W. Va. Code R. § 158-5-13

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

Section 158-5-13 - Hearing Procedure

13.1. The West Virginia Rules of Evidence shall be used in the hearing.

13.2. The complaint will be prosecuted by a member of the commission staff.

13.3. The hearing proceedings shall be electronically recorded or, the commission may employ the services of a court reporter to record and transcribe the proceedings by any means permitted in the circuit courts of this state.

13.4. Any party to a hearing has the right to be represented by an attorney duly qualified to practice in the State of West Virginia. No party may be represented at a hearing by a spokesperson, lay representative or anyone else not licensed or authorized to practice law in the State of West Virginia.

13.5. The respondent may appear without counsel and represent himself or herself at the hearing. At the beginning of the hearing the presiding officer shall insure the respondent does not desire to obtain counsel and is thoroughly advised of the sanctions which may be imposed in the event of a finding that the respondent committed a material violation of 158 CSR 13.

13.6. All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. Demonstrations of any kind at hearings shall not be permitted. The presiding officer may, in his or her discretion, recess or continue any hearing in which the parties, attorneys, witnesses or spectators, conduct themselves in a disrespectful, disorderly or contemptuous manner which interferes with or prevents the proper conduct of the hearing.

13.7. All testimony to be considered by the presiding officer at the hearing shall be by sworn or affirmed testimony.

13.8. The purpose of the hearing is to further inquire into the matters set forth in the statement of charges, and to record evidence and arguments in support of and in opposition to the charges so that the commission may determine all issues.

13.9. Members of the commission and its officers, agents and employees are competent to testify at the hearing as to material and relevant matters: Provided, That no member of the commission who testifies at the hearing shall thereafter participate in the deliberations or decisions of the commission with respect to the case in which he or she testified.

13.10. Each party may make a brief opening statement setting forth the evidence he or she intends to prove.

13.11. Initially the complainant or the commission's counsel shall present competent and relevant evidence, including testimony or documents, in proof of the statement of charges.

13.12. The respondent or his or her counsel may present competent and relevant evidence following the conclusion of the complainant's case.

13.13. Each party has the right to cross-examine any witness who testifies.

13.14. Following the presentation of the respondent's evidence the complainant has the right to submit rebuttal evidence.

13.15. Following the presentation of all evidence all parties have the right to offer oral argument to summarize the evidence presented, not to exceed ten (10) minutes for each presentation, unless for good cause the period is extended by the presiding officer.

13.16. All exhibits offered into evidence shall be labeled and marked as exhibits of the respective parties, such as "Complainant Exhibit," or "Respondent Exhibit".

13.17. All exhibits offered into evidence, or copies thereof, shall be appended to the record of proceedings, and if any exhibit is not susceptible to attachment or copying either a photograph, facsimile, or description of the exhibit may be substituted.

13.18. The presiding officer may order witnesses sequestered upon his or her own motion or on the motion of a party.

13.19. The respondent is entitled to be present and to present evidence at the hearing; however, the taking of evidence and a final determination of the issues shall not be prevented, and the respondent shall be considered to have waived the right to be present if:

13.19.a. after being notified of the date, time and place of hearing he or she does not appear, absent a prior showing of good cause, or

13.19.b. after being advised by the presiding officer that disruptive conduct will cause removal from the hearing, he or she persists in conduct which justifies his or her exclusion from the hearing.

13.20. The cost of preparing a transcript of the hearing shall be borne by the party requesting it. Upon a showing of indigence by the respondent, however, the commission may provide a transcript of the hearing without charge.

W. Va. Code R. § 158-5-13