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West Virginia Administrative Code
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Section 77-8-12 - Prehearing Procedures

W. Va. Code R. § 77-8-12

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-8-12 - Prehearing Procedures
12.1. Prehearing memoranda.
12.1.1. In general.

Before the commencement of the hearing, the administrative law judge may direct parties to file prehearing memoranda.

12.1.2. Contents of prehearing memoranda

The prehearing memoranda must state the name of the party or parties presenting the memorandum, and, unless otherwise directed by the administrative law judge, briefly set forth the following:

12.1.2.a. Issues involved in the proceeding.
12.1.2.b. Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible.
12.1.2.c. Facts in dispute.
12.1.2.d. Witnesses (together with a summary of the testimony expected) and exhibits to be presented at the hearing. (Copies of those exhibits not already provided to the other party shall be attached.)
12.1.2.e. A brief statement of applicable law.
12.1.2.f. Conclusions to be drawn.
12.1.2.g. Estimated time required for presentation of the party's case.
12.1.2.h. Such other information as may assist in the disposition of the proceeding.
12.2. Prehearing conference.
12.2.1. In general.

Before the commencement or during the course of the hearing, the administrative law judge may direct the parties to participate in a conference to expedite the hearing.

12.2.2. Matters considered

At the conference, the following matters may be considered:

12.2.2.a. Simplification and clarification of the issues.
12.2.2.b. Necessary amendments to the pleadings.
12.2.2.c. Stipulations of fact and of the authenticity, accuracy, and admissibility of documents.
12.2.2.d. Limitations on the number of witnesses.
12.2.2.e. Negotiation, compromise, or settlement of issues.
12.2.2.f. The exchange of proposed exhibits.
12.2.2.g. Matters of which official notice will be requested.
12.2.2.h. A schedule for the completion of actions discussed at the conference.
12.2.2.i. Such other information as may assist in the disposition of the proceeding.
12.2.3. Conduct of conference.

The conference may be conducted by telephone, correspondence or personal attendance. Conferences, however, shall generally be conducted by a conference call, unless the administrative law judge determines that this method is impracticable. The administrative law judge shall give reasonable notice of the time, place and manner of the conference.

12.2.4. Record of conference

Unless otherwise directed by the administrative law judge, the conference will not be stenographically recorded. The administrative law judge will reduce the actions taken at the conference to a written order or, if the conference takes place less than seven days before the beginning of the hearing, may make a statement on the record summarizing the actions taken at the conference.

12.3. Mediation.

The administrative law judge, upon the motion of a party or upon his or her own motion, may request the appointment of a mediator to attempt mediation of the charge. The mediator shall convene and preside over conferences and settlement negotiations between the parties and assess the practicalities of a potential settlement. The conduct of mediation or settlement negotiations shall not unduly delay the commencement of the hearing.

W. Va. Code R. § 77-8-12