West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-02 - Procedures Of The West Verginia Board Of Chiropractic Examiners › Section 4-2-3 - Hearing Shall Be Conducted As Follows

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any party to a hearing shall have the
				right to be represented by an attorney at law, duly qualified to practice in
				the State of West virginia.
3.2.
				The board may be represented by the Office of the Attorney General.
3.3. The rules of evidence as applied in
				civil cases in the circuit courts of this State shall be followed.
3.4. Hearings conducted by the Board or by a
				hearing examiner appointed by the Board, upon a complaint issued by the Board,
				are a continuance of the investigation designated to enable the Board to
				properly discharge its administrative functions and authority. The purpose of
				such hearing is to afford the Respondent an opportunity, in person or by
				counsel or other representative, to respond to the complaint, to present his
				position, to present evidence in support of his contention, to examine and
				cross-examine evidence and witnesses produced in support of the complaint and
				to argue orally at the hearing.
3.5. The hearing shall be held at such time
				and place as is designated by the Board, but no hearing shall be conducted
				unless and until at least thirty (30) days written notice thereof has been
				served upon the Respondent in person or by registered mail.
3.6. The hearing shall not be open to the
				general public unless the Respondent makes and files a written request therefor
				with the Board or with the hearing examiner.
3.7. The purpose of the hearing shall be to
				further inquire into the matters set forth in the complaint or any amended
				complaint, and to record evidence and arguments in support of the same and in
				opposition thereto, so that the Board may determine all issues.
3.8. The hearing may be conducted by a Board
				member, or by a hearing examiner appointed by the Board.
3.9. A record of the hearing shall be
				prepared under the supervision of the Board, if the hearing is conducted by it,
				or by a hearing examiner who conducts the hearing on behalf of the Board.
3.10. Documentary evidence may be
				received in the form of copies or excerpts or by incorporation by
				reference.
3.11. Initially, the
				Board shall be given an opportunity to present evidence, including testimony,
				papers, records, agency staff memoranda and documents in the possession of the
				Board, in support of its position.
3.12. Every party shall have the right of
				cross-examination of witnesses who testify, and following the conclusion of the
				Boards presentation, shall have the right to submit rebuttal
				evidence.
3.13. The Board shall
				have the right to cross-examine witnesses providing rebuttal
				testimony.
3.14. Following the
				presentation of all evidence, every party, including the board, shall have the
				right to offer argument, not to exceed ten (10) minutes for each
				presentation.
3.15. The state or
				local organization which represents the profession to which the Respondent
				belongs may intervene in any hearing for the purpose of assisting in the
				prosecution of the complaint, or may with the consent of the Respondent,
				intervene for the purpose of assisting the Respondent in contesting the
				complaint.
3.16. Hearing examiners
				are not authorized or empowered to suspend or revoke any licensor to place any
				licensee or probation. The function of a hearing examiner is to preside at the
				hearing and to cause to be prepared a record of the hearing so that the Board
				can discharge its functions. The hearing examiner shall prepare recommended
				findings of fact and conclusions of law for submission to the Board.
3.17. Summons and subpoenas may be issued by
				the Chairman of the Board and by hearing examiners appointed by the
				Board.
3.18. The Board or its
				hearing examiner may institute proceedings in circuit courts to punish persons
				for contemptuous or contumacious conduct directed to the Board or to its
				hearing examiner in the course of hearings.
3.19. The Respondent shall serve his answer
				within thirty (30) days after service of the complaint upon him. Upon failure
				of the Respondent to respond to the complaint as required, all of the
				allegations set out therein as to conduct or conditions of the Respondent may
				be taken by the Board as confessed by the Respondent.
3.20. Hearings may be continued from one day
				to another, or adjourned to a later date or a different place by announcement
				thereof or by appropriate notice to all parties.
3.21. A continuance may be granted by the
				Chairman or his designee for good cause shown. A written notice of continuance
				shall be filed at least five (5) days prior to the hearing
				date.