West Virginia Code § 22-14-7

Granting or rejecting applications for certificate of approval by division;
Open in Lexace · Ask the AI about this section
publication of notice of application; hearing upon application.
Upon receipt of an application for a certificate of approval and the fee required under the
provisions of this article, the secretary shall proceed to consider the application for
sufficiency. The secretary shall approve or disapprove the application within sixty days after
receipt. e
If an application is defective, it shall be returned to the applicant by certified or registered
mail, return receipt requested, in order that the applicant may correct any defect: Provided,
That a defective application must be returned to the departmentu by the applicant within
thirty days after it has been returned to the applicant or it shall be treated as a new
application: Provided, however, That for good cause shown, tthe secretary may extend the
thirty-day period.
Upon approval by the secretary of the sufficiency of the application, the applicant shall
immediately publish the application as a Class I leglal advertisement in compliance with the
provisions of article three, chapter fifty-nine osf this code, the publication area for the
publication is the county in which the proposed dam is to be located or in which the existing
dam is located. The notice shall include, but not be limited to, the name and address of the
owner of the dam and the location ogf the dam for which the application was filed.
Any person whose life or property may be adversely affected by the issuance of a certificate
of approval has a right to a hearing before the secretary if the person demands the hearing
in writing within fifteen days of publication of the certificate of approval. The written request
for hearing shall include specific objections to the certificate of approval.
Upon receipt by the secretary of the written request for hearing, the secretary shall
immediately set a date for the hearing and shall notify the person or persons demanding a
hearing. The hearing shall be held within ten days after receipt of the written request. The
secWretary shall hear evidence from all interested parties and shall either: (1) Refuse to issue
a certificate of approval; or (2) issue a certificate of approval which shall be subject to terms,
conditions and limitations as the secretary may consider necessary to protect life and
property.
Unless otherwise extended by the secretary, a certificate of approval is valid for a period of
not more than one year.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.