W. Va. Code R. § 158-5-10

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

Section 158-5-10 - Hearing Board and Hearing Examiner

10.1. The commission members who have not served as members of the investigative panel in a particular case shall comprise a hearing board responsible for adjudicating the case. A hearing examiner shall be employed by the commission to preside at the taking of evidence at the hearing and issue a recommended decision. The hearing examiner shall be known as the "presiding officer" at the hearing as that term is used in these rules.

10.2. The qualifications of the hearing examiner shall conform to the requirements of 158 CSR 13. Hearing examiners must be attorneys licensed to practice in West Virginia, with a minimum of three years experience in the practice of law.

10.3. The hearing examiner will be selected by the chairperson of the commission, subject to approval at the next meeting by a majority vote of the commission members present and voting.

10.4. The hearing examiner presiding at a hearing may:

10.4.a. administer oaths and affirmations;

10.4.b. compel the attendance of witnesses and issue subpoenas for witnesses as provided in this rule;

10.4.c. compel the production of documents and issue subpoenas duces tecum as provided in this rule;

10.4.d. examine witnesses and parties;

10.4.e. rule on offers of proof;

10.4.f. rule on evidentiary matters;

10.4.g. regulate the course of the hearing;

10.4.h. hold conferences for the settlement or simplification of issues by consent of the parties;

10.4.i. dispose of procedural requests or similar matters;

10.4.j. accept stipulated agreements;

10.4.k. take other action authorized by the ethics commission consistent with the provisions of 158 CSR 13 and this rule; and,

10.4.l. continue the hearing date upon motion of the respondent or commission where good cause is shown.

W. Va. Code R. § 158-5-10