West Virginia Code of State Rules Agency 105 - Administrative Hearings, Office of

23 Jun 2025 --
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Overview of Agency 105 – Office of Administrative Hearings (OAH)

Agency 105 governs the Office of Administrative Hearings (OAH) in West Virginia. The office conducts administrative hearings for disputes arising from decisions made by state agencies (like the Division of Motor Vehicles). The rules in this agency are designed to ensure fairness, due process, and uniformity in administrative proceedings.

The OAH is separate from the agencies whose decisions are under review; once a case is appealed, OAH acts as an independent adjudicatory body.

Key Provisions of Series 105-01 – Appeal Procedures

1. Definitions and Scope

Office of Administrative Hearings (OAH) – The agency that hears and decides appeals.

Petitioner – Person challenging an agency decision.

Respondent – Agency or official whose decision is being appealed.

The rules apply to all contested administrative cases referred to OAH.

2. Filing, Service, and Deadlines

Appeals must be filed within the deadlines set by the rules.

All filings must be served on the opposing party.

Acceptable methods of service include in-person delivery, mail, fax, or email.

Time calculations follow specific rules to ensure fairness.

3. Hearing Notices, Continuances, and Rehearings

The OAH provides written notice to all parties specifying the time, place, and issues for the hearing.

Hearings can be postponed for good cause, such as scheduling conflicts.

Only parties to the case may request continuances or rehearings.

4. Hearing and Evidence

Hearings are de novo, meaning OAH considers the matter anew, rather than just reviewing the agency’s prior decision.

Rules of evidence similar to court proceedings apply.

Parties have the right to:

Present witnesses and exhibits.

Cross-examine opposing witnesses.

Object to evidence.

The hearing officer may regulate procedure, motions, and evidence admission to maintain fairness.

5. Official Record and Fees

The official record includes:

Hearing transcript

Exhibits

Motions and rulings

The final order

Parties may request copies of the record or transcript, usually at their own cost.

6. Motions to Reconsider

Parties may file a motion to reconsider in limited situations, such as clerical errors or administrative mistakes.

The OAH may grant reconsideration only if explicitly authorized by the rules.

Relevant West Virginia Case Law

1. Reed v. Thompson (2015)

Issue: Whether OAH could reconsider a final order in the absence of a clear rule.

Holding: OAH cannot modify or revoke a final order unless the rules or statute specifically allow it.

Principle: Administrative bodies may only exercise powers granted by statute or rules.

2. State ex rel. Frazier v. Thompson (2020)

Issue: Proper creation and use of the administrative record in OAH hearings.

Holding: OAH must follow procedural rules in admitting evidence and maintaining the record.

Principle: Fair hearing requires adherence to procedural safeguards, even in administrative hearings.

Summary Table of Key Sections in Series 105-01

Section	Subject
105-1-1	General provisions
105-1-3	Definitions
105-1-4	Addresses for service
105-1-5	Time and deadlines
105-1-6	Service of documents
105-1-8	Hearing notices
105-1-9	Continuances and rehearings
105-1-15	Hearing procedures and evidence
105-1-16	Official record and fees
105-1-18	Motions for reconsideration