W. Va. Code R. § 121-1-30

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 121-1-30 - Disposition without evidentiary hearing

30.1. Prior to the evidentiary hearing, any party may file a motion, requesting that the presiding administrative law judge issue a decision in their favor. The motion shall be based upon either stipulated facts or upon what the moving party contends are uncontroverted facts. Such motion shall be filed at least twenty-one (21) days prior to the evidentiary hearing. The party opposing such a motion shall have fourteen (14) days to file a response.

30.2. The parties may jointly move to have any matter decided based upon stipulated facts and the filing of legal briefs. In such a circumstance, the parties shall, in writing, inform the presiding administrative law judge of their desire to have the matter decided in this manner, and shall request a briefing schedule. In addition to the legal briefs, the parties shall provide a separate copy of the stipulated facts.