Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-38-30 - Accelerated Docket Proceedings30.1. Parties to a pole attachment complaint proceeding against a cable television system operator, a utility, or a telecommunications carrier, may request expedited treatment. Proceedings receiving expedited treatment are subject to shorter pleading deadlines and other modifications to the procedural rules that govern pole attachment formal complaint proceedings.30.2. A complainant may file a motion for expedited treatment at the time a complaint is filed.30.3. Within five days of receiving service of a pole attachment complaint against a cable television system operator, a utility, or a telecommunications carrier, a defendant may file a motion for expedited treatment.30.4. The Commission will allow responses to motions for expedited treatment, which must be filed within 5 business days of the filing of the motion unless otherwise ordered by the Commission. The Commission may issue an order, without hearing or further pleadings, granting or denying a motion for expedited treatment. The Commission will attempt, but is not required, to issue such order within fifteen days of filing of the motion.30.5. In appropriate cases, the Commission may require that the parties participate in pre-filing settlement negotiations or mediation under Rule 31.30.6. If the parties do not resolve their dispute and the matter is granted expedited treatment, the Commission will establish a procedural schedule.30.7. If it appears at any time that expedited treatment is no longer appropriate, the Commission may revise the expedited procedural schedule either on its own motion or at the request of any party.30.8. Commission review of an ALJ recommended decision shall comply with the filing and service requirements of Rule 19 of the Commission Rules of Practice and Procedure, 150 C.S.R 1.19.W. Va. Code R. § 150-38-30