W. Va. Code R. § 171-2-8 - Hearings

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

When the Commission deems a hearing necessary, or any party in interest requests a hearing on any application, complaint or petition, or other proceeding, the Commission will set a time and place for a hearing, which will be at its offices in the City of Charleston or elsewhere in the state, at the discretion of the Commission, and such hearing will be held by one (1) or more members of the Commission or by the Director. The applicant, complainant or petitioner shall first introduce evidence to establish the facts alleged to obtain the relief or authority sought. Other parties to the proceeding may then offer testimony in their behalf, unless for good cause shown, a delay or continuance for the presentation of such evidence is found to be necessary. Oral argument and briefs may be permitted in the discretion of the Commission. In case of the failure of any person to appear at the hearing, the Commission will hear such proof of facts as it may deem proper and reasonable and make such investigation, and enter such order as the facts justify and the circumstances may require.

In all cases where notice and opportunity for a hearing are required by the provisions of the statutes, the procedure shall conform to the provisions of W. Va. Code '29-2A-22, 1931.

All maps, prints, writings, statements, documents or exhibits filed with the Commission must be accompanied by a sufficient number of copies to provide a copy for each party to the proceeding, and six (6) copies for the use of the Commission.

The Director shall keep in his custody and be responsible for the original or one (1) counterpart of all maps, prints, writings, statements, documents or exhibits made a part of the record, as aforesaid.

Notes

W. Va. Code R. § 171-2-8

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