H. B. 3008
(By Delegates Staton, Johnson, Givens,
Wills , Rowe, Dalton, and Stemple)


(Originating in the Committee on the Judiciary)

[February 26, 1999]

A BILL to repeal section eleven, article five, chapter twenty-

three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section four, article ten-a, chapter five of the code ; to further amend and reenact section eleven, article eleven of said chapter; to further amend and reenact section thirteen, article eleven-a of said chapter; to further amend and reenact section seventeen, article fourteen, chapter seven of said code; to further amend and reenact section seventeen, article fourteen- b of said chapter; to further amend and reenact section twenty, article fourteen, chapter eight of said code; to further amend and reenact section twenty-five, article fifteen of said chapter; to further amend and reenact section sixty- five, article twenty-four of said chapter; to further amend and reenact section twelve, article six, chapter eleven of said code; to further amend and reenact section eight, article six-g of said chapter; to further amend and reenact section twenty-four, article eight of said chapter; to further amend and reenact section ten, article ten of said chapter; to further amend and reenact section fifteen, article sixteen of said chapter; to further amend and reenact section twenty-four of said article; to further amend and reenact section ten, article four-c, chapter sixteen of said code; to further amend and reenact section thirteen of said article; to further amend and reenact section seven, article five-b of said chapter; to further amend and reenact section thirteen, article five-c of said chapter; to further amend and reenact section thirteen, article five-d of said chapter; to further amend and reenact section six, article five-f of said chapter; to further amend and reenact section thirteen, article five-h of said chapter; to further amend and reenact section four, article five-i of said chapter; to further amend and reenact section thirteen, article five-n of said chapter; to further amend and reenact section twenty-one, article twenty-nine-b of said chapter; to further amend and reenact section eleven, article four, chapter seventeen of said code; to further amend and reenact section fifty-three, article four of said chapter; to further amend and reenact section thirteen, article twenty-two of said chapter; to further amend and reenact section fifteen of said article; to further amend and reenact section twenty-three, article six, chapter seventeen-a of said code; to further amend and reenact section twenty-four of said article; to further amend and reenact section twelve, article six-b of said chapter; to further amend and reenact section sixteen, article six-c of said chapter; to further amend and reenact section eight, twenty-nine, chapter eighteen of said code; to further amend and reenact section eleven, article two, chapter eighteen-a of said code; to further amend and reenact section eleven, article one-b, chapter nineteen of said code; to further amend and reenact section twelve, article one-b of said chapter; to further amend and reenact section nine, article two-a of said chapter; to further amend and reenact section nine, article two-b of said chapter; to further amend and reenact section seven, article fourteen of said chapter; to further amend and reenact section seventeen, article twenty-three of said chapter; to further amend and reenact section twenty-five of said article; to further amend and reenact section six, article one-a, chapter twenty-one of said code; to further amend and reenact section five, article five-a of said chapter; to further amend and reenact section two, article six of said chapter; to further amend to further amend and reenact section and reenact section twenty-seven, article seven, chapter twenty-one-a of said code; to further amend and reenact section thirty of said article; to further amend and reenact section eight, article five, chapter twenty-two of said code; to further amend and reenact section ten of said article; to further amend and reenact section five, article six of said chapter; to further amend and reenact section forty of said article; to further amend and reenact section forty-one of said article; to further amend and reenact section ten, article nine of said chapter; to further amend and reenact section ten, article ten of said chapter; to further amend and reenact section twenty-two, article eleven of said chapter; to further amend and reenact section seventeen, article fifteen of said chapter; to further amend and reenact section twenty-five, article twenty-one of said chapter; to further amend and reenact section twenty-seven of said article; to further amend and reenact section nineteen, article one, chapter twenty-two-a of said code; to further amend and reenact section seventy-five, article two of said chapter; to further amend and reenact section nine, article one, chapter twenty-two-b of said code; to further amend and reenact section twenty-nine, article four, chapter twenty-two- c of said code; to further amend and reenact section seven, article five of said chapter; to further amend and reenact section thirteen, article eight of said chapter; to further amend and reenact section sixteen of said article; to further amend and reenact section eleven, article nine of said chapter; to further amend and reenact section twelve of said article; to further amend and reenact section one, article one, chapter twenty-three of said code; to further amend and reenact section seven, article five of said chapter; to further amend and reenact section ten of said article; to further amend and reenact section twelve to said article; to further amend and reenact section fifteen, article five of said chapter; to further amend and reenact section four-a, article two, chapter twenty-four of said code; to further amend and reenact section five, article four of said chapter; to further amend and reenact section one, article five of said chapter; to further amend and reenact section one, article eight, chapter twenty-four-a of said code; to further amend and reenact section one, article six, chapter twenty-four-b of said code; to further amend and reenact section twenty-three, article two-a, chapter twenty-nine; to further amend and reenact section ten, article six-a of said chapter; to further amend and reenact section four, article five, chapter twenty- nine-a of said code; to further amend and reenact section one, article six of said chapter; to further amend said article by adding thereto a new section, designated section two; to further amend and reenact section nine, article one, chapter thirty of said code; to further amend and reenact section seven, article two of said chapter; to further amend and reenact section eight, article six of said chapter; to further amend and reenact section thirteen, article ten of said chapter; to further amend and reenact section fifteen of said article; to further amend and reenact section thirteen, article thirteen-a of said chapter; to further amend and reenact section twelve, article twenty of said chapter; to further amend and reenact section fourteen of said article; to further amend and reenact section twelve, article twenty-one of said chapter; to further amend and reenact section fourteen of said article; to further amend and reenact section thirteen, article twenty-two of said chapter; to further amend and reenact section sixteen of said article; to further amend and reenact section eleven, article twenty-three of said chapter; to further amend and reenact section ten, article twenty-five of said chapter; to further amend and reenact section eighteen, article twenty-five of said chapter; to further amend and reenact section sixteen, article twenty-six of said chapter; to further amend and reenact section sixteen, article twenty-eight of said chapter; to further amend and reenact section eighteen of said article; to further amend and reenact section eleven, article thirty-one of said chapter; to further amend and reenact section fourteen of said article; to further amend and reenact section nineteen, article thirty-two of said chapter; to further amend and reenact section twenty- two of said article; to further amend and reenact section twelve, article thirty-five of said chapter; to further amend and reenact section thirteen of said article; to further amend and reenact section fifteen, article seventeen, chapter thirty-one of said code; to further amend and reenact section sixteen of said article; to further amend and reenact section four, article three, chapter thirty-one-a of said code; to further amend and reenact section two, article eight of said chapter; to further amend and reenact section twelve of said article; to further amend and reenact section fourteen, article two, chapter thirty-three of said code; to further amend and reenact section two, article ten of said chapter; to further amend and reenact section fifteen, article twenty-four of said chapter; to further amend and reenact section eight, article fourteen, chapter thirty-seven of said code; to further amend and reenact section one hundred and six, article seven, chapter forty-six-a of said code; to further amend and reenact section eight, article eleven-b, article forty-seven of said code; to further amend and reenact section thirteen, article twelve of said chapter; to further amend chapter fifty-one by adding thereto a new article, designated article one-b; to further amend chapter fifty-eight by adding thereto a new article, designated article four-a; to further amend and reenact section one, article five of said chapter; to further amend and reenact section four of said article; to further amend and reenact section twenty-eight, article three-a, chapter sixty of said code; to further amend and reenact section thirteen-a, article seven of said chapter; and to further amend and reenact section eighteen, article eight of said chapter, relating generally to the creation of an intermediate court of appeals to hear all administrative appeals; providing for the possibility of subsequent review of intermediate appellate court decisions by the supreme court of appeals; abolishing the worker's compensation appeal board; providing that an appeals from an administrative law judge in the worker's compensation division be directly appealed to the intermediate court of appeals; setting forth the standard of appellate review for contested cases appealed under the State Administrative Procedures Act; providing for the election of intermediate appellate court judges; establishing the judicial districts from which intermediate appellate judges are elected; setting forth the terms of office and salary of intermediate appellate judges; providing that the court be located near the supreme court of appeals; permitting the hiring of clerks and administrative, clerical and legal staff; setting forth the requirements of intermediate appellate court decisions; providing that the intermediate court of appeals shall propose rules for pleading, practice and procedure for approval by the supreme court of appeals; establishing regular and special terms of the intermediate court of appeals; setting forth the manner of filing a petition for appeal to the intermediate supreme court of appeals; and setting forth the manner of filing a petition of appeal to the supreme court of appeals regarding a decision of the intermediate court of appeals.

