West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-13 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
						West Virginia Rules of Evidence shall be used in the hearing.
13.2. The complaint will be prosecuted by a
						member of the commission staff.
13.3. The hearing proceedings shall be
						electronically recorded or, the commission may employ the services of a court
						reporter to record and transcribe the proceedings by any means permitted in the
						circuit courts of this state.
13.4.
						Any party to a hearing has the right to be represented by an attorney duly
						qualified to practice in the State of West Virginia. No party may be
						represented at a hearing by a spokesperson, lay representative or anyone else
						not licensed or authorized to practice law in the State of West
						Virginia.
13.5. The respondent may
						appear without counsel and represent himself or herself at the hearing. At the
						beginning of the hearing the presiding officer shall insure the respondent does
						not desire to obtain counsel and is thoroughly advised of the sanctions which
						may be imposed in the event of a finding that the respondent committed a
						material violation of 158 CSR 13.
13.6. All parties to hearings, their counsel,
						and spectators shall conduct themselves in a respectful manner. Demonstrations
						of any kind at hearings shall not be permitted. The presiding officer may, in
						his or her discretion, recess or continue any hearing in which the parties,
						attorneys, witnesses or spectators, conduct themselves in a disrespectful,
						disorderly or contemptuous manner which interferes with or prevents the proper
						conduct of the hearing.
13.7. All
						testimony to be considered by the presiding officer at the hearing shall be by
						sworn or affirmed testimony.
13.8.
						The purpose of the hearing is to further inquire into the matters set forth in
						the statement of charges, and to record evidence and arguments in support of
						and in opposition to the charges so that the commission may determine all
						issues.
13.9. Members of the
						commission and its officers, agents and employees are competent to testify at
						the hearing as to material and relevant matters: Provided, That no member of
						the commission who testifies at the hearing shall thereafter participate in the
						deliberations or decisions of the commission with respect to the case in which
						he or she testified.
13.10. Each
						party may make a brief opening statement setting forth the evidence he or she
						intends to prove.
13.11. Initially
						the complainant or the commission's counsel shall present competent and
						relevant evidence, including testimony or documents, in proof of the statement
						of charges.
13.12. The respondent
						or his or her counsel may present competent and relevant evidence following the
						conclusion of the complainant's case.
13.13. Each party has the right to
						cross-examine any witness who testifies.
13.14. Following the presentation of the
						respondent's evidence the complainant has the right to submit rebuttal
						evidence.
13.15. Following the
						presentation of all evidence all parties have the right to offer oral argument
						to summarize the evidence presented, not to exceed ten (10) minutes for each
						presentation, unless for good cause the period is extended by the presiding
						officer.
13.16. All exhibits
						offered into evidence shall be labeled and marked as exhibits of the respective
						parties, such as "Complainant Exhibit," or "Respondent Exhibit".
13.17. All exhibits offered into evidence, or
						copies thereof, shall be appended to the record of proceedings, and if any
						exhibit is not susceptible to attachment or copying either a photograph,
						facsimile, or description of the exhibit may be substituted.
13.18. The presiding officer may order
						witnesses sequestered upon his or her own motion or on the motion of a
						party.
13.19. The respondent is
						entitled to be present and to present evidence at the hearing; however, the
						taking of evidence and a final determination of the issues shall not be
						prevented, and the respondent shall be considered to have waived the right to
						be present if:
13.19.a. after being notified
						of the date, time and place of hearing he or she does not appear, absent a
						prior showing of good cause, or
13.19.b. after being advised by the presiding
						officer that disruptive conduct will cause removal from the hearing, he or she
						persists in conduct which justifies his or her exclusion from the
						hearing.