(a) Any vacancy occurring in the offices of Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, or in any office created or made elective to be filled by the voters of the entire state, is filled by the Governor of the state by appointment and subsequent election to fill the remainder of the term, if required by §3‑10‑1 of this code. The Governor shall make the appointment from a list of three legally qualified persons submitted by the party executive committee of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred. The list of qualified persons to fill the vacancy shall be submitted to the Governor within 15 days after the vacancy occurs, and the Governor shall duly make his or her appointment to fill the vacancy from the list of legally qualified persons within five days after the list is received. If the list is not submitted to the Governor within the 15‑day period, the Governor shall appoint, within five days thereafter, a legally qualified person of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time the vacancy occurred: Provided, That the provisions of this subsection do not apply to §3‑10‑3(b), §3‑10‑3(c), §3‑10‑3(d), and §3‑10‑3(e) of this code.

(b) Any vacancy occurring in the offices of Justice of the Supreme Court of Appeals, judge of the Intermediate Court of Appeals, judge of a circuit court, or judge of a family court is filled by the Governor of the state by appointment and, if the unexpired term be for a period of more than two years, by a subsequent election to fill the remainder of the term, as required by §3‑10‑3(d) of this code. If an election is required under §3‑10‑3(d) of this code, the Governor, circuit court, or the chief judge thereof in vacation, is responsible for the proper proclamation by order and notice required by §3‑10‑1 of this code.

(c) Any vacancy in the office of magistrate is appointed according to the provisions of §50‑1‑6 of this code, and, if the unexpired term be for a period of more than two years, by a subsequent election to fill the remainder of the term, as required by §3‑10‑3(d) of this code.

(d) (1) When the vacancy in the office of Justice of the Supreme Court of Appeals, judge of the Intermediate Court of Appeals, judge of the circuit court, judge of a family court, or magistrate occurs after the 84th day before a general election, and the affected term of office ends on December 31 following the succeeding general election two years later, the person appointed to fill the vacancy shall continue in office until the completion of the term.

(2) When the vacancy occurs before the close of the candidate filing period for the primary election, and if the unexpired term be for a period of greater than two years, the vacancy shall be filled by election in the nonpartisan judicial election held concurrently with the primary election and the appointment shall continue until a successor is elected and certified.

(3) When the vacancy occurs after the close of candidate filing for the primary election and not later than 84 days before the general election, and if the unexpired term be for a period of greater than two years, the vacancy shall be filled by election in a nonpartisan judicial election held concurrently with the general election, and the appointment shall continue until a successor is elected and certified.

(e) When an election to fill a vacancy is required to be held at the general election, according to the provisions of §3‑10‑3(d) of this code, a special candidate filing period shall be established. Candidates seeking election to any unexpired term for Justice of the Supreme Court of Appeals, judge of the Intermediate Court of Appeals, judge of a circuit court, judge of the family court, or magistrate shall file a certificate of announcement and pay the filing fee no earlier than the first Monday in August and no later than 77 days before the general election.

(a) The Judicial Vacancy Advisory Commission shall assist the Governor in filling judicial vacancies. The commission shall meet and submit a list of no more than five nor less than two of the most qualified persons to the Governor within 90 days of the occurrence of a vacancy, or the formal announcement of the justice or judge by letter to the Governor of an upcoming resignation or retirement that will result in the occurrence of a vacancy, in the office of Justice of the Supreme Court of Appeals, judge of the Intermediate Court of Appeals, judge of a circuit court, or judge of a family court. The Governor shall make the appointment to fill the vacancy, as required by this article, within 30 days following the receipt of the list of qualified candidates or within 30 days following the vacancy, whichever occurs later.

(b) The commission shall consist of eight appointed members appointed by the Governor for six‑year terms, including four public members and four attorney members. The Governor shall appoint attorney members from a list of nominees provided by the Board of Governors of the West Virginia State Bar. The Board of Governors of the West Virginia State Bar shall nominate no more than 20 nor less than 10 of the most qualified attorneys for appointment to the commission whenever there is a vacancy in the membership of the commission reserved for attorney members. The commission shall choose one of its appointed members to serve as chair for a three‑year term. No more than four appointed members of the commission shall belong to the same political party. All members of the commission shall be citizens of this state. Public members of the commission may not be licensed to practice law in West Virginia or any other jurisdiction.

(c) (1) No more than two appointed members of the commission may be residents of the same state senatorial district, as provided in §1‑2‑1 of this code, at the time of appointment: Provided, That the members appointed to, and serving on, the commission prior to the enactment of this subdivision are not disqualified from service for the remainder of the member’s term based on the residency requirements of this subdivision.

(2) No more than three appointed members of the commission may be residents of the same congressional district: Provided, That, if the number of congressional districts in the state is reduced to two, then no more than four appointed members of the commission may be residents of the same congressional district: Provided, however, That the members appointed to, and serving on, the commission prior to the date on which the number of congressional districts in the state is reduced to two are not disqualified from service for the remainder of the member’s term based on the residency requirements of this subdivision.

(d) The Governor, or his or her designee, the President of the West Virginia State Bar, and the Dean of the West Virginia University College of Law shall serve as ex officio members of the commission.

(e) Members of the commission shall serve without compensation, except that commission members are entitled to reimbursement of travel and other necessary expenses actually incurred while engaged in official commission activities in accordance with the guidelines of the Travel Management Office of the Department of Administration, or its successor entity. The Governor’s Office shall cooperate with the commission to ensure that all resources necessary to carrying out the official duties of the commission are provided, including staff assistance, equipment, and materials.

(f) The commission shall adopt written policies that formalize and standardize all operating procedures and ethical practices of its members, including, but not limited to, procedures for training commission members, publishing notice of judicial vacancies, recruiting qualified individuals for consideration by the commission, receiving applications from qualified individuals, notifying the public of judicial vacancies, notifying state or local groups and organizations of judicial vacancies, and soliciting public comment on judicial vacancies. The written policies of the commission are not subject to the provisions of chapter 29A of this code but shall be filed with the Secretary of State.

(g) A majority of the commission plus one shall constitute a quorum to do business.

(h) All organizational meetings of the commission shall be open to the public and subject to the requirements of §6‑9A‑1 et seq. of this code. An “organizational meeting” means an initial meeting to discuss the commission’s procedures and requirements for a judicial vacancy. The commission shall hold at least one organizational meeting upon the occurrence of a judicial vacancy. All other meetings of the commission are exempt from §6‑9A‑1 et seq. of this code.

(i) The commission shall make available to the public copies of any applications and any letters of recommendation written on behalf of any applicants. All other documents or materials created or received by the commission shall be confidential and exempt from the provisions of chapter 29B of this code, except for the list of the most qualified persons or accompanying memoranda submitted to the Governor in accordance with the provisions of subsection (j) of this section, which shall be available for public inspection, and the written policies required to be filed with the Secretary of State in accordance with subsection (f) of this section.

(j) The commission shall submit its list of the most qualified persons to the Governor in alphabetical order. A memorandum may accompany the list of the most qualified persons and state facts concerning each of the persons listed. The commission shall make copies of any list of the most qualified persons and accompanying memoranda it submits to the Governor available for public inspection.

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 2D. CERTIFICATE OF NEED.

§16‑2D‑16a. Transfer of appellate jurisdiction to Intermediate Court of Appeals.

§23‑1‑1h. Powers and duties of Office of Judges transferred to Board of Review; definition of certain terms effective January 1, 2023.

(a) Notwithstanding any other provision of this code, with regard to an objection, protest, or any other decision issued after December 31, 2022, all powers and duties of the Workers’ Compensation Office of Administrative Law Judges, as provided in this chapter, shall be transferred to the Workers’ Compensation Board of Review.

(b) Notwithstanding any other provision of this code, the West Virginia Intermediate Court of Appeals has exclusive appellate jurisdiction over the following matters:

(1) Decisions or orders issued by the Office of Judges after December 31, 2022 and prior to its termination; and

(2) Decisions of the Workers’ Compensation Board of Review, issued after December 31, 2022, as provided in §23‑5‑8a and §51‑11‑1 et seq. of this code.

(c) Unless the context clearly indicates a different meaning, effective January 1, 2023, the following terms shall have the following meanings for the purposes of this chapter, except when used in §23‑5‑1 et seq. of this code:

(1) “Administrative law judge” means a member of the Workers’ Compensation Board of Review, or a hearing examiner designated by the board of review as authorized in §23‑5‑1 et seq. of this code;

(2) “Office of judges” means the “Workers’ Compensation Board of Review”; and

(3) “Workers’ Compensation Board of Review” or “board of review” when used in reference to an appeal of a board of review decision, means the West Virginia Intermediate Court of Appeals, created by §51‑11‑1 et seq. of this code.

ARTICLE 5. REVIEW.

§23‑5‑1. Notice by commission or self‑insured employer of decision; procedures on claims; objections and hearing.

(a) The Insurance Commissioner, private carriers, and self‑insured employers may determine all questions within their jurisdiction. In matters arising under §23‑2C‑8(c), and under §23‑3‑1 et seq. and §23‑4‑1 et seq. of this code, the Insurance Commissioner, private carriers, and self‑insured employers, whichever is applicable, shall promptly review and investigate all claims. The parties to a claim are the claimant and, if applicable, the claimant’s ~~dependants~~ dependents, ~~and~~ the employer, and, with respect to claims involving funds created in §23‑2C‑1 et seq. of this code for which he or she has been designated the administrator, the Insurance Commissioner. In claims in which the employer had coverage on the date of the injury or last exposure, the employer’s carrier has sole authority to act on the employer’s behalf in all aspects related to litigation of the claim. With regard to any issue which is ready for a decision, the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, shall promptly send the decision to all parties, including the basis of its decision. As soon as practicable after receipt of any occupational pneumoconiosis or occupational disease claim or any injury claim in which temporary total benefits are being claimed, the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, shall send the claimant a brochure approved by the Insurance Commissioner setting forth the claims process.

