West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-4 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any
				person who desires a hearing must present a written demand for such to the
				Board within 30 days of issuance of a citation.
4.2. When the Board or its authorized
				designee is presented with such a demand for a hearing, it shall schedule a
				hearing within forty-five (45) days of receipt by it of such written demand
				unless postponed to a later date by mutual agreement.
4.3. Civil penalties may be instituted
				against any person by the Board when probable cause exists for believing that
				the individual may have engaged in conduct, practices or acts that are in
				violation of the provisions of W.Va. Code §24C-1-1 et seq. or the Board's
				rules. Civil penalties may be based upon information received by way of a
				verified written complaint filed with the Board and further information
				gathered by the Board or its authorized designee in the process of
				investigating such complaint. Civil penalties may also be based upon
				information received solely through investigative activities undertaken by the
				Board.
4.4. A Notice of Hearing
				shall be served upon the demanding party at least thirty (30) days prior to the
				date of hearing.
4.5. Hearings
				shall be conducted as follows:
4.5.1. Any
				party to a hearing shall have the right to be represented by an attorney, duly
				qualified to practice law in the state of West Virginia, or to represent his or
				herself.
4.5.2. Irrelevant,
				immaterial, or unduly repetitious evidence shall be excluded from the
				hearing.
4.5.3. Any party to a
				hearing may appear with witnesses to testify on his or her behalf; may be heard
				in person, by counsel or both; may present such other evidence in support of
				his or her position as deemed appropriate by the Board and, when appropriate,
				may cross-examine witnesses called by the Board in support of the
				citation.
4.5.4. The hearing shall
				be held at such time and place as is designated by the Board, but no hearing
				shall be conducted unless and until at least thirty (30) days written notice
				thereof has been served upon the demanding party and/or his or her attorney in
				person; or if he or she cannot be found or if he or she does not reside in this
				state, such notice may be served by the publication thereof once a week for
				three successive weeks in a newspaper published in this state; or such notice
				may be served by registered or certified mail.
4.5.5. The hearing shall be open to the
				general public, unless requested to be closed to the public by the demanding
				party.
4.5.6. The hearing shall be
				conducted by a quorum of the Board.
4.5.7. A record of the hearing, including the
				citation(s), if applicable, the notice of hearing, all documentary evidence,
				and testimony in support thereof shall be made and a transcript thereof
				maintained in the Board's files. Upon request, a copy of the transcript shall
				be furnished to any party by the transcriptionist at his or her own
				expense.
4.5.8. Documentary
				evidence may be received in the form of copies or excerpts or by incorporation
				by reference.
4.5.9. Where a
				hearing is held upon demand of any person to whom a citation is issued, the
				demanding party shall have the burden of proof.
4.5.10. Motions for a continuance of a
				hearing may be granted upon a showing of good cause.