W. Va. Code R. § 77-8-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 77-8-8 - Parties

8.1. In general.

8.1.1. Parties to the proceeding include:

8.1.1.a. The commission. The commission files the charge seeking appropriate relief for an aggrieved party and vindication of the public interest.

8.1.1.b. Respondent. A respondent is a person named in the charge against whom relief is sought.

8.1.1.c. Intervenors. Any aggrieved person may file a request for intervention. Intervention shall be permitted if the request is timely, and:

8.1.1.c.1. The intervenor is the aggrieved person on whose behalf the charge is issued.

8.1.1.c.2. The intervenor is an aggrieved person who claims an interest in the property or transaction that is the subject of the charge and the disposition of the charge may as a practical matter impair or impede the aggrieved person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties.

8.1.2. Rights of parties.

Each party may appear in person, be represented by counsel, examine or cross-examine witnesses, introduce documentary or other relevant evidence into the record, and request the issuance of subpoenas.

8.1.3. Amicus curiae.

Briefs of amicus curiae may be permitted at the discretion of the administrative law judge. Such participants are not parties to the proceeding.

8.2. Representation.

8.2.1. Representation of the commission.

The commission shall be represented by the attorney general or his/her designee.

8.2.2. Representation of other parties.

Other parties may be represented as follows:

8.2.2.a. Individuals may appear on their own behalf.

8.2.2.b. A member of a partnership may represent the partnership.

8.2.2.c. An officer of a corporation, trust or association may represent the corporation, trust or association.

8.2.2.d. An officer or employee of any governmental unit, agency or authority may represent that unit, agency or authority.

8.2.2.e. An attorney authorized to practice law in the State of West Virginia. The attorney's representation that he or she is authorized to practice law in West Virginia courts is sufficient evidence of the attorney's qualifications under this section, unless otherwise ordered by the administrative law judge.

8.2.3. Notice of appearance.

Each attorney or other representative of a party shall file a notice of appearance. The notice must indicate the party of whose behalf the appearance is made and the address at which such attorney or representative can be served. Any individual acting in a representative capacity may be required by the administrative law judge to demonstrate authority to act in that capacity.

8.2.4. Withdrawal.

An attorney or other representative of a party must file a written notice of intent before withdrawing from participation in the proceeding.

8.3. Standards of conduct.

8.3.1. In general.

All persons appearing in proceedings under this part shall act with integrity and an ethical manner.

8.3.2. Exclusion.

The administrative law judge may exclude parties or their representatives for refusal to comply with directions, continued use of dilatory tactics, refusal to adhere to reasonable standards of orderly and ethical conduct, failure to act in good faith, or violations of the prohibitions against exparte communications. If an attorney is suspended or barred from participation in a proceeding by an administrative law judge, the administrative law judge shall include in the record the reasons for the action. An attorney that is suspended or barred from participation may appeal to the executive director of the commission. The proceeding will not be delayed or suspended pending disposition on such appeal, except that the administrative law judge shall suspend the proceeding for a reasonable time to enable the party to obtain another attorney.

W. Va. Code R. § 77-8-8