W. Va. Code R. § 106-10-3

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

Section 106-10-3 - Contested Case Hearings

3.1. Conduct of hearing. -- Any contested case hearing before the Commissioner of Banking shall be conducted pursuant to W. Va. Code '29A-5-1 et seq. and W. Va. Code '31A-8-1.

3.2. Notice of hearing. -- Notice of the time and place of any hearing shall be given to all parties who may be interested in any hearing as provided for in W. Va Code '31A-8-1; 29A-5-1; and 29A-7-2. All notices required by statute or these rules to be served on parties to a contested case hearing shall be sufficient if served upon that party or his attorney of record, in person or by registered or certified mail. Hearings may be continued by the Commissioner of Banking on his own motion or for good cause shown without further notice.

3.3. Place of hearing. -- The Commissioner of Banking shall determine the site of any hearing.

3.4. Hearing tribunal. -- Pursuant to W .Va. Code '31A-8-1, any matter requiring a hearing may be heard by the Commissioner of Banking or by a hearing examiner appointed by him.

3.5. Presentation of evidence. -- Seven (7) days prior to the hearing date, each party to the hearing shall file with the Commissioner of Banking three (3) copies of the following items and shall simultaneously supply opposing parties with one (1) copy:

(a) The basic petition document or answer to that petition and supporting exhibits which the party may wish to file in support or furtherance of that petition or answer to that petition.

(b) A list of all witnesses proposed to be called with the identity of each witness and a concise summary statement of each witness' testimony. At any hearing, all items previously filed as hereinabove required shall become a part of the record and shall not require further authentication, but may be traversed by an opposing party. No witness not previously listed shall be heard except for good cause shown. The provisions of W. Va. Code '29A-5-2 shall govern the presentation of all evidence at a contested case hearing.

3.6. Stipulations. -- Seven (7) days prior to the hearing date, parties to the hearing shall file with the Commissioner of Banking three (3) copies of a signed joint stipulation setting forth the following:

(a) Issues to be decided;

(b) Statement of undisputed facts, including facts to which each witness will testify;

(c) Statement of disputed facts, including facts to which each witness will testify; and

(d) Exhibits to be introduced, with or without objection.

It shall be within the Commissioner of Banking's discretion to waive this signed joint stipulation requirement.

3.7. Record. -- A record shall be made of all reported testimony and evidence in a contested case hearing but need not be transcribed unless requested by a party, in which case the cost of the transcription shall be borne by such party.

3.8. Decision. -- The Commissioner of Banking shall render his decision within thirty (30) days after a contested case is heard or within thirty (30) days after proposed findings of fact and conclusions of law and exceptions to those proposed findings of fact and conclusions of law are filed. An order accompanied by findings of fact and conclusions of law (in conformity with that decision of the Commissioner of Banking) shall be entered in accordance with the provisions of W. Va. Code '29A-5-3.

3.9. Finality of decision. -- After a final decision is rendered pursuant to Section 3.8 of these regulations, the Commissioner of Banking shall not grant a rehearing upon the same matter, but an aggrieved party shall have recourse to an appeal pursuant to W. Va. Code '29A-5-4.

W. Va. Code R. § 106-10-3