W. Va. Code R. § 153-12-5

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-12-5 - Conduct Of Hearings

5.1. Any party shall have the right to be represented by an attorney-at-law, duly qualified to practice in the State of West Virginia.

5.2. The Secretary of State may be represented by the office of the Attorney General.

5.3. The rules of evidence as applied in civil cases in the circuit court of this State shall be followed.

5.4. When necessary to ascertain facts not reasonably susceptible to proof under said rules of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.

5.5. The agency shall be bound by the rules of privilege recognized by law.

5.6. Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference.

5.7. Initially the agency shall be given opportunity to present evidence, including testimony, papers, records, agency staff memoranda and documents in the possession of the agency in support of its position.

5.8. Every party shall have the right of cross-examination of witnesses who testify, and following the conclusion of the agency's presentation, shall have the right to submit rebuttal evidence.

5.9. The Secretary of State shall have the right to cross-examine witnesses providing rebuttal testimony.

5.10. Following the presentation of all the evidence, every party, including the Secretary of State, shall have the right to offer argument, not to exceed a reasonable time limit as determined by the Secretary or the hearing examiner.

W. Va. Code R. § 153-12-5