Bill Text: WV SB640 | 2022 | Regular Session | Introduced
Bill Title: Eliminating requirement of PSC to send certain recommended decisions by certified mail
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2022-02-24 - To House Government Organization [SB640 Detail]
Download: West_Virginia-2022-SB640-Introduced.html
WEST virginia legislature
2022 regular session
Introduced
Senate Bill 640
By Senator Nelson
[Introduced February 15,
2022; referred
to the Committee on Government Organization]
A BILL to amend and reenact §24-1-9 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; and eliminating the requirement of sending certain recommended decisions by certified mail.
Be it enacted by the Legislature of West Virginia:
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 the 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.
(e) Within the time
prescribed, the parties shall be afforded an opportunity to file exceptions to
the recommended order and a brief in support, provided the time fixed is not
less than 15 days from the date of service of such the recommended
order.
(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, the commission shall consider the exceptions. If sufficient reason appears for the exceptions, the commission may grant the review or make an order or hold or authorize further hearings or proceedings. 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.
(g) When no exceptions are filed within the time specified, 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 the order becomes the order of the commission, review any matter, and take action as if exceptions had been filed.
(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 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.
NOTE: The purpose of this bill is to eliminate the requirement to send certain recommended decisions by certified mail, return receipt requested. The elimination of this requirement will result in a cost savings to the Commission.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
