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West Virginia Administrative Code
Agency 77 - Human Rights CommissionTitle 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION
Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act
Section 77-8-7 - Administrative Law Judge

W. Va. Code R. § 77-8-7

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-8-7 - Administrative Law Judge
7.1. Designation

Proceedings under this part shall be presided over by an administrative law judge who shall be appointed by the executive director of the West Virginia Human Rights Commission. An administrative law judge under these regulations may be the same person designated to serve as a Human Rights Commission hearing examiner under the West Virginia Human Rights Act and its implementing regulations.

7.2. Authority

The administrative law judge shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power:

7.2.1. To conduct hearings in accordance with these rules.
7.2.2. To administer oaths and affirmations and examine witnesses.
7.2.3. To issue subpoenas.
7.2.4. To rule on offers of proof and receive evidence.
7.2.5. To take depositions or have depositions taken when the ends of justice would be served.
7.2.6. To regulate the course of the hearing and the conduct of parties and their counsel.
7.2.7. To hold conferences for the settlement or simplification of the issues by consent of the parties.
7.2.8. To dispose of motions, procedural requests, and similar, matters.
7.2.9. To make decisions as provided herein.
7.2.10. To exercise such powers vested in the commission as are necessary and appropriate for the purpose of the hearing and conduct of the proceeding.
7.3. Disqualification.
7.3.1. Disqualification.

If an administrative law judge finds that there is a basis for his or her disqualification in a proceeding, the administrative law judge shall withdraw from the proceeding. Withdrawal is accomplished by entering a notice in the record and by providing a copy of the notice to the executive director of the commission.

7.3.2. Motion for recusal.

If a party believes that the presiding administrative law judge should be disqualified in a proceeding for any reason, the party may file a motion to recuse with the administrative law judge. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The administrative law judge shall rule on the motion. If the administrative law judge denies the motion, the administrative law judge shall incorporate a written statement of the reasons for the denial in the record.

7.3.3. Redesignation of administrative law judge.

If an administrative law judge is disqualified, the executive director shall designate another administrative law judge to preside over further proceedings.

W. Va. Code R. § 77-8-7