12.1. General provisions. 12.1.1. The date, time and location of hearings will be scheduled by the Commission and notice will be served on all parties as may be required by statute and/or the Commission's Rules. Hearings will be held at the Commission's hearing room in the City of Charleston or elsewhere in the State at the Commission's discretion. The Commission will make an effort to set all formal hearings sufficiently in advance so that all parties have a reasonable time to prepare their cases, and so that continuances will be reduced to a minimum.12.1.2. All hearings will be open to the public except in camera proceedings.12.2. Presiding officers. 12.2.1. When evidence is to be taken in any proceeding before the Commission, the hearing will be held by one or more of the members of the Commission, an Administrative Law Judge, a hearing panel, or by one or more of the Commission's employees that shall have been duly designated by it to hold hearings. Presiding officers shall be referred to in these rules as simply "the Commission."12.2.2. The Commission has the duty to conduct full, fair and impartial hearings; to take appropriate action to avoid unnecessary delay in the disposition of proceedings, and to maintain order; and the Commission shall possess all powers necessary to that end, including the following: To administer oaths and affirmations; to issue subpoenas and to provide for other methods of discovery; to receive evidence and rule upon all objections and motions; and to take such other action as may be necessary and appropriate to the discharge of the Commission's duties, consistent with statutory authority and the rules, regulations and policies of the Commission.12.3. Parties. 12.3.1. Parties shall enter their appearances at the beginning of the hearing by giving their names and addresses in writing to the reporter who will include them in the record of the hearing. The Commission may also require appearances to be stated orally, so that the identities and interests of all parties present will be known to those at the hearing. Any further notice, pleading, or order in the matter which is required to be served upon parties to the proceeding may be served upon the attorney or representative of a party so represented and the service shall be effective as service upon the party.12.3.2. At hearing, all parties shall be entitled to enter appearances, introduce evidence, examine and cross-examine witnesses, make arguments, and generally participate in the conduct of the proceeding consistent with any Commission order issued in a particular case which otherwise limits participation.12.4. Protestant Participation. 12.4.1. Any person who is a protestant and who desires to participate in the proceeding by introducing evidence, examining and cross-examining witnesses, making arguments, and generally participating in the conduct of the proceedings consistent with any Commission order issued in a particular case which otherwise limits participation, may, within the discretion of the Commission, file a petition or move orally to do so prior to the close of the period for taking appearances. The Commission may, within its discretion, grant, deny or qualify the extent of participation by the protestant during the evidentiary proceeding and thereafter. This manner of participation does not give a protestant party status.12.5. Termination of party status. Notwithstanding any other provision of these rules pertaining to party status, and unless specifically authorized by the Commission for good cause shown, a person may lose party status if such person has failed to enter an appearance at any hearing in the manner as prescribed in Rule 12.3. The party status of any person failing to enter an appearance may terminate at the close of the period for taking of appearances unless otherwise ordered.
12.6. Intervention. 12.6.1. Any person having a legal interest in the subject matter of any hearing or investigation pending before the Commission may petition or move orally for leave to intervene in the proceeding. Unless the Commission establishes an intervention deadline by order, petitions and oral requests to intervene may be made prior to or at the time a case is called for hearing, but not thereafter except for good cause shown. Unless and until the Commission denies or otherwise limits intervention, once an individual or entity has filed with the Commission a petition for leave to intervene in a proceeding in accordance with this rule, that individual or entity is considered a party for the purposes of making filings with the Commission in accordance with Rule 4 and propounding discovery requests on other parties in accordance with Rule 13.6. If leave is granted, the intervenor then becomes a party to the proceeding with the right to have notice of and appear at the taking of testimony, to produce and cross-examine witnesses, and to be heard on the argument of the case. 12.6.1.a. The petition or motion shall disclose the name of the party intervening, the name, mailing and email addresses of the intervenor or his/her attorney, if any, as well as the West Virginia Bar ID Number of his/her attorney, if any, a clear and concise statement of the grounds for the proposed intervention, the position and interest of the petitioner or movant in the proceeding, and a concise statement of the relief desired. Leave will not be granted except on allegations reasonably pertinent to the issues already presented and which do not unduly broaden them.12.6.2. Service of petition. The original and twelve (12) copies of a petition for leave to intervene must be filed with the Executive Secretary.