Be it enacted by the Legislature of West Virginia:
That of section eleven, article five, chapter twenty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section four, article ten-a, chapter five of said code be amended and reenacted ; that section eleven, article eleven of said chapter be amended and reenacted ; that section thirteen, article eleven-a of said chapter be amended and reenacted ; that section seventeen, article fourteen, chapter seven of said code be amended and reenacted ; that section seventeen, article fourteen-b of said chapter be amended and reenacted ; that section twenty, article fourteen, chapter eight of said code be amended and reenacted ; that section twenty-five, article fifteen of said chapter be amended and reenacted ; that section sixty-five, article twenty-four of said chapter be amended and reenacted ; that section twelve, article six, chapter eleven of said code be amended and reenacted ; that section eight, article six-g of said chapter be amended and reenacted ; that section twenty-four, article eight of said chapter be amended and reenacted ; that section ten, article ten of said chapter be amended and reenacted ; that section fifteen, article sixteen of said chapter be amended and reenacted ; that section twenty-four of said article be amended and reenacted ; that section ten, article four-c, chapter sixteen of said code be amended and reenacted ; that section thirteen of said article be amended and reenacted ; that section seven, article five-b of said chapter be amended and reenacted ; that section thirteen, article five-c of said chapter be amended and reenacted ; that section thirteen, article five-d of said chapter be amended and reenacted ; that section six, article five-f of said chapter be amended and reenacted ; that section thirteen, article five-h of said chapter be amended and reenacted ; that section four, article five-i of said chapter be amended and reenacted ; that section thirteen, article five-n of said chapter be amended and reenacted ; that section twenty-one, article twenty-nine-b of said chapter be amended and reenacted ; that section eleven, article four, chapter seventeen of said code be amended and reenacted ; that section fifty-three, article four of said chapter be amended and reenacted ; that section thirteen, article twenty-two of said chapter be amended and reenacted ; that section fifteen of said article be amended and reenacted ; that section twenty-three, article six, chapter seventeen-a of said code be amended and reenacted ; section twenty-four, article six of said chapter be amended and reenacted ; that section twelve, article six-b of said chapter be amended and reenacted ; that section sixteen, article six-c of said chapter be amended and reenacted ; that section eight, article twenty-nine, chapter eighteen of said code be amended and reenacted ; that section eleven, article two, chapter eighteen-a of said code be amended and reenacted ; section eleven, article one-b, chapter nineteen of said code be amended and reenacted ; that section twelve of said article be amended and reenacted ; that section nine, article two-a of said chapter be amended and reenacted ; that section nine, article two-b of said chapter be amended and reenacted ; that section seven, article fourteen of said chapter be amended and reenacted ; that section seventeen, article twenty-three of said chapter be amended and reenacted ; section twenty-five, article twenty-three of said chapter be amended and reenacted ; that section six, article one-a, chapter twenty-one of said code be amended and reenacted ; that section five, article five-a of said chapter be amended and reenacted ; that section two, article six of said chapter be amended and reenacted ; that section twenty-seven, article seven, chapter twenty-one-a of said code be amended and reenacted ; that section thirty of said article be amended and reenacted ; that section eight, article five, chapter twenty-two of said code be amended and reenacted ; that section ten, article five of said chapter be amended and reenacted ; that section five, section six of said chapter be amended and reenacted ; that section forty of said article be amended and reenacted ; that section forty- one of said article be amended and reenacted ; that section ten, article nine of said chapter be amended and reenacted ; that section ten, article ten of said chapter be amended and reenacted ; that section twenty-two, article eleven of said chapter be amended and reenacted ; that section seventeen, article fifteen of said chapter be amended and reenacted ; that section twenty-five, article twenty- one of said chapter be amended and reenacted ; that section twenty- seven of said chapter be amended and reenacted ; that section nineteen, article one, chapter twenty-two-a of said code be amended and reenacted ; that section seventy-five, article two of said chapter be amended and reenacted ; that section nine, article one, chapter twenty-two-b of said code be amended and reenacted ; that chapter twenty-nine, article four, chapter twenty-two-c of said code be amended and reenacted ; section seven, article five of said chapter be amended and reenacted ; section thirteen, article eight of said chapter be amended and reenacted ; that section sixteen of said article be amended and reenacted ; that section eleven, article nine of said chapter be amended and reenacted ; that section twelve of said article be amended and reenacted ; that section one, article one, chapter twenty-three of said code be amended and reenacted ; that section seven, article five of said chapter be amended and reenacted ; that section ten of said article be amended and reenacted; that section twelve of said article be amended and reenacted; that section fifteen of said article be amended and reenacted ; that section four-a, article two, chapter twenty-four of said code be amended and reenacted ; that section five, article four of said chapter be amended and reenacted ; that section one, article five of said chapter be amended and reenacted ; that section one, article eight, chapter twenty-four-a of said code be amended and reenacted ; that section one, article six, chapter twenty-four-b of said code be amended and reenacted ; that section twenty-three, article two-a, chapter twenty-nine of said code be amended and reenacted ; that section ten, article six-a of said chapter be amended and reenacted ; that section four, article five, chapter twenty-nine-a of said code be amended and reenacted ; that section one, article six of said chapter be amended and reenacted; that said article be further amended by adding thereto a new section, designated section two; that section nine, article one, chapter thirty of said code be amended and reenacted ; that section seven, article two of said chapter be amended and reenacted ; that section eight, article six of said chapter be amended and reenacted ; that section thirteen, article ten of said chapter be amended and reenacted ; that section fifteen of said article be amended and reenacted ; that section thirteen, article thirteen-a of said chapter be amended and reenacted ; that section twelve, article twenty of said chapter be amended and reenacted ; that section fourteen of said article be amended and reenacted ; that section twelve, article twenty-one of said chapter be amended and reenacted ; that section fourteen of said article be amended and reenacted ; that section thirteen, article twenty-two of said chapter be amended and reenacted ; that section sixteen of said article be amended and reenacted ; that section eleven, article twenty-three of said chapter be amended and reenacted ; that section twelve, article twenty-three of said chapter be amended and reenacted ; that section ten, article twenty-five of said chapter be amended and reenacted ; that section sixteen, article twenty-six of said chapter be amended and reenacted ; that section sixteen, article twenty-eight of said chapter be amended and reenacted ; that section eighteen of said article be amended and reenacted ; that section eleven, article thirty-one of said chapter be amended and reenacted ; that section fourteen of said article be amended and reenacted ; that section nineteen, article thirty-two of said chapter be amended and reenacted ; that section twenty of said article be amended and reenacted ; that section twelve, article thirty-five of said chapter be amended and reenacted; that section thirteen of said article be amended and reenacted ; that section fifteen, article seventeen, chapter thirty-one of said code be amended and reenacted ; that section sixteen of said article be amended and reenacted ; that section four, article three, chapter thirty-one-a be amended and reenacted ; that section two, article eight of said chapter be amended and reenacted ; that section twelve of said article be amended and reenacted ; that section fourteen, article two, chapter thirty-three of said code be amended and reenacted ; that section two, article ten of said chapter be amended and reenacted ; that section fifteen, article twenty-four of said chapter be amended and reenacted ; that section eight, article fourteen, chapter thirty-seven of said code be amended and reenacted ; that section one-hundred six, article seven, chapter forty-six-a of said code be amended and reenacted ; that section eight, article eleven-b, chapter forty-seven of said code be amended and reenacted ; that section thirteen, article twelve of said chapter be amended and reenacted ; that chapter fifty-one of said code be amended by adding thereto a new article, designated article one-b; that chapter fifty-eight of said code be amended by adding thereto a new article, designated article four-a; that section one, article five, chapter fifty-eight of said code be amended and reenacted ; that section four of said article be amended and reenacted ; that section twenty-eight, article three-a, chapter sixty of said code be amended and reenacted ; that section thirteen- a, article seven of said chapter be amended and reenacted ; and that section eighteen, article eight of said chapter be amended and reenacted, all to read as follows :
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;