(b) (1) Except with regard to interlocutory matters, upon making any decision, upon making or refusing to make any award, or upon making any modification or change with respect to former findings or orders, as provided by §23‑4‑16 of this code, the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, shall give notice, in writing, to the parties to the claim of its action. The notice shall state the time allowed for filing ~~a protest~~ an objection to the finding. The action of the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, is final unless an objection to the decision is ~~protested~~ properly filed within 60 days after the receipt of such decision ~~unless a protest is filed within the 60 day period~~, the finding or action is final. This time limitation is a condition of the right to litigate the finding or action and hence jurisdictional. ~~Any protest~~ Any objection shall be filed with the ~~Office of Judges~~ Workers’ Compensation Board of Review, as provided in §23‑5‑8 and §23‑5‑8a of this code, with a copy served upon the parties to the claim, and other parties in accordance with the procedures set forth in §23‑5‑8 and §23‑5‑9 of this code. An employer may ~~protest~~ file an objection to a ~~decisions~~ decision incorporating findings made by the Occupational Pneumoconiosis Board, decisions made by the Insurance Commissioner acting as administrator of claims involving funds created in §23‑2C‑1 et seq. of this code, or decisions entered pursuant to §23‑4‑7a(c)(1) of this code.

(2) (A) With respect to every application for benefits ~~filed on or after July 1, 2008,~~ in which an objection to a decision to deny benefits is ~~protested~~ filed and the matter involves an issue as to whether the application was properly filed as a new claim or a reopening of a previous claim, the party that denied the application shall begin to make conditional payment of benefits and must promptly give notice to the ~~Office of Judges~~ Workers’ Compensation Board of Review that another identifiable person may be liable. The ~~Office of Judges~~ Workers’ Compensation Board of Review shall promptly order the appropriate persons be joined as parties to the proceeding: Provided, That at any time during a proceeding in which conditional payments are being made in accordance with the provisions of this subsection, the ~~Office of Judges~~ Workers’ Compensation Board of Review may, pending final determination of the person properly liable for payment of the claim, order that such conditional payments of benefits be paid by another party.

(B) Any conditional payment made pursuant to paragraph (A) of this subdivision shall not be deemed an admission or conclusive finding of liability of the person making such payments. When the ~~administrative law judge~~ Workers’ Compensation Board of Review has made a determination as to the party properly liable for payment of the claim, ~~he or she~~ the Board of Review shall direct any monetary adjustment or reimbursement between or among the Insurance Commissioner, private carriers, and self‑insured employers as is necessary.

(c) ~~The Office of Judges~~ The member of the Workers’ Compensation Board of Review assigned to an objection, as provided in §23‑5‑9(b) of this code, may direct that:

(1) An application for benefits be designated as a petition to reopen, effective as of the original date of filing;

(2) A petition to reopen be designated as an application for benefits, effective as of the original date of filing; or

(3) An application for benefits or petition to reopen filed with the Insurance Commissioner, private carrier, or self‑insured employer be designated as an application or petition to reopen filed with another private carrier, self‑insured employer, or Insurance Commissioner, effective as of the original date of filing.

(d) Where an employer ~~protests~~ files an objection to a written decision entered pursuant to a finding of the Occupational Pneumoconiosis Board, a decision on a claim made by the Insurance Commissioner acting as the administrator of a fund created in §23‑2C‑1 et seq. of this code, or decisions entered pursuant to §23‑4‑7a(c)(1) of this code, and the employer does not prevail in its ~~protest~~ objection, and in the event the claimant is required to attend a hearing by subpoena, or agreement of counsel, or at the express direction of the ~~Office of Judges~~ Workers’ Compensation Board of Review, then the claimant, in addition to reasonable traveling and other expenses, shall be reimbursed for loss of wages incurred by the claimant in attending the hearing.

(e) The Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, may amend, correct, or set aside any order or decision on any issue entered by it which, at the time of issuance or any time after that, is discovered to be defective, or clearly erroneous, or the result of mistake, clerical error, or fraud, or with respect to any order or decision denying benefits, otherwise not supported by the evidence: ~~but~~ Provided, That any ~~protest~~ objection filed prior to entry of the amended decision is ~~a protest from~~ an objection to the amended decision unless and until the ~~administrative law judge before whom the matter is pending~~ Workers’ Compensation Board of Review enters an order dismissing the ~~protest~~ objection as moot in light of the amendment. Jurisdiction to issue an amended decision pursuant to this subsection continues until the expiration of two years from the date of a decision to which the amendment is made unless the decision is sooner affected by an action of ~~an administrative law judge~~ the Workers’ Compensation Board of Review or ~~other~~ a judicial officer or body: Provided, however, That corrective actions in the case of fraud may be taken at any time.

(f) The amendments to this section made during the 2020 regular session of the Legislature become effective on January 1, 2023.

§23‑5‑8. ~~Designation of~~ Transfer of powers and duties of the Office of Administrative Law Judges to the Workers’ Compensation Board of Review; powers of ~~chief administrative law judge~~ the Workers’ Compensation Board of Review in relation to review of objections.

(a) The Workers’ Compensation Office of Administrative Law Judges previously created pursuant to chapter twelve, acts of the Legislature, 1990, second extraordinary session, is hereby continued and designated to be an integral part of the workers’ compensation system of this state. ~~The Office of Judges shall be under the supervision of a chief administrative law judge who shall be appointed by the Governor with the advice and consent of the Senate.~~

(a) The Workers’ Compensation Office of Administrative Law Judges, referred to as the Office of Judges, shall terminate on or before April 1, 2023 as provided in §23‑5‑8a of this code. All powers and duties of the Office of Judges to review objections, protests, or any other matter authorized by this chapter, shall be transferred to the Workers’ Compensation Board of Review on January 1, 2023: Provided, That any objection or other matter filed pursuant to this chapter and pending before the Office of Judges upon its termination, in which a final decision has not been issued, shall also be transferred to the Workers’ Compensation Board of Review as provided in §23‑5‑8a of this code.

(b) The chief administrative law judge shall be a person who has been admitted to the practice of law in this state and shall also have had at least four years of experience as an attorney. The chief administrative law judge’s salary shall be set by the workers’ compensation board of managers. The salary shall be within the salary range for comparable chief administrative law judges as determined by the state Personnel Board created by section six, article six, chapter twenty‑nine of this code. The chief administrative law judge may only be removed by a vote of two‑thirds of the members of the Workers’ Compensation Board of managers. Upon transfer of the office of judges to the Insurance Commissioner, the chief administrative law judge shall continue to serve as chief administrative law judge until December 31, 2007. Thereafter, appointments of the chief administrative law judge shall be for terms of four years beginning January 1, 2008, and the chief administrative law judge may be removed only for cause by the vote of four members of the Industrial Council. No other provision of this code purporting to limit the term of office of any appointed official or employee or affecting the removal of any appointed official or employee is applicable to the chief administrative law judge.

~~(c)~~ (b) ~~The chief administrative law judge~~ Pursuant to §23‑5‑11(n) of this code, the Workers’ Compensation Board of Review shall employ ~~administrative law judges~~ hearing examiners and other personnel that are necessary for the proper conduct of a system of administrative review of ~~orders issued by the Workers’ Compensation Commission which orders have been objected to by a party~~ objections to decisions of the Insurance Commissioner, private carriers, and self‑insured employers, whichever is applicable, made pursuant to the provisions of §23‑5‑1 of this code and issued after December 31, 2022. The employees shall be in the classified service of the state. Qualifications, compensation and personnel practice relating to the employees of the office of judges other than the chief administrative law judge shall be governed by the provisions of this code and rules of the classified service pursuant to §29‑6‑1 ~~et seq.~~ ~~of this code. All additional administrative law judges~~ All hearing examiners hired by the Workers’ Compensation Board of Review shall be persons who have been admitted to the practice of law in this state and shall also have had at least ~~two~~ four years of experience as an attorney. The ~~chief administrative law judge~~ chair of the Workers’ Compensation Board of Review shall supervise ~~the other administrative law judges~~ hearing examiners and other personnel of the board, which collectively shall be referred to in this chapter as the ~~office of judges~~ Workers’ Compensation Board of Review.

(d) The administrative expense of the office of judges shall be included within the annual budget of the Workers’ Compensation Commission and, upon termination of the commission, the Insurance Commissioner.

(e) The office of judges shall, from time to time, promulgate rules of practice and procedure for the hearing and determination of all objections to findings or orders of the office of judges. The office of judges shall not have the power to initiate or to promulgate legislative rules as that phrase is defined in §29A‑3‑1 ~~et seq.~~ ~~of this code.~~ Any rules adopted pursuant to this section which are applicable to the provisions of this article are not subject to sections nine through sixteen, inclusive, article three, chapter twenty‑nine‑a of this code. ~~The office of judges shall follow the remaining provisions of chapter 29A of this code for giving notice to the public of its actions and the holding of hearings or receiving of comments on the rules.~~

~~(f)~~ (c) The ~~chief administrative law judge~~ Workers’ Compensation Board of Review has the power to hear and determine all ~~disputed claims~~ objections in accordance with the provisions of this article, establish a procedure for the hearing of ~~disputed claims~~ objections, take oaths, examine witnesses, issue subpoenas, establish the amount of witness fees, keep records, and make reports that are necessary for ~~disputed claims~~ reviewing objections, and exercise any additional powers, including the delegation of powers to ~~administrative law judges or~~ hearing examiners that are necessary for the proper conduct of a system of administrative review of ~~disputed claims~~ objections. The chair of the Workers’ Compensation Board of Review shall make reports that are requested of him or her by the ~~workers’ compensation board of managers~~ Insurance Commissioner.

