West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-7 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The West
						Virginia Rules of Evidence shall apply during the hearing.
7.2. The hearing proceedings shall be
						electronically recorded. The Commission may employ the services of a court
						reporter to record and transcribe the proceedings by any means permitted in the
						circuit courts of this state.
7.3.
						The cost of preparing a transcript of the hearing shall be borne by the party
						requesting it. This subdivision does not, however, bar the Commission from
						ordering the Respondent to pay the cost in accordance with W. Va. Code §
									6B-2-4(s)._
7.4. Any party to a
						hearing has the right to be represented by an attorney duly qualified to
						practice in the State of West Virginia. A Respondent may not be represented at
						a hearing by a spokesperson, lay representative or anyone else not authorized
						to practice law in the State of West Virginia.
7.5. The Respondent may appear without
						counsel and represent himself or herself at the hearing. At the beginning of
						the hearing, the Hearing Examiner shall ensure that the Respondent does not
						desire to obtain counsel and is thoroughly advised of the sanctions which may
						be imposed in the event the Commission finds that the Respondent committed a
						material violation of W. Va. Code §§
									6B-1-1 through
						6B-3-11.
7.6. All persons at the
						hearing shall conduct themselves in a respectful manner. Demonstrations of any
						kind at hearings shall not be permitted. The Hearing Examiner may, in his or
						her discretion, recess or continue any hearing at which any person conducts
						themselves in any manner which interferes with or prevents the proper conduct
						of the hearing.
7.7. All testimony
						to be considered by the Hearing Examiner at the hearing shall be by sworn or
						affirmed testimony.
7.8. The
						purpose of the hearing is to further inquire into the matters set forth in the
						Statement of Charges and to record evidence and arguments in support of and in
						opposition to the charges so that the Commission may determine all
						issues.
7.9. Members of the
						Commission and its officers, agents and employees are competent to testify at
						the hearing as to material and relevant matters but no member of the Commission
						who testifies at the hearing may thereafter participate in the deliberations or
						decisions of the Commission with respect to the case in which he or she
						testified.
7.10. Each party may
						make a brief opening statement setting forth the evidence he or she intends to
						prove.
7.11. The Complainant or the
						Commission's counsel shall first present competent and relevant evidence,
						including testimony and/or documents, in support of the Statement of
						Charges.
7.12. The Respondent or
						his or her counsel may present competent and relevant evidence following the
						conclusion of the Complainant's presentation of evidence.
7.13. Each party has the right to
						cross-examine any witness who testifies.
7.14. Following the presentation of the
						Respondent's evidence, the Complainant has the right to submit rebuttal
						evidence.
7.15. Following the
						presentation of all evidence, both parties have the right to make a closing
						argument, not to exceed ten minutes. The Hearing Examiner may extend the time
						period upon a showing of good cause.
7.16. All exhibits offered into evidence
						shall be labeled and marked.
7.17.
						All exhibits offered into evidence, or copies thereof, shall be appended to the
						record of proceedings, and if any exhibit is not susceptible to attachment or
						copying the Hearing Examiner may authorize the substitution of either a
						photograph, facsimile, or description of the exhibit.
7.18. The Hearing Examiner may order that
						witnesses be sequestered.
7.19. The
						Respondent is entitled to be present and to present evidence at the hearing;
						however, the Respondent shall be considered to have waived the right to be
						present if:
7.19.1. after being notified of
						the date, time and place of hearing he or she does not appear and fails to show
						good cause for his or her absence, or
7.19.2. after being advised by the Hearing
						Examiner that disruptive conduct will cause removal from the hearing, he or she
						persists in conduct which justifies his or her exclusion from the
						hearing.