W. Va. Code R. § 158-13-3

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

Section 158-13-3 - Definitions

3.1. "Compensation" means any money, thing of value or financial benefit. The term "compensation" does not include reimbursement for actual reasonable and necessary expenses incurred in the performance of one's official duties.

3.2. "De minimis" means an insignificant interest that could not raise reasonable question as to an administrative law judge's impartiality.

3.3. "Degree of relationship" means the calculation authorized by the civil law system.

3.4. "Fiduciary" means such relationships as executor, administrator, trustee and guardian.

3.5. "Financial interest" means ownership of more than a de minimis legal or equitable interest, however small, or a relationship as director, advisor or other active participant in the affairs of a party, except that:

3.5.a. ownership in a mutual or common investment fund that holds securities is not a "financial interest" in such securities unless the state administrative law judge participates in the management of the fund;

3.5.b. an office in an educational, religious, charitable, fraternal or civic organization is not a "financial interest" in securities held by the organization;

3.5.c. the proprietary interest of a policyholder in a mutual insurance company or a depositor in a mutual savings association or a similar proprietary interest is a "financial interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest;

3.5.d. ownership of government securities is a "financial interest" in the issue only if the outcome of the proceeding could substantially affect the value of the securities;

3.6. "Member of the family residing in the household" means any relative of the administrative law judge by blood or marriage, or a person treated by a judge as a member of the family, who resides in the household.

3.7. "Organization which practices invidious discrimination" means any organization which arbitrarily excludes persons from membership upon the basis of race, gender, religion, or national origin. However, "organization" shall not include an association of individuals dedicated to the preservation of religious, ethnic, historical, or cultural values of legitimate common interest to its members; or an intimate, distinctly private association of persons whose membership limitations would be entitled to constitutional protection.

3.8. "Political organization" means a political party or other group, the principal purpose of which is to further the election or appointment of candidates to political office.

3.9. "Proceeding" includes pre-hearing or other stages of litigation.

3.10. "State administrative law judge," "administrative law judge" or "judge" means any public employee, public officer, or contractor functioning as a hearing officer, referee, trial examiner or other position in state government to whom the authority to conduct an administrative adjudication has been delegated by an agency or by statute, and who exercises independent and impartial judgment in conducting hearings and in issuing recommended decisions or reports containing findings of fact and conclusions of law in accordance with applicable statutes or rules, but does not include any person whose conduct is subject to the code of judicial conduct promulgated by the West Virginia supreme court of appeals.

W. Va. Code R. § 158-13-3