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 77-2-5 - Notice of Hearing; Continuances

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. After a finding of probable cause to credit the allegations of the complaint, the Commission shall cause to be issued and served in the name of the Commission, a written notice of hearing, together with a copy of the verified complaint, as the same may have been amended. Service of said notice and complaint upon the respondent shall be in the manner provided by law for the service of summons in civil actions and shall be served at least thirty (30) days prior to the time set for the hearing. Service upon other parties shall be by personal delivery or certified mail, return receipt requested.
5.2. Notice of the hearing shall be issued no later than the 76th day after docketing if probable cause has been determined, but in any event, a notice of hearing shall be issued no later than the 150th day after docketing.
5.3. The notice of hearing shall state the time and place of the hearing, inform the respondent that she/he must file a written, verified answer to the complaint and that a failure to answer may be deemed an admission of the allegations of the complaint.
5.4. The respondent and complainant shall be advised in writing of the right to appear at such hearing in person and be represented by an attorney. If an attorney has previously appeared in this action on behalf of a party, a copy of the notice of hearing and complaint, as the same may have been amended, shall be furnished to said attorney.
5.5. The notice of hearing shall contain a statement that the public hearing will be conducted by an administrative law judge whose name will be designated or will be subsequently designated by the Commission's chairperson or executive director. The executive director shall have the authority to appoint qualified attorneys as administrative law judges pro tempore to hear any and all matters that may be heard by an administrative law judge.
5.6. The following rules shall govern the granting or denial of a continuance once a date and time for a public hearing has been set:
5.6.a. The grant or denial of continuances lies within the sound discretion of the administrative law judge, balancing the inconvenience and unfairness to others and the public interest of the State of West Virginia against the asserted hardship to the requesting party should the continuance be denied;
5.6.b. For good cause shown, the administrative law judge may grant a continuance on the application of any party. If a continuance is granted, costs incurred on account of the continuance may be assessed against the party moving for the continuance at the discretion of the administrative law judge;
5.6.c. Motions for continuances shall be filed without delay with the administrative law judge after the grounds therefor become known to the party;
5.6.d. All such motions for continuance shall be in writing and must be supported by a showing of good cause why the request should be granted;
5.6.e. It is the responsibility of the party requesting a continuance to duly serve on all other parties the motion for continuance. Objections raised to the filing of such motion shall be submitted in writing to the administrative law judge within five (5) days of receipt of said motion for continuance;
5.6.f. Oral motions for continuance will only be allowed when the opposing party, or the agent for the opposing party, or the opposing party's attorney has been notified, and when the administrative law judge is satisfied that there is no time for a written motion and the lateness of the motion was not caused by undue delay or lack of diligence by the moving party. If the motion for continuance is oral, the resistance may be oral, but the administrative law judge shall make and submit a written memorandum reflecting the event;
5.6.g. Written notice of the grant or denial of a continuance request shall be provided to all parties by the administrative law judge; and
5.6.h. Within five (5) days of the notice of a grant of continuance, the administrative law judge will cause to be served on all parties an order setting forth the alternative date for said hearing to convene.