West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-01 - Rules for Hearings Under the Administrative Procedures Act
Section 69-1-9 - Concluding the Hearing
Current through Register Vol. XLI, No. 38, September 20, 2024
9.1. At the conclusion of the hearing, the parties shall be permitted to file proposed findings of fact, conclusions of law, and such legal briefs or memoranda as they wish, which filings shall be concurrent. The parties shall be permitted to respond to the filing of any other party. No further argument shall be permitted.
9.2. Thereafter, unless the secretary or a member of the Board of Review served as the hearing officer in the particular case, the hearing officer will prepare a report and recommendation which shall contain proposed findings of fact and conclusions of law as suggested by the hearing officer for the secretary's approval. The parties to the hearing shall then be permitted seven days in which to file objections or comments upon the report and recommendation and three more days to respond to each others' objections or comments. Thereafter, the secretary shall decide whether to accept the report and recommendation, to reject it, to modify to, or to remand the matter to the hearing officer for further proceedings or upon other instructions. The secretary retains his or her right to review any and all proposed findings of facts against the record and to disagree therewith provided that the secretary states the basis for the disagreement in his or her final order. The secretary shall render either a final order or an interlocutory order as his or her decision may require in which the secretary accepts in whole or in part the proposed findings of fact and conclusions of law submitted by the hearing officer and, to the extent that the secretary rejects or modifies the report and recommendation of the hearing officer, the secretary shall furnish his or her own findings of fact and conclusions of law. If in a particular case the secretary or member of the Board of Review served as the hearing officer, the secretary or member of the Board of Review shall issue a decision following his or her review of the proposed finds of fact, conclusions of law, and legal briefs or memoranda.
9.3. A copy of the final order or decision of the secretary shall be served upon each party and or the party's attorney of record.
9.4. All appeals from the final order or decision of the secretary shall be taken pursuant to West Virginia Code, § 29A-5-4.
