W. Va. Code R. § 77-8-14
If the complainant, the respondent, or the aggrieved person on whose behalf a complaint was filed makes a timely election to have the claims asserted in the charge decided in a civil action under W. Va. Code '5-11A-13(o), the administrative law judge shall dismiss the administrative proceeding.
An administrative law judge may not continue an administrative proceeding under this part regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under-state or federal law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under W. Va. Code '5-11A-13(j), or proceedings for such relief under W. Va. Code '5-11A-14 does not affect administrative proceedings under these regulations.
Within the time period set forth in section 14.2.4, the administrative law judge shall issue an initial decision including findings of fact and conclusions of law upon each material issue of fact or law presented on the record. The initial decision of the administrative law judge shall be based on the record of the proceeding.
If the administrative law judge finds that a respondent has engaged, or is about to engage, in a discriminatory housing practice, the administrative law judge shall issue an initial decision against the respondent and order such relief as may be appropriate. The relief may include, but is not limited to, the following:
If the administrative law judge finds that a respondent has not engaged, and is not about to engage, in a discriminatory housing practice, the administrative law judge shall make an initial decision dismissing the charge.
The administrative law judge shall issue an initial decision within sixty (60) days after the end of the hearing, unless it is impracticable to do so. If the administrative law judge is unable to issue the initial decision within this time period (or within any succeeding sixty-day (60) period following the initial sixty day (60) period), the administrative law judge shall notify in writing all parties, the aggrieved person on whose behalf the charge was filed, and the deputy attorney general of the civil rights division, of the reasons for the delay. In no event shall the initial decision be issued more than twenty-five (25) or less than ten (10) days before the next regularly scheduled meeting of the commissioners.
Simultaneously with the issuance of the initial decision, the administrative law judge shall serve the initial decision on all parties, the aggrieved person on whose behalf the charge was filed, the attorney general, the executive director of the West Virginia Human Rights Commission, and upon each duly appointed commissioner of the West Virginia Human Rights Commission. The initial decision will include a notice stating that the initial decision will become the final decision of the commission unless the commission issues a final decision under 14.6. within thirty (30) days of the date of issuance of the initial decision.
At any time before the issuance of a final decision under 14.6., the parties may submit an agreement resolving the charge. The agreement must be signed by the deputy attorney general for civil rights or his/her designee, the respondent, and the aggrieved person upon whose behalf the charge was issued. The administrative law judge shall accept the agreement by issuing an initial decision based on the agreed findings. The submission of an agreement resolving the charge constitutes a waiver of any right to challenge or contest the validity of a decision entered in accordance with the agreement.
The commissioners of the West Virginia Human Rights Commission may review any finding of fact, conclusion of law, or order contained in the initial decision of the administrative law judge and issue a final decision in the proceeding. The commissioners may affirm, modify or set aside, in whole or in part, the initial decision or remand the initial decision for further proceedings. The commission shall serve the final decision on all parties no later than thirty (30) days from the date of issuance of the initial decision of the administrative law judge. The final decision shall be served on all parties, the aggrieved person on whose behalf the charge was filed and the attorney general.
If the commission does not serve a final decision within the time period described above, the initial decision of the administrative law judge will become the final decision of the commission. For the purposes of this part, such a final decision will be considered to have been issued thirty (30) days following the date of issuance of the initial decision.
The commission shall make public disclosure of each final decision.
If the commission remands the decision for further proceedings, the administrative law judge shall issue an initial decision on remand within sixty (60) days of the date of issuance of the commission's decision, unless it is impractical to do so. If the administrative law judge is unable to issue the initial decision within this time period (or within any succeeding sixty-day (60) period following the initial sixty-day (60) period), the administrative law judge shall notify in writing the parties, the aggrieved person on whose behalf the charge was filed, and the executive director, of the reasons for the delay.
If a final decision includes a finding that a respondent has engaged or is about to engage in a discriminatory housing practice and another final decision including such a finding was issued under this part within the five (5) years preceding the date of issuance of the final decision, the executive director will notify the attorney general of the decisions by sending a copy of the final decisions in each administrative proceeding.
Following the issuance of the final decision under 14.6. finding that one or more respondents has engaged in an unlawful practice under the West Virginia Fair Housing Act, a prevailing complainant, aggrieved party or intervenor may apply for attorney's fees and costs. The administrative law judge will issue an initial decision awarding or denying such fees and costs. The initial decision will become the final decision of the commission unless the commission reviews the initial decision and issues a final decision on fees and costs within thirty (30) days. The recovery of reasonable attorney's fees and costs will be permitted as follows:
W. Va. Code R. § 77-8-14