West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-8 - Administrative Hearing Procedures; Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Right to Administrative Hearing
Except for the expedited issues identified in W. Va. Code §
									23-4-1c(a)(3) and section 9 [93-1-9 et seq.] of this rule, any party to a protest shall, upon timely request, have a right to a hearing concerning any issue of fact or law upon which the claim administrator has made a decision within the meaning of W. Va. Code §
									23-5-1(b), and upon the timely filing of a protest.
A hearing, if not automatically scheduled by the Office of Judges pursuant to this Rule, shall be specifically requested by a party at least thirty (30) days prior to the expiration of the requesting party's Time Frame. If requested less than thirty (30) days before the expiration of the Time Frame, the party requesting the hearing shall state good cause for the untimeliness of the request. It is not the intent of this subsection to prohibit cross-examination or rebuttal evidence.
8.2. Date, Time, and Place of Administrative
				Hearings
Upon a timely request for a hearing, the Office of Judges shall
				  determine the date, time and place such hearing will be conducted. A hearing
				  may be continued by the Office of Judges only for administrative necessity or
				  good cause shown pursuant to subsection 8.7 [93-1-8.7] of this rule. Hearings
				  may be conducted at such places as determined by the Office of Judges, giving
				  due regard to the convenience of the witnesses. The Chief Administrative Law
				  Judge, or his/her designee, may, at his/her discretion, conduct any hearing by
				  telephone conference call. The parties and counsel of record shall be notified
				  of the date, time, and place of a hearing at least ten (10) days in advance of
				  the hearing date. For good cause or upon waiver of notice by the parties, less
				  than ten days may be adequate notice.
8.3. Administrative Hearing Procedure
A. Testimony
All testimony shall be
				  taken under oath or affirmation.
B. Cross-examination
All parties shall
				  be given reasonable latitude in cross-examining witnesses. Cross-examination
				  must take place in any time period set forth in a Time Frame Order.
C. Objections
An
				  Administrative Law Judge or Hearing Examiner shall rule upon all objections to
				  the evidence or testimony presented at the hearing or offered by deposition,
				  taking into consideration the apparent reliability of evidence, and the basis
				  of knowledge of a witness. All objections shall be noted in the transcript of
				  the hearing or deposition. Exceptions to a ruling on such objections shall be
				  automatic. Oral argument and citation of authority by the parties in support
				  of, or opposition to, objections may be required. In the event of adverse
				  rulings the record may be preserved for appeal by written proffer or, at the
				  discretion of the Administrative Law Judge or Hearing Examiner, by an oral
				  vouching of the record.
D.
				Transcription of Hearing
All testimony, argument and rulings shall be
				  recorded by stenographic or voice recording or by other means and shall be
				  transcribed.
E. Conduct of
				Hearings
Pursuant to W. Va. Code §
											23-1-4(b), it is the policy of the
				  Office of Judges that hearings will not be open to the general public. Only
				  parties and their counsel, witnesses, family of the claimant, and agents or
				  representatives of the employer or the Offices of the Insurance Commissioner
				  may be present at the hearing. The Office of Judges may further restrict a
				  hearing in the following manner:
1. If
				a person's conduct becomes unruly or disruptive, they may be removed from the
				hearing.
2. Witnesses may be
				removed from hearing upon the granting of a motion of a party that the
				witnesses be sequestered.
3.
				Camera/Audio coverage. Audio or video recording of any proceeding by anyone
				other than Office of Judges personnel is prohibited.