W. Va. Code R. § 158-16-5

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

Section 158-16-5 - Investigation

5.1. The Review Board has forty-five days following the mailing of the Notice of Investigation to commence to consider:

5.1.1. The allegations raised in the Complaint;

5.1.2. Any written response filed by the Respondent;

5.1.3. Any oral response presented by the Respondent;

5.1.4. Other competent, relevant evidence submitted by any person to the Commission, and

5.1.5. Other competent, relevant evidence gathered by the Commission.

5.2. The investigation and determination as to probable cause shall not exceed eighteen months from the date the Notice of Investigation is mailed unless consented to by both the Respondent and Complainant, or unless the Ethics Commission finds that there is good cause for delay in the investigation and memorializes its determination in writing.

5.3. If the Respondent submits a request to make an oral response to the Complaint, the Executive Director, his or her designee, or the Review Board Chairperson shall schedule a meeting for that purpose. The Respondent, his or her attorney, Commission staff and any person the Review Board determines is necessary for the efficient operation of the meeting may be present at that meeting.

5.4. The Respondent has thirty minutes to make an oral response or statement of defense to the charges or allegations contained in the Complaint. The Review Board, in its discretion, may allow the Respondent additional time for the oral response.

5.5. The Review Board may seek additional probative information from the Respondent as is necessary for its investigation.

5.6. The Review Board may issue subpoenas as is necessary and any subpoena issued has the same effect as one issued by a circuit court of the state. The subpoena may be signed by the Review Board Chairperson, his or her designee, or by the Executive Director.

5.7. The Review Board Chairperson, his or her designee, the Executive Director, or his or her designee, may seek enforcement of any subpoena in a circuit court.

W. Va. Code R. § 158-16-5