Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-4-5 - Orders of the Board; Submission of Motions5.1. Execution and Entry of Orders. All orders properly acted upon shall be executed by the presiding member of the board, the board's legal counsel or the board's duly authorized hearing examiner. All orders properly acted upon and so executed shall be entered into the official record by the clerk of the boards.5.2. Authority to Rule on Motions. The board may, in its administrative discretion, and in the interests of fairness and justice, rule on motions which tend to regulate the course of hearing, simplify the issues, and dispose of procedural requests or similar matters. The board may appoint its legal counsel or hearing examiner to dispose of stay requests, procedural motions, discovery motions, and any other request which tends to regulate the course of the hearing.5.3. Content. Any application to the board, following the notice of appeal, shall be by motion. Such motions may include, but are not limited to, requests for continuance, requests for stay, questions regarding jurisdiction, sufficiency of service of process, failure to state a claim upon which relief can be granted, request for a more definite statement, summary judgement, change of hearing location, dismissal of action or of particular issues in the appeal, and amendment of a notice of appeal.5.4. Form. Unless made during the hearing, all motions shall be in writing, stating with particularity the grounds thereof and stating the relief or order sought. The motion may be accompanied by a memorandum or other supporting documents. The proponent shall serve the motion on the board and on all other parties to the appeal as required by these rules of procedure. Unless the board determines otherwise, a party shall have ten (10) days from receipt of the motion to respond to the same.5.5. Stay Requests. The filing of the notice of appeal does not stay or suspend the effectiveness of the action appealed from, except as provided for by section five, article five, chapter twenty-two of the Code of West Virginia. The appellant may request a stay of the action appealed from by written motion contemporaneous with the filing of the notice of appeal. The motion for stay shall include a copy of the action appealed from and any other documents supporting the request. The motion for stay shall be served on the board and all parties in accordance with these rules.5.6. Discovery. Parties may obtain discovery in accordance with the provisions of W. Va. Code § 22B-1-8. Parties have twenty (20) days from receipt of the request to respond. A shorter or longer time may be agreed to in writing by the parties and filed with the Board.5.7. Informal Hearing on Motion. The board may, in its administrative discretion, and in the interests of fairness and justice, utilize informal hearings to dispose of stay requests, procedural motions, motions which tend to regulate the course of hearing, or simplify the issues, or similar matters. If an informal hearing on a motion is held, it may be conducted by the board's duly authorized legal counsel or hearing examiner, and may be conducted by telephone.