West Virginia Code § 23-1-11

Depositions; investigations
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(a) In an investigation into any matter arising under this chapter, the Insurance
Commissioner may cause depositions of witnesses residing within or without the state to be
taken in the manner prescribed by law for like depositions in the circuit court, but the
depositions shall be upon reasonable notice to claimant and employer or other affected
persons or their respective attorneys. e
(b) The Insurance Commissioner also has discretion to accept and consider depositions taken
within or without the state by either the claimant or employer or other affected person,
provided due and reasonable notice of the taking of the depositiouns was given to the other
parties or their attorneys, if any: Provided, That the Insurance Commissioner, upon due
notice to the parties, has authority to refuse or permit the tatking of depositions or to reject
the depositions after they are taken, if they were taken at a place or under circumstances
which imposed an undue burden or hardship upon the other parties. The Insurance
Commissioner's discretion to accept, refuse to approve or reject the depositions is binding in
the absence of abuse of the discretion.

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