Current through Register Vol. XLI, No. 50, December 13, 2024
Section 214-2-4 - Hearing Procedure4.1. Any person who desires a hearing must present a written demand for such to the Board within 30 days of issuance of a citation.4.2. When the Board or its authorized designee is presented with such a demand for a hearing, it shall schedule a hearing within forty-five (45) days of receipt by it of such written demand unless postponed to a later date by mutual agreement.4.3. Civil penalties may be instituted against any person by the Board when probable cause exists for believing that the individual may have engaged in conduct, practices or acts that are in violation of the provisions of W.Va. Code §24C-1-1 et seq. or the Board's rules. Civil penalties may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board or its authorized designee in the process of investigating such complaint. Civil penalties may also be based upon information received solely through investigative activities undertaken by the Board.4.4. A Notice of Hearing shall be served upon the demanding party at least thirty (30) days prior to the date of hearing.4.5. Hearings shall be conducted as follows:4.5.1. Any party to a hearing shall have the right to be represented by an attorney, duly qualified to practice law in the state of West Virginia, or to represent his or herself.4.5.2. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing.4.5.3. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Board and, when appropriate, may cross-examine witnesses called by the Board in support of the citation.4.5.4. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the demanding party and/or his or her attorney in person; or if he or she cannot be found or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may be served by registered or certified mail.4.5.5. The hearing shall be open to the general public, unless requested to be closed to the public by the demanding party.4.5.6. The hearing shall be conducted by a quorum of the Board.4.5.7. A record of the hearing, including the citation(s), if applicable, the notice of hearing, all documentary evidence, and testimony in support thereof shall be made and a transcript thereof maintained in the Board's files. Upon request, a copy of the transcript shall be furnished to any party by the transcriptionist at his or her own expense.4.5.8. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.4.5.9. Where a hearing is held upon demand of any person to whom a citation is issued, the demanding party shall have the burden of proof.4.5.10. Motions for a continuance of a hearing may be granted upon a showing of good cause.