W. Va. Code R. § 158-17-5

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

Section 158-17-5 - Disqualification of Hearing Examiners

5.1. A party may seek to disqualify the Hearing Examiner by filing a written motion asserting the grounds for disqualification. The motion must be filed at least thirty days prior to the scheduled hearing.

5.2. The Hearing Examiner may hold a hearing on the Motion for Disqualification. If the Hearing Examiner denies the Motion for Disqualification, he or she shall set forth the grounds for denial in writing. If a moving party's Motion for Disqualification is denied, he or she may request a hearing before the Commission Chairperson or his or her designee who shall review the Motion for Disqualification de novo and decide the Motion.

5.3. The party seeking to disqualify the Hearing Examiner may request that a full record be made. The costs thereof, including the cost of court reporter services, witness fees and expenses shall be borne by the moving party unless the moving party prevails on the motion. This subsection does not, however, bar the Commission from ordering the Respondent to pay this cost in accordance with W. Va. Code § 6B-2-4(s).

5.4. The Chairperson or his or her designee shall issue a written decision on the Motion for Disqualification as soon as practicable. If a motion is granted, the Executive Director shall appoint a new Hearing Examiner. If the motion is denied, the Hearing Examiner shall proceed to hear the case within the time frame set forth in the Notice of Hearing or may for good cause reschedule the hearing to a later date.

5.5. The decision on the merits of a motion to disqualify a Hearing Examiner is interlocutory and is not subject to direct or immediate appeal.

W. Va. Code R. § 158-17-5