Current through Register Vol. XLI, No. 50, December 13, 2024
Section 187-3-4 - Answer in Contested Cases4.1. Within thirty days after being served, a respondent shall file an answer with the Board and the complainant or complainant's counsel unless an agreement has been reached with complaint counsel or the presiding officer, after considering a motion, grants additional time to answer the complaint. The answer shall contain admissions of or denials of facts as alleged within the complaint. However, if after reasonable investigation, respondent determines that he or she has no knowledge of the facts as presented in the complaint, the respondent may answer accordingly. The answer shall be signed by the respondent or authorized officer or counsel thereof, be sworn to, and contain the signature and address of the attorney of record if such may be the case. In addition, the respondent may set forth any affirmative defenses or other defenses to the complaint if he may so desire,4.2. In addition to or in lieu of any answer, a respondent may make any motion to dismiss, motion for more definite statement, or motion to strike. However, if the presiding officer postpones ruling on such motions or deny such motions, the respondent shall answer the complaint within ten days after denial of such motion, or written notice from the presiding officer of such postponement.4.3. Motions to dismiss shall include motions based upon (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) failure to state a claim upon which relief may be granted; (4) res judicata; or (5) other motions available under Rule 12 of the West Virginia Rules of Civil Procedure. The presiding officer must rule on these motions before any final order can be entered by the Board, and may hold a preliminary hearing and issue a finding on any such motion prior to the hearing of the case-in-chief.