~~(g)~~ (d) Effective upon termination of the ~~commission~~ Office of Judges, the office of judges and the board of review shall be transferred to the Insurance Commissioner, which shall have the oversight and administrative authority heretofore provided to the executive director and the board of managers the Insurance Commissioner shall have oversight and administrative authority over the Workers’ Compensation Board of Review as heretofore provided to the Insurance Commissioner over the Office of Judges.

(e) The amendments to this section made during the 2020 regular session of the Legislature become effective on January 1, 2023.

§23‑5‑8a. Transfer of jurisdiction to review objections to Workers’ Compensation Board of Review; termination of Office of Judges; appeals of board decisions to Intermediate Court of Appeals.

(a) The Office of Judges has no jurisdiction to review objections to a decision of the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, made pursuant to the provisions of this chapter and issued after December 31, 2022. The Workers’ Compensation Board of Review has exclusive jurisdiction to review objections to a decision of the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, made pursuant to the provisions of this chapter and issued after December 31, 2022.

(b) On or before March 31, 2023, the Office of Judges shall issue a final decision in, or otherwise dispose of, each and every objection or other matter pending before the Office of Judges according to the procedure and requirements for such appeals heretofore provided in this article. If the Office of Judges does not issue a final decision or otherwise dispose of any objection or other matter pending before the Office of Judges on or before March 31, 2023, the objection or other matter shall be transferred to the Workers’ Compensation Board of Review. For any objections transferred from the Office of Judges to the Workers’ Compensation Board of Review, the board of review shall adopt any existing records of proceedings in the Office of Judges, conduct further proceedings and collect evidence as it determines to be necessary, and issue a final decision or otherwise dispose of the case according to the procedural rules promulgated pursuant to §23‑5‑11(m) of this code.

(c) Upon the Office of Judges’ disposition of every matter pending before the office, or on April 1, 2023, whichever occurs earlier, the Office of Judges is terminated.

(d) The West Virginia Intermediate Court of Appeals, created in §51‑11‑1 et seq. of this code, has exclusive appellate jurisdiction over the following:

(1) Decisions or orders issued by the Office of Judges after December 31, 2022 and prior to its termination; and

(2) All final orders or decisions issued by the Workers’ Compensation Board of Review after December 31, 2022.

§23‑5‑9. Hearings on objections to Insurance Commissioner; private carrier or self‑insured employer decisions; mediation; remand.

(a) Objections to a decision of the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, made pursuant to the provisions of §23‑5‑1 of this code, shall be filed with the ~~office of judges~~ Workers’ Compensation Board of Review. Upon receipt of an objection, the ~~office of judges~~ Workers’ Compensation Board of Review shall notify the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, and all other parties of the filing of the objection. The ~~office of judges~~ Workers’ Compensation Board of Review shall establish by rule, promulgated in accordance with the provisions of ~~§23‑5‑8(e)~~ §23‑5‑11(m) of this code, an adjudicatory process that enables parties to present evidence in support of their positions and provides an expeditious resolution of the objection. The employer, the claimant, the Insurance Commissioner, the private carrier, or the self‑insured employer, whichever ~~are~~ is applicable, shall be notified of any hearing at least 10 days in advance. ~~The office of judges shall review and amend, or modify, as necessary, its procedural rules by July 1, 2007.~~

(b) The chair of the Workers’ Compensation Board of Review shall assign, on a rotating basis, a member of the board of review to preside over the review process and issue a decision in each objection that is properly filed with the board of review. The member of the Workers’ Compensation Board of Review assigned to an objection shall review evidence, conduct proceedings, and develop a record as is necessary for a full and thorough review of the objection: Provided, That the board member may delegate such duties to a hearing examiner employed by the board of review, pursuant to §23‑5‑8 and §23‑5‑11(n) of this code: Provided, however, That any order or decision of the board of review must be issued and signed by the member of the Board assigned to the objection, as provided in subsection (e) of this section: Provided further, That a time frame order, continuance order, show cause order, failure to prosecute order, or other interlocutory order as permitted by the Workers’ Compensation Board of Review’s procedural rules may be issued and signed by a hearing examiner only, and is not subject to the general requirement that orders be issued and signed by a member of the board.

~~(b)~~ (c) The ~~office of judges~~ Workers’ Compensation Board of Review shall establish a program for mediation to be conducted in accordance with the requirements of Rule 25 of the West Virginia Trial Court Rules. The parties may agree that the result of the mediation is binding. A case may be referred to mediation by ~~the administrative law judge~~ the board of review member assigned to the objection on his or her own motion, on motion of a party, or by agreement of the parties. Upon issuance of an order for mediation, the ~~office of judges~~ Workers’ Compensation Board of Review shall assign a mediator from a list of qualified mediators maintained by the West Virginia State Bar.

~~(c)~~ (d) The ~~office of judges~~ Workers’ Compensation Board of Review shall keep full and complete records of all proceedings concerning ~~a disputed claim~~ an objection. Subject to the rules of practice and procedure promulgated pursuant to ~~§23‑5‑8(e)~~ §23‑5‑11(m) of this code, the record upon which the matter shall be decided shall include any evidence submitted by a party to the ~~office of judges~~ Workers’ Compensation Board of Review and evidence taken at hearings conducted by the ~~office of judges~~ board of review. The record may include evidence or documents submitted in electronic form or other appropriate medium in accordance with the rules of practice and procedure. The ~~office of judges~~ Workers’ Compensation Board of Review is not bound by the usual common law or statutory rules of evidence.

~~(d)~~ (e) All hearings shall be conducted as determined by the ~~chief administrative law judge~~ Workers’ Compensation Board of Review ~~pursuant~~ according to the rules of practice and procedure promulgated pursuant to ~~section eight of this article~~ §23‑5‑11(m) of this code. If a hearing examiner reviews an objection, the hearing examiner shall, at the conclusion of the review process, submit the designated record to the member of the Workers’ Compensation Board of Review to whom the objection is assigned, along with the hearing examiner’s recommendation of a decision affirming, reversing, or modifying the action that was subject to the objection. Upon consideration of the designated record and, if applicable, the recommendation of the hearing examiner, the ~~chief administrative law judge or other authorized adjudicator within the office of judges~~ member of the Workers’ Compensation Board of Review assigned to the objection shall, based on the determination of the facts of the case and applicable law, render a decision affirming, reversing, or modifying the action ~~protested~~ that was subject to the objection. The decision shall contain findings of fact and conclusions of law, shall be signed by the member of the Workers’ Compensation Board of Review rendering the decision, and shall be mailed to all parties.

~~(e)~~ (f) The ~~office of judges~~ Workers’ Compensation Board of Review may remand a claim to the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, for further development of the facts or administrative matters as, in the opinion of the ~~administrative law judge~~ member of the board of review assigned to the objection, may be necessary for a full and complete disposition of the case. The ~~administrative law judge~~ member of the Workers’ Compensation Board of Review assigned to the objection shall establish a time within which the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, must report back to the ~~administrative law judge~~ board of review.

~~(f)~~ (g) The decision of the ~~office of judges~~ Workers’ Compensation Board of Review regarding any objections to a decision of the Insurance Commissioner, private carrier, or self‑insured employer, whichever is applicable, is final, and benefits shall be paid or denied in accordance with the decision, unless an order staying the payment of benefits is specifically entered by ~~the Workers’ Compensation Board of Review, created in §23‑5‑11 of this code~~ a court with appellate jurisdiction over the decision or by the ~~administrative law judge~~ member of the board of review who granted the benefits. No A stay with respect to any medical treatment or rehabilitation authorized by the ~~office of judges~~ Workers’ Compensation Board of Review may not be granted. If the decision is subsequently appealed and reversed in accordance with the procedures set forth in this article, and any overpayment of benefits occurs as a result of ~~such~~ the reversal, ~~any such~~ the overpayment may be recovered pursuant to the provisions of §23‑4‑1c(h) or §23‑4‑1d(d) of this code, as applicable.

~~(a) On January 31, 2004, the Workers’ Compensation Appeal Board heretofore established in this section is hereby abolished.~~

~~(b)~~ (a) ~~There is created the~~ The Workers’ Compensation Board of Review, which may also be referred to as the “board of review” or the “board”, is continued and granted ~~Effective February 1, 2004, the board of Review shall exercise~~ exclusive jurisdiction over all ~~appeals from the Workers’ Compensation Office of Judges~~ objections to decisions of the Insurance Commissioner, private carriers, and self‑insured employers, whichever is applicable, including any and all ~~appeals~~ matters pending ~~with the board of Appeals on January 31, 2004~~ before the Office of Judges after March 31, 2023.

~~(c)~~ (b) The board of review consists of three members.

~~(d)~~ (c) The Governor shall appoint, from names submitted by the Workers’ Compensation Board of Review Nominating Committee, with the advice and consent of the Senate, three qualified attorneys to serve as members of the board of review. If the Governor does not select a nominee for any vacant position from the names provided by the nominating committee, he or she shall notify the nominating committee of that circumstance, and the committee shall provide additional names for consideration by the Governor. A member of the board of review may be removed by the Governor for official misconduct, incompetence, neglect of duty, gross immorality, or malfeasance and then, only after notice and opportunity to respond and present evidence. No more than two of the members of the board may be of the same political party. The ~~members of the board of Review shall be paid an annual salary of $85,000: Provided, That on and after July 1, 2008 the~~ Governor shall set the salary of the members of the board: Provided, ~~however,~~ That the annual salary of a member of the board of review shall not exceed ~~$110,000~~ $125,000. Members are entitled to be reimbursed for actual and necessary travel expenses incurred in the discharge of official duties in a manner consistent with the guidelines of the Travel Management Office of the Department of Administration.

