Rule 6.0 - Administration Hearing Procedure(a)Request for hearing. - A formal hearing is authorized under this Rule under the following circumstances if requested in writing by the applicant or scheduled by the Bar Admissions Administrator: where the Board determines that an applicant does not meet the requirements of the Rules for Admission to the Practice of Law for any reason, except the failure to pass the bar examination; where the Board denies in whole or in part an applicant's request under Rule 3.3 for special accommodations during the bar examination; or as authorized by Rule 8.0 with respect to an applicant admitted under a Conditional Admission Agreement. Unless otherwise specified herein, requests for a formal hearing must be received by the Board of Law Examiners within sixty days from the receipt of notice by the applicant of the Board's adverse decision. After a request for hearing has been made, an application may not be withdrawn, except upon written motion and for good cause shown and, further, upon payment of costs. (b)Formal hearing. - The Board shall appoint a hearing officer, who shall be a disinterested, practicing attorney in the State of West Virginia, to conduct a formal hearing. The Board shall, by a written notice mailed to the applicant by certified mail at his or her address as stated in the application, specify the date, time and place of the hearing and the name of the hearing officer. (c)Time for hearing. - Unless otherwise provided in these Rules, the time of the hearing shall not be less than twenty (20) days nor more than forty (40) days from the date of the receipt of the applicant's written request for a formal hearing. The Board or hearing officer may extend or shorten the time period for good cause shown. At the hearing before the hearing officer, the Board may designate a lawyer to represent it and to present evidence in support of the Board's decision. The applicant may be represented by counsel and shall have the right to present evidence in support of his or her qualifications, a request for special accommodations, or compliance with a Conditional Admission Agreement, and shall have the right to cross-examine witnesses, Provided, that evidence presented with regard to a request for special accommodations shall be limited as set forth in Rule 3.3. A record shall be made of the proceedings. (d)Subpoena and contempt power. - The Board shall have power to issue subpoenas through the Clerk of the Supreme Court of Appeals. The Clerk shall prepare and have available for issuance at the request of any party, subpoenas returnable before the Board for attendance of witnesses or for the production of documentary evidence. Subpoenas, and other process of the Board, may be served in the same manner provided for service of subpoenas to the circuit courts of this State and may be served by mail or by any person designated by the Board or Clerk. The Board shall have jurisdiction co-extensive with the circuit courts of this State to compel the attendance of witnesses and the production of documents; and the failure of any person without adequate excuse to obey a subpoena or other process of the Board shall constitute contempt of the Board. All witnesses shall be entitled to such witness fees and expenses as in any civil proceeding in this State. The Board or its appointed hearing officer may punish breaches of order and unprofessional conduct committed in its presence on the part of counsel, or any other person, by censure or exclusion from any hearing or may invoke the aid of any circuit court in keeping order. Such court, in case of the refusal of any person to maintain order before the Board or hearing officer, shall issue an order requiring such person to maintain order. Any failure to obey such order of the court may be punished by such court as contempt thereof. The Board or hearing officer may designate a person, or persons to act as bailiff or bailiffs to be in attendance at all its hearings.
(e)Review by Board and Court. - Upon completion of the hearing before the hearing officer, the hearing officer shall make a written recommendation based upon the requirements of these rules and upon the evidence submitted. Such written report, together with a copy of the transcript of the hearing, shall be forwarded as soon as practicable to the Board of Law Examiners. The Board, within forty-five (45) days from the receipt of said written report and the record, shall review the report and shall advise the applicant in writing as to whether he or she has been found eligible to take the bar examination or to be admitted, if examination is not required, or, in the case of a conditionally admitted applicant, whether the applicant has been found to have violated the Conditional Admission Agreement. In cases appealing the Board's denial of testing accommodations, the Board shall advise the applicant in writing within fifteen days from the receipt of the written report and the record whether the requested accommodations will be granted. In the event that the Board makes a finding adverse to the applicant, the applicant may file exceptions to the Board's recommendations. Exceptions shall be filed with the Clerk of the Supreme Court of Appeals within thirty (30) days from the date of the receipt of the Board's written recommendation. If the Court determines that the matter has merit, it shall docket the case for full argument. W.V. R. Admis. Prac. Law. 6.0
As amended by order entered November 29, 1989, effective 1/1/1990; by order entered March 24, 1993, effective 7/1/1993; and by order entered June 14, 1995, effective 9/1/1995; by order entered November 26, 2002, effective11/26/2002; by order entered November 20, 2012, effective 1/1/2013.