MISCELLANEOUS AGENCIES, COMMISSION, OFFICES, PROGRAMS, ETC.
ARTICLE 10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.
§5-10A-4. Determination by circuit court of ineligibility; jurisdiction; appeal.
If a participant or beneficiary informs the supervisory board within forty days after service of the notice provided for in section three of this article that he or she demands that the board seek a determination in circuit court, the board shall forthwith file a petition in the circuit court in the county in which the board is located or in which the participant or beneficiary resides, seeking that the court determine that the participant rendered less than honorable service as defined in section two of this article and that the affected participant or beneficiary is thereby ineligible to receive benefits.
Jurisdiction is hereby conferred on circuit courts to make such determinations.
Upon the filing of such a petition by a supervisory board, the circuit court shall give such notice and opportunity to be heard to the affected parties as are consistent with the demands of due process and necessary for a fair determination of the matter. Upon completion of its hearings the court shall make such findings of fact and conclusions of law as are appropriate. Except in the case of exigent circumstances, the court shall make its determination within sixty days of the filing of the petition by the board.
A determination of the circuit court shall be a final order which may be appealed to the supreme court of appeals in the same manner as decisions in other civil actions intermediate court of appeals pursuant to section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
ARTICLE 11. HUMAN RIGHTS COMMISSION.
§5-11-11. Appeal and enforcement of commission orders.
(a) From any final order of the commission, an application for review may be prosecuted by either party to the supreme intermediate court of appeals within thirty days from the receipt thereof by the filing of a petition therefor to such court against the commission and the adverse party as respondents, and the clerk of such court shall notify each of the respondents and the commission of the filing of such petition. The commission shall, within ten days after receipt of such 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. And if granted to a nonresident of this state, he or she shall be required to execute and file with the clerk before such 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 thereon. The commission 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 be granted or the certified question be docketed for hearing, the clerk shall notify the board and the parties litigant or their attorneys and the commission of the fact by mail. If a review be granted or the certified question docketed, the case shall be heard by the court in the manner provided for other cases: Provided, That in the following cases the appellant may prosecute the appeal in the circuit court of Kanawha County pursuant to section four, article five, chapter twenty-nine-a of this code: (1) Cases in which the commission awards damages other than back pay exceeding five thousand dollars; (2) cases in which the commission awards back pay exceeding thirty thousand dollars; and (3) cases in which the parties agree that the appeal should be prosecuted in circuit court. In such cases the appellee shall respond within thirty days of filing and the court shall make a determination within the following thirty days: Provided, however, That appeals filed erroneously in the circuit court after the first day of April, one thousand nine hundred eighty-seven, and prior to the first day of July, one thousand nine hundred eighty-nine, may be prosecuted in the supreme court of appeals intermediate court of appeals without regard to the time limits specified herein: Provided further, That any party adversely affected by the final judgment of the circuit court of Kanawha County may seek review thereof by appeal to the supreme court of appeals intermediate court of appeals pursuant to section one, article six, chapter twenty-nine-a of this code filed within thirty days of entry of the final order of the circuit court. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
The appeal procedure contained in this subsection shall be the exclusive means of review, notwithstanding the provisions of chapter twenty-nine-a of this code: Provided, That such exclusive means of review shall not apply to any case wherein an appeal or a petition for enforcement of a cease and desist order has been filed with a circuit court of this state prior to the first day of April, one thousand nine hundred eighty-seven.
(b) In the event that any person shall fail to obey a final order of the commission within thirty days after receipt of the same, or, if applicable, within thirty days after a final order of the circuit court, the intermediate court of appeals or the supreme court of appeals, a party or the commission may seek an order from the circuit court for its enforcement. Such proceedings shall be initiated by filing of a petition in said court, and served upon the respondent in the manner provided by law for the service of summons in civil actions; a hearing shall be held on such petition within sixty days of the date of service. The court may grant appropriate temporary relief, and shall make and enter upon the pleadings, testimony and proceedings such order as is necessary to enforce the order of the commission, the intermediate or supreme court of appeals.
CHAPTER 11A. WEST VIRGINIA FAIR HOUSING ACT.
§5-11A-13. Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees.
(a) When a charge is filed under section eleven of this article, a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) of this section in lieu of a hearing under subsection (b) of this section. The election must be made not later than twenty days after the receipt by the electing person of service under section eleven of this article or, in the case of the commission, not later than twenty days after such service. The person making such election shall give notice of doing so to the commission and to all other complainants and respondents to whom the charge relates.
(b) If an election is not made under subsection (a) of this section with respect to a charge filed under section eleven of this article, the commission shall provide an opportunity for a hearing on the record with respect to a charge issued under said section. The commission shall delegate the conduct of a hearing under this section to an administrative law judge who shall be a licensed attorney. The administrative law judge shall conduct the hearing at a place in the county in which the discriminatory housing practice is alleged to have occurred or is about to occur.
(c) At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses and obtain the issuance of subpoenas under section twelve of this article. Any aggrieved person may intervene as a party in the proceeding. The rules of evidence apply to the presentation of evidence in such hearing as they would in a civil action in the circuit courts of this state. The case in support of the complaint shall be presented before the administrative law judge by the attorney general.
(d) (1) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.
(2) A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
(3) The commission shall, not later than one hundred eighty days after the date of enactment of this subsection, issue rules to implement this subsection.
(e) Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.
(f) An administrative law judge may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an act of Congress or a state law seeking relief with respect to that discriminatory housing practice.
(g) (1) The administrative law judge shall commence the hearing under this section no later than one hundred twenty days following the issuance of the charge, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within one hundred twenty days after the issuance of the charge, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the charge was filed and the respondent in writing of the reasons for not doing so.
(2) The administrative law judge shall make findings of fact and conclusions of law within sixty days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding sixty-day period thereafter, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the charge was filed and the respondent in writing of the reasons for not doing so.
(3) If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent: (A) In an amount not exceeding ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (B) in an amount not exceeding twenty-five thousand dollars if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and (C) in an amount not exceeding fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of this charge; except that if the acts constituting the discriminatory housing practice that are the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (B) and (C) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.
(4) No such order shall affect any contract, sale, encumbrance or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer or tenant without actual notice of the charge filed under this article.
(5) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the commission shall, not later than thirty days after the date of the issuance of such order or, if such order is judicially reviewed, thirty days after such order is in substance affirmed upon such review: (A) Send copies of the findings of fact, conclusions of law and the order to that governmental agency; and (B) recommend to that governmental agency appropriate disciplinary action, including, where appropriate, the suspension or revocation of the license of the respondent.
(6) In the case of an order against a respondent against whom another order was issued within the preceding five years under this section, the commission shall send a copy of each such order to the attorney general.
(7) If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The commission shall make public disclosure of each such dismissal.
(h) (1) The commission may review any finding, conclusion or order issued under subsection (g) of this section. Such review shall be completed not later than thirty days after the finding, conclusion or order is so issued; otherwise the finding, conclusion or order becomes final.