~~(e)~~ (d) The nominating committee consists of the following members: (1) The President of the West Virginia State Bar who serves as the chairperson of the committee; (2) an active member of the West Virginia State Bar Workers’ Compensation Committee, selected by the major trade association representing employers in this state; (3) an active member of the West Virginia State Bar Workers’ Compensation Committee, selected by the highest‑ranking officer of the major employee organization representing workers in this state; (4) the Dean of the West Virginia University School of Law; and (5) the Chairman of the Judicial Investigation Committee.

~~(f)~~ (e) The nominating committee is responsible for reviewing and evaluating candidates for possible appointment to the board of review by the Governor. In reviewing candidates, the nominating committee may accept comments from, and request information from, any person or source.

~~(g)~~ (f) Each member of the nominating committee may submit up to three names of qualified candidates for each position on the board of review: Provided, That the member of the nominating committee selected by the major trade organization representing employers of this state shall submit at least one name of a qualified candidate for each position on the board who either is, or who represents, small business employers of this state. After careful review of the candidates, the committee shall select a minimum of one candidate for each position on the board.

~~(h)~~ (g) Of the initial appointments, one member shall be appointed for a term ending December 31, 2006; one member shall be appointed for a term ending December 31, 2008; and one member shall be appointed for a term ending December 31, 2010. Thereafter, the appointments shall be for six‑year terms.

~~(i)~~ (h) A member of the board of review must, at the time he or she takes office and thereafter during his or her continuance in office, be a resident of this state, be a member in good standing of the West Virginia State Bar, have a minimum of 10 years’ experience as an attorney admitted to practice law in this state prior to appointment, and have a minimum of five years’ experience in preparing and presenting cases or hearing actions and making decisions on the basis of the record of those hearings before administrative agencies, regulatory bodies, or courts of record at the federal, state, or local level.

~~(j)~~ (i) No member of the board of review may hold any other office, or accept any appointment or public trust, nor may he or she become a candidate for any elective public office or nomination thereto. Violation of this subsection requires the member to vacate his or her office. No member of the Board of Review may engage in the practice of law during his or her term of office.

~~(k)~~ (j) A vacancy occurring on the board other than by expiration of a term shall be filled in the manner original appointments were made, for the unexpired portion of the term.

~~(l)~~ (k) The board shall designate one of its members in rotation to be chair of the board for as long as the board may determine by order made and entered of record. In the absence of the chair, any other member designated by the members present shall act as chair.

~~(m)~~ (l) The board of review shall meet as often as necessary to ~~hold review hearings~~ conduct the board’s administrative business and make rules of practice and procedure, at such times and places as the chair may determine. Two members shall be present in order to conduct ~~review hearings or other~~ administrative business and make rules of practice and procedure. All decisions of the board upon administrative matters, pursuant to this section, shall be determined by a majority of the members of the board.

~~(n)~~ (m) The board of review shall, ~~make general rules regarding the pleading, including the form of the petition and any responsive pleadings, practice and procedure to be used by the board~~ promulgate rules of practice and procedure for the review and determination of all objections filed with the board. The board does not have the power to initiate or to promulgate legislative rules as that phrase is defined in §29A‑3‑1 et seq. of this code. Any rules adopted pursuant to this section which are applicable to the provisions of this article are not subject to §29A‑3‑9 through §29A‑3‑16, inclusive, of this code. The board shall follow the remaining provisions of chapter 29A of this code for giving notice to the public of its actions and the holding of hearings or receiving of comments on the rules.

~~(o)~~ (n) The board of review may hire a clerk, hearing examiners, and other professional and clerical staff necessary to carry out the requirements of this article. It is the duty of the clerk of the Board of Review to attend in person, or by deputy, all the sessions of the board, to obey its orders and directions, to take care of and preserve in an office, kept for the purpose, all records and papers of the board and to perform other duties as prescribed by law or required of him or her by the board. All employees of the board serve at the will and pleasure of the board. The board’s employees are exempt from the salary schedule or pay plan adopted by the Division of Personnel: Provided, That for the purpose of any applicable Division of Personnel Class Specifications, hearing examiners must be within a class with “attorney” in the class title. All personnel of the board of review are under the supervision of the chair of the board of review.

(o) The administrative expenses of the board of review shall be included within the annual budget of the Insurance Commissioner, and the Insurance Commissioner shall have administrative authority and oversight over the board of review.

(p) The amendments to this section made during the 2020 regular session of the Legislature become effective on January 1, 2023: Provided, That the Board is authorized to promulgate rules and hire staff, pursuant to subsection (m) and (n) of this section, respectively, prior to January 1, 2023, to the extent necessary to comply with the requirements of this article that become effective on that date.

~~(p) If considered necessary by the board, the board may, through staffing or other resources, procure assistance in review of medical portions of decisions.~~

~~(q) Upon the conclusion of any hearing, or prior thereto with concurrence of the parties, the board shall promptly determine the matter and make an award in accordance with its determination.~~

~~(r) The award shall become a part of the commission file. A copy of the award shall be sent forthwith by mail to all parties in interest.~~

~~(s) The award is final when entered. The award shall contain a statement explaining the rights of the parties to an appeal to the board of Review and the applicable time limitations involved.~~

~~(t) The board shall submit to the Insurance Commissioner a budget sufficient to adequately provide for the administrative and other operating expenses of the board.~~

~~(u) The board shall report monthly to the Industrial Council on the status of all claims on appeal.~~

(v) Effective upon termination of the commission, the board of Review shall be transferred to The Insurance Commissioner which shall have the oversight and administrative authority heretofore provided to the executive director and the board of managers.

§23‑5‑12. Appeal to of board decisions to the Intermediate Court of Appeals; procedure; remand and supplemental hearing.

(a) Any employer, employee, claimant, or dependent who shall feel aggrieved ~~at any final action of the administrative law judge taken after a hearing held in accordance with the provisions of section nine of this article~~ by a decision of the Workers’ Compensation Board of Review shall have the right to appeal to ~~the board created in §23‑5‑11 of this code~~ the West Virginia Intermediate Court of Appeals, created by §51‑11‑1 et seq. of this code, for a review of such action. The ~~Workers’ Compensation Commission, the successor to the commission~~ Insurance Commissioner, other private insurance carriers, and self‑insured employers, whichever is applicable, shall likewise have the right to appeal to the ~~board~~ Intermediate Court of Appeals any final action taken by the ~~administrative law judge~~ Workers’ Compensation Board of Review. The aggrieved party shall file a written notice of appeal with the ~~board of review~~ Intermediate Court of Appeals, with a copy to the ~~office of judges~~ Workers’ Compensation Board of Review, within 30 days after receipt of notice of the action complained of or, in any event, regardless of notice, within 60 days after the date of the action complained of: ~~and~~ Provided, That unless the notice of appeal is filed within the time specified, no appeal shall be allowed: Provided, however, That the time limitation is a condition of the right to appeal and hence jurisdictional. The board shall notify the other parties immediately upon the filing of a notice of appeal. The notice of appeal shall state the ~~ground~~ grounds for review and whether oral argument is requested. The ~~office of judges~~ Workers’ Compensation Board of Review, after receiving a copy of the notice of appeal, shall forthwith make up a transcript of ~~the~~ any proceedings before the ~~office of judges~~ board of review and certify and transmit it to the ~~board~~ Intermediate Court of Appeals. The certificate shall incorporate a brief recital of the proceedings in the ~~case~~ matter and recite each order entered or decision issued and the date thereof.

(b) The ~~board~~ Intermediate Court of Appeals shall set a time and place for the hearing of arguments on each claim and shall notify the interested parties thereof. The review by the ~~board~~ court shall be based upon the record submitted to it and such oral argument as may be requested and received. The ~~board~~ Intermediate Court of Appeals may affirm, reverse, modify, or supplement the decision of the ~~administrative law judge~~ Workers’ Compensation Board of Review and make such disposition of the case as it determines to be appropriate. Briefs may be filed by the interested parties in accordance with the rules of procedure prescribed by the ~~board~~ court. The ~~board~~ Intermediate Court of Appeals may affirm the order or decision of the ~~administrative law judge~~ Workers’ Compensation Board of Review or remand the case for further proceedings. It shall reverse, vacate, or modify the order or decision of the ~~administrative law judge~~ Workers’ Compensation Board of Review, if the substantial rights of the petitioner or petitioners have been prejudiced because the ~~administrative law judge’s~~ board of review’s findings are:

(1) In violation of statutory provisions; or

(2) In excess of the statutory authority or jurisdiction of the ~~administrative law judge~~ board of review; or

(3) Made upon unlawful procedures; or

(4) Affected by other error of law; or

(5) Clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(c) After a review of the case, the ~~board~~ Intermediate Court of Appeals shall issue a written decision and send a copy by mail to the parties.

(1) All decisions, findings of fact, and conclusions of law of the ~~board of review~~ Intermediate Court of Appeals shall be in writing and state with specificity the laws and facts relied upon to sustain, reverse, or modify the ~~administrative law judge’s~~ board of review’s decision.

