Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-2-9 - Final Decision of the Administrative Law Judge9.1. Within one year of the filing of the complaint, the administrative law judge shall issue a final decision on the merits which shall contain all findings of fact and conclusions of law necessary to support the decision, and, in the administrative law judge's discretion, an opinion containing the reasons for the decision.9.2. If upon all the testimony, evidence and record of the hearing the administrative law judge shall find that the respondent has engaged in or is engaging in any unlawful discriminatory practice as defined by the Act, the administrative law judge shall issue an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action as will effectuate the purpose of the Act, and to report from time to time on the manner and extent of compliance with the final decision and which shall include an award reimbursing complainant for out-of-pocket losses.9.3. In addition to the remedies outlined in Rule 9.2. above, the administrative law judge may: 9.3.a. Assess against a respondent an award of backpay to the victim or victims of discrimination pursuant to W. Va. Code § 5-11-10. For cases involving discriminatory acts which occurred after the effective date of the West Virginia_Human Rights Act, July 1, 1967, the period for which backpay may be awarded shall commence with the date of the discriminatory act and end when such backpay is actually tendered by the respondent. For cases involving discriminatory acts which occurred before the effective date of the West Virginia Human Rights Act, the effects of such discriminatory acts continuing to a time after the effective date of the West Virginia Human Rights Act, the period for which backpay may be awarded may commence with the effective date of the West Virginia Human Rights Act, July 1, 1967, and end when such backpay is actually tendered by the respondent. Interest may also be included in such award of backpay as the administrative law judge may determine;9.3.b. Award to complainant incidental damages up to $2,950.00, or such amount as may be adjusted from time to time by the Commission in accord with the standard established in Bishop Coal Co. v. Salyers, 380 S.E.2d 238 (W.Va. 1989);9.3.c. Award such other equitable relief as will make the complainant whole, including, but not limited to, an award of attorney's fees and costs; and9.3.d. If upon all the testimony, evidence and record of the hearing the administrative law judge shall find that the respondent has not engaged in any unlawful discriminatory practice as defined in the Act, the administrative law judge shall issue a decision dismissing the complaint as to such respondent.9.5. Copies of the administrative law judge's final decision shall be served by certified mail, return receipt requested, on the complainant, the respondent, all intervenors, and counsel of record, and by personal delivery or first class mail on the Commission's attorney and all other persons, offices or agencies deemed appropriate by the administrative law judge or the Commission.9.6. All final decisions rendered by an administrative law judge shall be filed at the central office of the Commission and shall be open to public inspection during regular office hours of the Commission.