W. Va. Code R. § 179-2-8 - The Hearing

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

8.1. The petitioner will be given an opportunity for argument within the time limits fixed by the commission or the hearing examiner whom it appoints following submission of evidence. The commission or hearing examiner, upon request of the petitioner, will accept briefs in addition to or in lieu of argument. Briefs must be filed according to the schedule established by the commission or the hearing examiner prior to the conclusion of the hearing.
8.2. The commission or the hearing examiner may admit any relevant evidence, except that it will observe the rules of privilege recognized by law. A finding is to be supported by the kind of evidence commonly relied upon by reasonably prudent men in the conduct of their affairs, whether or not the evidence would be admissible before a jury. The commission or the hearing examiner may exclude any evidence which is irrelevant, unduly repetitious or lacking in substantial probative effect.
8.3. An audio recording will be made of all hearings held pursuant to this article. Any party may request a duplicate set of audio cassette tapes and must pay a per-tape cost for the tape(s). Any party may request that a typewritten transcript be made. Parties requesting and/or receiving typewritten transcripts will share the pro rata costs of preparing the transcript.
8.4. After the conclusion of the hearing and within ten days of receipt of the transcript (if one was prepared) and the due date(s) set for any briefs, the hearing examiner will prepare a recommended decision, supported by findings of fact and conclusions of law, affirming, modifying or vacating the earlier order of the commission or director.
8.5. The commission, within ten days of receipt of the recommended decision will, by a majority of those commissioners voting, either accept or reject the recommended decision.
8.6. If the commission accepts the recommended decision, it will order the director to sign and acknowledge the recommended decision as its own, after having reviewed the transcript and all attached exhibits.
8.7. If the commission rejects the recommended decision, it will within ten days or receipt of the recommended decision prepare a decision setting forth its own findings of fact and conclusions of law.
8.8. If the commission has not elected to appoint a hearing examiner, then after the conclusion of the hearing and within ten days of receipt of the transcript (if one was prepared) and receipt of any briefs, it will prepare a decision setting forth its own findings of fact and conclusions of law.
8.9. The decision of the commission is final unless vacated or modified upon judicial review.
8.10. A copy of the decision will be served upon each party to the hearing and each attorney of record, if any, in person or by registered or certified mail.

Notes

W. Va. Code R. § 179-2-8

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