W. Va. Code R. § 158-17-9

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

Section 158-17-9 - Decision of Hearing Examiner

9.1. The Hearing Examiner must issue proposed Findings of Facts and Conclusions of Law (hereinafter "Recommended Decision") within forty-five days from receipt of the parties' proposed Findings of Fact, Conclusions of Law and briefs._

9.2. The Hearing Examiner shall provide a copy of the recommended decision to the Executive Director who shall provide a copy of it to the parties and the Commission.

9.3. The parties may submit briefs to the Commission in support of or in opposition to the Hearing Examiner's recommended decision within fourteen days of receipt of the recommended decision.

9.4. The Commission shall then have forty-five days within receipt of the entire record to make a final decision on behalf of the Commission.

9.5. Either party may request an opportunity to make an oral argument to the Commission 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 within fifteen business days from the conclusion of the hearing.

W. Va. Code R. § 158-17-9