Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-2-13 - Declaratory Rulings and Guidelines13.1. Petitions for declaratory rulings filed with the Commission pursuant to W. Va. Code § 29A-4-l shall contain the following:13.1.a. A statement of the question on which the declaratory ruling is sought;13.1.b. A full statement of the facts giving rise to the question;13.1.c. A statement of the basis for the petitioner's interest in the question; and13.1.d. Any legal argument which petitioner wishes to submit.13.2. In order to determine the full facts giving rise to the question the Commission may require the petitioner to submit additional information, and it may make an independent investigation.13.3. When the Commission is satisfied that it understands the question on which the declaratory ruling has been sought, it shall:13.3.a. Issue a nonbinding declaratory ruling; or13.3.b. Notify the petitioner that no declaratory ruling will be issued; or13.3.c. Set a time and place for hearing argument on the question, notify the petitioner and other interested parties of the same, and issue either a binding or nonbinding declaratory ruling after the hearing, or decide that no declaratory ruling will be issued.13.4. In order to educate the public and insure compliance with the West Virginia Human Rights Act, the Commission may from time to time promulgate guidelines for various areas of employment, housing, and public accommodations as are covered by the West Virginia Human Rights Act. Such guidelines shall be administered by the Commission staff and shall become a part of these rules and regulations by reference when adopted by the Commission. All guidelines in existence at the time of the adoptions of these rules and regulations shall also be incorporated by reference.