W. Va. Code R. § 105-1-12

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 105-1-12 - Motions and Orders

12.1. All requests for a written order shall be made by motion. Prior to filing a motion with the OAH, the moving party shall in good faith confer or attempt to confer with the other party to resolve matters in disagreement. Every written motion shall state a summary of such consultation and whether the opposing party objects. A motion shall clearly set forth all grounds, facts, and authorities in support of the motion. Every motion, response, and proposed order shall be signed by the party filing such document or, if the party is represented by an attorney, shall be signed by the party's attorney.

12.2. All written motions shall be served and filed within the time frames set forth in subsections 5.2. and 5.3. of this rule. All written responses to such motions shall be served and filed within the time frames set forth in subsection 5.3. of this rule.

12.3. The Chief Hearing Examiner or his or her designee shall respond by order to all written motions from a party that comply with subsections 12.1. and 12.2. by granting, denying, or otherwise addressing the same.

12.4. Oral motions may be made by a party during a hearing. A hearing examiner may address such oral motions on the record during a hearing or by order.

12.5. The submission of proposed orders to the OAH shall be as follows:

a. Unless otherwise directed by the OAH, all proposed orders shall be submitted to the OAH promptly, but no later than seven (7) days after having been directed to do so by the OAH. When the party responsible for the preparation and presentation of an order unreasonably delays or withholds its presentation, the order may then be prepared and entered by the OAH.

b. The party responsible for the preparation and presentation of an order shall submit the original of the proposed order to the OAH within seven (7) days, with a copy to the opposing party along with a notice to note objections and exceptions to the order within five (5) days after receipt of the proposed order or such lesser time as the OAH directs. The opposing party shall notify the OAH, in writing, of his or her approval of or objection to the order.

c. The OAH may enter the proposed order if no objections are received within five (5) days of service of the proposed order.

d. If objections are received within the time frame specified in subsection 12.5.C. the hearing examiner shall rule on said objections within five business (5) days of receipt.

W. Va. Code R. § 105-1-12