West Virginia Code of State Rules Agency 50 - Shallow Gas Well Review Board
Here’s a comprehensive overview of West Virginia Code of State Rules, Agency 50 – Shallow Gas Well Review Board:
🛢️ Agency 50 – Overview
Agency 50 comprises the procedural rules governing the Shallow Gas Well Review Board, as outlined in Title 50, Series 50‑01 (law.cornell.edu). This body adjudicates disputes over locations and activities related to shallow gas wells—those drilled within 100 ft above the Onondaga Group (code.wvlegislature.gov).
⚖️ Series 50‑01: Rules of Practice Before the Board
Scope & Applicability
Governs all proceedings before the Board, including objections to shallow gas well site proposals under WV Code §22‑7‑7 (regulations.justia.com).
Allows for liberal interpretation to ensure just, prompt, and cost-effective hearings (law.cornell.edu).
Board Authority
Operates under statutory authority in WV Code §22‑7‑6 and §29A‑3 (law.cornell.edu).
Effective since August 22, 1987 (filed July 23, 1987) (law.cornell.edu).
🧑⚖️ Membership & Structure
Under WV Code §22C‑8‑4:
The Board comprises three members: the Oil & Gas Commissioner, the Chief of the Office of Oil & Gas, and a mining engineer with at least 10 years' coal mining experience, appointed by the Governor (code.wvlegislature.gov).
The Governor-appointed member serves until a successor is confirmed by the Senate (code.wvlegislature.gov).
🛠️ Procedural Highlights
Initiation of Proceedings
Objections to well locations are submitted via Form IV‑15 by the DEP Director.
The Board must convene a hearing within 10–20 days of receipt, with at least 10 days’ notice to involved parties (regulations.justia.com).
General Rules
Sections include definitions, hearing procedures (in §50‑1‑5), and rules for objection processes (§50‑1‑2) (regulations.justia.com).
🧾 Statutory Framework
The Board’s enabling statute is found in WV Code Chapter 22C, Article 8.
Related provisions on definitions, notice, and operator duties are in WV Code Chapter 22, Article 6 .
✅ Summary
Agency Type: Quasi-judicial procedural agency.
Scope: Handles objections to shallow gas well site proposals.
Composition: Three-member board (Commissioner, Chief, appointed mining-engineer).
Process: Formal hearings initiated via objection, rules ensure timely and fair adjudication.
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