(2) The commission shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding.
(i) (1) Any party aggrieved by a final order for relief under this section granting or denying, in whole or in part, the relief sought may obtain a review of such order under section four, article five, chapter twenty-nine-a of this code.
(2) Notwithstanding chapter twenty-nine-a of this code, venue of the proceeding shall be in the judicial circuit in which the discriminatory housing practice is alleged to have occurred and filing of the petition for review shall be not later than thirty days after the order is entered.
(j) (1) The commission may petition the circuit court in the circuit in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the administrative law judge and for appropriate temporary relief or injunctive relief by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or injunctive relief.
(2) The commission shall file in court with the petition the record in the proceeding. A copy of such petition shall be forthwith transmitted by the clerk of the court to the parties to the proceeding before the administrative law judge.
(k) (1) Upon the filing of a petition under subsection (i) or (j) of this section, the court may:
(A) Grant to the petitioner, or any other party, such temporary relief, injunction or other order as the court deems considers just and proper;
(B) Affirm the order or decision of the administrative law judge or remand the case for further proceedings. It shall reverse, vacate or modify the order or decision of the administrative law judge if the substantial rights of the parties have been prejudiced because the administrative findings, inferences, conclusions, decision or order are: (i) In violation of constitutional or statutory provisions; or (ii) in excess of the statutory authority or jurisdiction of the commission; or (iii) made upon unlawful procedures; or (iv) affected by other error of law; or (v) clearly wrong in view of the reliable, probative and substantial evidence on the whole record; or (vi) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; and
(C) Enforce such order to the extent that such order is affirmed or modified.
(2) Any party to the proceeding before the administrative law judge may intervene in the circuit court.
(3) No objection not made before the administrative law judge shall be considered by the court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances.
(4) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals of this state in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty-nine-a of this code.
(l) If no petition for review is filed under subsection (i) of this section before the expiration of forty-five days after the date the administrative law judge's order is entered, the administrative law judge's findings of fact and order shall be conclusive in connection with any petition for enforcement: (1) Which is filed by the commission under subsection (j) of this section after the end of such day; or (2) under subsection (m) of this section.
(m) If before the expiration of sixty days after the date the administrative law judge's order is entered, no petition for review has been filed under subsection (i) of this section, and the commission has not sought enforcement of the order under subsection (j) of this section, any person entitled to relief under the order may petition for a decree enforcing the order in the circuit court for the circuit in which the discriminatory housing practice is alleged to have occurred.
(n) The judge of the circuit court in which a petition for enforcement is filed under subsection (l) or (m) of this section shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the commission, the respondent named in the petition and to any other parties to the proceeding before the administrative law judge. The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the intermediate or supreme court of appeals pursuant to section one, article six, chapter twenty-nine-a of this code.
(o) (1) If an election is made under subsection (a) of this section, the commission shall authorize, and not later than thirty days after the election is made the attorney general shall commence and maintain, a civil action on behalf of the aggrieved person in the appropriate circuit court seeking relief under this subsection. Venue for such civil action shall be in the circuit court in the county in which the alleged discriminatory housing practice occurred.
(2) Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action.
(3) In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section fourteen of this article. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under said section shall also accrue to that aggrieved person in a civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
(p) In any administrative proceeding brought under this section, or any court proceeding arising therefrom, or any civil action under section fourteen of this article, the administrative law judge or the court, as the case may be, in its discretion, may allow a prevailing complainant a reasonable attorney's fee and costs.
CHAPTER 7. COUNTY COMMISSIONS GENERALLY.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-17. Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in force; mandatory retirement age.
(a) No deputy sheriff of any county subject to the provisions of this article may be removed, discharged, suspended or reduced in rank or pay except for just cause, which may not be religious or political, except as provided in section fifteen of this article; and no such deputy may be removed, discharged, suspended or reduced in rank or pay except as provided in this article and in no event until the deputy has been furnished with a written statement of the reasons for the action. In every case of such removal, discharge, suspension or reduction, a copy of the statement of reasons therefor and of the written answer thereto, if the deputy desires to file such written answer, shall be furnished to the civil service commission and entered upon its records. If the deputy demands it, the civil service commission shall grant a public hearing, which hearing shall be held within a period of ten days from the filing of the charges in writing or the written answer thereto, whichever shall last occur. At the hearing, the burden shall be upon the sheriff to justify his or her action, and in the event the sheriff fails to justify the action before the commission, then the deputy shall be reinstated with full pay, forthwith and without any additional order, for the entire period during which the deputy may have been prevented from performing his or her usual employment, and no charges may be officially recorded against the deputy's record. The deputy, if reinstated or exonerated, shall, if represented by legal counsel, be awarded reasonable attorney fees to be determined by the commission and paid by the sheriff from county funds. A written record of all testimony taken at the hearing shall be kept and preserved by the civil service commission, which record shall be sealed and not be open to public inspection unless an appeal is taken from the action of the commission.
(b) In the event the civil service commission sustains the action of the sheriff, the deputy has an immediate right of appeal to the circuit court of the county. In the event that the commission reinstates the deputy, the sheriff has an immediate right of appeal to the circuit court. In the event either the sheriff or the deputy objects to the amount of the attorney fees awarded to the deputy, the objecting party has an immediate right of appeal to the circuit court. Any appeal must be taken within ninety days from the date of entry by the civil service commission of its final order. Upon an appeal being taken and docketed with the clerk of the circuit court of the county, the circuit court shall proceed to hear the appeal upon the original record made before the commission and no additional proof may be permitted to be introduced. The circuit court's decision is final, but the deputy or sheriff, as the case may be, against whom the decision of the circuit court is rendered has the right to petition the supreme intermediate court of appeals for a review of the circuit court's decision as in other civil cases. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. The deputy or sheriff also has the right, where appropriate, to seek, in lieu of an appeal, a writ of mandamus. The deputy, if reinstated or exonerated by the circuit court, the intermediate court of appeals or by the supreme court of appeals, shall, if represented by legal counsel, be awarded reasonable attorney fees as approved by the court and the fees shall be paid by the sheriff from county funds.
(c) The removing sheriff and the deputy shall at all times, both before the civil service commission and upon appeal, be given the right to employ counsel to represent them.
(d) If for reasons of economy or other reasons it is deemed considered necessary by any appointing sheriff to reduce the number of his or her deputies, the sheriff shall follow the procedure set forth in this subsection. The reduction in the numbers of the deputy sheriffs of the county shall be effected by suspending the last person or persons, including probationers, who have been appointed as deputies. The removal shall be accomplished by suspending the number desired in the inverse order of their appointment: Provided, That in the event the number of deputies is increased in numbers to the strength existing prior to the reduction of deputies, the deputies suspended under the terms of this subsection shall be reinstated in the inverse order of their suspension before any new appointments of deputy sheriffs in the county are made.
(e) Notwithstanding any other provision of this article to the contrary, no deputy sheriff in any county subject to the provisions of this article may serve as a deputy sheriff in any county subject to the provisions of this article after attaining the age of sixty-five years.
ARTICLE 14B. CIVIL SERVICE FOR CORRECTIONAL OFFICERS.
§7-14B-17. Removal, discharge, suspension or reduction in rank or

