Current through Register Vol. XLI, No. 50, December 13, 2024
1.1. Scope. -- The following procedural regulations set forth the practice and procedure established by the West Virginia Human Rights Commission, hereinafter "Commission" for carrying out its responsibilities in the administration and enforcement of the West Virginia Human Rights Act, W. Va. Code § 5-11-1 et seq., as amended. 1.1.1. Policy. -- All persons appearing before the West Virginia Human Rights Commission shall have their rights, privileges, or duties determined with due regard for fundamental fairness. Any person may be represented by private legal counsel at any stage of proceedings before the Commission, except as more fully set forth in these rules. In any contested case before the Commission, all parties thereto shall be provided with an adequate notice of hearing; a fair hearing; and an objective decision supported by substantial evidence.1.2. Authority. -- W. Va. Code, § 5-11-Sh; §29A-3 et seq.1.3. Filing date. -- April 7, 20141.4. Effective date. -- May 7,20141.5. Procedure governed. -- These regulations shall govern all practice and procedure before the West Virginia Human Rights Commission unless otherwise directed by the Commission.1.6. Liberal construction. -- These regulations shall be liberally construed to permit the Commission to discharge its statutory functions and to secure just and expeditious determination of all matters before the West Virginia Human Rights Commission.1.7. Deviation from regulations. -- In special cases, where good cause appears and not contrary to statute, the Commission or its administrative law judge may permit deviation from these regulations insofar as it may find compliance therewith to be impractical or unnecessary.1.8. Practice where regulations do not govern. -- In situations where these regulations do not apply, the Commission or its administrative law judge shall exercise discretion in accordance with traditional notions of fairness and justice.1.9. Severability. -- If any of these regulations are held invalid, it shall not be construed to invalidate any of the other provisions of these regulations not otherwise affected. 1.10. Availability of regulations. -- The regulations of the Commission shall be on file in the office of the Secretary of State.1.11. Additional copies. -- Additional copies of the regulations of the Commission shall be available to the general public at the offices of the Secretary of State.1.12. Delegation of powers and duties. -- Except where contrary to law, the Commission may delegate any of the powers and duties of the Commission to the executive director, administrative law judge, or other employees or agents of the Commission.1.13. Effect of amendments to the Act. -- In the event that the West Virginia Human Rights Act, W. Va. Code § 5-11 et seq. is amended by the Legislature, these rules and regulations will automatically be amended to conform to such amendments.