Current through Register Vol. XLI, No. 50, December 13, 2024
Section 174-4-7 - Conduct of Hearing7.1. If a licensee, upon who a proper notice of hearing has been served, fails to appear in person at the hearing, the Commission or presiding officer may proceed to conduct the hearing (or may enter such other order or judgement deemed appropriate) and the licensee shall be bound by the results of such hearing to the same extent as if the licensee were present.7.2. Before testimony is presented, the record shall show the identity of any Commission members present, of the presiding officer, and of the primary parties and their representatives, and shall reflect that all testimony is being recorded. The licensee may challenge any member of the Commission for cause prior to the commencement of the hearing; the members of the Commission (with the challenged member abstaining) shall decide by the majority vote whether cause exists and whether the challenged member shall participate in the hearing. The Commission or presiding officer shall set dates, times and rules for hearings and shall rule on all issues. Hearings shall generally be conducted in the following order, subject to modification at the discretion of the Commission or presiding officer: 7.2.a. The Presiding Officer may read a summary of the charges and answers thereto, and other responsible pleadings filed by the licensee prior to the hearing.7.2.b. The Assistant Attorney General representing the State's interest before the Commission may make a brief opening statement, which may include a summary of charges and the witnesses and documents to support such.7.2.c. The licensee shall be offered the opportunity to make an opening statement.7.2.d. The presentation of evidence on behalf of the State, including a summary at the close of the evidence on behalf of the State.7.2.e. The presentation of evidence on behalf of the licensee.7.2.f. Rebuttal evidence on behalf of the State, if any.7.2.g. Rebuttal evidence on behalf of the licensee, if any.7.2.h. Closing arguments, if any, by all interested parties on behalf of the Commission and on behalf of the licensee.7.3. The Commission may grant immunity from disciplinary action to a witness, but only upon a majority vote of the Commission members present. If the hearing is being presided over by an administrative law judge or hearing examiner, the administrative law judge or hearing examiner, shall have authority to grant immunity from disciplinary action before the Commission to a witness. The official record of the hearing shall include the reasons for granting the immunity.7.4. Admissibility of evidence at the hearing shall be governed by the terms of the West Virginia Administrative Procedure Act. Copies of documents offered as evidence at the hearing shall be provided to opposing parties. Copies must also be furnished to members of the Commission. Notwithstanding the foregoing, to the extent the licensee believes he or she is being asked to reply to accusations, charges, innuendoes, or facts for the first time in the hearing, the licensee shall be afforded the opportunity to respond to any such evidence to the Commission either in writing or at a subsequent scheduled meeting of the Commission; the Assistant Attorney General assigned to prosecute the case before the Commission shall, however, be allowed to continue to present evidence during the hearing.7.5. When a majority of the Commission presides over the reception of evidence at the hearing, the decision is a final decision.7.6. Upon the motion of the Commission or any party assigning error or omission in any part of any transcript, the Commission or its appointed administrative law judge or hearing examiner shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.