Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-8-9 - Pleadings and Motions9.1. In general. 9.1.1. Form.Every pleading, motion, brief or other document shall contain a caption setting forth the title of the proceeding, the docket number, and the designation of the type of document (e.g., charge, answer or motion to dismiss).
9.1.2. Signature.Every pleading, motion, brief or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and must include the signer's address and telephone number. The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information and belief there is good ground to support the document, and that it is not interposed for delay.
9.1.3. Timely filing.The administrative law judge may refuse to consider any motion or other pleading that is not filed in a timely fashion and in compliance with this part.
9.2. The charge. 9.2.1. Filing and service.Within three days after the issuance of a charge, the commission shall file the charge and serve copies (with the additional information required under section 9.2.2) on the respondent and the aggrieved person on whose behalf the complaint was filed.
9.2.2. Contents.The charge shall consist of a short and plain written statement of the facts upon which the commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur. The following notifications shall be served with the charge:
9.2.2.a. The notice shall state that a complainant (including the commission, if the commission filed the complaint), a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in the charge decided in a civil action under W. Va. Code '5-11A-13(o) of the Act in lieu of an administrative proceeding under these regulations. The notice shall state that the election must be made not later than twenty (20) days after the receipt of the service of the charge. Where the commission is the complainant, the executive director must make the election not later than twenty (20) days after the service of the charge. The notice shall state that the notification of the election must be served on the commission, the respondent, the aggrieved party on whose behalf the complaint was filed and the attorney general.9.2.2.b. The notice shall state that if no person timely elects under section 6.3 to have the claims asserted in the charge decided in a civil action under W. Va. Code '5-11A-13(o) of the Act, an administrative proceeding will be conducted. The notice shall state that if an administrative hearing is conducted: 9.2.2.b.1. The parties will have an opportunity for a hearing.9.2.2.b.2. The respondent will have an opportunity to file an answer to the charge within thirty (30) days of the date of service of the charge.9.2.2.b.3. The aggrieved person may participate as a party to the administrative proceeding by filing a timely request for intervention.9.2.3. The notice shall state that if at any time following the service of the charge on the respondent, the respondent intends to enter into a contract, sale, encumbrance, or lease with any person regarding the property that is the subject of the charge, the respondent must provide a copy of the charge to the person before the respondent and the person enter into the contract, sale, encumbrance or lease.9.3. Answer to charge.Within the thirty (30) days after the service of the charge, a respondent contesting material facts alleged in a charge or contending that the respondent is entitled to judgement as a matter of law shall file an answer to the charge. An answer shall include:
9.3.1. A statement that the respondent admits, denies, or does not have and is unable to obtain sufficient information to admit or deny, each allegation made in the charge. A statement of lack of information shall have the effect of a denial. Any allegation that is not denied shall be deemed to be admitted.9.3.2. A statement of each affirmative defense and a statement of facts supporting each affirmative defense.9.4. Time frame orders.Following the expiration of thirty (30) days after the service of a charge, the administrative law judge shall issue a time frame order, setting forth a schedule for discovery, motions, prehearing memoranda and an evidentiary hearing, which order shall be served upon the parties, the complainant and each aggrieved person.
9.5. Request for interventionUpon timely application, any aggrieved person may file a request for intervention to participate as a party to the proceeding. Requests for intervention submitted within 30 days after the filing of the charge shall be considered to be timely filed.
9.6. Amendments and supplemental pleadings9.6.1. Amendments 9.6.1.a. By right. The commission may amend its charge once as a matter of right prior to filing of the answer.9.6.1.b. By leave. Upon such conditions as are necessary to avoid prejudicing the public interest and the rights of the parties, the administrative law judge may allow amendments to pleadings upon motion of the party.9.6.1.c. Conformance to the evidence. When issues not raised by the pleadings are reasonably within the scope of the original charge and have been tried by the express or implied consent of the parties, the issues shall be treated in all respects as if they had been raised in the pleadings and amendments may be made as necessary to make the pleading conform to evidence.9.6.2. Supplemental pleadingsThe administrative law judge may, upon reasonable notice, permit supplemental pleadings concerning transactions, occurrences or events that have happened or been discovered since the date of the pleadings and which are relevant to any of the issues involved.
9.7. Motions. 9.7.1. Any application for an order or other request shall be made by a motion which, unless made during an appearance before the administrative law judge, shall be made in writing. All parties shall be given a reasonable opportunity to respond to written or oral motions or requests.9.7.2. Within five days after a written motion is served, any party to the proceeding may file an answer in support of, or in opposition to the motion.9.7.3. The administrative law judge may order oral argument on any motion.