pay; appeal; reduction in force; mandatory retirement age.

(a) No correctional officer of any county subject to the provisions of this article, may be removed, discharged, suspended or reduced in rank or pay except for just cause, which may not be religious or political, except as provided in section fifteen of this article; and no such correctional officer may be removed, discharged, suspended or reduced in rank or pay except as provided in this article and in no event until the correctional officer has been furnished with a written statement of the reasons for the action. In every case of such removal, discharge, suspension or reduction, a copy of the statement of reasons therefor and of the written answer thereto, if the correctional officer desires to file such written answer, shall be furnished to the civil service commission and entered upon its records. If the correctional officer demands it, the civil service commission shall grant him or her a public hearing, which hearing shall be held within a period of ten days from the filing of the charges in writing or the written answer thereto, whichever shall last occur. At the hearing, the burden shall be upon the sheriff to justify his or her action, and in the event the sheriff fails to justify the action before the commission, then the correctional officer shall be reinstated with full pay, forthwith and without any additional order, for the entire period during which the officer may have been prevented from performing his or her usual employment, and no charges may be officially recorded against the officer's record. The correctional officer, if reinstated or exonerated, shall, if represented by legal counsel, be awarded reasonable attorney fees to be determined by the commission and paid by the sheriff from county funds. A written record of all testimony taken at the hearing shall be kept and preserved by the civil service commission, which record shall be sealed and not be open to public inspection, unless an appeal is taken from the action of the commission.
(b) In the event the civil service commission sustains the action of the sheriff, the correctional officer has an immediate right of appeal to the circuit court of the county. In the event that the commission reinstates the correctional officer, the sheriff has an immediate right of appeal to the circuit court. In the event either the sheriff or the correctional officer objects to the amount of the attorneys fees awarded to the correctional officer, the objecting party has an immediate right of appeal to the circuit court. Any appeal must be taken within ninety days from the date of entry by the civil service commission of its final order. Upon an appeal being taken and docketed with the clerk of the circuit court of the county, the circuit court shall proceed to hear the appeal upon the original record made before the commission and no additional proof may be permitted to be introduced. The circuit court's decision is final, but the correctional officer or sheriff, as the case may be, against whom the decision of the circuit court is rendered has the right to petition the supreme intermediate court of appeals for a review of the circuit court's decision as in other civil cases. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. The correctional officer or sheriff also has the right, where appropriate, to seek in lieu of an appeal, a writ of mandamus. The correctional officer, if reinstated or exonerated by the circuit court, the intermediate court of appeals or the supreme court of appeals, shall, if represented by legal counsel, be awarded reasonable attorney fees as approved by the court and the fees shall be paid by the sheriff from county funds.
(c) The removing sheriff and the correctional officer shall at all times, both before the civil service commission and upon appeal, be given the right to employ counsel to represent them.
(d) If for reasons of economy or other reasons it is deemed considered necessary by any appointing sheriff to reduce the number of his or her correctional officers, the sheriff shall follow the procedure set forth in this subsection. The reduction in the numbers of the correctional officers of the county shall be effected by suspending the last person or persons, including probationers, who have been appointed as correctional officers: Provided, That in the event the number of correctional officers is increased in numbers to the strength existing prior to the reduction of correctional officers, the correctional officers suspended under the terms of this subsection shall be reinstated in the inverse order of their suspension before any new appointments of correctional officers in the county are made.
(e) Notwithstanding any other provision of this article to the contrary, no correctional officer in any county subject to the provisions of this article may serve as a correctional officer in any county subject to the provisions of this article after attaining the age of sixty-five years.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 14. POLICE.
§8-14-20. Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in number of members.
(a) No member of any paid police department subject to the civil service provisions of this article may be removed, discharged, suspended or reduced in rank or pay except for just cause, which may not be religious or political, except as provided in section nineteen of this article; and no such member may be removed, discharged, suspended or reduced in rank or pay except as provided by the civil service provisions of this article, and in no event until the member has been furnished with a written statement of the reasons for the action. In every case of such removal, discharge, suspension or reduction, a copy of the statement of reasons therefor and of the written answer thereto, if the member desires to file such written answer, shall be furnished to the policemen's civil service commission and entered upon its records. If the member demands it, the commission shall grant a public hearing, which hearing shall be held within a period of ten days from the filing of the charges in writing or the written answer thereto, whichever shall last occur. At the hearing, the burden shall be upon the removing, discharging, suspending or reducing officer, hereinafter in this section referred to as "removing officer", to show just cause for his or her action, and in the event the removing officer fails to show just cause for the action before the commission, then the member shall be reinstated with full pay, forthwith and without any additional order, for the entire period during which the member may have been prevented from performing his or her usual employment, and no charges may be officially recorded against the member's record. The member, if reinstated or exonerated, shall, if represented by legal counsel, be awarded reasonable attorney fees to be determined by the commission and paid by the governing body. A written record of all testimony taken at the hearing shall be kept and preserved by the commission, which record shall be sealed and not be open to public inspection unless an appeal is taken from the action of the commission.
(b) In the event the commission sustains the action of the removing officer, the member has an immediate right of appeal to the circuit court of the county wherein the city or the major portion of the territory thereof is located. In the event that the commission reinstates the member, the removing officer has an immediate right of appeal to the circuit court. In the event either the removing officer or the member objects to the amount of the attorney fees awarded to the member, the objecting party has an immediate right of appeal to the circuit court. Any appeal must be taken within ninety days from the date of entry by the commission of its final order. Upon an appeal being taken and docketed with the clerk of the circuit court of the county, the circuit court shall proceed to hear the appeal upon the original record made before the commission and no additional proof may be permitted to be introduced. The circuit court's decision is final, but the member or removing officer, as the case may be, against whom the decision of the circuit court is rendered has the right to petition the supreme intermediate court of appeals for a review of the circuit court's decision as in other civil cases. The member or removing officer also has the right, where appropriate, to seek, in lieu of an appeal, a writ of mandamus. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. The member, if reinstated or exonerated by the circuit court, the intermediate court of appeals or by the supreme court of appeals, shall, if represented by legal counsel, be awarded reasonable attorney fees as approved by the court and the fees shall be paid by the governing body.
(c) The removing officer and the member shall at all times, both before the commission and upon appeal, be given the right to employ counsel to represent them.
(d) If for reasons of economy or other reasons it is deemed necessary by any Class I or Class II city to reduce the number of paid members of its paid police department, the city shall follow the procedure set forth in this subsection. The reduction in members of the paid police department of the city shall be effected by suspending the last person or persons, including probationers, who have been appointed to the paid police department. The removal shall be accomplished by suspending the number desired in the inverse order of their appointment: Provided, That in the event the said paid police department is increased in numbers to the strength existing prior to the reduction of members, the members suspended under the terms of this subsection shall be reinstated in the inverse order of their suspension before any new appointments to said paid police department are made.
ARTICLE 15. FIRE COMPANIES AND DEPARTMENTS.
§8-15-25. Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in number of members.
(a) No member of any paid fire department subject to the civil service provisions of this article may be removed, discharged, suspended or reduced in rank or pay except for just cause, which may not be religious or political, except as provided in section twenty-four of this article; and no such member may be removed, discharged, suspended or reduced in rank or pay except as provided by the civil service provisions of this article, and in no event until the member has been furnished with a written statement of the reasons for the action. In every case of such removal, discharge, suspension or reduction, a copy of the statement of reasons therefor and of the written answer thereto, if the member desires to file such written answer, shall be furnished to the firemen's civil service commission and entered upon its records. If the member demands it, the commission shall grant a public hearing, which hearing shall be held within a period of ten days from the filing of the charges in writing or the written answer thereto, whichever shall last occur. At the hearing, the burden shall be upon the removing, discharging, suspending or reducing officer, hereinafter in this section referred to as "removing officer", to show just cause for his or her action, and in the event the removing officer fails to show just cause for the action before the commission, then the member shall be reinstated with full pay, forthwith and without any additional order, for the entire period during which the member may have been prevented from performing his or her usual employment, and no charges may be officially recorded against the member's record. The member, if reinstated or exonerated, shall, if represented by legal counsel, be awarded reasonable attorney fees to be determined by the commission and paid by the governing body. A written record of all testimony taken at the hearing shall be kept and preserved by this commission, which record shall be sealed and not be open to public inspection unless an appeal is taken from the action of the commission.
(b) In the event the commission sustains the action of the removing officer, the member has an immediate right of appeal to the circuit court of the county wherein the municipality or the major portion of the territory thereof is located. In the event that the commission reinstates the member, the removing officer has an immediate right of appeal to the circuit court. In the event either the removing officer or the member objects to the amount of the attorney fees awarded to the member, the objecting party has an immediate right of appeal to the circuit court. Any appeal must be taken within ninety days from the date of entry by the commission of its final order. Upon an appeal being taken and docketed with the clerk of the circuit court of the county, the circuit court shall proceed to hear the appeal upon the original record made before the commission and no additional proof may be permitted to be introduced. The circuit court's decision is final, but the member or removing officer, as the case may be, against whom the decision of the circuit court is rendered has the right to petition the supreme intermediate court of appeals for a review of the circuit court's decision as in other civil cases. The member or removing officer also has the right, where appropriate, to seek, in lieu of an appeal, a writ of mandamus. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. The member, if reinstated or exonerated by the circuit court, the intermediate court or by the supreme court of appeals, shall, if represented by legal counsel, be awarded reasonable attorney fees as approved by the court and the fees shall be paid by the governing body.
(c) The removing officer and the member shall at all times, both before the commission and upon appeal, be given the right to employ counsel to represent them.
(d) If for reasons of economy or other reasons it is deemed considered necessary by any such municipality to reduce the number of paid members of its paid fire department, the municipality shall follow the procedure set forth in this subsection. The reduction in members of the paid fire department of the municipality shall be effected by suspending the last person or persons, including probationers, who have been appointed to the paid fire department. The removal shall be accomplished by suspending the number desired in the inverse order of their appointment: Provided, That in the event the said paid fire department is increased in numbers to the strength existing prior to the reduction of members, the members suspended under the terms of this subsection shall be reinstated in the inverse order of their suspension before any new appointments to said paid fire department are made.
ARTICLE 24. PLANNING AND ZONING.
§8-24-65. Appeal from final judgment of circuit court or judge thereof.
An appeal may be taken to the supreme intermediate court of appeals of this state from the final judgment of the court or judge reversing, affirming or modifying the decision or order of the board of zoning appeals within the same time, in the same manner, and upon the same terms, conditions and limitations as appeals in other civil cases. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
CHAPTER 11. TAXATION.
ARTICLE 6. ASSESSMENT OF PUBLIC SERVICE BUSINESSES.

