Current through Register Vol. XLI, No. 40, October 4, 2024
Section 149-1-4 - Hearings4.1. Demand for hearing; form required. - Any party appealing a decision to the Agency or to the Director may demand a hearing to have determined any legal rights, duties, interests or privileges of specific parties. The party seeking a hearing shall specify in writing the grounds relied upon as a basis for the relief requested and must do so within fifteen (15) days from the date of action from which the party is appealing.4.2. Hearing on written demand. - When the Director is presented with a demand for a hearing as described in Subsection 4.1 of this section he shall conduct a hearing within forty-five (45) days of receipt by him of such written demand, unless postponed to a later date by mutual agreement. However, if the Director shall determine that the hearing demanded:(a) Would involve an exercise of authority in excess of that available to him under law, or(b) Would serve no useful purpose, he shall, within twenty (20) days of the receipt of such demand enter an order refusing to grant the hearing as requested, incorporating therein his reason for such refusal. Appeal may be taken from such order as provided in section four, article five, chapter twenty-nine-a of the West Virginia Code of 1931, as amended.4.3. Notice of hearing. - Upon the receipt of a demand for a hearing as described in Subsection 4.1 of this section, the Director shall, within twenty (20) days, provide the party making such demand with a notice of hearing providing the Director has not entered an order denying a hearing as provided in Subsection 4.2 of this section. Such notice shall contain: (a) The date, time and place of the hearing;(b) A short plain statement of the matters asserted; and(c) A statement of intention to appoint a hearing examiner, if one is to be appointed, pursuant to Section 8 herein; such notice shall be given at least ten (10) days in advance of the date of the hearing.4.4. How hearings conducted. - Hearings shall be conducted as follows: (a) Any party shall have the right to be represented by an attorney at law, duly qualified to practice in the State of West Virginia;(b) The agency may be represented by the Office of the Attorney General;(c) The rules of evidence as applied in civil cases in the circuit courts of this State shall be followed;(d) When necessary to ascertain facts not reasonably susceptible to proof under said rules of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs;(e) The agency shall be bound by the rules of privilege recognized by law;(f) Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference;(g) Initially the appellant shall be given the opportunity to present evidence including testimony, papers, records and documents in support of his position;(h) Every party shall have the right of cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence;(i) The agency shall have the right to cross-examine witnesses providing rebuttal testimony; and(j) Following the presentation of all the evidence, every party, including the agency, shall have the right to offer argument, not to exceed a reasonable time limit as determined by the Director or the hearing examiner.