Title 40 W. Va. C.S.R.

OCR transcription: scanned official PDFs are included; printed-text accuracy has not been independently verified. Original PDF links appear with their text.

Historical publisher filings: 3 final-file versions labelled Historical by the Secretary of State are included. They are earlier publisher editions, not verified current rules.

Oil And Gas Inspector's Examining Board Oil And Gas Inspector's Examining Board

Series 01 Matter pertaining To The Rules And Regulations Dealing with Oil And Gas Inspector's Examining Board

W. Va. Code R. § 40-1-1 General

1.1. Scope. -- These rules shall govern and apply to proceedings under sections one and two of article seven, chapter twenty-two-c and section two, article six of chapter twenty-two of the West Virginia Code concerning Oil and Gas Inspectors, their testing and appointment, salary and compensation and their removal. They are not applicable to any other state employees in or out of the Department of Environmental Protection.

1.2. Authority. -- W. Va. Code §22C-7-3.

1.3. Filing Date. -- December 19, 2008.

1.4. Effective Date. -- January 18, 2009.

W. Va. Code R. § 40-1-2 Definitions

2.1. The terms, "chief", "department", "office", and "secretary" have the meanings as set forth in

section two, article one, chapter twenty-two of the West Virginia Code.

2.2. "Board" means Oil and Gas Inspectors' Examining Board created in section three, article seven,

chapter twenty-two-c of the West Virginia Code.

2.3. "Chairman" means the Chairman of the Oil and Gas Inspectors' Examining Board as set out in

section three, article seven, chapter twenty-two-c of the West Virginia Code.

W. Va. Code R. § 40-1-3 Application

3.1. Applicants for examination must complete an application form, and such form shall be filed with the Chief's office six (6) weeks prior to the examination date.

3.2. Upon receipt of all applications the Board will inform each applicant by first class mail at the address on the application form at least two (2) weeks prior to the examination as to whether the applicant is eligible to take the examination.

3.3. Examinations will be given on the first Thursday in May unless the number of applicants warrants another examination or unless there is a need to qualify additional candidates for a depleted register.

3.4. Applicants who fail to appear at their scheduled examination may appear at the next succeeding examination only, and upon missing two (2) consecutive examinations must reapply.

3.5. Examination content. -- The examination will consist of two parts. The first part is a two (2) hour written examination covering the principles and practice of oil and gas operations in West Virginia including but not limited to, article six, chapter twenty-two of the West Virginia Code and rules promulgated thereunder; and the second part is an oral test where members of the Board will interview the candidates to determine the candidates' ability to carry out the functions of an oil and gas inspector.

3.6. Passing grade. -- The passing grade the Board requires for the examination is seventy percent (70%).

3.7. Failure of examination. -- An applicant who fails the examination may be reexamined in accordance with subsection 3.3: Provided, That after three (3) failures the applicant has to wait two (2) full years before taking the examination again.

3.8. Within two (2) weeks after an examination each participant will be notified as to his or her score, by first class mail at the address on the application.

3.9. As soon as all tests are graded, the Board will certify to the Secretary a register as provided for in

section three, article seven, chapter twenty-two-c of the West Virginia Code.

W. Va. Code R. § 40-1-4 Compensation for inspectors and supervising inspectors

4.1. The Board may make its recommendations concerning compensation of inspectors to the Secretary pursuant to section two, article seven, chapter twenty-two-c of the West Virginia Code.

W. Va. Code R. § 40-1-5 Hearings before the Board

5.1. The provisions of this section apply to the following hearings:

5.1.a. Petitions brought by citizens for the removal of an inspector under section two, article seven, chapter twenty-two-c of the West Virginia Code;

5.1.b. Appeals by inspectors of level two grievances and suspensions or dismissals made by the Chief under section two, article one, chapter twenty-two-c of the West Virginia Code; and

5.1.c. Appeals of the striking of any candidate's name from the register by the Secretary under

section one, article seven, chapter twenty-two-c of the West Virginia Code.

5.2. All hearings under this section will be initiated by appeal or petition pursuant to sections one and two, article seven, chapter twenty-two-c.

