W. Va. Code R. § 114-13-6

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

Section 114-13-6 - Conduct of Hearings

6.1. General. -- An opportunity shall be afforded all parties to present evidence and argument with respect to the matters and issues involved. All hearings shall be conducted in an impartial manner. Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. Persons directly affected by the hearing may appear in person or by counsel, may be present during the giving of all evidence, and shall have a reasonable opportunity to inspect all documentary evidence, to examine witnesses, to present relevant evidence, and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence.

6.2. Who shall conduct. -- Hearings shall be conducted by the commissioner or the person designated by him or her to be the Hearings Examiner. The person conducting the hearing shall have the power to:

a. Administer oaths and affirmations;

b. Rule upon offers of proof and receive relevant evidence;

c. Regulate the course of the hearings;

d. Hold conferences for the settlement or simplification of the issues by consent of the parties; and e. Dispose of procedural requests or similar matters.

6.3. Place of hearing. -- Hearings shall be held at such places as the commissioner may designate.

6.4. Evidence.

a. In contested cases irrelevant, immaterial or unduly repetitious evidence shall be excluded. Generally, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed: Provided, however, That whenever possible, formal rules of pleading or evidence need not be strictly observed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers shall be noted in the record. Any party to any such hearing may vouch the record as to any excluded testimony or other evidence.

b. All evidence, including papers, records and documents in the possession of the commissioner, of which he or she desires to avail himself or herself, shall be offered and made a part of the record in the case and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

6.5. Stipulations. -- Written stipulations may be introduced in evidence, if signed by the persons sought to be bound thereby or by their attorneys. Oral stipulation may be made on the record as permitted by the Hearings Examiner.

6.6. Motions and objections. -- Motions made during a hearing and objections with respect to the conduct of a hearing, including objections to the introduction of evidence, shall be preserved in the record.

6.7. Memorandums and briefs. -- The Hearings Examiner may permit parties to submit legal memorandums or briefs within such time as he shall deem appropriate.

6.8. Improper conduct. -- The Hearings Examiner may exclude from the place of hearing or from further participation in the hearing any person who engages in improper conduct.

6.9. Continuation and adjournment. -- The Hearings Examiner may continue a hearing from one day to another or adjourn it to a later date or to a different place by announcement thereof at the hearing or by appropriate notice to all parties.

6.10. Subpoenas. -- In accordance with the provisions of W. Va. Code § 33-2-4, the commissioner, or any person conducting a hearing by his or her authority, shall have power to issue subpoenas and subpoenas duces tecum. Such process shall be issued in conformity with the provisions of W. Va. Code §§ 33-2-5, 6, 7 and 8 and 29A-5-1(b).

6.11. Failure to appear. -- Notwithstanding the failure of any party to appear at a hearing in accordance with notice provided, the commissioner may proceed to hold a hearing at the time and place specified in said notice and may make findings of fact and conclusions of law and enter an order upon the testimony and evidence taken at the hearing.

6.12. Rehearing. -- In the discretion of the commissioner, a rehearing may be granted to any party to a hearing upon written request filed with the commissioner within thirty (30) days of the entry of an order.

6.13. Pro hac vice admission. -- Representation or appearance of parties in all formal proceedings pending before the commission shall be only by attorneys at law admitted to practice before the courts of this state, before the courts of last resort of other states, or before the Supreme Court of the United States; provided that attorneys appearing before the commission who are not licensed to practice in West Virginia shall have sought and obtained permission to practice before the commission in compliance with Rule 8.0 of the Rules for Admission to the Practice of Law of the State of West Virginia; provided, however, that an individual may appear for and represent himself or herself, or a partner may represent his or her partnership, upon permission granted in the discretion of the commission. Documentation of permission granted by the West Virginia State Bar shall be supplied to the commission before such attorney files any pleading or makes any appearance before the commission.

W. Va. Code R. § 114-13-6