W. Va. Code R. § 107-05-3
Notice of time and place shall be given to all parties who may be interested in any hearing as provided by law, except for emergencies as provided by West Virginia Code, Chapter 31 A, Article 3, Section 3(c). Hearings may be continued by the Board on its own motion or for good cause ihown without further notice.
The Board shall determine the site of any hearing All hearings shall be open to the public.
Any matter requiring a hearing may be heard by the Board or by a Board member designated by the Board to conduct such hearing. In the event a hearing is conducted by a Board member, a transcript of ihe evidence and all exhibits shall thereafter be made available to the Board members for their consideration in rendering a decision.
All hearings shall be conducted in accordance with statutory provisions set forth in West Virginia Code, Chapter 29A, Article 5.
When an intervener has qualified as n party pursuant to the provisions of West Virginia Code, Chapter 31 A, Article 3, Section 3(c), he shall be given ample opportunity to be heard. However, since such hearings are administrative and not adversary in nature, all parties arc requested to waive cross-examination of witnesses of other parties.
Any petitioning party shall, not later than twenty days prior to the hearing date, and any intervenor shall, not less than ten days prior to any hearing date, file with the Commissioner eight copies of the following items and shall simultaneously supply opposing parties with one copy:
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. Any member of the Board may introduce into evidence any items or information in his possession and any papers, records, agency staff memoranda and documents in the possession of the agency.
By agreement of all parties, any matter pertinent to the issues may be stipulated on the record. Evidence of witnesses may be received by deposition in the same manner as in a court of record.
Parties shall be allotted one hour for presentation of evidence and fifteen minutes for argument subject to enlargement for good cause shown upon request prior to the start of the hearing.
A record shall be made of all testimony in a contested case but need not be transcribed unless requested by a party, in which event the cost of the transcription shall be borne by such party. If the hearing is conducted by a Board member, then the record shall be transcribed at Board expense for use by the Board in making its decision.
The Board shall render its decision "within thirty days after a case is heard and an order reciting findings of fact and conclusions of law in conformity with the decision of the Board shall be entered by the Commissioner within forty-eight hours (excluding Saturdays, Sundays and holidays) after the decision of the Board is made. All decisions of the Board shall be by majority of the Board members participating in any hearing in person. Decisions made upon a transcript of a hearing conducted by a Board member shall be by a majority of Board members receiving and reviewing such transcript.
After a final decision upon any maucr, the Board shall not gram a rehearing upon the same matter but an aggrieved party may [lavc recourse to an appeal as provided by law.
Any party seeking privileges, rights or authority to act from the Board who has been refused by final order of the Board may reapply dc novo to the Board after the expiration of six months from the date of the refusal order.
All notices required by statute or rule shall be sufficient if served as required by law upon a party or his attorney of record.
In all hearings set before the Board, or a Board member, the presiding officer shall maintain order in the hearing room and shall have the authority to exclude or eject from the hearing room any person who engages in improper or disruptive conduct.
Any person not a party who may have an interest in any matter on hearing before the Board, may upon request to the Commissioner prior to the start of the hearing be accorded an opportunity to be heard within the discretion ofthe Board and upon such terms and conditions as may be determined by the Board.
Any Board member may disqualify himself from participating in any hearing or decision and such disqualification and non-participation shall be noted on the record.
W. Va. Code R. § 107-05-3