SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 453 History

OTHER VERSIONS  -  Committee Substitute (1)  |  Enrolled Version - Final Version  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 453

(By Senators Green, White, Laird, Chafin, Yost, Minard, Unger, Kessler, Bowman, K. Facemyer, D. Facemire and Plymale)

____________

[Introduced March 4, 2009; referred to the Committee on the Judiciary.]

____________


A BILL to amend and reenact §24-1-9 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; recommended decisions by hearing commissioner, examiner or panel; and service of decisions on parties, including by electronic transmission.

Be it enacted by the Legislature of West Virginia:
That §24-1-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS.

§24-1-9. Recommended decision by hearing commissioner, hearing examiner or panel.

(a) Any order recommended by a single hearing commissioner, a hearing examiner or a panel consisting of a hearing examiner and a single commissioner with respect to any matter referred for hearing shall be in writing and shall set forth separately findings of fact and conclusions of law, which findings of fact shall make specific reference to the evidence in the record which supports such findings, and shall be filed with the commission. A copy of such recommended order shall be served upon the parties who have appeared in the proceeding.
The Commission may serve a copy of the recommended order by certified mail or first class mail. As an alternative to service by mail, the Commission may serve a party by electronic transmission when the party has the capability to receive the electronic transmission and has furnished an electronic address. Any such electronic transmission shall contain a "return receipt" mechanism to assure the Commission that a recommended order was received. Service is complete by mail when the recommended order is placed in the mail to the address furnished by the party. Service is complete by electronic transmission when the recommended order is sent to the electronic address provided by the party.
(b) Before any order is recommended, the parties shall be afforded an opportunity to submit, within the time prescribed by the hearing commissioner, hearing examiner or panel proposed findings of fact and conclusions of law and briefs.
(c) Within the time prescribed, the parties shall be afforded an opportunity to file exceptions to the recommended order and a brief in support thereof, provided the time so fixed shall be not less than fifteen days from the date of mailing by certified mail service of such recommended order to the parties.
(d) In all proceedings in which exceptions have been filed to a recommended order, the commission, before issuing its final order, may afford the parties an opportunity for oral argument. When exceptions are filed, as herein provided, it shall be the duty of the commission to consider the same and if sufficient reason appears therefor, to grant such review or make such order or hold or authorize such further hearing or proceeding as may be necessary or proper to carry out the purposes of this chapter. The commission, after review, upon the whole record, or as supplemented by a further hearing, shall decide the matter in controversy and make appropriate order thereon.
(e) When no exceptions are filed within the time specified, such recommended order shall become the order of the commission five days following the expiration of the period for filing exceptions unless the order is stayed or postponed by the commission: Provided, That the commission may, on its own motion before such order becomes the order of the commission, review any such matter and take action thereon as if exceptions thereto had been filed.
(f) The commission, a hearing commissioner, a hearing examiner or panel to whom a matter is referred may expedite the hearing and decision of any case if the public interest so requires by the use of pre-trial conferences, stipulations and agreements, prepared testimony, depositions, daily transcripts of evidence, trial briefs and oral argument in lieu of briefs, as appropriate.



NOTE: The purpose of this amendment is to delete the requirement of the Commission to serve recommended decisions by certified mail and to allow a service by electronic transmission, when available to the parties.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print