West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-6 - Hearings Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Superintendent or his or her designee acting as a grievance evaluator or the
				hearing examiner shall conduct all hearings in an impartial manner and shall
				ensure that all parties are accorded procedural and substantive due process.
				All parties shall have an opportunity to present evidence and argument with
				respect to the matters and issues involved, to cross-examine and to rebut
				evidence. Reasonable notice of a hearing shall be sent prior to the hearing to
				all parties and their named representative and shall include the date, time,
				and place of the hearing. All such hearings shall be held at a location
				selected by the Superintendent and within regular working hours. Hearings may
				continue beyond normal working hours.
6.2. Upon written request, the grievant or
				Superintendent shall produce prior to such hearing any documents, not
				privileged, which are relevant to the subject matter involved in the pending
				grievance.
6.3. At levels 3 or 4
				the Superintendent or his or her designee or the hearing examiner shall have
				the power to (1) administer oaths and affirmations, (2) subpoena witnesses, (3)
				regulate the course of the hearing, (4) hold conferences for the settlement or
				simplification of the issues by consent of the parties, (5) exclude immaterial,
				irrelevant or repetitious evidence, (6) sequester witnesses, (7) restrict the
				number of advocates, and take any other action not inconsistent with the
				provisions of this rule.
6.4. All
				the testimony and evidence at any level three or level four hearing shall be
				recorded by mechanical means, and all recorded testimony and evidence at such
				hearing upon written request of either party or the level 4 hearing examiner,
				shall be transcribed and certified by affidavit.
6.5. Formal rules of evidence shall not be
				applied, but parties shall be bound by the rules of privilege recognized by
				law. No member shall be compelled to testify against himself or herself in a
				grievance involving disciplinary action. The burden of proof shall rest with
				the Superintendent in disciplinary matters.
6.6. The mechanical recording of all
				testimony and evidence or the transcription thereof, if any; the decision, and
				any other materials considered in reaching the decision shall be made a part
				and shall constitute the record of a grievance. The record shall be submitted
				to any level at which appeal has been made, and the record shall be considered,
				but the development of such record shall not be limited thereby.
6.7. Prior to the decisions rendered at
				levels 3 or 4 any party may propose findings of fact and conclusions of law
				which shall be submitted in writing.
6.8. Every decision rendered at levels 3 or
				4, pursuant to a hearing, shall be in writing and shall be accompanied by
				findings of fact and conclusions of law.