W. Va. R. Law. Disciplinary P. 2.8

(a) When it is evident on the face of a complaint that it is frivolous or patently unfounded or if, after investigation, the complaint is unfounded or does not state proper or sufficient grounds for the exercise of the jurisdiction of the Lawyer Disciplinary Board, the Office of Disciplinary Counsel may, with the approval of the Chairperson of the Investigative Panel or his or her designee, issue a brief explanatory statement in support of its decision to close the complaint. If issued, a copy of the brief explanatory statement shall be provided to the respondent.

(b) As to all other complaints received and investigations conducted by the Office of Disciplinary Counsel, a written report may be filed with the Investigative Panel. The report may recommend whether the Office of Disciplinary Counsel believes there is probable cause to formally charge the lawyer with a violation of the Rules of Professional Conduct. The report may include a copy of any written response by the lawyer, together with a list of documents, affidavits, or other material that has been collected or submitted in connection with the complaint or investigation.