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 77-8-13 - Hearing Procedures
Current through Register Vol. XLI, No. 13, March 29, 2024
13.1. Date and place of hearing.
The hearing shall commence not later than one hundred twenty (120) days following the issuance of the charge unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, the aggrieved persons on whose behalf the charge was filed, and the attorney general of the reasons for the delay.
The hearing will be conducted at a place in the vicinity in which the discriminatory housing practice is alleged to have occurred or to be about to occur, unless otherwise agreed by the parties, the aggrieved person and the administrative law judge.
The time frame order issued by the administrative law judge shall specify the time, date and place for the hearing. The administrative law judge may change the time, date or place of the hearing, or may temporarily adjourn or continue a hearing for good cause shown. If such a change is made or the hearing is temporarily adjourned, the administrative law judge shall give the parties at least five (5) days' notice of the revised time, date and place for the hearing, unless otherwise agreed by the parties.
13.2. Conduct of hearing.
The hearing shall be conducted in accordance with the Administrative Procedure Act, W. Va. Code '29A-1-1.
13.3. Waiver of right to appear.
If all parties waive their right to appear before the administrative law judge or to present evidence and arguments, it is not necessary for the administrative law judge to conduct an oral hearing. Such waivers shall be made in writing and filed with the administrative law judge. Where waivers are submitted by all parties, the administrative law judge shall make a record of the relevant written evidence submitted by the parties and pleadings submitted by the parties with respect to the issues in the proceeding. These documents shall constitute the evidence in the proceeding and the decision shall be based upon this evidence. Such hearings shall be deemed to commence on the first day that written evidence may be submitted for the record.
13.4. Evidence.
The West Virginia Rules of Evidence apply to the presentation of evidence in hearings under this part.
13.5. In camera and protective orders.
The administrative law judge may limit discovery or the introduction of evidence, or may issue such protective or other orders necessary to protect privileged communications. If the administration law judge determines that information in documents containing privileged matters should be made available to a party, the administrative law judge may order the preparation of a summary or extract of the nonprivileged matter contained in the original.
13.6. Exhibits.
All exhibits offered into evidence shall be numbered sequentially and marked with a designation identifying the party offering the exhibit.
One copy of each exhibit offered into evidence must be furnished to each of the parties and to the administrative law judge. If the administrative law judge does not fix a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practicable time before the commencement of the hearing. Exhibits submitted as rebuttal evidence are not required to be exchanged before the commencement of the hearing if the submission of such evidence could not reasonably be anticipated at that time.
13.7. Authenticity.
The authenticity of all documents furnished to the parties as required under 13.6 and submitted as proposed exhibits in advance of the hearing shall be admitted unless a party files a written objection to the exhibit before the commencement of the hearing. Upon a clear showing of good cause for failure to file such a written objection, the administrative law judge may permit the party to challenge the authenticity.
13.8. Stipulations.
The parties may stipulate to any pertinent facts by oral agreement at the hearing or by written agreement at any time. Stipulations may be submitted into evidence at any time before the end of the hearing. When received into evidence, the stipulation is binding on the parties.
13.9. Record of hearing.
All oral hearings shall be recorded and transcribed by a reporter designated by, and under the supervision of, the administrative law judge. The original transcript shall be a part of the record and shall constitute the sole official transcript. All exhibits introduced as evidence shall be marked for identification and incorporated as a part of the record. Transcripts may be obtained by the parties and by the public from the official reporter at rates not to exceed the applicable rates fixed by the contract with the reporter.
Corrections to the official transcript will be permitted upon motion of a party. Motions for correction must be submitted within five days of the receipt of the transcript. Corrections of the official transcript will be permitted only where errors of substance are involved and upon the approval of the administrative law judge.
13.10. Arguments, post-hearing memoranda, and proposed findings of fact and conclusions of law.
Following the submission of evidence at an oral hearing, the administrative law judge may hear oral arguments at the hearing. The administrative law judge may limit the time permitted for such arguments to avoid unreasonable delay.
The administrative law judge may permit the submission of written memoranda and proposed findings of fact and conclusions of law following the adjournment of the oral hearing. Written post-hearing submissions shall be simultaneously filed by all parties and shall be due not later than thirty (30) days following the adjournment of the oral hearing.
13.11. End of hearing.
Where there is an oral hearing, the hearing ends on the day of the adjournment of the oral hearing or, where written briefs are permitted, on the date that the written briefs are due.
Where the parties have waived an oral hearing, the hearing ends on the date set by the administrative law judge as the final date for the receipt of submissions by the parties.
13.12. Receipt of evidence following hearing.
Following the end of the hearing, no additional evidence may be accepted into the record, except with the permission of the administrative law judge. The administrative law judge may receive additional evidence upon a determination that new and material evidence was not readily available before the end of the hearing, the evidence has been timely submitted, and its acceptance will not unduly prejudice the rights of the parties. However. The administrative law judge shall include in the record any motions for attorney's fees (including supporting documentation), and any approved corrections to the transcripts.
