W. Va. Code R. § 158-17-7

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 158-17-7 - Hearing Procedure

7.1. The West Virginia Rules of Evidence shall apply during the hearing.

7.2. The hearing proceedings shall be electronically recorded. The Commission may employ the services of a court reporter to record and transcribe the proceedings by any means permitted in the circuit courts of this state.

7.3. The cost of preparing a transcript of the hearing shall be borne by the party requesting it. This subdivision does not, however, bar the Commission from ordering the Respondent to pay the cost in accordance with W. Va. Code § 6B-2-4(s)._

7.4. Any party to a hearing has the right to be represented by an attorney duly qualified to practice in the State of West Virginia. A Respondent may not be represented at a hearing by a spokesperson, lay representative or anyone else not authorized to practice law in the State of West Virginia.

7.5. The Respondent may appear without counsel and represent himself or herself at the hearing. At the beginning of the hearing, the Hearing Examiner shall ensure that the Respondent does not desire to obtain counsel and is thoroughly advised of the sanctions which may be imposed in the event the Commission finds that the Respondent committed a material violation of W. Va. Code §§ 6B-1-1 through 6B-3-11.

7.6. All persons at the hearing shall conduct themselves in a respectful manner. Demonstrations of any kind at hearings shall not be permitted. The Hearing Examiner may, in his or her discretion, recess or continue any hearing at which any person conducts themselves in any manner which interferes with or prevents the proper conduct of the hearing.

7.7. All testimony to be considered by the Hearing Examiner at the hearing shall be by sworn or affirmed testimony.

7.8. The purpose of the hearing is to further inquire into the matters set forth in the Statement of Charges and to record evidence and arguments in support of and in opposition to the charges so that the Commission may determine all issues.

7.9. Members of the Commission and its officers, agents and employees are competent to testify at the hearing as to material and relevant matters but no member of the Commission who testifies at the hearing may thereafter participate in the deliberations or decisions of the Commission with respect to the case in which he or she testified.

7.10. Each party may make a brief opening statement setting forth the evidence he or she intends to prove.

7.11. The Complainant or the Commission's counsel shall first present competent and relevant evidence, including testimony and/or documents, in support of the Statement of Charges.

7.12. The Respondent or his or her counsel may present competent and relevant evidence following the conclusion of the Complainant's presentation of evidence.

7.13. Each party has the right to cross-examine any witness who testifies.

7.14. Following the presentation of the Respondent's evidence, the Complainant has the right to submit rebuttal evidence.

7.15. Following the presentation of all evidence, both parties have the right to make a closing argument, not to exceed ten minutes. The Hearing Examiner may extend the time period upon a showing of good cause.

7.16. All exhibits offered into evidence shall be labeled and marked.

7.17. All exhibits offered into evidence, or copies thereof, shall be appended to the record of proceedings, and if any exhibit is not susceptible to attachment or copying the Hearing Examiner may authorize the substitution of either a photograph, facsimile, or description of the exhibit.

7.18. The Hearing Examiner may order that witnesses be sequestered.

7.19. The Respondent is entitled to be present and to present evidence at the hearing; however, the Respondent shall be considered to have waived the right to be present if:

7.19.1. after being notified of the date, time and place of hearing he or she does not appear and fails to show good cause for his or her absence, or

7.19.2. after being advised by the Hearing Examiner that disruptive conduct will cause removal from the hearing, he or she persists in conduct which justifies his or her exclusion from the hearing.

W. Va. Code R. § 158-17-7