Current through Register Vol. XLI, No. 50, December 13, 2024
Section 174-4-5 - Contested Case Hearing5.1. Hearings shall be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code and the Commission=s rules.5.2. Hearings shall be held at a time and place determined by the Commission, but in no event less than thirty days after the notice of hearing is given.5.3. Any member of the Commission has the authority to administer oaths and to examine any person under oath.5.4. If, after hearing, the Commission determines the licensee has violated any provision of W. Va. Code '30-40-1, et seq., the Commission=s rules or any order or final decision issued by the Commission, a formal decision shall be prepared which contains findings of fact, conclusions of law and specifically lists the disciplinary actions imposed.5.5. The Commission may elect to have an administrative law judge or hearing examiner conduct the hearing.5.5.a. In such cases where the Commission elects to utilize an administrative law judge or hearing examiner, the administrative law judge or hearing examiner shall: 5.5.a.1. Be in control of the proceedings as presiding officer,5.5.a.2. Have the authority to administer oaths,5.5.a.3. Have the authority to admit or exclude testimony or other evidence, and5.5.a.4. Have the authority to rule on all motions and objections.5.5.b. At the conclusion of a hearing, the administrative law judge or hearing examiner shall prepare a proposed order which shall contain findings of fact and conclusions of law. The Commission may request that the administrative law judge or hearing examiner additionally prepare and submit proposed disciplinary action, if any and where warranted, to be taken against the licensee in the proposed order. The Commission may accept, reject or modify the proposed decision of the administrative law judge or hearing examiner.5.6. Contested case hearings shall be recorded either by mechanical or electrical means or by certified shorthand reporters. Contested case hearings or any part thereof shall be transcribed at the request of any party, with the expense of the transcription to be charged to the requesting party. The recording, stenographic notes or transcription of oral proceedings shall be filed with and maintained by the Commission for at least five years.