W. Va. Code R. § 146-2-5

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 146-2-5 - Complaint and Hearing Procedures

The complaint will be in writing on the forms prescribed by the commission. The form will include, at least, the following sworn and notarized information:

5.1.1. The name, address and telephone number of the complainant; and

5.1.2. The name, address and telephone number of the subscribing candidate; and

5.1.3. A narrative section, which will include the complainant's allegations of violation(s) by the subscribing candidate, with as much particularly as possible requested on the face of the form; and,

5.1.4. The signature of the complainant, with a proper verification as is used in other civil cases, wherein the complainant affirms that he or she believes the allegations complained of are true and correct; and

5.1.5. Within five (5) days of receiving the written complaint, the commission will forward a copy of the complaint to the subscribing candidate, requesting a written answer to the alleged violations of the code; and,

5.1.6. Within ten (10) days of his or her receipt of the complaint, the subscribing candidate will file his or her answer; and

5.1.7. The answer of the subscribing candidate:

(a) will be made in writing, with the proper complaint number on the face of the answer; and

(b) should address each allegation made by the complainant; and

(c) will have the signature of the subscribing candidate, along with a statement swearing or affirming that the information contained in the answer is true and correct to the best of the candidate's knowledge.

5.1.8. Within ten (10) days of its receipt of the answer the commission will determine by a majority vote whether or not there is a reasonable likelihood that the candidate has violated the code.

5.1.9. If the subscribing candidate is determined not to have a reasonable likelihood of having violated the code, the candidate will be so advised in writing.

5.1.10. If the subscribing candidate is determined to have a reasonable likelihood of having violated the code, the candidate will be so informed in writing, together with a proper notice of his or her right to request a hearing before the commission within ten (10) days of the receipt of the determination and notice.

5.1.11. Should the subscribing candidate request a hearing before the commission, it will:

(a) be scheduled within ten (10) days after such request with written notice of such served upon both the complainant and the candidate; and

(b) be continued only for good cause shown.

5.1.12. At and during the hearing on the merits of the complaint, the commission:

(a) will conduct a hearing in a fair and impartial manner to both the complainant, and his or her witnesses, and the subscribing candidate, and his or her witnesses; and,

(b) need not strictly apply the Rules of Evidence, however, the evidence must be reasonably related to the issues in the complaint

(c) will in it's discretion admit credible hearsay evidence; and

(d) will make it's decision based on the greater weight of evidence presented at the hearing;

(e) will have a quorum present at the hearing and the decision must be agreed upon by a majority of those present.

5.1.13. Following the commission's review and deliberations over all of the evidence introduced and the entire record before it, the commission:

(a) may issue a public opinion stating that the subscribing candidate has committed a violation of the code, should the commission determine by majority vote that there was clear and convincing evidence supporting the alleged violation(s), or should the subscribing candidate decline to request such a hearing; or

(b) will issue a public statement that the subscribing candidate has not violated the code, should the commission determine by a majority vote that there was not clear and convincing evidence supporting the alleged violation(s). This public statement will be issued on the same day on which the hearing takes place, as required by W. Va. Code '3-1B-4.

W. Va. Code R. § 146-2-5