Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-8-2 - Definitions; Time Computations; Service and Filing2.1. Definitions. As used in this part: 2.1.1. Aggrieved person includes any person who:2.1.1.a. Claims to have been injured by a discriminatory housing practice; or2.1.1.b. Believes that such person will be injured by a discriminatory housing practice that is about to occur.2.1.2. Attorney general means the deputy attorney for the civil rights division or his or her designate.2.1.3. Charge means the statement of facts issued under section 6.2 of these regulations upon which the commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.2.1.4. Commission, unless otherwise specified, means the executive director of the West Virginia Human Rights Commission or his or her designate.2.1.5. Commissioners means the duly appointed members of the West Virginia Human Rights Commission.2.1.6. Complainant means the person who files a complaint under this part.2.1.7. Conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent, and the commission.2.1.8. Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.2.1.9. Discriminatory housing practice means an act that is unlawful under the West Virginia Fair Housing Act, W. Va. Code '5-11A-1 et seq.2.1.10. Dwelling means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.2.1.11. Party means a person or agency named or admitted as a party to a proceeding. Party includes an aggrieved person who intervenes under section 8.1 of these regulations.2.1.12. Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies. trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries.2.1.13. Personal service means handing a copy of the document to the person to be served or leaving a copy of the document with a person of suitable age and discretion at the place of business, residence or usual place of abode of the person to be served.2.1.14. Receipt of notice means the day that personal service is completed by handing or delivering a copy of the document to an appropriate person or the date that a document is delivered by certified mail.2.1.15. Respondent means: 2.1.15.a. The person or other entity accused in a complaint of a discriminatory housing practice; and2.1.15.b. Any other person or entity identified in the course of investigation and notified as required under section 3.9 of these regulations.2.1.16. To rent includes to lease, to sublease, to let, and otherwise to grant for consideration the right to occupy premises not owned by the occupant.2.2. Time computations 2.2.1. In general. In computing time under this part, the time period begins the day following the act, event, or default and includes the last day of the period, unless the last day is a Saturday, Sunday, or legal holiday observed by the federal or state government, in which case the time period includes the next business day. When the prescribed time period is seven days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation.2.2.2. Modification of time periods. Except for time periods required by statute, the administrative law judge may enlarge or reduce any time period required under this part where necessary to avoid prejudicing the public interest or the rights of the parties.2.2.3. Entry of orders. In computing any time period involving the date of the issuance of an order or decision by an administrative law judge, the date of issuance is the date the order or decision is served.2.2.4. Computation of time for delivery by mail 2.2.4.a. Documents are not filed until received by the commission. However, when documents are filed by mail, three days shall be added to the prescribed time period.2.2.4.b. Service is effected at the time of mailing.2.2.4.c. When a party has the right or is required to take an action within a prescribed period after the service of a document upon the party, and the document is served by mail, three days shall be added to the prescribed period.2.3. Service and filing 2.3.1. Generally. Copies of all filed documents shall be served on all parties of record. All filed documents shall clearly designate the docket number, if any, and title of the proceeding. All documents to be filed shall be delivered or mailed to the West Virginia Human Rights Commission, 1321 Plaza East, Room 104/106, Charleston, West Virginia 25301.2.3.2. By parties. Parties shall file all documents with the commission, with a copy to all other parties of record. Service of documents upon any party may be made by personal service or by mailing a copy to the last known address. When a party is represented by an attorney, service shall be made upon the attorney. The person serving the document shall certify to the manner and date of service.2.3.3. By the administrative law judges. Administrative law judges shall serve all notices, orders, decisions and all other documents by mail to the last known address.