W. Va. Code R. § 150-40-3

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-40-3 - Answer

3.1. Answer to Formal Complaint. -- Within five (5) days from the date of service of the complaint each defendant named in the complaint shall file an answer, duly verified, and substantially in the form of Form No. 2 of the Rules of Practice and Procedure. The Commission may shorten or extend the five (5) day period when it deems advisable.

3.2. Content. -- The answer shall fully and completely advise the parties and the Commission of the nature of the defense, and shall admit or deny specifically and in detail each material allegation of the pleading answered. The answer shall attach any relevant written documents omitted from the complaint. If the relief sought includes a determination of an allocation of trench sharing expense, the defendant must present in full the basis for the defendant's proposed cost allocation. If the defendant wishes to undertake any discovery in the case, the defendant must include a discovery request with the answer.

3.3. Satisfaction. -- If a defendant satisfies a formal complaint, it shall file a verified statement to that effect. The complainant shall have five (5) days to file a response if the complainant disputes that the complaint has been satisfied. If the complainant does not file such a response, the Commission will then consider whether the proceeding should be dismissed.

3.4. Computation of Time. -- In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the computed period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday or a legal holiday. When calculating a period of time from the date of service of a notice or other paper, the date of service shall be the date the sender certifies in writing that he or she emailed or mailed an item by first class mail, or the date of personal service.

W. Va. Code R. § 150-40-3