~~(2) Decisions of the board of review shall be made by a majority vote of the board of review.~~

~~(3)~~ (2) A decision of the ~~board of review~~ Intermediate Court of Appeals is binding upon ~~the~~ ~~executive director and the commission and the successor to the commission, other private insurance carriers, and self‑insured employers, whichever is applicable, with respect to~~ the parties involved in the particular appeal. The ~~executive director, the successor to the commission~~ Insurance Commissioner, other private insurance carriers, ~~and~~ self‑insured employers, employee, employees, claimant, or dependents, whichever is applicable, shall have the right to seek judicial review of a ~~board of review decision~~ final decision of the Intermediate Court of Appeals, pursuant to §51‑11‑13 of this code. ~~irrespective of whether or not he or she appeared or participated in the appeal to the board of review.~~

(d) Instead of affirming, reversing, or modifying the decision of the ~~administrative law judge~~ Workers’ Compensation Board of Review, the ~~board~~ Intermediate Court of Appeals may, upon motion of any party or upon its own motion, for good cause shown, to be set forth in the order of the ~~board~~ court, remand the case to the ~~chief administrative law judge~~ board of review for the taking of such new, additional, or further evidence as in the opinion of the ~~board~~ court ~~may be~~ court considers necessary for a full and complete development of the facts of the case. In the event the ~~board~~ Intermediate Court of Appeals shall remand the case to the ~~chief administrative law judge~~ Board of Review for the taking of further evidence, the ~~administrative law judge~~ Board of Review shall proceed to take new, additional, or further evidence in accordance with any instruction given by the ~~board~~ court within 30 days after receipt of the order remanding the case. The ~~chief administrative law judge~~ Workers’ Compensation Board of Review shall give to the interested parties at least 10 days’ written notice of the supplemental hearing, unless the taking of evidence is postponed by agreement of parties, or by the ~~administrative law judge~~ board of review for good cause. After the completion of a supplemental hearing, the ~~administrative law judge~~ Workers’ Compensation Board of Review shall, within 60 days, render ~~his or her~~ its decision affirming, reversing, or modifying the former action of the ~~administrative law judge~~ Workers’ Compensation Board of Review. The decision shall be appealable to, and proceeded with, by the ~~board of review~~ Intermediate Court of Appeals in the same manner as other appeals. In addition, upon a finding of good cause, the ~~board~~ court may remand the case to the ~~Workers’ Compensation Commission, the successor to the commission~~ Insurance Commissioner, other private insurance carriers, ~~and~~ or self‑insured employers, whichever is applicable, for further development. Any decision made by the ~~commission, the successor to the commission~~ Insurance Commissioner, other private insurance carriers, ~~and~~ or self‑insured employers, whichever is applicable, following a remand, shall be subject to objection to the ~~office of judges~~ Workers’ Compensation Board of Review and not to the ~~board~~ Intermediate Court of Appeals. The ~~board~~ Intermediate Court of Appeals may remand any case as often as, in its opinion, is necessary for a full development and just decision of the case.

(e) All appeals from the action of the administrative law judge shall be decided by the board at the same session at which they are heard, unless good cause for delay thereof be shown and entered of record.

~~(f)~~ (e) In all proceedings before the ~~board~~ Intermediate Court of Appeals, any party may be represented by counsel.

(f) The amendments to this section made during the 2020 Regular Session of the Legislature become effective on January 1, 2023.

§23‑5‑15. Appeals from final decisions of board to Supreme Court of Appeals prior to January 1, 2023; procedure; costs.

(a) As provided in §23‑5‑8a of this code, the provisions of this section do not apply to any decision issued by the Workers’ Compensation Board of Review after December 31, 2022.

~~(a)~~ (b) Review of any final decision of the board, including any order of remand, may be prosecuted by either party or by the ~~Workers’ Compensation Commission, the successor to the commission~~ Insurance Commissioner, other private insurance carriers, and self‑insured employers, whichever is applicable, to the Supreme Court of Appeals within 30 days from the date of the final order by filing a petition therefor with the court against the board and the adverse party or parties as respondents. Unless the petition for review is filed within the 30‑day period, no appeal or review shall be allowed, such time limitation is a condition of the right to such appeal or review and hence jurisdictional. The clerk of the Supreme Court of Appeals shall notify each of the respondents and the ~~Workers’ Compensation Commission, the successor to the commission~~ Insurance Commissioner, other private insurance carriers, and self‑insured employers, whichever is applicable, of the filing of such petition. The board shall, within 10 days after receipt of the notice, file with the clerk of the court the record of the proceedings had before it, including all the evidence. The court or any judge thereof in vacation may thereupon determine whether or not a review shall be granted. If review is granted to a nonresident of this state, he or she shall be required to execute and file with the clerk before an order or review shall become effective, a bond, with security to be approved by the clerk, conditioned to perform any judgment which may be awarded against him or her. The board may certify to the court and request its decision of any question of law arising upon the record, and withhold its further proceeding in the case, pending the decision of court on the certified question, or until notice that the court has declined to docket the same. If a review is granted or the certified question is docketed for hearing, the clerk shall notify the board and the parties litigant or their attorneys and the ~~Workers’ Compensation Commission, the successor to the commission~~ Insurance Commissioner, other private insurance carriers, and self‑insured employers, whichever is applicable, of that fact by mail. If a review is granted or the certified question docketed, the case shall be heard by the court in the same manner as in other cases, except that neither the record nor briefs need be printed. Every review granted or certified question docketed prior to 30 days before the beginning of the term, shall be placed upon the docket for that term. The Attorney General shall, without extra compensation, represent the board in such cases. The court shall determine the matter brought before it and certify its decision to the board and to the commission. The cost of the proceedings on petition, including a reasonable attorney’s fee, not exceeding $30 to the claimant’s attorney, shall be fixed by the court and taxed against the employer if the latter is unsuccessful. If the claimant, or the commission (in case the latter is the applicant for review) is unsuccessful, the costs, not including attorney’s fees, shall be taxed against the commission, payable out of the Workers’ Compensation Fund, or shall be taxed against the claimant, in the discretion of the court: But there shall be no cost taxed upon a certified question.

~~(b)~~ (c) In reviewing a decision of the board of review, the Supreme Court of Appeals shall consider the record provided by the board and give deference to the board’s findings, reasoning, and conclusions, in accordance with subsections ~~(c), and~~ (d) and (e) of this section.

~~(c)~~ (d) If the decision of the board represents an affirmation of a prior ruling by both the commission and the Office of Judges that was entered on the same issue in the same claim, the decision of the board may be reversed or modified by the Supreme Court of Appeals only if the decision is in clear violation of constitutional or statutory provision, is clearly the result of erroneous conclusions of law, or is based upon the board’s material misstatement or mischaracterization of particular components of the evidentiary record. The court may not conduct a de novo reweighing of the evidentiary record. If the court reverses or modifies a decision of the board pursuant to this subsection, it shall state with specificity the basis for the reversal or modification and the manner in which the decision of the board clearly violated constitutional or statutory provisions, resulted from erroneous conclusions of law, or was based upon the board’s material misstatement or mischaracterization of particular components of the evidentiary record.

~~(d)~~ (e) If the decision of the board effectively represents a reversal of a prior ruling of either the commission or the Office of Judges that was entered on the same issue in the same claim, the decision of the board may be reversed or modified by the Supreme Court of Appeals only if the decision is in clear violation of constitutional or statutory provisions, is clearly the result of erroneous conclusions of law, or is so clearly wrong based upon the evidentiary record that even when all inferences are resolved in favor of the board’s findings, reasoning, and conclusions, there is insufficient support to sustain the decision. The court may not conduct a de novo reweighing of the evidentiary record. If the court reverses or modifies a decision of the board pursuant to this subsection, it shall state with specificity the basis for the reversal or modification and the manner in which the decision of the board clearly violated constitutional or statutory provisions, resulted from erroneous conclusions of law, or was so clearly wrong based upon the evidentiary record that even when all inferences are resolved in favor of the board’s findings, reasoning, and conclusions, there is insufficient support to sustain the decision.

§23‑5‑16. Fees of attorney for claimant; unlawful charging or receiving of attorney fees.

(a) An attorney’s fee in excess of 20 percent of any award granted may not be charged or received by an attorney for a claimant or dependent. In no case may the fee received by the attorney of the claimant or dependent be in excess of 20 percent of the benefits, to be paid during a period of 208 weeks. The interest on disability or dependent benefits, as provided in this chapter, may not be considered as part of the award in determining the attorney’s fee. However, any contract entered into in excess of 20 percent of the benefits to be paid during a period of 208 weeks, as herein provided, is unlawful and unenforceable as contrary to the public policy of this state and any fee charged or received by an attorney in violation thereof is an unlawful practice and renders the attorney subject to disciplinary action.

(b) On a final settlement an attorney may charge a fee not to exceed 20 percent of the total value of the medical and indemnity benefits: Provided, That this attorney’s fee, when combined with any fees previously charged or received by the attorney for permanent partial disability or permanent total disability benefits may not exceed 20 percent of an award of benefits to be paid during a period of 208 weeks.

(c) Except attorney’s fees and costs recoverable pursuant to §23‑2C‑21(c) of this code, an attorney’s fee for successful recovery of denied medical benefits may be charged or received by an attorney and paid by the private carrier or self‑insured employer, for a claimant or dependent under this section. In no event may attorney’s fees and costs be awarded pursuant to both this section and §23‑2C‑21(c) of this code.

