West Virginia Code of State Rules
Agency 77 - Human Rights Commission
Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION
Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act
Section 77-8-1 - General
Current through Register Vol. XLI, No. 13, March 29, 2024
1.1. Scope. -- These regulations contain the procedures established by the West Virginia Human Rights Commission, pursuant to W. Va. Code '5-11A-11, for investigation and conciliation of complaints alleging discriminatory housing practices because of race, color, religion, sex or national origin, handicap or familial status; and for administrative proceedings before an administrative law judge adjudicating charges issued under W. Va. Code '5-11A-11.
1.2. Authority. -- These regulations are issued under authority of W. Va. Code ''5-11-8(h), 5-11A-8, 5-11A-9, 5-11A-13, 5-11A-20, and 29A-3-1 et seq.
1.3. Filing Date. -- August 27, 1992.
1.4. Effective Date. -- September 28, 1992.
1.5. Liberal Construction. -- These regulations shall be liberally construed to permit the commission to discharge its statutory functions and to secure just and expeditious determination of all matters before the West Virginia Human Rights Commission.
1.6. Fair and Expeditious Proceedings. -- Hearings under these rules shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and complete record. In processing complaints and conducting hearings, the commission will reasonably accommodate persons with disabilities.
1.7. Deviation from Regulations. -- In special cases, where good cause appears and not contrary to statute, the commission or its hearing examiner may permit deviation from these regulations insofar as it may find compliance therewith to be impractical or unnecessary.
1.8. Practice Where Regulations do not Govern. -- In situations where these regulations do not apply, the commission or its hearing examiner shall exercise discretion in accordance with traditional notions of fairness and justice.
1.9. Severability. -- If any of these regulations are held invalid, it shall not be construed to invalidate any of the other provisions of these regulations not otherwise affected.
1.10. Availability of Regulations. -- The regulations of the commission shall be on file in the office of the Secretary of State.
1.11. Additional Copies. -- Additional copies of the regulations of commission shall be available to the general public at the offices of the Secretary of State.
1.12. Delegation of Powers and Duties. -- Except where contrary to law, the commission may delegate any of the powers and duties of the commission to the executive director, hearing examiner, or other employees or agents of the commission.
1.13. Effect of amendments to the Act -- In the event that the Human Rights Act, West Virginia Code, Chapter 5, Article 11, is amended by the Legislature, these rules and regulations will automatically be amended to conform to such amendments.
