West Virginia Code of State Rules › Agency 105 - Administrative Hearings, Office of › Title 105 - LEGISLATIVE RULE OFFICE OF ADMINISTRATIVE HEARINGS › Series 105-01 - Appeal Procedures › Section 105-1-15 - Hearing and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A hearing before the
												OAH shall be heard de novo and conducted pursuant to the provisions set forth in chapters
												seventeen-b and seventeen-c of the West Virginia Code and, to the extent not inconsistent
												therewith, with the procedures set forth in article five, chapter twenty-nine-a of the
												West Virginia Code.
15.2. The West Virginia
												Rules of Evidence governing proceedings in the courts of this state shall be given like
												effect in OAH hearings. All testimony shall be given under oath. Evidentiary depositions
												may be taken prior to the hearing and read into evidence during the OAH hearing by
												following the same procedure as in civil actions in the circuit courts of this
												state.
15.3. Parties are required to present
												their evidence during the hearing. Premature or post-hearing evidence may be excluded at
												the discretion of the OAH unless specifically permitted by order.
15.4. The hearing shall be before the Chief Hearing
												Examiner or his or her designee hearing examiner employed by the OAH. Such hearing
												examiner has the power to hold conferences for the settlement or simplification of the
												issues by consent of the parties, administer oaths and affirmations, regulate the course
												of the hearing, sequester witnesses, rule on motions and evidence, question witnesses,
												dispose of procedural requests or similar matters, and exclude any person from the
												hearing who engages in conduct intended to disrupt the hearing, willfully violates
												instructions issued by the hearing examiner, or is not a party, a party's attorney, or
												testifying witness. Hearing Examiners shall have authority to rule on procedural matters.
												This authority may, however, be overruled by the Chief Hearing Examiner or his or her
												designee, if in the opinion of the Chief Hearing Examiner or his or her designee, the
												hearing examiner has exercised the authority in a manner that constitutes an abuse of
												discretion.
15.5. The Hearing Examiner may
												sua sponte, or upon the motion of a party, sequester the witnesses from the hearing room.
												If said sequestration is ordered, the only witnesses who shall be permitted to remain in
												the hearing room are the Petitioner and one law enforcement officer as designated by the
												Commissioner or the Commissioner's counsel.
15.6. Any party to a hearing has the right to be
												represented by an attorney duly qualified to practice in the state of West Virginia. A
												party may not be represented at a hearing by a spokesperson, lay representative, or
												anyone else not licensed and authorized to practice law in the state of West Virginia.
												The petitioner may appear without an attorney and represent himself or herself at the
												hearing. The Commissioner may be represented at hearings conducted by the OAH, and
												evidence submitted by the Commissioner may be considered in such hearings with or without
												such representation.
15.7. All of the
												testimony, evidence, arguments, and rulings during a hearing shall be recorded
												electronically or by mechanized or stenographic means by the OAH. Audio or video
												recording of a proceeding by anyone other than OAH personnel without prior written
												permission of the Chief Hearing Examiner is prohibited.
15.8. The party carrying the burden of proof has the
												initial opportunity to present evidence. Parties have the right to cross examine
												witnesses and to submit rebuttal evidence. Following the presentation of all evidence,
												each party has the right to offer closing arguments.
15.9. The OAH may require proposed findings of fact and
												conclusions of law from the parties prior to the issuance of the final order in the
												matter. Unless otherwise specified during the hearing or by order, a party shall provide
												by e-mail all proposed findings of fact and conclusions of law to the OAH and directly to
												the hearing examiner who presided over the hearing within ten (10) days of the conclusion
												of the hearing.