West Virginia Code § 31A-8-1

Hearings before commissioner or hearing examiner; procedure, etc
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(a) Any person who is adversely affected by any order, demand, action, refusal, failure to act,
denial or requirement of the commissioner (other than the promulgation of rules and
regulations which promulgation shall be in accordance with the provisions of article three,
chapter twenty-nine-a of this code) shall be entitled to a hearing thereon before the
commissioner or a hearing examiner appointed by him if such person files weith the
commissioner a written demand for such hearing within ten days after receiving written
notice of such order, demand, action, refusal, failure to act, denial or rerquirement or within
ten days after receiving knowledge thereof through the application or implementation
thereof or by any other means, whichever event shall first occur.
(b) Upon receipt of a demand for such hearing the commissitoner shall set a time and place
therefor not less than ten and not more than thirty days thereafter. Said hearing may be
continued by the commissioner upon his own motion or for good cause shown by the person
demanding the same.
(c) All of the pertinent provisions of article fivse, chapter twenty-nine-a of this code shall
apply to and govern the hearing and the administrative procedures in connection with and
following such hearing.
(d) Any such hearings shall be conducted by the commissioner or a hearing examiner
appointed by him For the purpose of conducting such hearings the commissioner or such
hearing examiner shall have the power and authority to issue subpoenas and subpoenas
duces tecum which shall be issued and served within the time, for the fees and shall be
enforced and governed as provided in section one, article five of said chapter twenty-nine-a.
(e) The person demanding such hearing may represent himself thereat or be represented by
an attorney at law admitted to practice before any circuit court of this state.
(f) After any such hearing and consideration of all of the testimony, evidence and record in
the case, the commissioner shall render his decision in writing affirming, modifying or
reversing the order, demand, action, refusal, failure to act, denial or requirement with
respect to which such hearing was demanded, which decision shall be accompanied by
findings of fact and conclusions of law as specified in section three, article five, chapter
twenty-nine-a of this code, and a copy of such decision and accompanying findings and
conclusions shall be served upon the person demanding such hearing, and his attorney of
record, if any.

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