W. Va. Code R. § 105-1-15

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

Section 105-1-15 - Hearing and Evidence

15.1. A hearing before the OAH shall be heard de novo and conducted pursuant to the provisions set forth in chapters seventeen-b and seventeen-c of the West Virginia Code and, to the extent not inconsistent therewith, with the procedures set forth in article five, chapter twenty-nine-a of the West Virginia Code.

15.2. The West Virginia Rules of Evidence governing proceedings in the courts of this state shall be given like effect in OAH hearings. All testimony shall be given under oath. Evidentiary depositions may be taken prior to the hearing and read into evidence during the OAH hearing by following the same procedure as in civil actions in the circuit courts of this state.

15.3. Parties are required to present their evidence during the hearing. Premature or post-hearing evidence may be excluded at the discretion of the OAH unless specifically permitted by order.

15.4. The hearing shall be before the Chief Hearing Examiner or his or her designee hearing examiner employed by the OAH. Such hearing examiner has the power to hold conferences for the settlement or simplification of the issues by consent of the parties, administer oaths and affirmations, regulate the course of the hearing, sequester witnesses, rule on motions and evidence, question witnesses, dispose of procedural requests or similar matters, and exclude any person from the hearing who engages in conduct intended to disrupt the hearing, willfully violates instructions issued by the hearing examiner, or is not a party, a party's attorney, or testifying witness. Hearing Examiners shall have authority to rule on procedural matters. This authority may, however, be overruled by the Chief Hearing Examiner or his or her designee, if in the opinion of the Chief Hearing Examiner or his or her designee, the hearing examiner has exercised the authority in a manner that constitutes an abuse of discretion.

15.5. The Hearing Examiner may sua sponte, or upon the motion of a party, sequester the witnesses from the hearing room. If said sequestration is ordered, the only witnesses who shall be permitted to remain in the hearing room are the Petitioner and one law enforcement officer as designated by the Commissioner or the Commissioner's counsel.

15.6. 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 party may not be represented at a hearing by a spokesperson, lay representative, or anyone else not licensed and authorized to practice law in the state of West Virginia. The petitioner may appear without an attorney and represent himself or herself at the hearing. The Commissioner may be represented at hearings conducted by the OAH, and evidence submitted by the Commissioner may be considered in such hearings with or without such representation.

15.7. All of the testimony, evidence, arguments, and rulings during a hearing shall be recorded electronically or by mechanized or stenographic means by the OAH. Audio or video recording of a proceeding by anyone other than OAH personnel without prior written permission of the Chief Hearing Examiner is prohibited.

15.8. The party carrying the burden of proof has the initial opportunity to present evidence. Parties have the right to cross examine witnesses and to submit rebuttal evidence. Following the presentation of all evidence, each party has the right to offer closing arguments.

15.9. The OAH may require proposed findings of fact and conclusions of law from the parties prior to the issuance of the final order in the matter. Unless otherwise specified during the hearing or by order, a party shall provide by e-mail all proposed findings of fact and conclusions of law to the OAH and directly to the hearing examiner who presided over the hearing within ten (10) days of the conclusion of the hearing.

W. Va. Code R. § 105-1-15