W. Va. Code R. § 114-13-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 114-13-5 - Notice of Hearing and Complaints

5.1. All Category (A) hearings conducted under these rules shall be initiated by the issuance of a formal written complaint containing a short and plain statement of the matters asserted. If the commissioner is unable to state the matters in detail at the time the complaint is served, the initial complaint may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished. The formal written complaint shall be given at least fifteen (15) days in advance of the date of the hearing.

5.2. Service of the complaint in connection with Category (A) hearings shall be given either by personal delivery thereof to the agency or person to be so notified, or by depositing the complaint in the United States Mail, postage prepaid, in an envelope addressed to the agency or person at the last known address of the agency or person or by any other manner permitted by law. With respect to complaints issued in connection with Category (A) Hearings, wherein the party respondent is a licensee of the commissioner, the complaint, if mailed, shall be addressed to the principal place of business or residence of the licensee as last of record in the commissioner's office.

5.3. All Category (B) hearings conducted under these rules shall be initiated by the issuance of a formal written notice of hearing containing a short and plain statement of the matters asserted. If the commissioner is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

5.4. Notice of Category (A) and Category (B) hearings shall be given at least fifteen (15) days in advance of the hearing, by personal delivery thereof to the agency or person to be so notified, or by depositing the notice in the United States Mail, postage prepaid, in an envelope addressed to the agency or person at the last known address of the agency or person or by any other manner permitted by law. A notice of Category (A) or Category (B) hearing shall contain the date, time and place of the hearing. With respect to notices issued in connection with Category (A) Hearings, wherein the party respondent is a licensee of the Commissioner, the notice, if mailed, shall be addressed to the principal place of business or residence of such licensee as last of record in the Commissioner's office.

5.5. A complaint issued in connection with a Category (A) Hearing may be in the form of a notice to show cause stating that a proposed action may be taken unless the respondent shows cause, at a hearing to be held as specified in the notice, why the proposed action should not be taken. In addition to the requirements detailed in subsections 5.1 and 5.2 of this section, Category (A) Complaints shall include:

a. A statement of the purpose of the hearing and, where possible, a statement of charges, including the individual facts or conduct alleged which warrants the actions;

b. A statement of the legal authority and jurisdiction under which the hearing is to be held;

c. A reference to the particular section of the statute or rule involved; and

d. A statement that the party or parties respondent may file a written verified answer in person or through counsel within ten (10) days from the service of the complaint or notice.

5.6. Answers, where filed, may be filed by personal delivery to the commissioner or by certified mail, return receipt requested.

Answers shall contain a general or specific affirmation or denial of each charge, allegation or matter asserted in the complaint or notice; or a denial of any knowledge or information thereof sufficient to form a belief. An answer may also contain a statement of any matter believed to constitute a defense.

Any charge, allegation or matter asserted in the complaint or notice which is not denied or admitted in the answer, unless the respondent states in the answer that he is without knowledge or information, shall be deemed admitted.

W. Va. Code R. § 114-13-5