Current through Register Vol. XLI, No. 50, December 13, 2024
Section 20-1-4 - Hearings4.1. Demand for hearing; form required. -- Any party who demands a hearing to have determined any constitutional rights, legal rights, duties, interests or privileges of specific parties as required by law shall specify in writing the grounds relied upon as a basis for the relief requested.4.2. Hearing on written demand. -- When the Board is presented with a demand for a hearing as described in Subsection 4.1 of this Section he shall conduct a hearing with forty-five (45) days of receipt by the Board of such written demand, unless postponed to a later date by mutual agreement. However, if the Board shall determine that the hearing demanded:(a) Would involve an exercise of authority in excess of that available to the Board under law; or,(b) Would serve no useful purpose, the Board shall, within twenty (20) days of the receipt of such demand, enter an order refusing to grant the hearing as requested, incorporating therein the reason for such refusal. Appeal may be taken from such order as provided in section four, article five, chapter twenty-nine-a of the West Virginia Code of 1931, as amended.4.3. Notice of hearing. -- Upon the receipt of a demand for a hearing as described in Subsection 4.1 of this Section, the Board shall within twenty (20) days provide the party making such demand with a notice of hearing: Provided, That (assuming the Board has not entered an order denying a hearing as provided in Subsection 4.2 of this Section. Said notice shall contain:(a) The date, time and place of the hearing;(b) A statement of the matters asserted; and(c) A statement of intention to appoint a hearing examiner if one (1) is to be appointed pursuant to Section 7 herein; such notice shall be given not less than ten (10) days in advance of the date of the hearing.4.4. How hearings conducted. -- Hearings shall be conducted as follows:(a) Any party shall have the right to be represented by an attorney-at-law, duly qualified to practice in the State of West Virginia;(b) The Board may be represented by the Office of the Attorney General;(c) The rules of evidence as applied in civil cases in the circuit courts of this State shall be followed;(d) When necessary to ascertain facts not reasonably susceptible to proof under said rule of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs;(e) The Board shall be bound by the rules of privilege recognized by law;(f) Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference;(g) Initially the Board shall be given an opportunity to present evidence, including testimony, papers, records, agency staff memoranda and documents in the possession of the Board in support of its position;(h) Every party shall have the right of cross-examination of witnesses who testify, and following the conclusion of the Board's presentation, shall have the right to submit rebuttal evidence;(i) The Board shall have the right to cross-examine witnesses providing rebuttal testimony; and(j) Following the presentation of all the evidence, every party, including the Board, shall have the right to offer argument, not to exceed ten (10) minutes for each presentation.4.5. Continuation and adjournment. -- Hearings may be continued from one (1) day to another or adjourned to a later date or a different place by announcement thereof of the hearing or by appropriate notice to all parties. A written motion for a continuance shall be filed at least five (5) days prior to the hearing date.