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 77-2-9 - Final Decision of the Administrative Law Judge
Current through Register Vol. XLI, No. 13, March 29, 2024
9.1. Within one year of the filing of the complaint, the administrative law judge shall issue a final decision on the merits which shall contain all findings of fact and conclusions of law necessary to support the decision, and, in the administrative law judge's discretion, an opinion containing the reasons for the decision.
9.2. If upon all the testimony, evidence and record of the hearing the administrative law judge shall find that the respondent has engaged in or is engaging in any unlawful discriminatory practice as defined by the Act, the administrative law judge shall issue an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action as will effectuate the purpose of the Act, and to report from time to time on the manner and extent of compliance with the final decision and which shall include an award reimbursing complainant for out-of-pocket losses.
9.3. In addition to the remedies outlined in Rule 9.2. above, the administrative law judge may:
9.4. Reserved
9.5. Copies of the administrative law judge's final decision shall be served by certified mail, return receipt requested, on the complainant, the respondent, all intervenors, and counsel of record, and by personal delivery or first class mail on the Commission's attorney and all other persons, offices or agencies deemed appropriate by the administrative law judge or the Commission.
9.6. All final decisions rendered by an administrative law judge shall be filed at the central office of the Commission and shall be open to public inspection during regular office hours of the Commission.