W. Va. Code R. § 150-38-18

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-38-18 - Format and content of complaints

A formal complaint shall contain:

18.1. The name of each complainant and defendant;

18.2. The occupation, address and telephone number of each complainant and, to the extent known, each defendant;

18.3. The name, address, telephone number, email address and West Virginia Bar identification number of complainant's attorney, if represented by counsel;

18.4. Citation to the section of the Pole Attachment Act or Commission rule or order alleged to have been violated; each such alleged violation shall be stated in a separate count;

18.5. Legal analysis relevant to the claims and arguments set forth therein;

18.6. The relief sought, including recovery of damages and the amount of damages claimed, if known;

18.7. Certification that the complainant has, in good faith, discussed or attempted to discuss the possibility of settlement with each defendant prior to the filing of the formal complaint. In disputes between businesses, associations, or other organizations, the certification shall include a statement that the complainant has engaged or attempted to engage in executive-level discussions concerning the possibility of settlement. Executive-level discussions are discussions among representatives of the parties who have sufficient authority to make binding decisions on behalf of the entity they represent regarding the subject matter of the discussions. Such certification shall include a statement that, prior to the filing of the complaint, the complainant notified each defendant in writing of the allegations that form the basis of the complaint and invited a response within a reasonable period of time. A refusal by a defendant to engage in discussions contemplated by this rule may constitute an unreasonable practice. The certification shall also include a brief summary of all additional steps taken to resolve the dispute prior to the filing of the formal complaint;

18.8. A statement explaining whether a separate action has been filed with the Commission, any court, or other government agency that is based on the same claim or same set of facts, in whole or in part, or whether the complaint seeks prospective relief identical to the relief proposed or at issue in a notice-and-comment rulemaking proceeding that is concurrently before the Commission;

18.9. An information designation containing:

18.9.1. The name and, if known, the address and telephone number of each individual likely to have information relevant to the proceeding, along with the subjects of that information, excluding individuals otherwise identified in the complaint or exhibits thereto, and individuals employed by another party; and

18.9.2. A copy, or a description by category and location, of all relevant documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control, excluding documents submitted with the complaint.

W. Va. Code R. § 150-38-18