COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 453
(By Senators Green, White, Laird, Chafin, Yost, Minard, Unger,
Kessler, Bowman, K. Facemyer, D. Facemire and Plymale)
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[Originating in the Committee on the Judiciary;
reported March 20, 2009.]
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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; service of decisions on parties, including by
electronic transmission; and removing antiquated language.
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.
(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) The commission shall serve a copy of the recommended order
on the parties by one of the following means:
(1) By certified U. S. mail, return receipt requested; or
(2) By electronic transmission: Provided, That the party has
the capability to receive the electronic transmission, has
furnished an electronic address and has agreed in writing to accept
recommended orders electronically. Electronic transmissions shall
contain a "return receipt" or "read receipt" mechanism to assure
that a recommended order was received by the party: Provided,
however, That if the commission does not receive a confirmatory
electronic transmission acknowledging the recommended order was
received by the party, via return receipt, read receipt or
electronic mail, within three business days of service, the
commission shall serve the recommended order by certified U. S.
mail, return receipt requested.
(d) Service is complete when the recommended order is placed
in the mail or transmitted electronically to the party.
(c) (e) 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
is not less than fifteen days from the date of mailing by certified
mail service of such recommended order. to the parties
(d) (f) 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 shall consider the same and exceptions. If
sufficient reason appears therefor, for the exceptions, to the
commission may grant such the review or make such an order or hold
or authorize such further hearing or proceeding hearings or
proceedings. 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) (g) When no exceptions are filed within the time
specified, such the 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 the order becomes the order of the commission, review
any such matter and take action thereon as if exceptions thereto
had been filed.
(f) (h) 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 pretrial conferences, stipulations and
agreements, prepared testimony, depositions, daily transcripts of
evidence, trial briefs and oral argument in lieu of briefs, as
appropriate.
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(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.)