(1) If a claimant successfully prevails in a proceeding relating to a denial of medical benefits brought before the ~~commission, successor to the commission~~ Insurance Commissioner, other private carrier, or self‑insured employer, whichever is applicable, as a result of utilization review, arbitration, mediation, or other proceedings, or a combination thereof, relating to denial of medical benefits before the ~~Office of Judges~~ Workers’ Compensation Board of Review, or a court, there shall additionally be charged against the private carriers or self‑insured employers, whichever is applicable, the reasonable costs and reasonable hourly attorney’s fees of the claimant. Following the successful resolution of the denial in favor of the claimant, a fee petition shall be submitted by the claimant’s attorney to the Insurance Commissioner or his or her successors, arbitrators, mediator, the ~~Office of Judges~~ Workers’ Compensation Board of Review or a court, whichever enters a final decision on the issue. An attorney representing a claimant must submit a claim for attorney’s fees and costs within 30 days following a decision in which the claimant prevails and the order becomes final.

(2) The Insurance Commissioner or his or her successors, arbitrators, ~~mediator~~ mediators, the ~~Office of Judges~~ Workers’ Compensation Board of Review, or a court shall enter an order within 30 days awarding reasonable attorney’s fees not to exceed $125 per hour and reasonable costs of the claimant to be paid by the private carriers or self‑insured employers, whichever is applicable, which shall be paid as directed. In no event may an award of the claimant’s attorney’s fees under this subsection exceed $500 per litigated medical issue, not to exceed $2,500 in a claim.

(3) In determining the reasonableness of the attorney’s fees to be awarded, the Insurance Commissioner, arbitrator, mediator, ~~Office of Judges~~ Workers’ Compensation Board of Review, or court shall consider the experience of the attorney, the complexity of the issue, the hours expended, and the contingent nature of the fee.

(d) The amendments to this section made during the 2020 regular session of the Legislature become effective on January 1, 2023.

§29A‑5‑4. Judicial review of contested cases.

(a) Any party adversely affected by a final order or decision in a contested case is entitled to judicial review thereof under this chapter, but nothing in this chapter shall be deemed to prevent other means of review, redress, or relief provided by law.

(b) Proceedings for review of any final order or decision issued on or before December 31, 2022, shall be instituted by filing a petition, at the election of the petitioner, in either the Circuit Court of Kanawha County, West Virginia, or in the circuit court of the county in which the petitioner or any one of the petitioners resides or does business, or with the judge thereof in vacation, within 30 days after the date upon which such party received notice of the final order or decision of the agency. Notwithstanding any provision of this code to the contrary, proceedings for judicial review of any final order or decision issued after December 31, 2022, must be instituted by filing an appeal, at the election of a party desiring appeal, to the Intermediate Court of Appeals as provided in §51‑11‑1 et seq. of this code. A copy of the petition shall be served upon the agency and all other parties of record by registered or certified mail. The petition shall state whether the appeal is taken on questions of law or questions of fact, or both. No appeal bond shall be required to effect any such appeal.

(c) The filing of the petition shall not stay enforcement of the agency order or decision or act as a supersedeas thereto, but the agency may stay such enforcement, and the appellant, at any time after the filing of his or her petition, may apply to such ~~circuit~~ court for a stay of or supersedeas to such final order or decision. Pending the appeal, the court may grant a stay or supersedeas upon such terms as it deems proper.

(d) Within 15 days after receipt of a copy of the petition by the agency, or within such further time as the court may allow, the agency shall transmit to such ~~circuit~~ court the original or a certified copy of the entire record of the proceeding under review, including a transcript of all testimony and all papers, motions, documents, evidence, and records as were before the agency, all agency staff memoranda submitted in connection with the case, and a statement of matters officially noted; but, by stipulation of all parties to the review proceeding, the record may be shortened. The expense of preparing such record shall be taxed as a part of the costs of the appeal. The appellant shall provide security for costs satisfactory to the court. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs involved. Upon demand by any party to the appeal, the agency shall furnish, at the cost of the party requesting same, a copy of such record. In the event the complete record is not filed with the court within the time provided for in this section, the appellant may apply to the court to have the case docketed, and the court shall order such record filed.

(e) Appeals taken on questions of law, fact, or both, shall be heard upon assignments of error filed in the cause or set out in the briefs of the appellant. Errors not argued by brief may be disregarded, but the court may consider and decide errors which are not assigned or argued. The court or judge shall fix a date and time for the hearing on the petition, but such hearing, unless by agreement of the parties, shall not be held sooner than 10 days after the filing of the petition, and notice of such date and time shall be forthwith given to the agency.

(f) The review shall be conducted by the court without a jury and shall be upon the record made before the agency, except that in cases of alleged irregularities in procedure before the agency, not shown in the record, testimony thereon may be taken before the court. The court may hear oral arguments and require written briefs.

(g) The court may affirm the order or decision of the agency or remand the case for further proceedings. It shall reverse, vacate, or modify the order or decision of the agency if the substantial rights of the petitioner or petitioners have been prejudiced because the administrative findings, inferences, conclusions, decision, or order are:

(1) In violation of constitutional or statutory provisions; or

(2) In excess of the statutory authority or jurisdiction of the agency; or

(3) Made upon unlawful procedures; or

(4) Affected by other error of law; or

(5) Clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(h) The judgment of the circuit court or the Intermediate Court of Appeals, whichever is applicable, shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals of this state in accordance with the provisions of §29A‑6‑1 of this code.

(a) Upon written motion of the prosecuting attorney filed at least eight days prior to the adjudicatory hearing and with reasonable notice to the juvenile, his or her counsel, and his or her parents, guardians or custodians, the court shall conduct a hearing to determine if juvenile jurisdiction should or must be waived and the proceeding transferred to the criminal jurisdiction of the court. Any motion filed in accordance with this section is to state, with particularity, the grounds for the requested transfer, including the grounds relied upon as set forth in subsection (d), (e), (f) or (g) of this section, and the burden is upon the state to establish the grounds by clear and convincing evidence. Any hearing held under this section is to be held within seven days of the filing of the motion for transfer unless it is continued for good cause.

(b) No inquiry relative to admission or denial of the allegations of the charge or the demand for jury trial may be made by or before the court until the court has determined whether the proceeding is to be transferred to criminal jurisdiction.

(c) The court shall transfer a juvenile proceeding to criminal jurisdiction if a juvenile who has attained the age of fourteen years makes a demand on the record to be transferred to the criminal jurisdiction of the court. The case may then be referred to magistrate or circuit court for further proceedings, subject to the court's jurisdiction.

(d) The court shall transfer a juvenile proceeding to criminal jurisdiction if there is probable cause to believe that:

(1) The juvenile is at least fourteen years of age and has committed the crime of treason under §61-1-1 of this code; the crime of murder under sections §61-2-1, §61-2-2, and §61-2-3 of this code; the crime of robbery involving the use or presenting of firearms or other deadly weapons under §61-2-12 of this code; the crime of kidnapping under §61-2-14a of this code; the crime of first degree arson under §61-2-1 of this code; or the crime of sexual assault in the first degree under section §61-8b-3 of this code;

(2) The juvenile is at least fourteen years of age and has committed an offense of violence to the person which would be a felony if the juvenile was an adult. However, the juvenile has been previously adjudged delinquent for the commission of an offense of violence to the person which would be a felony if the juvenile was an adult; or

(3) The juvenile is at least fourteen years of age and has committed an offense which would be a felony if the juvenile was an adult. However, the juvenile has been twice previously adjudged delinquent for the commission of an offense which would be a felony if the juvenile was an adult.

(e) The court may transfer a juvenile proceeding to criminal jurisdiction if there is probable cause to believe that the juvenile would otherwise satisfy the provisions of subdivision (1), subsection (d) of this section, but who is younger than fourteen years of age.

(f) The court may, upon consideration of the juvenile's mental and physical condition, maturity, emotional attitude, home or family environment, school experience and similar personal factors, transfer a juvenile proceeding to criminal jurisdiction if there is probable cause to believe that the juvenile would otherwise satisfy the provisions of subdivision (2) or (3), subsection (d) of this section, but who is younger than fourteen years of age.

(g) The court may, upon consideration of the juvenile's mental and physical condition, maturity, emotional attitude, home or family environment, school experience and similar personal factors, transfer a juvenile proceeding to criminal jurisdiction if there is probable cause to believe that:

(1) The juvenile, who is at least fourteen years of age, has committed an offense of violence to a person which would be a felony if the juvenile was an adult;

(2) The juvenile, who is at least fourteen years of age, has committed an offense which would be a felony if the juvenile was an adult. However, the juvenile has been previously adjudged delinquent for the commission of a crime which would be a felony if the juvenile was an adult;

(3) The juvenile, who is at least fourteen years of age, used or presented a firearm or other deadly weapon during the commission of a felony; or

(4) The juvenile has committed a violation of §61A-4-401 of this code which would be a felony if the juvenile was an adult involving the manufacture, delivery or possession with the intent to deliver a narcotic drug. For purposes of this subdivision, the term narcotic drug has the same definition as that set forth in section one hundred one, article one of that chapter;

(5) The juvenile has committed the crime of second degree arson as defined in §61A-3-2 of this code involving setting fire to or burning a public building or church. For purposes of this subdivision, the term public building means a building or structure of any nature owned, leased or occupied by this state, a political subdivision of this state or a county board of education and used at the time of the alleged offense for public purposes. For purposes of this subdivision, the term church means a building or structure of any nature owned, leased or occupied by a church, religious sect, society or denomination and used at the time of the alleged offense for religious worship or other religious or benevolent purpose, or as a residence of a minister or other member of clergy.

(h) For purposes of this section, the term offense of violence means an offense which involves the use or threatened use of physical force against a person.

(i) If, after a hearing, the court directs the transfer of any juvenile proceeding to criminal jurisdiction, it shall state on the record the findings of fact and conclusions of law upon which its decision is based or shall incorporate findings of fact and conclusions of law in its order directing transfer.

