W. Va. Code R. § 85-28-13

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

Section 85-28-13 - Conclusion of Hearing

13.1. At the conclusion of the hearing, the parties shall be permitted to file closing arguments, proposed findings of fact, conclusions of law, and such legal briefs or memoranda as they wish. The parties shall be permitted ten (10) calendar days to file such items which filings shall be concurrent.

13.2. The parties shall be permitted five (5) calendar days to respond to the filing of the other party, if desired. No further argument shall be permitted.

13.3. Thereafter, the hearing officer shall prepare a report and recommendation that shall contain proposed findings of fact and conclusions of law as suggested by the hearing officer for the Commission's approval.

13.4. The parties to the hearing shall then be permitted ten (10) days to file objections or comments upon the report and recommendations and five (5) more days to respond to each other's objections and comments.

13.5. Thereafter, the Commission shall decide whether to accept the report and recommendation, to reject it, to modify it, or to remand the matter back to the hearing officer for further proceedings or upon other instructions.

13.6. The Commission retains the right to review any and all proposed findings of fact against the record and to disagree therewith provided that the Commission states the basis for the disagreement in the final order.

13.7. The Commission shall render either a final order or an interlocutory order as the decision may require in which the Commission accepts in whole or in part the proposed findings of fact and conclusions of law submitted by the hearing officer and, to the extent that the Commission rejects or modifies the report or recommendation of the hearing officer, the Commission shall furnish his or her own findings of fact and conclusions of law.

13.8. A copy of the final order or decision of the Commission shall be served upon each party and the parties' attorneys of record, if any, either in person or by certified mail.

13.9. All appeals from the final order or decision of the Commission shall be taken pursuant to W. Va. Code § 29A-5-4, in the circuit court of Kanawha County.

13.10. Upon appeal from the Commission's final decision, hearing officer shall transmit the entire record to the circuit court of Kanawha County, by either paper copy or any other electronic media that can be accommodated by the court in which relief is sought.

W. Va. Code R. § 85-28-13