W. Va. Code R. § 158-5-15
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 158-5-15 - Decision by Hearing Examiner15.1. The hearing examiner shall prepare a recommended decision following the fifteen (15) day period after the hearing reserved to the parties to submit proposed findings of fact, conclusions of law and any briefs containing argument.15.2. The hearing examiner has forty five (45) days from receipt of the proposed findings and conclusions from the parties to issue his or her recommended decision.15.3. The hearing examiner shall serve copies of this recommended decision on the parties by certified mail, return receipt requested, and submit the recommended decision, along with the entire record, to the commission for final decision by the hearing board.15.4. The commission members who have not served as members of the investigative panel in a particular case shall comprise the hearing board responsible for making the commission's final determination on a complaint.15.5. The parties may submit briefs to the commission's hearing board in support of or in opposition to the hearing examiner's recommended decision within fourteen (14) days of receipt of the recommended decision.15.6. The commission's hearing board shall then have forty-five days (45) within receipt of the entire record to make a final decision on behalf of the commission.15.7. Any party may request an opportunity to make an oral argument to the hearing board members prior to their deliberations on the hearing examiner's recommended decision and the imposition of appropriate sanctions, if applicable. The request must be made in writing and submitted with the party's brief regarding the hearing examiner's recommended decision filed pursuant to section 15.1 of this rule. Oral argument shall not exceed ten (10) minutes for each presentation, unless for good cause the period is extended by the chairperson of the hearing board.W. Va. Code R. § 158-5-15