(j) A juvenile who has been transferred to criminal jurisdiction pursuant to subsection (e), (f) or (g) of this section, by an order of transfer, has the right to either directly appeal an order of transfer ~~to the supreme court of appeals~~ or to appeal the order of transfer following a conviction of the offense of transfer. On or before December 31, 2022, any appeal under this section shall be directed to the Supreme Court of Appeals. On and after January 1, 2023, any appeal under this section shall be directed to the Intermediate Court of Appeals. If the juvenile exercises the right to a direct appeal from an order of transfer, the notice of intent to appeal and a request for transcript is to be filed within ten days from the date of the entry of any order of transfer, and the petition for appeal is to be presented to the ~~Supreme Court of Appeals~~ appropriate appellate court within forty-five days from the entry of the order of transfer. Article five, chapter fifty-eight of this code pertaining to the appeals of judgments in civil actions applies to appeals under this chapter except as modified in this section. The court may, within forty-five days of the entry of the order of transfer, by appropriate order, extend and reextend the period in which to file the petition for appeal for additional time, not to exceed a total extension of sixty days, as in the court's opinion may be necessary for preparation of the transcript. However, the request for a transcript was made by the party seeking appeal within ten days of entry of the order of transfer. In the event any notice of intent to appeal and request for transcript be timely filed, proceedings in criminal court are to be stayed upon motion of the defendant pending final action of the ~~Supreme Court of Appeals~~ appropriate appellate court.

§49-4-712. Intervention and services by the department pursuant to initial disposition for status offenders; enforcement; further disposition; detention; out-of-home placement; department custody; least restrictive alternative; appeal; prohibiting placement of status offenders in a Division of Juvenile Services facility on or after January 1, 2016.

(a) The services provided by the department for juveniles adjudicated as status offenders shall be consistent with part ten, article two of this chapter and shall be designed to develop skills and supports within families and to resolve problems related to the juveniles or conflicts within their families. Services may include, but are not limited to, referral of juveniles and parents, guardians or custodians and other family members to services for psychiatric or other medical care, or psychological, welfare, legal, educational or other social services, as appropriate to the needs of the juvenile and his or her family.

(b) If the juvenile, or his or her parent, guardian or custodian, fails to comply with the services provided in subsection (a) of this section, the department may petition the circuit court:

(1) For a valid court order, as defined in section two hundred seven, article one of this chapter, to enforce compliance with a service plan or to restrain actions that interfere with or defeat a service plan; or

(2) For a valid court order to place a juvenile out of home in a nonsecure or staff-secure setting, and/or to place a juvenile in custody of the department: Provided, That a juvenile adjudicated as a status offender may not be placed in an out-of-home placement, excluding placements made for abuse and neglect, if that juvenile has had no prior adjudications for a status or delinquency offense, or no prior disposition to a pre-adjudicatory improvement period or probation for the current matter: Provided, however, That if the court finds by clear and convincing evidence the existence of a significant and likely risk of harm to the juvenile, a family member or the public and continued placement in the home is contrary to the best interests of the juvenile, such juvenile may be ordered to an out-of-home placement: Provided further, That the court finds the department has made all reasonable efforts to prevent removal of the juvenile from his or her home, or that such reasonable efforts are not required due to an emergent situation.

(c) In ordering any further disposition under this section, the court is not limited to the relief sought in the department's petition and shall make reasonable efforts to prevent removal of the juvenile from his or her home or, as an alternative, to place the juvenile in a community-based facility which is the least restrictive alternative appropriate to the needs of the juvenile and the community. The disposition may include reasonable and relevant orders to the parents, guardians or custodians of the juvenile as is necessary and proper to effectuate the disposition.

(d) (1) If the court finds that placement in a residential facility is necessary to provide the services under subsection (a) of this section, except as prohibited by subdivision (2), subsection (b) of this section, the court shall make findings of fact as to the necessity of this placement, stated on the record or reduced to writing and filed with the record or incorporated into the order of the court.

(2) The findings of fact shall include the factors that indicate:

(A) The likely effectiveness of placement in a residential facility for the juvenile; and

(B) The community services which were previously attempted.

(e) The disposition of the juvenile may not be affected by the fact that the juvenile demanded a trial by jury or made a plea of not guilty. ~~Any~~ On or before December 31, 2022, any order providing disposition other than mandatory referral to the department for services is subject to appeal to the Supreme Court of Appeals. On and after January 1, 2023, any such appeal shall be filed with the Intermediate Court of Appeals.

(f) Following any further disposition by the court, the court shall inquire of the juvenile whether or not appeal is desired and the response shall be transcribed; a negative response may not be construed as a waiver. The evidence shall be transcribed as soon as practicable and made available to the juvenile or his or her counsel, if it is requested for purposes of further proceedings. A judge may grant a stay of execution pending further proceedings.

(g) A juvenile adjudicated solely as a status offender on or after January 1, 2016, may not be placed in a Division of Juvenile Services facility.

§49-4-714. Disposition of juvenile delinquents; appeal.

(a) In aid of disposition of juvenile delinquents, the juvenile probation officer assigned to the juvenile shall, upon request of the court, make an investigation of the environment of the juvenile and the alternative dispositions possible. The court, upon its own motion, or upon request of counsel, may order the use of a standardized screener, as defined in §49-1-206 of this code or, if additional information is necessary, a psychological examination of the juvenile. The report of an examination and other investigative and social reports shall not be relied upon the court in making a determination of adjudication. Unless waived, copies of the report shall be provided to counsel for the petitioner and counsel for the juvenile no later than 72 hours prior to the dispositional hearing.

(b) Following the adjudication, the court shall receive and consider the results of a needs assessment, as defined in §49-1-206 of this code, and shall conduct the disposition, giving all parties an opportunity to be heard. The disposition may include reasonable and relevant orders to the parents, custodians or guardians of the juvenile as is necessary and proper to effectuate the disposition. At disposition the court shall not be limited to the relief sought in the petition and shall, in electing from the following alternatives, consider the best interests of the juvenile and the welfare of the public:

(1) Dismiss the petition;

(2) Refer the juvenile and the juvenile’s parent or custodian to a community agency for needed assistance and dismiss the petition;

(3) Upon a finding that the juvenile is in need of extra-parental supervision: (A) Place the juvenile under the supervision of a probation officer of the court or of the court of the county where the juvenile has his or her usual place of abode or other person while leaving the juvenile in custody of his or her parent or custodian; and (B) prescribe a program of treatment or therapy or limit the juvenile’s activities under terms which are reasonable and within the child’s ability to perform, including participation in the litter control program established pursuant to §22-15A-3 of this code or other appropriate programs of community service;

(4) Upon a finding that a parent or custodian is not willing or able to take custody of the juvenile, that a juvenile is not willing to reside in the custody of his or her parent or custodian or that a parent or custodian cannot provide the necessary supervision and care of the juvenile, the court may place the juvenile in temporary foster care or temporarily commit the juvenile to the department or a child welfare agency. The court order shall state that continuation in the home is contrary to the best interest of the juvenile and why; and whether or not the department made a reasonable effort to prevent the placement or that the emergency situation made those efforts unreasonable or impossible. Whenever the court transfers custody of a youth to the department, an appropriate order of financial support by the parents or guardians shall be entered in accordance with §49-4-801 through §49-4-803 et seq. of this code and guidelines promulgated by the Supreme Court of Appeals;

(5) (A) Upon a finding that the best interests of the juvenile or the welfare of the public require it, and upon an adjudication of delinquency, the court may commit the juvenile to the custody of the Director of the Division of Corrections and Rehabilitation for placement in a juvenile services facility for the treatment, instruction and rehabilitation of juveniles. The court maintains discretion to consider alternative sentencing arrangements.

(B) Notwithstanding any provision of this code to the contrary, in the event that the court determines that it is in the juvenile’s best interests or required by the public welfare to place the juvenile in the custody of the Division of Corrections and Rehabilitation, the court shall provide the Division of Corrections and Rehabilitation with access to all relevant court orders and records involving the underlying offense or offenses for which the juvenile was adjudicated delinquent, including sentencing and presentencing reports and evaluations, and provide the division with access to school records, psychological reports and evaluations, needs assessment results, medical reports and evaluations or any other such records as may be in the court’s possession as would enable the Division of Corrections and Rehabilitation to better assess and determine the appropriate counseling, education and placement needs for the juvenile offender.

(C) Commitments may not exceed the maximum term for which an adult could have been sentenced for the same offense and any such maximum allowable term of confinement to be served in a juvenile correctional facility shall take into account any time served by the juvenile in a detention center pending adjudication, disposition or transfer. The order shall state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the state department made a reasonable effort to prevent the placement or that the emergency situation made those efforts unreasonable or impossible; or

(6) After a hearing conducted under the procedures set out in §27-5-4(c) and §27-5-4(d) of this code, commit the juvenile to a mental health facility in accordance with the juvenile’s treatment plan; the director of the mental health facility may release a juvenile and return him or her to the court for further disposition. The order shall state that continuation in the home is contrary to the best interests of the juvenile and why; and whether or not the state department made a reasonable effort to prevent the placement or that the emergency situation made those efforts unreasonable or impossible.

The court shall make all reasonable efforts to place the juvenile in the least restrictive alternative appropriate to the needs of the juvenile and the community: Provided, That a juvenile adjudicated delinquent for a nonviolent misdemeanor offense may not be placed in an out-of-home placement within the Division of Corrections and Rehabilitation or the department if that juvenile has no prior adjudications as either a status offender or as a delinquent, or no prior dispositions to a pre-adjudicatory improvement period or probation for the current matter, excluding placements made for abuse or neglect: Provided, however, That if the court finds by clear and convincing evidence that there is a significant and likely risk of harm, as determined by a needs assessment, to the juvenile, a family member or the public and that continued placement in the home is contrary to the best interest of the juvenile, such juvenile may be ordered to an out-of-home placement: Provided further, That the department has made all reasonable efforts to prevent removal of the juvenile from his or her home, or that reasonable efforts are not required due to an emergent situation.