5.3. Summary disposition. -- At the time of filing, the Board may summarily dispose of the petition on any of the following grounds:

5.3.a. The petitioner, inspector, supervising inspector, Secretary or Chief, has no right for review;

5.3.b. The Board lacks jurisdiction over the petition or appeal so filed;

5.3.c. The petitioner or appellant has failed to appear at the time and place for the hearing;

5.3.d. The petitioner or appellant has withdrawn or abandoned the request for a hearing; and

5.3.e. The petition or appeal, if all the alleged facts were true, would not warrant removal under

section two, article seven, chapter twenty-two-c of the West Virginia Code or revocation of the action taken by the Secretary or Chief. When the Board summarily disposes of a petition or appeal it shall notify all interested parties in writing.

5.4. Notice to interested parties. -- Notice will be sent to all Board members, petitioners, appellants and persons named in the petition or appeal by registered mail. Such notice shall contain a copy of the petition or appeal, and the time, date and place of the hearing, which date shall not be less than fifteen (15) days and not more than thirty (30) days after receipt of the petition or appeal by the Secretary or Chief.

5.5. Filing.

5.5.a. Where to file - Any petitions or appeals filed will be filed with the Secretary or Chief at the Office of Oil and Gas 601 57th Street SE, Charleston, WV 25304.

5.5.b. How to file - All filing will be accomplished by personal delivery or certified mail.

5.5.c. When filing is effective - Filing is effective upon delivery.

5.6. Presiding officer. -- The Chairman or any other member selected by the Board pursuant to

section two, article seven, chapter twenty-two-c shall preside over any hearing conducted pursuant to this

section.

5.7. Powers of the presiding officer. -- The presiding officer may:

5.7.a. Administer oaths and affirmations;

5.7.b. Issue subpoenas in accordance with the provisions of section one, article five, chapter twenty-nine-a of the West Virginia Code;

5.7.c. Rule upon offers of proof and receive relevant evidence;

5.7.d. Permit evidentiary depositions to be taken and read as in civil actions in the circuit courts of this state;

5.7.e. Permit discovery depositions;

5.7.f. Regulate the course of a hearing;

5.7.g. Dispose of procedural requests or similar matters;

5.7.h. Hold conferences for the settlement or simplification of the issues with the consent of the parties; and

5.7.i. Take any other action in connection with such hearing authorized by law.

5.8. Representation at hearings. -- At hearings held pursuant to this section, any party may represent himself or herself or be represented by an individual of his or her choice.

5.9. Conduct of hearing

5.9.a. Conduct of attorneys and individuals before the Board shall be the same as required of attorneys before the Circuit Courts of the State of West Virginia. Any person testifying in response to a subpoena or subpoena duces tecum issued by a presiding officer and any person testifying in support of a petition or in opposition thereto shall be required to do so under oath or affirmation administered by the presiding officer. Witnesses shall be examined with courtesy and respect, and their good faith shall be presumed.

5.9.b. Electronic recording of any hearing is prohibited except as may be required by the Board for preserving a record thereof for the use of the Board in connection with the matter being heard. The taking of photographs in or broadcasting of proceedings from any hearing room is prohibited.

5.9.c. A transcript of testimony shall be taken and preserved as part of the permanent record.

Parties may examine the official transcript.

5.10. Hearings held confidential. -- Hearings under this procedure will be held confidential unless so released by the person named in the petition or directed by a court order.

5.11. Written orders.

5.11.a. Within thirty (30) days after the conclusion of a hearing the Board shall consider the evidence and any proposals and issue a written order which will include:

5.11.a.1. A copy of the petition or appeal;

5.11.a.2. A statement of whether the petition or appeal is found to be justified; and

5.11.a.3. A statement of the appropriate action to be taken upon said petition or appeal.

5.11.b. A copy of said order shall be served on all parties of record. dep west virginia department of environmental protection Office of Oil and Gas 601 57th Street, SE Charleston, WV 25304 (304) 926-0450 Joe Manchin III, Governor Randy C. Huffman, Cabinet Secretary www.wvdep.org MEMORANDUM To:

Office of the Secretary of State From:

James Martin Chief Date:

December 19, 2008 Subject: 40CSR1 - Public Comment Period The public comment period was from October 7, 2008 to November 14, 2008 pursuant to the Notice filed with the Secretary of State on October 7, 2008 and the agency did not receive any comments.

Series 01 Matter pertaining To The rules And regulations dealing with oil And gas inspector's examining board

W. Va. Code R. § 40-1-1 General

1.1. Scope. -- These rules set forth herein shall govern and apply to proceedings under sections one and two of article thirteen, and section two, article one of chapter twenty-two-b of the West Virginia Code concerning Oil and Gas Inspectors, their testing and appointment, salary and compensation and their removal. They are not applicable for any other state employees in or out of the Department Division of Energy.

1.2. Authority. -- W. Va. Code $22-13-3 & $29A-3

1.3. Filing Date. -- Oeteber-5,-1984 October 9, 1990

1.4. Effective Date. -- November-5,-1984 October 9, 1990

1.5. Forms - A copy of any forms currently used under or required by these regulations may be obtained from the Department Division of Energy.

W. Va. Code R. § 40-1-2 Definitions

2.1. Statutory definitions. -- As used in these regulations, the terms "Director," "Department" Division" or "Department Division of Energy," "Divisien Section of Oil and Gas" or "Office" shall have the meanings as set forth in section one,

article one, chapter twenty-two-b of the West Virginia Code.

2.2. "Commissioner" means the Commissioner of the Department Division of Energy as defined in subsection three, section one-b,

article one, chapter twenty-two of the West Virginia Code.

2.3. "Board" means Oil and Gas Inspectors' Examining Board created in section three, article thirteen, chapter twenty-two of the West Virginia Code.

2.4. "Code" means the West Virginia Code of 1931, as amended. -

2.5. "Chairman" means the Chairman of the Oil and Gas Inspectors' Examining Board as set out in section three, article thirteen, chapter twenty-two of the West Virginia Code.

W. Va. Code R. § 40-1-3 Application

3.1. Applicants for examination must complete an application form, and such form shall be in the Director's office six (6) weeks prior to the examination date.

3.2. Upon receipt of all applications the Board will contact each applicant by first class mail at the address on the application form at least two (2) weeks prior to the examination as to whether the applicant is eligible to take the examination.

( See §22-13-2)

3.3. Examinations will be given on the first Thursday in May and-the-first-Thursday-in-Oeteber unless the number of applicants warrants another examination or unless there is a need to qualify additional candidates for a depleted register.

3.4. Applicants who fail to appear at their scheduled examination may appear at the next succeeding examination only, and upon missing two (2) consecutive examinations must reapply.

3.5. Examination content .-- The examination will consist of two parts. The first part is a two (2) hour written examination covering the principles and practice of oil and gas operations in West Virginia, not limited to, but including article one, chapter twenty-two-b of the West Virginia Code and regulations promulgated thereunder; and the second part is an oral test where members of the Board will interview the candidates to determine the candidates ability to carry out the functions of an oil and gas inspector.

3.6. Passing grade. -- The passing grade the Board requires for the examination is seventy percent (70%) .

3.7. Failure of examination. -- An applicant who fails the examination may be reexamined: Provided, That after three (3) failures the applicant has to wait two (2) full years before taking the examination again.

3.8. Within two (2) weeks after an examination each participant will be notified as to his or her score, by first class mail at the address on the application.

3.9. As soon as all tests are graded, the Board will certify to the Director and Commissioner a roster as provided for in

section three, article thirteen, chapter twenty-two of the We .t Virginia Code.

W. Va. Code R. § 40-1-4 Compensation for inspectors and supervising insi : stors

4.1. The Director shall review each inspector's performance annually and forward to the Board his evaluation and- proposed merit-raises.

4.2. The Board, at its next regularly scheduled ( nonexamination) meeting will review the Director's evaluations and merit-raise-recommendations.

4.3. The Board will submit its recommendations to the Commissioner so as to effectively reward those inspectors who have shown meritorious service.

4.4. Any inspector is entitled to be present at the review of the Director's recommendations.

W. Va. Code R. § 40-1-5 Hearings before the board. 5.1: Hearings on the following are subject to this section:

Petitions brought by the Commissioner or the Director for the removal of an inspector under section two, article thirteen,

chapter twenty-two of the West Virginia Code;

Appeals by inspectors of suspension orders made by the Director under section two, article one, chapter twenty-two-b of the West Virginia Code; and Appeals of the striking of any candidate's name from the register by the Commissioner or the Director under section one,

article thirteen, chapter twenty-two of the West Virginia Code.

5.2. All hearings under this section will be initiated by petition and the petitioner will state his or her allegation that if proved to be true and correct will warrant the removal under

section two, article thirteen, chapter twenty-two of the West Virginia Code or revocation of the actions taken by the Director or Commissioner.

