Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-27-3 - How Hearings are to be Conducted3.1. Any party shall have the right to be represented by an attorney-at-law, duly qualified to practice in the State of West Virginia, or to represent himself or herself; Provided, that corporations shall be represented by an attorney-at-law, not a corporate officer or any other person.3.2. The Division of Labor will present its case regarding whether a violation of any provisions of W. Va. Code § 47-1-1, et seq., or any rule promulgated thereunder, occurred and whether civil penalties are due under the specified weights and measures laws. Any party alleged to have committed a violation and owe such penalties shall thereafter be afforded the opportunity to present its case in defense. The Division of Labor will then be allowed to present its rebuttal.3.3. Every party shall have the right of cross-examination of witnesses who testify.3.4. Following the presentation of all the evidence, any party shall have the right to offer argument, not to exceed a reasonable time limit as determined by the Commissioner or the hearing examiner.