Current through Register Vol. XLI, No. 48, November 27, 2024
Section 7-2-3 - Hearing Panel3.1. Hearing Panel.(a) Complaints regarding persons licensed by the Board and complaints regarding unlawful practice of engineering in this State or a request for hearing regarding licensure or issuance of a certificate of authorization shall be heard and decided by the Board as a whole sitting as a Hearing Panel, except that any member of the Board who has a conflict of interest with regard to a particular complaint may decline to participate in such proceedings. Recusal is mandatory in any proceeding in which a judge, similarly situated, would be required to exercise recusal. The filing of a complaint by a Board member will not automatically be grounds for recusal. Recusal shall not prevent a Board member from testifying as a witness.(b) If recusals result in there being less than a quorum, the remaining unrecused members of the Board shall appoint a registered professional engineer who is not a member of the Board for each recused member to serve solely for the purposes of hearing and deciding such complaint.(c) The Hearing Panel shall conduct hearings, make findings of fact and conclusions of law, and issue administrative decisions and orders to enforce the provisions of W. Va. Code §§ 30-13-1 et seq.3.2. Location of Hearing Proceedings. Unless otherwise ordered by a majority vote of the Board, all hearings shall be heard at Charleston.3.3. Quorum. A quorum shall consist of not less than three members of the Hearing Panel.3.4. Presiding at Hearings. (a) The President of the Board shall serve as the presiding officer at hearings. In the event of the President's recusal, the Hearing Panel shall elect a presiding officer from among themselves who will preside for hearings on that complaint.(b) The presiding officer shall have the power to (1) administer oaths and affirmations, (2) rule upon offers of proof and receive relevant evidence, (3) regulate the course of the hearing, (4) hold conferences for the settlement or simplification of the issues by consent of the parties, and (5) dispose of procedural requests or similar matters.3.5. Privilege and Immunity. All information provided, including documents and testimony given with respect to any complaint, investigation or proceeding under these rules, shall be privileged in any action for defamation or the like. All members of the Board, its counsel, and their employees shall be absolutely immune from civil suit in the same manner as members of the judiciary in the State for any conduct in the course of their official duties.