§11-6-12. Appeal from valuation by board.

Any owner or operator claiming to be aggrieved by any such decision may, within the time aforesaid, apply by petition in writing, duly verified, to the circuit court of the county in which the property so assessed is situated, or if such property be situated in more than one county then in the county in which the largest assessment of such owner or operator was made in the next preceding year, for an appeal from the assessment and valuation so made of all such property, and jurisdiction is hereby conferred upon and declared to exist in the court, in which such application is filed, to grant, docket and hear such appeal; and such appeal, as to all of the property so assessed, as well as that situated in the county of the court so applied to, as that situated in the several other counties, shall forthwith be allowed by such court so applied to, and be heard by such court as to all of such property as soon as possible after the appeal is docketed, but notice in writing of such petition shall be given to the secretary of state, as secretary of the board of public works, by mailing a copy of the petition for an appeal filed as aforesaid, which said petition shall recite the fact that copies of such petition have been sent by registered mail. Notice in writing of the hearing upon such petition shall be given to the state tax commissioner at least fifteen days beforehand. Likewise, the state tax commissioner may, by giving notice in writing at least fifteen days beforehand to the petitioner, bring on such appeal for hearing. Upon such hearing the court shall hear all such legal evidence as shall be offered on behalf of the state or any other county, district or municipal corporation interested, or on behalf of the appealing owner or operator. If the court be satisfied that the value so fixed by the board of public works is correct, it shall confirm the same, but if it be satisfied that the value so fixed by the board is either too high or too low, the court shall correct the valuation so made and shall ascertain and fix the true and actual value of such property according to the facts proved, and shall certify such value to the auditor and to the secretary of the board of public works. The state or the owner or operator may appeal to the supreme intermediate court of appeals if the assessed value of the property be fifty thousand dollars or more. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
If the court to which an application for appeal would properly be made as aforesaid shall not be in session, the judge thereof in vacation shall forthwith allow the appeal, and if the judge thereof be disqualified or for any reason not be available, the filing of the aforesaid petition in the office of the clerk of the circuit court of the county in which the largest assessment of such owner or operator was made in the preceding year, within the time of aforesaid, shall constitute sufficient compliance with this section, and the appeal shall thereafter be proceeded with as otherwise provided in this section.
ARTICLE 6G. ASSESSMENT OF INTERSTATE PUBLIC SERVICE CORPORATION

MOTOR VEHICLE BUSINESSES REGISTERED UNDER A PROPORTIONAL REGISTRATION AGREEMENT.

§11-6G-8. Appeal from valuation by board.

