W. Va. Code R. § 121-1-34

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 121-1-34 - Proceedings conducted by videoconferencing

34.1. General. -- At the discretion of the chief administrative law judge, the office of tax appeals may utilize videoconferencing to conduct any evidentiary or non-evidentiary hearing, prehearing conference or other proceeding before the office of tax appeals, and may permit any witness to testify or be deposed by videoconferencing.

34.2. Documents. -- All documents which the parties intend on introducing during a hearing conducted via videoconferencing shall be provided to the presiding administrative law judge and to all parties prior to the hearing. Any document filed in a proceeding conducted by videoconferencing may be transmitted by electronic facsimile; signatures on a document transmitted by electronic facsimile shall have the same force and effect as original signatures.

34.3. Conduct of proceeding. -- Proceedings conducted by videoconferencing shall be conducted in the same manner as if the parties had appeared in person, and the presiding administrative law judge may exercise all powers consistent with the proceeding. The presiding administrative law judge shall begin all proceedings conducted by videoconferencing by stating on the record identities of all counsel, parties, and witnesses present in the hearing room and at the remote site.

34.4. Videoconferencing system requirements. -- Any system used for conducting proceedings by videoconferencing shall meet the following standards:

34.4.1. The person(s) communicating must be able to simultaneously see and speak to one another;

34.4.2. The signal transmission must be live;

34.4.3. The signal transmission must be secure from unauthorized acquisition;

34.4.4. Any other standards established by the West Virginia Supreme Court of Appeals for videoconferencing systems used in judicial proceedings in this state.

W. Va. Code R. § 121-1-34