West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-17 - Further Hearing, Reopening, Or Rehearing

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Applications for (1) further hearing in a proceeding after the close of
				testimony and before final submission of oral argument or brief, for (2)
				reopening a proceeding after final submission and before decision, or for (3)
				rehearing or reargument after decision, must be made by petition, within ten
				(10) days after the date of such closing of testimony, final submission or
				decision, as the case may be. Such petition shall state specifically the
				grounds relied upon and shall be filed with the Commission and a copy served by
				the petitioner upon each adverse party, or his attorney; who appeared at the
				hearing, or oral argument, if any, or on brief.
17.2. If the application be for further
				hearing before final submission, or for reopening the proceeding to take
				further evidence after submission and before decision, the nature and purpose
				of the evidence to be adduced must be briefly stated and it must appear to be
				not merely cumulative.
17.3. If the
				application be for rehearing or reargument after decision, the matters claimed
				to have been erroneously decided must be specified and the alleged errors
				stated. If thereby any order of the Commission is sought to be vacated,
				reversed, or modified, by reason of matters which have arisen since the
				hearing, or by reason of matters which have arisen since the hearing, or by
				reason of consequence which would result from compliance therewith, or by
				reason of facts not in possession of the petitioner at the time of the hearing,
				the matter so relied upon by the petitioner must be fully set forth in the
				petition.
17.4. Application for
				modification of orders which seek only change in the date when they shall take
				effect, or in the period of notice thereby prescribed, must be made by petition
				seasonably filed and served in like manner as other applications under this
				rule, except that, in case of unforeseen emergency satisfactorily shown by the
				applicant, such relief may be sought informally, by telegram or otherwise, upon
				notice thereof to all parties or attorneys who appeared as aforesaid.
17.5. Each petition filed under this rule
				shall be accompanied by six (6) additional copies thereof for the use of the
				Commission, and by certificate showing service upon the parties or their
				attorneys who appeared as aforesaid. Within five (5) days after such service,
				any adverse party may file and serve in like manner a reply to the petition,
				and the reply so filed to be accompanied by a like manner of copies for the use
				of the Commission.
17.6. Upon the
				filing of said reply or upon default thereof within the said period, the
				Commission will make such order with respect to the hearing of said petition,
				or the granting of the prayer thereof, as it shall deem just and
				right.
17.7. Upon the filing of any
				application, petition or motion under this rule, the Commission may stay any
				pending proceeding or order or permit the same to continue in effect or to
				become effective.