Any owner or operator claiming to be aggrieved by any such decision may, within the time aforesaid, apply by petition in writing, duly verified, to the circuit court of Kanawha County, and jurisdiction is hereby conferred upon and declared to exist in such court, in which such application is filed, to grant, docket and hear such appeal; and such appeal, as to all of the property so charged, forthwith be allowed by such court so applied to, and be heard by such court as to all of such property as soon as possible after the appeal is docketed, but notice in writing of such petition shall be given to the motor vehicles commissioner, by mailing a copy of the petition for an appeal filed as aforesaid, which said petition shall recite the fact that copies of such petition have been sent by registered mail. Notice in writing of the hearing shall be given by the motor vehicles commissioner to the state tax commissioner and the state auditor at least fifteen days beforehand. Upon such hearing the court shall hear all such legal evidence as shall be offered on behalf of the state or any other county, district or municipal corporation interested, or on behalf of the appealing owner or operator. If the court be satisfied that the value so charged by the motor vehicles commissioner and affirmed or determined by the interstate commerce appeals board, is correct, it shall confirm the same, but if it be satisfied that the value so fixed by the board or the motor vehicles commissioner is either too high or too low, subject to the assessment valuations provided for in subsection (b), section eleven of this article, the court shall correct the valuation so made and shall ascertain and fix the true and actual value of such property according to the facts proved, and shall certify such value to the auditor, motor vehicles commissioner and to the tax commissioner. The state or the owner or operator may appeal to the supreme intermediate court of appeals if the proportional assessed value of the property be fifty thousand dollars or more. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
If the court to which an application for appeal would properly be made as aforesaid shall not be in session, the judge thereof in vacation shall forthwith allow the appeal, and if the judge thereof be disqualified or for any reason not be available, the filing of the aforesaid petition in the office of the clerk of the circuit court of Kanawha County, within the time of aforesaid, shall constitute sufficient compliance with this section, and the appeal shall thereafter be proceeded with as otherwise provided in this section.
ARTICLE 8. LEVIES.

§11-8-24. Petition for review of findings of tax commissioner and levy order; notice of intention to file; intervention; hearing and findings; appeal to intermediate and supreme court of appeals; refund if liens found excessive; recovery by action.

Any taxpayer or other person legally interested in the levy provided for by section twenty-three hereof, if aggrieved by the findings of the tax commissioner and his or her approval of such levy, and by the laying of such levy by the fiscal body, may have a review of the findings of the tax commissioner and the laying of such levy by the circuit court of the county in which the greater part of such taxpayer's or other person's property affected by such levy is situated, by presenting to such circuit court, either in term or to the judge thereof in vacation, within ten days after the entry of the order laying such levy shall have been made by such fiscal body, his or her petition for such review. Such taxpayer or other person shall give at least five days' notice in writing of his or her intention to file such petition to the tax commissioner, to the prosecuting attorney of the county of the circuit court of the county in which said petition will be presented, and to the presiding officer of the fiscal body laying the levy. Any other person legally interested in the laying or in the disaffirmance of the laying of the levy provided for in the preceding section, may, by petition in writing, intervene in said hearing and be made a party thereto with any and all rights of any other party therein and with any and all rights of any litigant in a chancery cause, insofar as the principles thereof be applicable, including the right of appeal as hereinafter provided for. The circuit court or the judge thereof in vacation shall, insofar as applicable, consider the petition as a bill in equity, and the court or judge shall forthwith, either in term or in vacation, proceed to consider such petition, the estimates and levies, and the findings of the tax commissioner, and may hear and consider evidence on behalf of such taxpayer or other person, the fiscal body laying the levy, and any other person interested in the laying of such levy, relating to the necessity and propriety of laying such levies under said section twenty- three, which evidence on the motion of any party appearing therein shall be made a part of the record. Upon such hearing the court or judge may affirm or disaffirm the findings of the tax commissioner and the laying of the levy, or may make such modification of such findings and such levies as to the court or judge may appear proper. Whereupon, the levies shall be laid in accordance with the findings of the court or judge as though such findings had been made by the tax commissioner, under the provisions of the said section twenty-three hereof. An party in interest appearing in the hearing may An appeal to the findings of the circuit court to the supreme intermediate court of appeals of West Virginia from the findings of the circuit court may be had by any party in interest appearing in the hearing, in like manner, so far as applicable, as in an equity cause, by petition for appeal to said supreme court presented to the supreme court or to any judge thereof, or filed in the office of the clerk of the supreme court petitioning such court within two weeks after the entry of the final order of the circuit court therein. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. Pending the final determination of such judicial review decision of the intermediate or supreme court of appeals, the levies made under section twenty-three shall be laid and the taxes therefrom collected; and if the final determination be that the levies under section twenty-three be in excess of the amounts required for such indebtedness, such excess shall be refunded by the collecting officer on demand to the person from whom it was collected as hereinafter provided, or if the final finding be that the levies for current expense of such fiscal body be excessive, the excess thereof shall be transferred from the current expense revenues to the revenues of such indebtedness, if required therefor, and, if not required therefor, the collecting officer shall, upon demand, refund any such excess payment to the person from whom it was collected. If the collecting officer fail to repay the amount, he and his sureties shall be jointly and severally liable for the amount and the costs of recovery. Recovery may be had by summons before a justice or on motion, before the circuit court.
ARTICLE 10. PROCEDURE AND ADMINISTRATION.

§11-10-10. Appeals.

(a) Right of appeal. -- A taxpayer may appeal the administrative decision of the tax commissioner issued under section nine or fourteen of this article, by taking an appeal to the circuit courts of this state within sixty days after being served with notice of the administrative decision.
(b) Venue. -- The appeal may be taken in the circuit court of any county:
(1) Wherein the activity taxed was engaged in; or
(2) Wherein the taxpayer resides; or
(3) Wherein the will of the decedent was probated or letters of administration granted; or
(4) To the circuit court of Kanawha County.
(c) Petition for appeal. -- The appeal proceeding shall be instituted by filing a petition with the circuit court, or the judge thereof in vacation, within the sixty-day period prescribed in subsection (a) of this subsection. The clerk of the circuit court shall, within ten days after date the petition is filed, serve the tax commissioner with a copy of the same by registered or certified mail. This petition shall be in writing, verified under oath by the taxpayer, or his or her duly authorized agent, having knowledge of the facts, set forth with particularity the items of the administrative decision or the assessment objected to, together with the reasons for such objections.
(d) Appeal bond. -- If the appeal is of any assessment for additional taxes (except a jeopardy assessment for which security in the amount thereof was previously filed with the tax commissioner), then within ninety days after the petition for appeal is filed, or sooner if ordered by the circuit court, the taxpayer shall file with the clerk of the circuit court a cash bond or a corporate surety bond approved by the clerk. The surety must be qualified to do business in this state. These bonds shall be conditioned that the taxpayer shall perform the orders of the court. The penalty of this bond shall be not less than the total amount of tax, additions to tax, penalties and interest for which the taxpayer was found liable in the administrative decision of the tax commissioner. Notwithstanding the foregoing and in lieu of such bond, the tax commissioner, in his or her discretion upon such terms as he or she may prescribe, may upon a sufficient showing by the taxpayer, certify to the clerk of the circuit court that the assets of the taxpayer subject to the lien imposed by section twelve of this article, or other indemnification, are adequate to secure performance of the orders of the court.
(e) Hearing of appeal. -- The court shall hear the appeal and determine anew all questions submitted to it on appeal from the determination of the tax commissioner. In such appeal a certified copy of the tax commissioner's notice of assessment or amended or supplemental assessment and administrative decision thereon shall be admissible and shall constitute prima facie evidence of the tax due under the provisions of those articles of this chapter to which this article is applicable. The court shall render its decree thereon and a certified copy of said decree shall be filed by the clerk of the court with the tax commissioner who shall then correct the assessment in accordance with the decree. An appeal may be taken by the taxpayer or the tax commissioner to the supreme intermediate court of appeals of this state. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 16. NONINTOXICATING BEER.

