West Virginia Code of State Rules
Agency 77 - Human Rights Commission
Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION
Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission
Section 77-2-5 - Notice of Hearing; Continuances
Current through Register Vol. XLI, No. 13, March 29, 2024
5.1. After a finding of probable cause to credit the allegations of the complaint, the Commission shall cause to be issued and served in the name of the Commission, a written notice of hearing, together with a copy of the verified complaint, as the same may have been amended. Service of said notice and complaint upon the respondent shall be in the manner provided by law for the service of summons in civil actions and shall be served at least thirty (30) days prior to the time set for the hearing. Service upon other parties shall be by personal delivery or certified mail, return receipt requested.
5.2. Notice of the hearing shall be issued no later than the 76th day after docketing if probable cause has been determined, but in any event, a notice of hearing shall be issued no later than the 150th day after docketing.
5.3. The notice of hearing shall state the time and place of the hearing, inform the respondent that she/he must file a written, verified answer to the complaint and that a failure to answer may be deemed an admission of the allegations of the complaint.
5.4. The respondent and complainant shall be advised in writing of the right to appear at such hearing in person and be represented by an attorney. If an attorney has previously appeared in this action on behalf of a party, a copy of the notice of hearing and complaint, as the same may have been amended, shall be furnished to said attorney.
5.5. The notice of hearing shall contain a statement that the public hearing will be conducted by an administrative law judge whose name will be designated or will be subsequently designated by the Commission's chairperson or executive director. The executive director shall have the authority to appoint qualified attorneys as administrative law judges pro tempore to hear any and all matters that may be heard by an administrative law judge.
5.6. The following rules shall govern the granting or denial of a continuance once a date and time for a public hearing has been set:
5.7. Copies of all pleadings and papers filed in connection with a public hearing shall be served on all parties, and/or their attorneys, and the administrative law judge by the party filing such pleadings or papers.