5.3. Summary disposition. -- At the time of filing, the Board may summarily dispose of the petition on any of the following grounds:

(a) The petitioner, inspector, Director or Commissioner, has no right for review;

(b) The Board lacks jurisdiction over the petition so filed;

(c) The petitioner has failed to appear at the time and place for the hearing;

(d) The petitioner has withdrawn or abandoned the request for a hearing; and (e) The petition, if all the alleged facts were true, would not warrant removal under section two, article thirteen,

chapter twenty-two of the West Virginia Code or revocation of the actions taken by the Director or Commissioner. When the Board summarily disposes of a petition it shall notify all interested parties in writing.

5.4. Notice to interested parties. -- Notice will be sent to all Board members, petitioners and persons named in the petition by registered mail. Such notice shall contain a copy of the petition, and the time, date and place of the hearing, which date shall not be less than fifteen (15) days and not more than thirty (30) days after receipt of the petition by the Director.

5.5. Filing.

(a) Where to file - Any petitions filed will be filed with the Director at 322-70th-Street 1615 Washington Street East, Charleston, WV 25304 25311.

(b) How to file - All filing may be accomplished by personal delivery or first class mail.

(c) When filing is effective - Filing is effective upon delivery.

5.6. Presiding officer. -- The Chairman or any other member in the Chairman's absence shall preside over every hearing conducted pursuant to this section.

5.7. Powers of the presiding officer. -- The officer presiding over every hearing subject to the rules of this

section, may:

(a) Administer oaths and affirmations;

(b) Issue subpoenas in accordance with the provision of

section one, article five, chapter twenty-nine-a of the West Virginia Code;

(c) Rule upon offers of proof and receive relevant evidence;

(d) Permit evidentiary depositions to be taken and read as in civil actions in the circuit courts of this state;

(e) Permit discovery depositions;

(f) Regulate the course of a hearing;

(g) Dispose of procedural requests or similar matters;

(h) Hold conferences for the settlement or simplification of the issues with the consent of the parties; and (i) Take any other action in connection with such hearing authorized by law.

5.8. Representation at hearings. -- At hearings held pursuant to this section, any party may represent himself or be represented by an individual of his choice. In addition, any party has the right to be represented.

5.9. Conduct of hearing (a) Conduct of attorneys and individuals before the Board shall be the same as required of attorneys before the Circuit Courts of the State of West Virginia. Any person testifying in response to a subpoena or subpoena duces tecum issued by a Presiding Officer and any person testifying in support of a petition or in opposition thereto shall be required to do so under oath or affirmation administered by the Presiding Officer. Witnesses shall be examined with courtesy and respect, and their good faith shall be presumed.

(b) Smoking shall not be permitted in the hearing room during session or during recess.

(c) Electronic recording of any hearing is prohibited except as may be required by the Board for preserving a record thereof for the use of the Board in connection with the matter being heard. The taking of photographs in or broadcasting of proceedings from any hearing room is prohibited.

(d) At the presiding officer's discretion, or on motion of any party, a transcript of testimony shall be taken and preserved as part of the permanent record. Parties may examine the official transcript.

5.10.

Hearings held confidential. -- Hearings under this procedure will be held confidential unless so released by the person named in the petition or requested by a court order.

5.11. Written orders.

(a) Within thirty (30) days after the conclusion of a hearing the Presiding Officer shall consider the evidence and any proposals and issue a written order which should include:

(1) A copy of the petition;

(2) A statement of whether the petition is found to be true or false; and (3) A statement of appropriate action that should be taken upon said petition.

(b) A copy of said order shall be served on all interested parties.

ITATE SITTER VIRGINIA

DEPARTMENT OF ENERGY

1615 WASHINGTON STREET. EAST

CHARLESTON, WEST VIRGINIA 25311

TELEPHONE: 348-3500

GASTON CAPERTON

GOVERNOR

Larry W. George Commissioner MEMORANDUM RECEIVED SEPT 2 6 90 TO:

John M. Ranson, Secretary COMMISSIONER'S OFFICE DEPARTMENT OF ENERGY YWy CHARLESTON, WV 25311 FROM :

Larry W. George, Commissioner DATE :

September 21, 1990 I concur with Ted Streit's request to amend the Oil and Gas Inspectors' Examining Board procedures/regulations on the number of yearly examinations from two to one; also, to amend regulations to read Division of Energy rather than Department.

