Current through Register Vol. XLI, No. 50, December 13, 2024
Section 187-3-3 - Institution of Contested Cases,3.1. A contested case shall commence upon the filing of a formal request in the form of a verified complaint with the Cable TV Advisory Board. The complaint shall contain the name(s) of the respondent(s), a short statement of facts supporting the complaint, a statement of the laws, rules, or franchise terms purported to be violated, or cite to law giving the Board the authority to proscribe the conduct by an order, and the signature of the complainant or his or her counsel. In addition, the complainant must set forth the affirmative relief which he or she desires.3.2. The complaint shall be numbered upon filing with the appropriate officer designated by the Cable TV Advisory Board for that purpose. Such numbers shall be in consecutive order commencing with the last two digits of the calendar year in which the contested case was commenced,3.3. The complainant shall upon filing supply the Board with the identities and, if known, the addresses of the persons to be served. The Board upon receiving the filing shall promptly complete and serve upon respondent(s) a Notice designating a date not less than thirty days after service by which any respondent must answer, along with a statement that a failure to answer the attached complaint may result in a default order being entered, and the name and address of the complainant or his or her counsel upon whom such respondent shall make his answer.3.4. If any person fails to answer the complaint within thirty days, or otherwise inhibits the proceedings, the presiding officer may upon motion by complainant or complainant's counsel deem that a decision by default shall be entered either with or without additional evidence, depending upon the matter, in conformity with the provisions of Rule 55 of the West Virginia Rules of Civil Procedure,