West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-05 - Rules Of WV Board Of Banking And Financial Institutions › Section 107-05-3 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notice of
				Hearing.
Notice of time and place shall be given to all parties who
				  may be interested in any hearing as provided by law, except for emergencies as
				  provided by West Virginia Code, Chapter 31 A, Article 3, Section 3(c). Hearings
				  may be continued by the Board on its own motion or for good cause ihown without
				  further notice.
3.2. Place
				of Hearing.
The Board shall determine the site of any hearing All
				  hearings shall be open to the public.
3.3. Representation. A party may represent
				himself if a natural person, but if a corporation or association or other
				entity, must be represented by an attorney duly licensed to practice in the
				State of West Virginia.
3.4.
				Hearing Tribunal.
Any matter requiring a hearing may be heard by the Board or
				  by a Board member designated by the Board to conduct such hearing. In the event
				  a hearing is conducted by a Board member, a transcript of ihe evidence and all
				  exhibits shall thereafter be made available to the Board members for their
				  consideration in rendering a decision.
3.5. Conduct of Hearings.
All hearings shall be conducted in accordance with statutory
				  provisions set forth in West Virginia Code, Chapter 29A, Article 5.
3.6. Contested Hearings.
When an intervener has qualified as n party pursuant to the
				  provisions of West Virginia Code, Chapter 31 A, Article 3, Section 3(c), he
				  shall be given ample opportunity to be heard. However, since such hearings are
				  administrative and not adversary in nature, all parties arc requested to waive
				  cross-examination of witnesses of other parties.
3.7. Presentation of Evidence.
Any petitioning party shall, not later than twenty days prior
				  to the hearing date, and any intervenor shall, not less than ten days prior to
				  any hearing date, file with the Commissioner eight copies of the following
				  items and shall simultaneously supply opposing parties with one copy:
1. The basic petition document and supporting
				exhibits required by law or by these rules which tiie party may wisli to file
				in support or furtherance of his petition.
2. A list of all witnesses proposed to be
				called with identity of each witness and a concise summary statement of his
				testimony.
3. A written siatemcnt
				or brief stating the position of the party and supporting arguments therefor.
At any hearing all items previously filed as hereinabove
				  required shall become a part of the record and shall not require further
				  authentication but may be traversed by an opposing party. No witness not
				  previously listed shall be heard except for good cause shown. Any member of the
				  Board may introduce into evidence any items or information in his possession
				  and any papers, records, agency staff memoranda and documents in the possession
				  of the agency.