West Virginia Code of State Rules Agency 105 - Administrative Hearings, Office of
Here’s an enhanced overview of West Virginia Code of State Rules – Agency 105: Office of Administrative Hearings (Title 105, Series 105‑01 – Appeal Procedures), with citations and key procedural highlights:
🏛️ Agency & Series Overview
Agency 105 establishes the Office of Administrative Hearings (OAH) as the centralized body empowered to hear de novo appeals of contested cases across various WV agencies. The primary rule set governing these appeals is Series 105‑01: Appeal Procedures (law.cornell.edu), first effective July 1, 2013 (wvbar.org).
⚖️ Major Sections in Series 105‑01
Scope & Applicability – Covers all administrative appeals governed by Chapters 17B/17C of the WV Code, where no other procedures apply (regulations.justia.com).
Hearing Conduct (§ 105‑1‑15) –
Hearings are de novo, governed by Chapters 17B/17C and broader Code provisions (regulations.justia.com).
WV Rules of Evidence apply; testimony under oath; depositions allowed (regulations.justia.com).
Hearings are conducted by the Chief Hearing Examiner or a designated Hearing Examiner, with full authority over evidence, motions, witness seclusion, and decorum (regulations.justia.com).
Motions & Orders (§ 105‑1‑12) –
After the hearing, the responsible party must submit a proposed order within 7 days.
Opponent has 5 days to object or approve. If no objections, OAH enters the order automatically; otherwise examiner resolves within 5 business days (law.cornell.edu).
Motion to Reconsider (§ 105‑1‑18) –
Permits motions for clerical/administrative error within 10 days of final order.
OAH may also sua sponte correct errors. Such motions do not delay judicial appeal timelines (law.cornell.edu).
📝 Hearing Process & Authority
De Novo Review: All appealed matters start anew, not based on previous agency findings (regulations.justia.com).
Evidence Rules: WV court Rules of Evidence apply; depositions are admissible (courtswv.gov).
Examiner Powers: Can administer oaths, rule on motions, question witnesses, sequester, and maintain order (regulations.justia.com).
Recording: All proceedings are officially recorded. Unauthorized recordings by others require written permission .
⏱️ Timeline & Post‑Hearing Steps
Proposed Order: Filed within 7 days post-hearing by designated party.
Review: Opponent object/approve in 5 days; objections resolved in 5 business days (law.cornell.edu).
Reconsideration Window: 10 days to file motion for reconsideration based on clerical or legal mistakes § 105‑1‑18 (law.cornell.edu).
Final Orders: Corrected orders entered; judicial review time limits are not suspended by reconsideration motions (courtswv.gov).
🧩 Statutory & Historical Context
Legal Basis: OAH procedures derive from WV Code §§ 17B/17C (Administrative Procedures) and § 29A‑5‑4A authority, upheld by legislative rulemaking in 2014‑2015 (HB 2305) (wvlegislature.gov).
Effective Date: July 1, 2013, and consistently in force since (apps.sos.wv.gov).
✅ Quick Reference Table
| Topic | Details |
|---|---|
| Rule | Series 105‑01: Appeal Procedures |
| Effective Since | July 1, 2013 |
| Hearing Type | De novo; oath, evidence rules apply |
| Roles & Authority | Chief Examiner/designate runs hearings |
| Order Process | Proposed order in 7 days; objections in 5; resolution in 5 · motion to reconsider within 10 |
| Recording | Official recordings only; no external audio/video without permission |
| Reconsideration Effects | Does not pause judicial appeal deadlines |
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