(a) The Office of Administrative Hearings is created as a separate operating agency within the department.
(b) The secretary shall appoint a director of the office who serves as the administrative head of the office and as Chief Hearing Examiner.
(c) The Chief Hearing Examiner shall be a citizen of the United States and a resident of this state who is admitted to the practice of law in this state.
(d) The salary of the Chief Hearing Examiner shall be set by the secretary of the department.
(e) In addition to adherence to the code of conduct set forth in 6B-2-5a of this code, the Chief Hearing Examiner during his or her term shall:
(1) Not engage directly or indirectly in any activity, occupation, or business interfering or inconsistent with his or her duties as Chief Hearing Examiner;
(2) Not hold any other appointed public office or any elected public office or any other position of public trust; and
(3) Not be a candidate for any elected public office, or serve on or under any committee of, any political party.
(f) The Chief Hearing Examiner serves at the will and pleasure of the secretary.
Structure West Virginia Code
Chapter 15A. Department of Homeland Security
Article 9. Office of Administrative Hearings
§15A-9-1. Office Created; Appointment of Chief Hearing Examiner
§15A-9-2. Organization of Office
§15A-9-3. Jurisdiction of Office of Administrative Hearings
§15A-9-5. Rule-Making Authority
§15A-9-6. Duty to Provide Notice of Change of Address
§15A-9-7. Transition From Divisions of the Department to the Office of Administrative Hearings