Current through Register Vol. XLI, No. 25, June 21, 2024
Section 15-9-3 - Proceedings for Disciplinary Action3.1. Contested case hearings shall be held as provided in W. Va. Code §§ 29A-5-1. et. seq., and 30-1-1. et. seq.3.2. The board may amend the charges set forth in a statement of charges as it considers proper.3.3. Motions for a continuance of a hearing may be granted upon a showing of good cause. Motions for continuance shall be in writing and received in the office of the board or with the delegated hearing examiner no later than seven (7) days prior to the hearing date. In determining whether good cause exists, the board or delegated hearing examiner shall give consideration to the ability of the party requesting the continuance to proceed effectively without a continuance. The board or designated hearing examiner shall deny a motion for continuance filed less than seven (7) days from the date of the hearing unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of the hearing may be ruled on by the officer of the board to preside or the designated hearing examiner. The board member or the hearing examiner presiding over the hearing shall rule on all other motions for continuance.3.4. All motions related to a case set for hearing before the board, except motions for continuance shall be received in the office of the board or with the designated hearing examiner at least ten (10) days before the hearing. Prehearing motions shall be heard at the prehearing conference or at the hearing prior to the commencement of testimony. The board member or the hearing examiner presiding at the hearing shall hear the motions and the response from the non-moving party and shall rule on the motions accordingly.3.5. Any party may submit proposed findings of fact and conclusions of law at the time and manner designated by the board or its duly appointed hearing examiner.