W. Va. Code R. § 171-2-17 - Further Hearing, Reopening, Or Rehearing

Current through Register Vol. XXXIX, No. 11, March 18, 2022

17.1. Applications for (1) further hearing in a proceeding after the close of testimony and before final submission of oral argument or brief, for (2) reopening a proceeding after final submission and before decision, or for (3) rehearing or reargument after decision, must be made by petition, within ten (10) days after the date of such closing of testimony, final submission or decision, as the case may be. Such petition shall state specifically the grounds relied upon and shall be filed with the Commission and a copy served by the petitioner upon each adverse party, or his attorney; who appeared at the hearing, or oral argument, if any, or on brief.
17.2. If the application be for further hearing before final submission, or for reopening the proceeding to take further evidence after submission and before decision, the nature and purpose of the evidence to be adduced must be briefly stated and it must appear to be not merely cumulative.
17.3. If the application be for rehearing or reargument after decision, the matters claimed to have been erroneously decided must be specified and the alleged errors stated. If thereby any order of the Commission is sought to be vacated, reversed, or modified, by reason of matters which have arisen since the hearing, or by reason of matters which have arisen since the hearing, or by reason of consequence which would result from compliance therewith, or by reason of facts not in possession of the petitioner at the time of the hearing, the matter so relied upon by the petitioner must be fully set forth in the petition.
17.4. Application for modification of orders which seek only change in the date when they shall take effect, or in the period of notice thereby prescribed, must be made by petition seasonably filed and served in like manner as other applications under this rule, except that, in case of unforeseen emergency satisfactorily shown by the applicant, such relief may be sought informally, by telegram or otherwise, upon notice thereof to all parties or attorneys who appeared as aforesaid.
17.5. Each petition filed under this rule shall be accompanied by six (6) additional copies thereof for the use of the Commission, and by certificate showing service upon the parties or their attorneys who appeared as aforesaid. Within five (5) days after such service, any adverse party may file and serve in like manner a reply to the petition, and the reply so filed to be accompanied by a like manner of copies for the use of the Commission.
17.6. Upon the filing of said reply or upon default thereof within the said period, the Commission will make such order with respect to the hearing of said petition, or the granting of the prayer thereof, as it shall deem just and right.
17.7. Upon the filing of any application, petition or motion under this rule, the Commission may stay any pending proceeding or order or permit the same to continue in effect or to become effective.

Notes

W. Va. Code R. § 171-2-17

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