3.3. In no case shall a protest be heard by said Board unless the principal bringing the charges notifies in writing the principal of the school being protested. A copy of such notification shall accompany the protest sent to the Executive Director. 3.4. The principal of a school against which charges have been preferred shall be permitted to appear before the Board of Directors. §127-6-4. Method of Protests - Executive Director. 4.1. If the Executive Director has reason to believe that any member of the WVSSAC has or is violating the rules of the Commission he shall make such investigation as he deems necessary to determine the innocence or guilt of the suspected member. 4.2. The Executive Director shall then report his findings to the principal of the offending school and set a time and place for a meeting with the principal of the school, at which meeting the principal shall be permitted to submit any pertinent evidence in defense of his school. 4.3. If the principal is not then satisfied with the decision of the Executive Director, a request may be made for a hearing before the Board of Directors at such time and place as is convenient for both the principal and the Board. 4.4. In no case shall the Board of Directors hear charges and render a decision unless the principal is given an opportunity to appear in defense of his school. After all evidence has been submitted, the Board of Directors shall render a decision which shall be final except as provided in §127-1-13.3 of the Constitution. §127-6-5. Method of Protests - Contested Cases. 5.1. Commencement of an appeal in a contested case by an aggrieved party, hereinafter named the petitioner, shall be instituted by the filing of a verified petition which shall contain: 5.1.1. The name and address of the petitioner. 5.1.2. The interest of the petitioner. 5.1.3. A statement of facts. 5.1.4. A statement of jurisdiction. 5.1.5. A designation of the applicable rule or rules involved. 5.1.6. An assignment of errors relied upon. 5.1.7. A statement of the relief requested. 5.2. Petitions for appeal shall be served upon the WVSSAC by registered or certified mail. 5.3. The Executive Director, or any other interested party, may file an answer, but failure to file an answer will be interpreted as a denial of the allegations contained in the petition. If they elect to file an answer, it shall contain the following: 5.3.1. Allegation of facts with denials, additional facts or other pertinent data. 5.3.2. A statement of other applicable rules and statutes. 5.3.3. A statement of objections, if any, to the parties or other portion of the petition. 5.3.4. Designation of other interested parties. 5.4. All answers shall be filed with the Board of Directors within five (5) days after receipt of the petition for appeal. 5.5. In the event that the parties are unable to dispose of the issues without a hearing or if the Board of Directors elects to proceed without a pre-hearing conference, the Executive Director shall notify all parties in writing of the date, time and place set for a hearing on the appeal. The notice shall be given at least seven (7) days in advance of the time set for the hearing and shall contain a short and plain statement of the issues involved. Said hearing shall be conducted in conjunction with a regularly scheduled meeting of the Board of Directors. In this event, costs for such a meeting shall not be taxed against the petitioner(s).
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