West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-4 - Parties and Conduct of Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At the hearing, an opportunity shall be
				afforded all parties to present evidence and argument with respect to the
				matters and issues involved. Any person interested in the proceeding, but not a
				party thereof, shall be permitted to testify as to the issues in controversy
				after first being placed under oath or affirmation. Any such interested person
				who is not a party, shall not, however, be permitted to submit argument or to
				cross-examine other witnesses. Argument may be restricted to a presentation in
				written form. All of the testimony and evidence at the hearing shall be
				reported by stenographic notes and characters or by mechanical
or
				electronic
means. All rulings on the admissibility of testimony
				and evidence shall also be reported. The secretary shall prepare an official
				record, that shall include reported testimony and exhibits in each contested
				case, and all agency staff memoranda and data used in consideration of the
				case, but it shall not be necessary to transcribe the reported testimony unless
				required for purposes of rehearing or judicial review. Upon request from any
				party to the hearing, all reported testimony and evidence at a hearing shall be
				transcribed, and a copy thereof furnished to the party at its expense. The
				secretary shall have the responsibility for making arrangements for the
				transcription of the reported testimony.
4.2. Evidentiary depositions may be taken and
				read as in civil actions in the circuit court of this state.
4.3. Except to the extent required by statute
				or by this rule, all hearings under this rule will be conducted in accordance
				with the current versions of the "Rules of Civil Procedure for Trial Courts of
				Record," "Trial Court Rules for Trial Courts of Record," and "Local Rules for
				Kanawha County Civil Courts" as those rules would apply to a trial court
				sitting without a jury.
4.4
All hearings
shall be conducted in an impartial
				manner.
All hearings
and shall be open to members of
				the public
except hearings arising under West Virginia Code §
				49-2-105 and § 9-6-1 et seq. Decisions for all hearings held on or before
				May 17. 2015, and not subject to this rule shall be issued on or before July 1.
				2015.
The secretary and every hearing officer appointed by the
				secretary shall have the power to administer oaths and affirmations, certify
				official acts, take depositions, rule upon offers of proof and receive relevant
				evidence, regulate the course of the hearing, hold conferences for the
				settlement or simplification of the issues by consent of the parties, dispose
				of procedural requests, motions, or similar matters, and take such other
				actions as are authorized by this rule. The secretary and every hearing officer
				shall adopt appropriate measures to protect the confidentiality of patient
				information. Such measures may include, but shall not be limited to: deleting
				references to all patient identifying information in documents and testimony;
				referring to patients by a non-identifying designation (e.g.,"Patient A"); or
				hearing in camera any testimony which might require divulging patient
				identifying information.
4.5.
				During a hearing, irrelevant, immaterial, or unduly repetitious evidence shall
				be excluded. The current "Rules of Evidence" as applied in civil cases by a
				court sitting without a jury shall be followed. However, when necessary to
				ascertain facts not reasonably susceptible of proof under those rules, evidence
				not admissible thereunder may be admitted, except where precluded by statute,
				if it is of a type commonly relied upon by reasonably prudent persons in the
				conduct in their office. The hearing officer shall be bound by the rules of
				privilege recognized by law. Objections to evidentiary offers shall be noted in
				the record, but exceptions to rulings by the hearing officer shall not be made.
				Any party to any hearing may vouch the record as to any excluded testimony or
				other evidence provided that the hearing officer may elect to require that the
				excluded testimony be submitted in written form following the
				hearing.
4.6. All evidence,
				including papers, records, agency staff memoranda and documents in the
				possession of the secretary, of which he or she desires to avail himself or
				herself, shall be offered and made a part of the record in the case, and no
				other factual information or evidence shall be considered in the determination
				of the case. Documentary evidence may be received in the form of copies of
				excerpts or by incorporation by reference.
4.7. Every party, as well as the secretary
				and his or her staff, shall have the right of cross-examination of witnesses
				who testify, and shall have the right to submit rebuttal evidence.
4.8. All witnesses who testify at a hearing
				shall first be subject to oath or affirmation and any testimony submitted by
				deposition shall show on the face thereof that the witness was so
				qualified.
4.9. The hearing officer
				may take notice of judicially cognizable facts. All parties shall be notified
				either before or during the hearing, or by reference in preliminary reports or
				otherwise, of the material so noticed, and they shall be afforded an
				opportunity to contest the facts so noticed.