I recommend your approval to amend the regulations as stated.

LWG: jrb Attachment Lavy, segued on page 2 and then realized I probably shouldn't have . In any event I approve the action of amouding the regulations as stated. 9/26/90 John M. Rosen LATUALELLI VLAVINIA DEPARTMENT OF ENERGY 1615 WASHINGTON STREET. EAST CHARLESTON, WEST VIRGINIA 2531 :

TELEPHONE 348-3500

GASTON CAPERTON

GOVERNOR

Larry W. George Commissioner DOE/SO&G-0885 September 6, 1990 Mr. John Ranson Secretary Department of Commerce, Labor and Environmental Resources Building #1, Room-151 Charleston, West Virginia 25301 Dear Mr. Ranson:

Due to the rarity of vacancies for the position of oil and gas inspector, the Oil and Gas Inspectors' Examining Board feels it is not necessary to continue to have two (2) examinations per year for oil and gas inspector.

The Board therefore wishes to amend the existing procedure/regulations to provide for one examination per year in a manner indicated in the attached proposal. The Board is also taking this opportunity to amend the references in the regulations from Department of Energy to Division of Energy.

Your approval of this action is respectfully requested pursuant to Chapter 5F of the Code of West Virginia.

Sincerely, ged M. Street / las Ted M. Streit Secretary Oil & Gas Inspectors' Examining Board TMS : las KEN HECHLER Secretary of State MARY P. RATLIFF Deputy Secretary of State ROBERT E. WILKINSON Deputy Secretary of State CATHERINE FREROTTE Executive Assistant Telephone: (304) 345-4000 Corporations: 342-8000 SECRETARY OF STATE Charleston 25305 WILLIAM H. HARRINGTON Chief of Staff JUDY COOPER Director, Administrative Law DONALD R. WILKES Director, Corporations SHEREE COHEN Special Assistant Plus all the volunteer help we can get)

FILED

OFFICE OF WEST VIRGINIA

SECRETARY OF STATE

1992 APR ~3 AM 9: 10

TO: Dana Martin AGENCY :

Environmental Protection Agency FROM: JUDY COOPER, DIRECTOR, ADMINISTRATIVE LAW DIVISION DATE: March 19, 1992 THE ATTACHED RULE RECENTLY FILED BY YOUR AGENCY HAS BEEN ENTERED INTO OUR COMPUTER SYSTEM. PLEASE REVIEW, PROOF AND RETURN IT WITH ANY CORRECTIONS. IF THERE ARE NO CORRECTIONS, PLEASE SIGN THIS MEMO AND RETURN IT TO THIS OFFICE. YOU WILL BE SENT A FINAL VERSION OF THE RULE FOR YOUR RECORDS.

PLEASE RETURN EITHER THE CORRECTED RULE OR THIS FORM WITHIN TEN

(10) WORKING DAYS OF THE DATE YOU RECEIVED THIS REQUEST. CALL IF

YOU HAVE ANY QUESTIONS. ☒

SERIES :

TITLE :

Matters Pertaining to the Rules and Regulations Dealing with Oil and Gas Inspectors' Examining Board THE ATTACHED RULE HAS BEEN REVIEWED AND IS CORRECT.

SIGNED :

( THEOVERE In STREET TITLE OF PERSON SIGNING:

Shif Secretary Examing Board DATE:

April 1, 1992 THE ATTACHED RULE HAS BEEN REVIEWED AND NEEDS CORRECTING.

CORRECTIONS HAVE BEEN MARKED.

THE SIGNED :

TITLE OF PERSON SIGNING:

DATE :

W. Va. Code R. § 40-01 Matter pertaining To The rules And regulations dealing with oil And gas inspector's examining board

Title 40 Procedura/ aula FILED mu 1984 OCT -5 PM 3: 03 WEST VIRGINIA ADMINISTRATIVE REGULATIONS OFFICE OF WEST VIRGINIA OIL AND GAS INSPECTORS' EXAMININGSEBOARD OF STATE

CHAPTER 22-4 e SERIES 18%. 1984 € SUBJECT: Matters pertaining to the Rules and Regulations dealing with Oil&Gas Inspector's Examining Board

SECTION 1.00 - GENERAL INFORMATION

1.01 - Scope - These regulations set forth herein shall govern and apply to proceedings under Section 1 (a) (4) , 1c, ld, of Article 4, Chapter 22, of the Code concerning Oil & Gas Inspectors, their testing and appointment, salary and compensation, and their removal. They are not applicable for any other state employees in or out of the Department of Mines.

