West Virginia Code of State Rules Agency 37 - Mine Board Of Appeals

23 Jun 2025 --
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1. Overview of Agency 37 – Mine Board of Appeals

Agency 37 of the West Virginia Code of State Rules (CSR) governs the Mine Board of Appeals, which is a quasi-judicial body that handles disputes, appeals, and enforcement matters related to the West Virginia Mine Safety and Health Law.

The Board operates under West Virginia Code Chapter 22 (Mine Safety) and is empowered to review:

Orders issued by the West Virginia Office of Miners’ Health, Safety and Training (OMHST)

Citations and penalties issued for mine safety violations

Disputes regarding mine operations and compliance with safety regulations

Legal significance: The Board serves as the administrative appellate body for miners, mine operators, and other stakeholders before judicial review.

2. Purpose of Agency 37

The rules of Agency 37 exist to:

Provide a formal procedure for appealing mine safety citations and penalties.

Ensure that mine operators and employees have a fair and impartial hearing.

Establish deadlines and procedural rules for filing appeals.

Define powers of the Board in reviewing, modifying, or affirming orders and penalties.

Provide a mechanism for judicial review after Board decisions.

Legal importance: Compliance with these rules is mandatory; failure to follow procedures may result in dismissal of an appeal or uphold of the original citation.

3. Structure of Agency 37

Agency 37 is organized around procedural and operational rules for the Mine Board of Appeals:

3.1 Board Composition

The Board consists of members appointed by the Governor or as otherwise specified by statute.

Members typically have expertise in mining operations, safety, or labor relations.

The Board acts quasi-judicially, meaning it functions like a court for administrative appeals.

3.2 Jurisdiction and Scope

The Board hears appeals regarding:

Mine safety orders

Citations issued for violations

Penalties assessed for non-compliance

It cannot create new regulations; its role is to interpret existing law and rules.

Decisions are binding administratively but may be appealed to a court.

3.3 Filing and Procedural Rules

Appeals must be filed in writing within a specified period after an order or citation is issued.

The CSR sets deadlines for filing, responding, and submitting evidence.

Hearings may be oral or written, and parties can submit testimony, evidence, and legal arguments.

3.4 Board Powers

Affirm, modify, or reverse orders issued by the safety enforcement agency.

Adjust civil penalties based on evidence.

Require compliance measures to be implemented by mine operators.

Legal effect: The Board’s decisions carry administrative authority, enforceable unless overturned by a court.

3.5 Record and Judicial Review

The Board maintains a record of proceedings.

Parties may seek judicial review of final decisions in the West Virginia Circuit Courts.

Courts apply a substantial evidence standard, reviewing whether the Board acted arbitrarily or beyond statutory authority.

4. Relationship to Statute (WV Code Chapter 22)

Agency 37 rules implement statutory provisions under WV Code Chapter 22, which governs mine safety, inspections, and penalties.

The rules specify how appeals are processed, including:

Filing deadlines

Notice requirements

Hearings and evidence submission

If rules conflict with the statute, the statute controls, but properly adopted CSR rules have force of law.

5. Case Law Context

While West Virginia case law specifically interpreting Agency 37 is limited, courts have addressed related issues involving administrative review of mine safety orders.

5.1 Licensing and Penalties

Courts generally uphold mine safety penalties if issued according to statute and proper procedures.

A mine operator challenging a penalty must show that:

The Board acted outside its statutory authority

The decision was arbitrary or capricious

There was a due process violation

5.2 Procedural Due Process

Parties are entitled to notice of violations and an opportunity to be heard.

Courts have affirmed that timely filing of appeals is mandatory, and failure to meet deadlines may result in dismissal.

5.3 Substantial Evidence Standard

Courts review Board decisions under a substantial evidence standard.

This means the Board’s findings will be upheld if reasonable evidence supports the decision, even if the court might have reached a different conclusion.

Analogous Principles:

Administrative decisions from other West Virginia boards (e.g., Workers’ Compensation Board or Health Boards) are treated similarly.

Deference is given to the Board’s technical expertise in mine safety matters.

Legal principle: The Board has broad discretion, but courts ensure procedural fairness and that decisions are supported by evidence.

6. Practical Application

Area	Requirement	Legal Consequence
Filing appeals	Must file within deadlines	Late appeals may be dismissed
Hearings	Provide evidence and testimony	Failure to present evidence may weaken case
Compliance	Follow Board orders	Non-compliance may result in additional penalties
Judicial review	Available after Board decision	Court defers to Board if supported by substantial evidence

Key takeaway: Mine operators and employees must strictly follow procedural rules. Failure to comply may preclude relief, even if they have a valid defense.