Current through Register Vol. XLI, No. 50, December 13, 2024
Section 187-3-2 - Definitions2.1. "Act" shall mean the West Virginia Cable Television Systems Act.2.2. "Answer" shall mean that response to the complaint which is filed by the respondent in conformity with these rules,2.3. "Board" shall mean the duly appointed, qualified, and constituted Cable TV Advisory Board of the State of West Virginia or its designate.2.4. "Complaint" shall mean that written statement which contains the requisite elements set forth in W. Va. Code § 5-18-25(b).2.5. "Consent order" shall mean a final order of the Cable TV Advisory Board which is entered into by the parties with their consent.2.6. "Contested cases" shall mean proceedings in which the legal rights, duties, interests or privileges of specific parties arising under Chapter 5, Article 18 of the West-Virginia Code; the legislative rules thereunder; or the pertinent franchise agreement are determined after a hearing under these rules subject to a subsequent appeal to the proper Circuit County Court by any party aggrieved by the outcome of such a hearing.2.7. "Findings" shall mean the presiding officer's findings of fact and law, together with any proposed order and statement of rationale set forth in his decision.2.8. "Motion" shall mean any application by either party for an order.2.9. "Order" shall mean any order of the presiding officer, and "final order" shall mean the final dispositive order of the Board whether such order is adjudicated or entered by consent. 2.10. "Party" or "parties" shall mean the parties to the case, including any respondent, and any intervener.2.11. "Pleading" shall include any complaint, answer, motion, or other document filed in a contested case.2.12 . "Presiding officer" shall mean that designate of the Cable TV Advisory Board who is assigned to hear any evidence in any contested case, to make decisions in any contested case, and sign any orders in any contested case; the term includes any hearing examiner appointed or designated by the Board.2.13. "Respondent" shall mean any cable operator who is alleged to have engaged in conduct violative of the act, the rules thereunder, the pertinent franchise agreement; or is otherwise engaged in conduct which the Board has authority to proscribe by order.