W. Va. Code R. § 114-76-7

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 114-76-7 - Hearings

7.1. Scheduling of hearing. -- A hearing on a complaint shall be scheduled to be held within ninety (90) days from the date of filing the complaint, unless continued by agreement of all parties or by the commissioner for good cause. Good cause includes but is not limited to a determination by the commissioner that additional investigation is necessary.

7.2. Notice of hearing. -- The commissioner shall assign a time and place for a hearing and shall mail written notice of the hearing to the parties at least ten (10) days in advance thereof.

7.3. Pre-hearing matters. -- The provisions of WV 114 CSR 13.4 are specifically made applicable to proceedings under this rule.

7.4. Location of hearing. -- Hearings are to be conducted in the geographical region of the state where the complainant resides, as determined by the commissioner. Upon concurrence of all parties, the commissioner may conduct the hearing by telephone conference call.

7.5. Conduct of hearings.

a. To the extent such provisions are not in conflict with this rule, hearings shall be conducted in accordance with the procedures set forth in WV 114 CSR 13.

b. All testimony and evidence at any such hearing shall be reported by stenographic notes and characters or by mechanical means.

7.6. Required findings. -- The commissioner shall determine whether or not the respondent committed an unfair claims settlement practice.

7.7. Required determinations. -- If an unfair claims settlement practice is found, the commissioner shall determine:

a. Whether the violation was intentional;

b. Whether the violation was a result of an egregious act; and

c. Whether the violation was committed with such frequency as to constitute a general business practice upon further investigation and, if necessary, a hearing brought pursuant to an administrative proceeding initiated by the commissioner.

7.8. Continuation and adjournment. -- The commissioner may continue a hearing from one day to another or adjourn it to a later date to hear evidence that may relate to the determinations required by subsection 7.7 of this section.

W. Va. Code R. § 114-76-7