Current through Register Vol. XLI, No. 50, December 13, 2024
Section 158-5-4 - Acceptance or Dismissal of Complaints4.1. In considering a complaint, the committee shall act in the capacity of an investigative panel. The investigative panel must first determine whether the allegations stated in the complaint, if taken as true, would constitute a material violation of 158 CSR 13.4.2. If two members of the investigative panel determine that the complaint does not contain allegations which would constitute a material violation of 158 CSR 13, then the investigative panel shall dismiss the complaint by order. A copy of the order shall be sent to the complainant by first class mail.4.3. If the investigative panel determines that the allegations of the complaint, if taken as true, would constitute a material violation of this 158 CSR 13, then the executive director or his or her designee shall give notice of the initiation of an investigation (Notice of Investigation) by the panel to the complainant and respondent.4.4. The Notice of Investigation, accompanied by a copy of the complaint, shall be mailed to the parties and be sent to the respondent by certified mail, return receipt requested, marked "Addressee only, personal and confidential."4.5. The Notice of Investigation shall describe respondent's conduct which is the basis for the alleged violation of 158 CSR 13.4.6. The Notice of Investigation shall advise the respondent that the purpose of the investigation is to determine whether probable cause exists to believe a violation of the Code of Conduct for Administrative Law Judges has occurred which may subject the respondent to sanctions by the West Virginia Ethics Commission.4.7. The Notice of Investigation shall also inform the respondent that he or she has the right to appear and make an oral response before the investigative panel if he or she reserves the right to make an appearance in writing within fifteen (15) days of the date of notice.4.8. The Notice of Investigation shall also inform the respondent that he or she may respond in writing to the investigative panel within thirty (30) days of receipt of the notice, which time may be extended by the chairman of the investigative panel upon good cause shown by the respondent.4.9. The Notice of Investigation shall also advise the respondent that his or her failure or refusal to respond to a fact or allegation is not taken as an admission of the truth of that fact or allegation.