32.1.c. Within ten (10) days after receipt of the petition, the Commissioner shall schedule a hearing on the matter. At least twenty (20) days' notice of the hearing shall be provided to affected persons. Notice is to be sent by certified mail, return receipt requested to the addresses provided by the petitioner.

32.2. The hearing and the administrative procedures prior to, during and following the same, shall be governed by and in accordance with the provisions of W. Va. Code § 29A-5-1, et seq., in like manner as if those provisions were fully set forth in this section.

32.3. Any person adversely affected by an order entered following a hearing shall have the right of judicial review thereof in accordance with the provisions of W. Va. Code § 29A-5-4 with like effect as if those provisions of said § 29A-5-4 were fully set forth in this section.

32.4. The judgment of a circuit court reviewing such order of the Commissioner shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of W. Va. Code § 29A-6-1.

32.5. Each party shall be responsible for his or her own legal representation.

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