West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-38 - Rules for the Government of Pole Attachments
Section 150-38-28 - Separate filings against multiple defendants - Service
Current through Register Vol. XLI, No. 13, March 29, 2024
28.1. Complaints may not be brought against multiple defendants unless they are commonly owned or controlled, are alleged to have acted in concert, are alleged to be jointly liable to complainant, or the complaint concerns common questions of law or fact. Complaints may, however, be consolidated by the Commission for disposition.
28.2. The complainant shall serve the complaint by electronic, overnight, or hand delivery on either the named defendant or one of the named defendant's registered agents for service of process on the same date that the complaint is filed with the Commission.
28.3. Upon receipt of the complaint by the Commission, the Commission shall promptly send, by email if available or overnight delivery, to each defendant named in the complaint, notice of the filing of the complaint. The Commission shall issue an order setting a procedural schedule.
28.4. All pleadings and briefs filed in any formal complaint proceeding, as well as all letters, documents, or other written submissions, shall be served by the filing party on the attorney of record for each party to the proceeding, or, where a party is not represented by an attorney, each party to the proceeding either by hand delivery, overnight delivery, or email, together with a certificate of service. Service is deemed effective as follows: