Appeal Process 2

FILING AND SERVICE OF DOCUMENTS


Where to File - All pleadings or documents are required to be filed with the board shall be filed with the Board’s clerk, 601 - 57th Street, Charleston, WV 25304.

Method of Filing - Filing may be accomplished by filing the original and seven (7) copies of any pleading or document by personal delivery, express mail or by first class United States mail, postage prepaid.

When Filing Effective - Filing is effective upon personal delivery, upon delivery of express mail, or upon deposit in the United States mail as ascertained by postmark.

When Receipt Effective - For the purpose of calculation of time to respond, receipt is effective upon personal delivery, upon delivery by express mail, and will be deemed to be effective three days from the date of the postmark if received by first class United States mail, postage prepaid.

Service upon Other Parties - Copies of all documents filed with the board under these rules shall be served contemporaneously upon all other parties to the appeal. Whenever a party is represented by an attorney who has signed any document filed on behalf of the party or otherwise entered an appearance on behalf of the party, service thereafter shall be made upon the attorney.

Proof of Service - Unless otherwise provided for by these rules, all documents required to be served shall be accompanied by proof of service in the form of a certificate of service, which shall include a statement of how service was accomplished. 

NOTICE TO UNREPRESENTED PARTIES

Any natural person who is an appellant or intervenor may represent themselves or be represented by an attorney duly licensed or authorized to practice law in the State of West Virginia. Any corporation which is an appellant or intervenor must be represented by an attorney duly licensed or authorized to practice law in the State of West Virginia. Any person representing another party before the Board must be an attorney duly licensed or authorized to practice law in the State of West Virginia. West Virginia Code §22B-1-7(f).

A party who chooses to appear before the Surface Mine Board without an attorney should be aware of the Procedural Rules of the Board. These Rules are published in Title 49, Series 1 of the Code of State Regulations. Copies are available from the Board’s Secretary, Fran Ryan (304/926-0445.

Unrepresented parties are requested to pay particular attention to Sections 9.8 and 9.9 of the Board’s Procedural Rules. Please be prepared to present your testimony and exhibits at the scheduled hearing. If you have any questions about the hearing procedures, please contact the Board’s Secretary.

In cases where there are several unrepresented parties on the same side, the Board requests that one of the parties be selected as a spokesperson. The use of a spokesperson makes it easier for the Board to conduct the hearing. However, all the parties retain the right to speak and participate fully in the hearing.

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