West Virginia Code of State Rules Agency 37 - Mine Board Of Appeals
Here’s a detailed summary of West Virginia Code of State Rules, Agency 37 – Mine Board of Appeals (Title 37):
🏛️ Agency Role & Scope
Agency 37—titled Procedural Rule: Mine Board of Appeals—governs how appeals and hearings are conducted by the West Virginia Mine Board of Appeals. This applies to contested cases involving the Office of Miners’ Health, Safety & Training (OMHST), including certificate suspensions and contested orders. These rules are issued under authority of WV Code § 22A‑1‑17 and related statutes. (law.cornell.edu)
📚 Series Breakdown
Series 37‑01: Rules and Procedures Governing Practice Before the Board of Appeals (§37‑1‑1 to §37‑1‑4)
Sets out procedures for initiating appeals, filing pleadings, service requirements, hearings, and due process.
Applies to proceedings before the Board or its hearing examiners, including withdrawal of certifications under WV Code § 29‑1A‑22a.
Rules apply retroactively to ongoing cases at the time of adoption, ensuring continuity without needing to restart submissions. (regulations.justia.com)
Series 37‑02: Procedures for Temporary Suspension of Certificates (§37‑2‑1 to §37‑2‑2)
Establishes a fast-track process for issuing and appealing temporary suspensions of mining-related certificates (e.g., explorer, belt examiner), pending a full hearing.
Permits the Board to modify or lift suspensions ahead of final adjudication.
Procedural correctness is critical; courts have scrutinized adherence to procedural requirements in notable appeals. (law.cornell.edu)
⚖️ Legal Precedents & Impact
In Wooten v. Coal Mine Safety Board of Appeals (2010), the Supreme Court ruled that the Board may modify a temporary certificate suspension—but only if it strictly adheres to its own code‑specified procedures—highlighting the importance of procedural fidelity. (case-law.vlex.com)
📋 Summary Table
| Series | Focus Area | Key Points |
|---|---|---|
| 37‑01 | General appeal procedure | Appeals, pleadings, hearings, examiner roles |
| 37‑02 | Temporary certificate suspension appeals | Immediate suspensions, interim relief, procedural safeguards |
✅ Key Takeaways
Agency 37 provides the formal process for contesting enforcement actions by OMHST.
Series 37‑01 ensures fairness in appeals, with due process protections and consistent rule application.
Series 37‑02 allows swift response to temporary suspensions but mandates strict procedural compliance.
Judicial decisions (e.g., Wooten) reinforce that the Board must follow its own rules exactly, especially when altering suspensions.
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