W. Va. Code R. § 179-2-6 - Appearance and Practice Before the Commission or Hearing Examiner

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

6.1. A quorum of the West Virginia Lottery Commission or a hearing examiner or lesser group of commission members designated by it may conduct any hearing.
6.2. The service of a petition for hearing upon the director does not operate to suspend the execution of any suspension or revocation of a lottery license or of a video lottery license or permit with respect to which a hearing is being demanded.
6.3. The commission, or the hearing examiner whom it appoints, shall set a date for any hearing demanded and will notify the person demanding a hearing not later than seven days before the hearing date of the date and time of the hearing.
6.4. The hearing will be held within thirty days after receipt of the petition.
6.5. Hearings may not be delayed by a motion for continuance made less that ten days before the date set for the hearing unless both parties agree to the continuance.
6.6. The petitioner may appear individually, or by legal counsel. If the petitioner is a corporation, partnership, limited partnership, limited liability company or other recognized form of doing business that is not a sole proprietorship, an officer of a corporation, a partner of a partnership or member of a limited liability company may represent the petitioner.
6.7. All persons appearing before the hearing examiner in the capacity of legal counsel are to conform to the standards of ethical conduct required of attorneys before the courts of the State of West Virginia. If any person does not conform to the standards, the hearing examiner may decline to permit the person to continue to appear in a representative capacity in the proceeding.
6.8. The hearing examiner may require the parties to file briefs and reply briefs, to present oral argument or both.
6.9. The commission encourages oral argument in lieu of the filing of briefs.
6.10. The time schedule for filing of briefs and reply briefs will be established by the commission or the hearing examiner prior to the conclusion of the hearing.

Notes

W. Va. Code R. § 179-2-6

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