12.6.3. Parties may file responses to petitions to intervene within ten (10) days of the date a petition was filed, but the Commission may act on a petition to intervene without awaiting the expiration of the response time.12.6.4. Special intervention. 12.6.4.a. Any person, other than the original parties to the proceeding, who desires to appear and participate in any proceeding before the Commission, and who desires to broaden the issues of the original proceeding, shall petition in writing for leave to intervene in the proceeding. Unless otherwise ordered by the Commission, the petition shall be filed with the Commission and copies thereof shall be served on all known parties of record at least ten (10) days prior to the date of the hearing. The petition shall contain the information required by these rules. The petition shall have attached a properly verified complaint or answer, as the case may be, setting forth clearly and concisely the facts supporting the relief sought.12.6.4.b. The Commission will afford the original parties the opportunity to be heard on special intervention petitions prior to or at a hearing. If it appears, after consideration, that the petition discloses a substantial interest in the subject matter of the hearing, or that participation of the petitioner may be in the public interest, the Commission may grant the petition by order or oral ruling at the hearing. Thereafter the petitioner shall be a party to the proceeding and shall be known as an "intervenor" with the same rights as other parties to the proceeding.12.6.5. Limitations of intervention. When two or more intervenors have substantially similar interests and positions, the Commission may, in order to expedite the hearing, limit the number of parties who may cross-examine, make and argue motions, or object on behalf of such intervenors.
12.7. Representation of parties and practice before Commission. Except as provided in Rule 4, representation or appearance of parties in all formal proceedings pending before the Commission shall be only by attorneys at law admitted to practice before the Courts of this State, before the Courts of last resort of other states, or before the Supreme Court of the United States; provided that attorneys appearing before the Commission who are not licensed to practice in West Virginia shall have sought and obtained permission to practice before the Commission in compliance with Rule 8.0 of the Rules for Admission to the Practice of Law of the State of West Virginia; provided, however, that an individual may appear for and represent himself, or a partner may represent his partnership, upon permission granted in the discretion of the Commission.
12.8. Notice. Following the entry of appearances, all notice, pleadings and orders thereafter served shall be served upon such attorneys, representatives or parties of record, as defined in these rules, entering an appearance, and such service shall be considered valid service for all purposes upon the party represented.
12.9. Continuance of hearings. After the Commission has set the date for hearing the Commission will not grant continuances except for good and sufficient cause. A party who desires a continuance shall, immediately upon receipt of notice of the hearing, or as soon thereafter as facts requiring such continuance come to his knowledge, file a written motion with the Commission stating in detail the reasons why a continuance is necessary. The motion shall be filed at least five (5) days prior to the date of hearing. In cases of hardship or other good cause a party may by oral motion move for a continuance at the time the proceeding is called for hearing. The Commission may grant such a continuance and may at any time order a continuance upon its own motion.
12.10. Failure to appear. When any proceeding has been properly set for hearing and due notice given and any applicant, petitioner or complainant fails to appear without having obtained a continuance in the manner specified above, the Commission may dismiss the petition, application, or complaint with or without prejudice or may upon good cause shown, recess a hearing for a further period to be set by the Commission to enable the absent party to attend.
12.11. Conduct at hearings. All parties to hearings, their counsel, and spectators shall conduct themselves in a respectful manner. Demonstrations of any kind at hearings shall not be permitted. The Commission may, at its discretion, recess or continue a hearing in which the parties, attorneys, witnesses or spectators, conduct themselves in a disrespectful, disorderly or contemptuous manner which interferes with or prevents the proper conduct of the hearing.
12.12. Consolidated hearings. The Commission, upon its own motion, or upon motion by any party, may order two or more proceedings involving a similar question of law or fact to be consolidated for hearing where the rights of the parties or the public interest will not be prejudiced by such procedure.
12.13. Transcripts. 12.13.1. One copy of the transcript of testimony will be furnished by the Commission to each party to a proceeding, unless otherwise ordered.12.13.2. Additional copies of transcripts of testimony may be obtained by any party in interest from the Executive Secretary by paying a rate to be determined by the party requiring the same and the reporter, but in no event to exceed the maximum rate stated in the then-current contract between the Commission and the reporter. Persons desiring extra copies of the transcripts of testimony shall make request therefore to the Executive Secretary of the Commission at the time of hearing.W. Va. Code R. § 150-1-12