(c) In any case in which the court decides to order the juvenile placed in an out-of-state facility or program, it shall set forth in the order directing the placement the reasons the juvenile was not placed in an in-state facility or program.

(d) The disposition of the juvenile shall not be affected by the fact that the juvenile demanded a trial by jury or made a plea of not guilty. ~~Any~~ On and before December 31, 2022, any disposition is subject to appeal to the Supreme Court of Appeals. On and after January 1, 2023, any such appeal must be filed with the Intermediate Court of Appeals.

(e) Following disposition, the court shall inquire whether the juvenile wishes to appeal and the response shall be transcribed; a negative response shall not be construed as a waiver. The evidence shall be transcribed as soon as practicable and made available to the juvenile or his or her counsel, if the same is requested for purposes of further proceedings. A judge may grant a stay of execution pending further proceedings.

(f) Following a disposition under §49-4-714(b)(4), §49-4-714(b)(5), or §49-4-714(b)(6) of this code, the court shall include in the findings of fact the treatment and rehabilitation plan the court has adopted upon recommendation of the multidisciplinary team under §49-4-406 of this code.

(g) Notwithstanding any other provision of this code to the contrary, if a juvenile charged with delinquency under this chapter is transferred to adult jurisdiction and there tried and convicted, the court may make its disposition in accordance with this section in lieu of sentencing the person as an adult.

(a) As used in this article, the term “judge”, “judge of any court of record”, or “judge of any court of record of this state” means, refers to, and includes judges of the several circuit courts, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals. For purposes of this article, the terms do not mean, refer to, or include family court judges.

(b) “Actuarially equivalent” or “of equal actuarial value” means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the Internal Revenue Code, “actuarially equivalent” shall be computed using the mortality tables and interest rates required to comply with those requirements.

(c) “Beneficiary” means any person, except a member, who is entitled to an annuity or other benefit payable by the retirement system.

(d) “Board” means the Consolidated Public Retirement Board created pursuant to §5‑10D‑1 et seq. of this code.

(e) “Final average salary” means the average of the highest 36 consecutive months’ compensation received by the member as a judge of any court of record of this state.

(f) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it has been amended.

(g) “Member” means a judge participating in this system.

(h) “Plan year” means the 12‑month period commencing on July 1 of any designated year and ending the following June 30.

(i) “Required beginning date” means April 1 of the calendar year following the later of: (1) The calendar year in which the member attains age 70 and one‑half; or (2) the calendar year in which the member retires or otherwise separates from covered employment.

(j) “Retirement system” or “system” means the Judges’ Retirement System created and established by this article. Notwithstanding any other provision of law to the contrary, the provisions of this article are applicable only to circuit judges, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals in the manner specified in this article. No service as a family court judge may be construed to qualify a person to participate in the Judges’ Retirement System or used in any manner as credit toward eligibility for retirement benefits under the Judges’ Retirement System.

§51‑11‑4. West Virginia Intermediate Court of Appeals created; geographical districts.

(a) In accordance with section one, article VIII of the Constitution of West Virginia, the Intermediate Court of Appeals is hereby created. The court shall be established and operable on January 1, 2023.

(b) The Intermediate Court of Appeals is composed of two geographical districts: The Intermediate Court of Appeals for the Northern District and the Intermediate Court of Appeals for the Southern District. Each district has jurisdiction over appeals of final decisions, judgments, or orders entered within the district’s designated counties, as follows:

(1) The Intermediate Court of Appeals for the Northern District has jurisdiction over appeals of decisions, judgments, or orders entered within the following counties: Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Marion, Marshall, Mineral, Monongalia, Morgan, Ohio, Pendleton, Pleasants, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Wetzel, Wirt, and Wood.

(2) The Intermediate Court of Appeals for the Southern District has jurisdiction over appeals of decisions, judgments, or orders entered within the following counties: Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lewis, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pocahontas, Putnam, Raleigh, Roane, Summers, Upshur, Wayne, Webster, and Wyoming.

(c) Each district of the Intermediate Court of Appeals shall convene, conduct proceedings, and issue decisions, rulings, and opinions of the court in panels of three judges.

(d) The proceedings of the West Virginia Intermediate Court of Appeals may take place in any location geographically located within the district the court serves that is convenient to litigants, in a facility provided by the clerk pursuant to §51‑11‑10 of this code.

§51‑11‑5. Jurisdiction; limitations.

(a) The Intermediate Court of Appeals has no original jurisdiction.

(b) Unless specifically provided otherwise in this article, appeals of the following matters shall be made to the Intermediate Court of Appeals, which has appellate jurisdiction over such matters:

(1) Final judgments or orders of a circuit court in a criminal case, entered after December 31, 2022, or writs of habeas corpus issued by a circuit court after December 31, 2022;

(2) Final judgments or orders of a circuit court in a civil case, entered after December 31, 2022;

(3) Final judgments or orders of a family court, entered after December 31, 2022;

(4) Final orders or decisions of a circuit court pertaining to child welfare under Chapter 49, Article 4, entered after December 31, 2022.

(5) Final judgments or orders of a circuit court concerning guardianship or conservatorship matters, pursuant to §44A‑1‑1 et seq. of this code, entered after December 31, 2022;

(6) Final judgments, orders, or decisions of an agency or an administrative law judge entered after December 31, 2022, heretofore appealable to the Circuit Court of Kanawha County pursuant to §29A‑5‑4 or any other provision of this code;

(7) Final orders or decisions of the Health Care Authority issued prior to December 31, 2022, in a certificate of need review, but transferred to the jurisdiction of the Intermediate Court of Appeals upon termination of the Office of Judges pursuant to §16‑2D‑16a of this code;

(8) Final orders or decisions issued by the Office of Judges after December 31, 2022, and prior to its termination, as provided in §16‑2D‑16 and §23‑5‑8a of this code; and

(9) Final orders or decisions of the Workers’ Compensation Board of Review pursuant to §23‑5‑1 et seq. of this code, entered after December 31, 2022.

(c) In appeals properly filed pursuant to subsection (b) of this section, the parties shall be afforded a full and meaningful review on the record of the lower tribunal and an opportunity to be heard.

(d) The Intermediate Court of Appeals does not have appellate jurisdiction over the following matters:

(1) Orders of commitment, pursuant to §27‑5‑1 et seq. of this code;

(2) Final orders or decisions of a circuit court pertaining to child welfare under Chapter 49, Article 4, entered after December 31, 2022.

(3) Interlocutory appeals;

(4) Certified questions of law; and

(5) Extraordinary remedies, as provided in §53‑1‑1 et seq. of this code, and any appeal of a decision or order of another court regarding an extraordinary remedy: Provided, That this subdivision does not apply to appeals of writs of habeas corpus issued by a circuit court.

§51‑11‑6. Motion for direct review by Supreme Court of Appeals.

§51‑11‑8. Election of judges; vacancies; length of terms.

(a) Judges of the Intermediate Court of Appeals shall be elected on a nonpartisan basis to serve 10‑year terms, subject to the exception for the initial election to stagger terms, as provided in subsection (c) of this section. Each judge shall be elected by the voters of the counties within the geographical district of the court in which he or she will serve.

(b) If no candidate for judge of the Intermediate Court of Appeals receives more than 40 percent of the votes cast in the primary election, a runoff election shall be conducted concurrently with the general election. The ballot for the runoff election shall include a provision for selection only between those two candidates who received the highest and second highest number of ballots cast in the applicable division for judge of the Intermediate Court of Appeals in the election for that office held concurrently with the primary election.

(c) Initial Election. — The initial election of judges to the Intermediate Court of Appeals shall take place during the primary election of 2022. Each judge shall be elected to a term beginning on January 1, 2023, with one judge elected to serve a 10‑year term in each district, one judge to serve a six‑year term in each district, and one judge to serve a four‑year term in each district. For the purposes of the initial election of judges pursuant to this subsection, the Secretary of State shall, in each district, establish three separate divisions corresponding to the judicial terms on the ballot. The candidates for election in each numbered division shall be tallied separately, and the eligible candidate receiving the highest numbers of votes cast within a numbered division in his or her district shall be elected to serve the corresponding judicial term.

(d) Regular election of judges. — Following the initial election of judges pursuant to subsection (c) of this section, during the primary election in every year during which a sitting judge’s term will expire, a judge shall be elected to each district of the Intermediate Court of Appeals to serve a 10‑year term commencing on January 1 of the following year.

(e) Vacancies. — If a vacancy arises before the expiration of a judicial term, the vacancy shall be filled as provided in §3‑10‑1 et seq. of this code. A judge appointed to fill a vacancy must meet the requirements in §51‑11‑7 of this code at the time of appointment.

(f) The judges of each district of the West Virginia Intermediate Court of Appeals shall periodically select one judge to serve as chief judge for their respective district, pursuant to rules promulgated by the Supreme Court of Appeals.

(g) A person sitting as a judge of the Intermediate Court of Appeals may not retain his or her position as judge upon becoming a pre-candidate or candidate for any other elected public office, judicial or nonjudicial.

(h) The Legislature recognizes that the Chief Justice of the West Virginia Supreme Court of Appeals has authority to temporarily assign judges to the Intermediate Court of Appeals pursuant to section eight, article VIII of the Constitution of West Virginia, in the event that a judge is temporarily unable to serve on the court.

§51‑11‑9. Rules of practice and procedure; fees; deadlines.