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 77-2-6 - Answer

Universal Citation: 77 WV Code of State Rules 77-2-6

Current through Register Vol. XLI, No. 13, March 29, 2024

6.1. The respondent against whom a verified complaint, as the same may have been amended, is filed and upon whom a notice of hearing and a copy of such complaint has been served, shall file a written, verified answer within ten (10) days from the service of such complaint and notice of hearing. Upon application in writing made to the administrative law judge prior to the end of said ten-day period, the administrative law judge may, for good cause shown, extend the time in which the answer shall be filed. This answer is in addition to the reply required to be filed by Rule 4.2.

6.2. The filing shall be made by personal delivery or by certified mail, return receipt requested, to the administrative law judge, and by personal delivery or first class mail to all parties.

6.3. The answer shall be in the following form:

6.3.a. The answer shall be in writing, the original being signed and verified by the respondent or respondent's attorney. The answer shall contain the post office address of the respondent and, if represented by an attorney, the name, mailing address, and telephone number of said attorney,

6.3.b. The answer shall contain a general or specific denial of each and every allegation of the complaint controverted by the respondent or a denial of any knowledge or information thereof sufficient to form a belief as to the truth or falsity, and a statement of any matter constituting a defense;

6.3.c. Any allegation in the complaint which is not denied or admitted in the answer, unless the respondent shall state in the answer that it is without knowledge or information sufficient to form a belief, may be, in the discretion of the administrative law judge, deemed admitted; and

6.3.d. Any allegation of new matter contained in the answer shall be deemed denied by the complainant without the necessity of a reply being filed, unless otherwise ordered by the administrative law judge.

6.4. The answer or any part thereof may be amended at the discretion of the administrative law judge on motion duly made.

6.5. In any case where a complaint has been amended, the respondent shall have the opportunity to amend its answer within such period as may be fixed by the administrative law judge.

6.6. The administrative law judge may proceed to hold a hearing and may make findings of fact and enter an appropriate order upon the testimony taken at the hearing, notwithstanding any failure of the respondent to appear or to file an answer within the time provided herein.

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