1.02 - Authority - These regulations are promulgated pursuant to the

authority of Code 22-4-le and Article 3, Chapter 29A of the Code.

1.03 - Effective Date - These regulations were promulgated on the 4th of October, 1984, and became effective on the 5th of November, 1984.

1.04 - Filing Date - These regulations were filed in the Office of the Secretary of State on the 5th day of October, 1984, and became effective on the 5th day of November, 1984.

1.05 - Forms - A copy of any forms currently used under or required by these regulations may be obtained from the Administrator of the Office ofe.

Oil and Gas of the Department of Mines. e Department of Energy +

SECTION 2.00 - DEFINITIONS

2.01 - STATUTORY DEFINITIONS - As Used in these regulations, the terms "Administrator", "Department" or "Department of Mines", "Office of Oil and Gas" or "Office" shall have the meanings as set forth in Code

22-4-1.

2.2 "Director" means the Director of the Department of Mines as defined in Code 22-1-1 (b) (3) .

2.02 DEFINITION ADOPTED BY REGULATION e a&2.3 "Board" means Oil and Gas Inspectors' Examining Board created in Code 22-4-le. b& 2.4 "Code" means the West Virginia Code of 1931, as amended. of 2.5 "Chairman" means the Chairman of the Oil and Gas Inspectors' Examining Board as set out in 22-4-le.

SECTION 3.00 - APPLICATION

3.01 - Applicants for examination must complete an application form, and such form shall be in the Administrator's office six (6) weeks prior to the examination date.

3.02 - Upon receipt of all applications the board will contact each applicant by first class mail at the address on the application form at least two (2) weeks prior to the examination as to whether the applicant is eligible to take the examination. (See 22-4-1d)

3.03 - Examinations will be given on the first Thursday in May and the first Thursday in October unless the number of applicants warrants another examination or unless there is a need to qualify additional candidates for a depleted register.

3.04 - Applicants who fail to appear at their scheduled examination may appear at the next succeeding examination only, and upon missing two (2) consecutive examinations must reapply.

3.05 - Examination Content - The examination will consist of two parts The first part is a two hour written examination covering the principles and practice of oil and gas operations in West Virginia, not limited to, but including Article 4, Chapter 22 of the Code and regulations promulgated thereunder; and the second part is an oral test where members of the Board will interview the candidates to determine the candidates ability to carry out the functions of an oil and gas inspector.

3.06 - Passing Grade - The passing grade the board requires for the examination is 70%.

3.07 - Failure of Examination - An applicant who fails the esamination may be re-examined, provided that, after three failures the applicant has to wait two (2) full years before taking the examination again.

3.08 - Within two (2) weeks after an examination each participant will be notified as to his or her score, by first class mail at the address on the application.

3.09 - As soon as all tests are graded, the board will certify to the Administrator and Director a roster as provided for in Code 22-4-le.

4.01 - The Administrator shall review each inspector's performance annually and forward to the Board his evaluation and proposed merit raises.

4.02 - The Board, at its next regularly scheduled (non-examination) meeting will review the Administrator's evaluations and merit raise recommendations.

4.03 - The Board will submit its recommendations to the Director so as to effectively reward those inspectors who have Shown meritorious service.

4.04 - Any inspector is entitled to be present at the Review of the Administrator's recommendations.

SECTION 5.00 - HEARINGS BEFORE THE BOARD

5.01 - Hearings on the following are subject to this section: -- petitions brought by the Director or the Administrator for the removal of an inspector under Code 22-4-1d; -- appeals by inspectors of suspension orders made by the Administrator under Code 22-4-la; and -- appeals of the striking of any candidate's name from the register by the Director or the Administrator under Code 22-4-1c.

5.02 - All hearings under this section will be initiated by petition and the petitioner will state his or her allegation that if proved to be true and correct will warrant the removal under Code 22-4-1d or revocation of the actions taken by the Administrator or Director.

