Rules of Evidence
The rules of evidence as applied in civil cases in the circuit courts of West Virginia will govern evidentiary hearings before the Board in accordance with West Virginia Code §29A-5-2.
Rules of Procedure
While the differences in the functions of the courts and administrative boards preclude the "wholesale transportation" of the Rules of Civil Procedure into the hearings before the Board, some rules must be utilized to manage board hearings. Thus, as a matter of policy and to assure fairness, the appropriate Rules of Civil Procedure will guide the appeals process before the Board.
Ex Parte Contacts
An ex parte contact is an oral or written communication with the Board or its staff regarding the merits of an appeal or motion which is not on the record in the proceeding and which is made without notice to and in the absence of the other party or parties. Such ex parte contacts are prohibited and any such communication will not be considered in the determination of an appeal.