W. Va. Code R. § 187-3-14

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

Section 187-3-14 - Order by Default or Summary Judgment

14.1. Any person who fails to answer any complaint may be subject to an order by default in accordance with the provisions of Rule 55 of the West Virginia Rules of Civil Procedure. A copy of the final order issued by the Board shall be served upon the defaulting party and shall be final ten days after such service.

14.2. After the issues have been joined and discovery has closed, the parties may file motions for summary judgment setting forth by affidavit, law, and evidence the reasons summary judgment must be granted. Grant of a summary judgment shall be reviewed by the Board for issuance as a final order. The presiding officer and Board shall be guided by the provisions of Rule 56 of the West Virginia Rules of Civil Procedure in making their determination.

14.3. If summary judgment fails to resolve all issues, the presiding officer shall conduct a hearing and, after hearing evidence and argument, shall issue his findings, which findings shall include a decision as to all remaining issues to the complaint. Within ten days after the entry of such findings and decision, the parties may file exceptions and ask for reconsideration. The presiding officer may schedule oral argument regarding the motion for reconsideration, may rule on the briefs filed in support of the motion, or may deny such motion and affirm the findings and decision. Such findings, including the decision therein, shall be certified to the Board for final order upon ten days after its issuance or, if reconsideration is requested, immediately upon denial of reconsideration.

14.4. The presiding officer may set forth and recommmend in his findings, and the Board may require in its final order, restitution to consumers who have been adversely affected by the actions of the respondent, provided the respondent received notice that such restitution was being sought.

W. Va. Code R. § 187-3-14