5.03 - Summary Disposition - At the time of filing the Board max summarily dispose of the petition on any of the following grounds:

a) The petitioner, inspector, Administrator, or Director, has no right for review.

b) The Board lacks jurisdiction over the petition so filed. c)

The petitioner has failed to appear at the time and place for the hearing.

d) The petitioner has withdrawn or abandoned the request for a hearing.

e) The petition, if all the alleged facts were true, would not warrant removal under 22-4-1d or revocation of the actions taken by the Administrator or Director. When the Board summarily disposes of a petition it shall notify all interested parties in writing.

5.04 - Notice to Interested Parties - Notice will be sent to all Board members, petitioners and persons named in the petition by registered mail.

Such notice shall contain a copy of the petition, and the time, date, and place of the hearing, which date shall not be less than 15 days and not more than 30 days after receipt of the petition by the Administrator.

5.05 - Filing a) Where to File - Any petitions filed will be filed with the Administrator at Building #1, EW-153, Charleston, WV 25305.

b) How to File - All filing may be accomplished by personal delivery or first class mail.

c) When Filing is Effective - Filing is effective upon delivery.

5.06 - Presiding Officer - The Chairman or any other member in the Chairman's absence shall preside over every hearing conducted pursuant to ¿this Section.

5.07 - Powers of the Presiding Officer - The officer presiding over every hearing subject to the rules of this section, may;

(1)

Administer oaths and affirmations;

(2)

Issue subpoenas in accordance with the provision of Code 29A-5-1;

(3)

Rule upon offers of proof and receive relevant evidence;

(4)

Permit evidentiary depositions to be taken and read as in civil actions in the circuit courts of this state;

(5)

Permit discovery depositions;

(6)

Regulate the course of a hearing;

(7)

Dispose of procedural requests or similar matters;

(8)

Hold conferences for the settlement or simplification of the issues with the consent of the parties; and (9) Take any other action in connection with such hearing authorized by law.

5.08 - Representation at Hearings - At hearings held pursuant to this

Section, any party may represent himself or be represented by an individual of his choice. In addition, any party has the right to be represented.

5.09 - Conduct of Hearing (a) Conduct of attorneys and individuals before the Board shall be the same as required of attorneys before the Circuit Courts of the State of West Virginia. Any person testifying in response to a subpoena or subpoena duces tecum issued by a Presiding Officer and any person testifying in support of a petition or in opposition thereto shall be required to do so under oath or affirmation administered by the Presiding Officer. Witnesses shall be examined with courtesy and respect, and their good faith shall be presumed.

(b)

Smoking shall not be permitted in the hearing room during session or during recess.

(c)

Electronic recording of any hearing is prohibited except as may be required by the Board for preserving a record thereof for the use of the Board in connection with the matter being heard. The taking of photographs in or broadcasting of proceedings from any hearing room is prohibited.

(0)

At the presiding officer's discretion, or on motion of any party, a transcript of testimony shall be taken and preserved as patt of the permanent record. Parties may examine the official transcript.

5. 10 - Hearings Held Confidential - Hearings under this procedure will be held confidential unless so released by the person named in the petition or requested by a court order.

6. 11 - Written Orders a)

Within 30 days after the conclusion of a hearing the Presiding Officer shall consider the evidence and any proposals and issue a written order which should include: 1)

A copy of the petition 2) A statement of whether the petition is found to be true or false. 3 )

A statement of appropriate action that should be taken upon said petition.

A copy of said Order shall be served on all interested parties.

STATE OF WEST VIRGINIA

State of Went Birginia Department of Mines Oil and Gas Division Charleston 25305 WALTER N. MILLER DIRECTOR THEODORE M. STREIT ADMINISTRATOR October.5, 1984 The Honorable A. James Manchin Secretary of State State Capitol Suite 157-K.

Charleston, WV 25305 Dear Mr. Manchin:

Please find enclosed three (3) copies of procedural regulations of the Oil .. and Gas. Examining Board.

These regulations were first proposed on July 30, 1984 and a public hearing was held on September 14, 1984. On October 4, 1984, the board approved these regulations as amended.

Sincerely, Tilntb Theodore. M. Streit, Executive Secretary Oil and Gas Examining Board TMS / mmy Enclosures as stated 1984 OFFICE OCT -5 PM 3: 03 OF WEST VIRGINIA SECRETARY OF STATE FILED