West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-02 - Administrative Appeals Procedure › Section 179-2-8 - The Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				petitioner will be given an opportunity for argument within the time limits
				fixed by the commission or the hearing examiner whom it appoints following
				submission of evidence. The commission or hearing examiner, upon request of the
				petitioner, will accept briefs in addition to or in lieu of argument. Briefs
				must be filed according to the schedule established by the commission or the
				hearing examiner prior to the conclusion of the hearing.
8.2. The commission or the hearing examiner
				may admit any relevant evidence, except that it will observe the rules of
				privilege recognized by law. A finding is to be supported by the kind of
				evidence commonly relied upon by reasonably prudent men in the conduct of their
				affairs, whether or not the evidence would be admissible before a jury. The
				commission or the hearing examiner may exclude any evidence which is
				irrelevant, unduly repetitious or lacking in substantial probative
				effect.
8.3. An audio recording
				will be made of all hearings held pursuant to this article. Any party may
				request a duplicate set of audio cassette tapes and must pay a per-tape cost
				for the tape(s). Any party may request that a typewritten transcript be made.
				Parties requesting and/or receiving typewritten transcripts will share the pro
				rata costs of preparing the transcript.
8.4. After the conclusion of the hearing and
				within ten days of receipt of the transcript (if one was prepared) and the due
				date(s) set for any briefs, the hearing examiner will prepare a recommended
				decision, supported by findings of fact and conclusions of law, affirming,
				modifying or vacating the earlier order of the commission or
				director.
8.5. The commission,
				within ten days of receipt of the recommended decision will, by a majority of
				those commissioners voting, either accept or reject the recommended
				decision.
8.6. If the commission
				accepts the recommended decision, it will order the director to sign and
				acknowledge the recommended decision as its own, after having reviewed the
				transcript and all attached exhibits.
8.7. If the commission rejects the
				recommended decision, it will within ten days or receipt of the recommended
				decision prepare a decision setting forth its own findings of fact and
				conclusions of law.
8.8. If the
				commission has not elected to appoint a hearing examiner, then after the
				conclusion of the hearing and within ten days of receipt of the transcript (if
				one was prepared) and receipt of any briefs, it will prepare a decision setting
				forth its own findings of fact and conclusions of law.
8.9. The decision of the commission is final
				unless vacated or modified upon judicial review.
8.10. A copy of the decision will be served
				upon each party to the hearing and each attorney of record, if any, in person
				or by registered or certified mail.