W. Va. Code R. § 153-21-6

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-21-6 - Complaint Hearing Procedures

6.1. Except for those investigations contemplated by W. Va. Code §§ 3-8-8(e) and 3-1B-4, a complainant may request a hearing.

6.1.1. A request by the complainant for a hearing may be submitted with the complaint form filed with the Secretary.

6.1.2. A request for hearing by the complainant must be filed no later than ten (10) working days after the filing of the complaint.

6.2. If a hearing has been requested and is permitted by law, the Secretary may designate a hearing officer to conduct the hearing.

6.3. The hearing officer shall schedule the hearing at a date which shall reasonably permit the delivery to the Secretary a summary of the evidence presented, no later than the eightieth (80*) day after receipt of the complaint.

6.4. The complainant shall be given at least ten (10) days notice of the hearing date and time.

6.5. The hearing shall be conducted at the offices of the Secretary in Charleston.

6.6. At the discretion of the hearing officer, hearings may take place telephonically.

6.7. The hearing shall be closed to the public.

6.8. The hearing officer shall limit the scope of any evidence and testimony at the hearing to that which is relevant to the original complaint. A complainant may not raise new issues or complaints at the hearing.

6.9. Conduct of Hearing

6.9.1. The hearing shall be adjourned, or continued for good cause only, at the discretion of the hearing officer;

6.9.2. The hearing officer need not strictly apply the Rules of Evidence;

6.9.3. All witnesses shall be sworn;

6.9.4. Witnesses shall be sequestered;

6.9.5. The hearing officer may, in his or her discretion, admit credible hearsay evidence;

6.9.6. The Secretary of State, or his or her representative may question any witnesses;

6.9.7. If the hearing is on consolidated complaints, the complainants may be required to designate a single representative to give evidence for the consolidated class;

6.9.8. Within ten (10) days of the adjournment of the hearing, the hearing officer shall submit to the Secretary a summary of the evidence presented.

W. Va. Code R. § 153-21-6