§11-16-15. Records of brewer, manufacturer or distributor or operator of a brewpub; collection of unpaid tax and penalty.

Every brewer, manufacturer or distributor or operator of a brewpub shall maintain, keep and preserve for a period of three years such record or records of nonintoxicating beer manufactured, sold or distributed in this state, including, but not limited to, coolers, together with such invoices, records, receipts, bills of lading and other pertinent papers as may be required by the tax commissioner, and the tax commissioner shall have authority to inspect, by himself or herself or through the commissioner's duly designated agent, the books, accounts, records and memoranda of any person licensed under the provisions of this article, and to examine, under oath, any officer, agent or employee of any brewer, manufacturer or distributor or operator of a brewpub. The tax commissioner may require the production, within this state at such time and place as the commissioner may designate, of any books, accounts, papers or records kept within or without the state, or verified copies in lieu thereof, in order that an examination thereof may be made by the tax commissioner or the commissioner's duly designated agents. If, as the result of such examination, it shall be found that any nonintoxicating beer, subject to the payment of a tax, has been manufactured, brewed, sold or distributed by any person, upon which the tax has not been paid, the tax commissioner shall make an assessment of the amount of tax so found to be due, and, in addition thereto and as a part thereof, shall assess a penalty of fifty percent of the amount of such tax and shall notify such person of the total amount due. If the same remains unpaid for a period of thirty days, the tax commissioner shall have the authority to collect the amount found to be due by an appropriate legal proceeding in any of the circuit courts in which an action for the collection of unpaid taxes may be maintained under section fourteen of this article, unless an appeal is taken from the action of the tax commissioner as hereinafter provided. The tax commissioner shall notify the alcohol beverage control commissioner of any such unpaid assessment.
Within ten days after receipt of notice of any additional amount claimed to be due from any person as shown by an examination by the tax commissioner, such person, if he or she deems considers themselves aggrieved thereby, shall so notify the tax commissioner and shall request a hearing thereon and the tax commissioner shall set a hearing into the matters raised by such notice, which hearing shall be held as a contested case pursuant to article ten of this chapter, except that the licensee shall have the right of appeal from the tax commissioner's findings only to the circuit court of Kanawha County, West Virginia. Whether the finding of the tax commissioner is affirmed or reversed, such circuit court shall enter an order accordingly and either party shall then have the right of appeal to the supreme intermediate court of appeals of the state. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals.

§11-16-24. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs.

The commissioner shall not revoke nor suspend any license issued pursuant to this article or impose any civil penalties authorized thereby unless and until a hearing shall be held after at least ten days' notice to the licensee of the time and place of such hearing, which notice shall contain a statement or specification of the charges, grounds or reasons for such proposed contemplated action, and which shall be served upon the licensee as notices under the West Virginia rules of civil procedure or by certified mail, return receipt requested, to the address for which license was issued; at which time and place, so designated in the notice, the licensee shall have the right to appear and produce evidence in his or her behalf, and to be represented by counsel.
The commissioner shall have authority to summon witnesses in the hearings before him or her, and fees of witnesses summoned on behalf of the state in proceedings to sanction licenses shall be treated as a part of the expenses of administration and enforcement. Such fees shall be the same as those in similar hearings in the circuit courts of this state. The commissioner may, upon a finding of violation, assess a licensee a sum not to exceed one hundred fifty dollars per violation to reimburse the commissioner for expenditures for witness fees, court reporter fees and travel costs incurred in holding the hearing. Any moneys so assessed shall be transferred to the nonintoxicating beer fund created by section twenty-three of this article.
If, at the request of the licensee or on his or her motion, the hearing shall be continued and shall not take place on the day fixed by the commissioner in the notice above provided for, then such licensee's license may be suspended until the hearing and decision of the commissioner, and in the event of revocation or suspension of such license, upon hearing before the commissioner, the licensee shall not be permitted to sell beer pending an appeal as provided by this article. Any person continuing to sell beer after his or her license has been suspended or revoked, as hereinbefore provided, is guilty of a misdemeanor and shall be punished as provided in section nineteen of this article.
The action of the commissioner in revoking or suspending a license shall be subject to review by the circuit court of Kanawha County, West Virginia, in the manner provided in chapter twenty- nine-a of this code, when such licensee may be aggrieved by such revocation or suspension. Petition for such review must be filed with said circuit court within a period of thirty days from and after the date of revocation or suspension by the commissioner; and any licensee obtaining an order for such review shall be required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to such matter to the circuit court. An application to the supreme appeal to the intermediate court of appeals of West Virginia for a writ of error from any final order of the circuit court court's final order in any such matter shall must be made within thirty days from and after the entry of such final order. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
All such hearings, upon notice to show cause why license should be revoked or suspended, before the commissioner shall be held in the offices of the commissioner in Charleston, Kanawha County, West Virginia, unless otherwise provided in such notice, or agreed upon between the licensee and the commissioner; and when such hearing is held elsewhere than in the commissioner's office, the licensee may be required to make deposits of the estimated costs of such hearing.
Whenever any licensee has been convicted of any offense constituting a violation of the laws of this state or of the United States relating to nonintoxicating beer, or alcoholic liquor, and such conviction has become final, the clerk of the court in which such licensee has been convicted shall forward to the commissioner a certified copy of the order or judgment of conviction if such clerk has knowledge that the person so convicted is a licensee, together with the certification of such clerk that the conviction is final.
In the case of a Class B licensee with multiple licensed locations, the commissioner may, in his or her discretion, revoke, suspend or otherwise sanction, per the provisions of section twenty-three of this article, only the license for the location or locations involved in the unlawful conduct for which licensure is sanctioned, as opposed to all separately licensed locations of such licensee.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-10. Notice of refusal, suspension or revocation of

certificate or license; appeals to commissioner; judicial review.

An application for an original, renewal or temporary emergency medical service personnel certificate or emergency medical services agency license, shall be acted upon by the commissioner and the certificate delivered or mailed, or a copy of any order of the commissioner denying any such application delivered or mailed to the applicant, within fifteen days after the date upon which the application including test scores, if applicable, was received by the commissioner.
Whenever the commissioner refuses to issue an emergency medical service personnel certificate or a temporary emergency medical service personnel certificate or emergency medical services agency license, or suspends or revokes an emergency medical service personnel certificate, or a temporary emergency medical service personnel certificate, he or she shall make and enter an order to that effect, which shall specify the reasons for the denial, suspension or revocation, and shall cause a copy of the order to be served in person or by certified mail, return receipt requested, on the applicant or certificate or license holder, as the case may be.
Whenever a certificate or license is suspended or revoked, the commissioner shall in the order of suspension or revocation direct the holder thereof to return his or her certificate to the commissioner. It shall be the duty of the certificate or license holder to comply with any such order following expiration of the period provided for an appeal to the commissioner.
Any applicant or certificate or license holder, adversely affected by an order made and entered by the commissioner may appeal to the commissioner for an order vacating or modifying the order or for such order as the commissioner should have entered. The person so appealing shall be known as the appellant. An appeal shall be perfected by filing a notice of appeal with the commissioner within ten days after the date upon which the appellant received the copy of the order. The notice of appeal shall be in a form and contain the information prescribed by the commissioner, but in all cases shall contain a description of any order appealed from and the grounds for the appeal. The filing of the notice of appeal shall operate to stay or suspend execution of any order which is the subject matter of the appeal. All of the pertinent provisions of article five, chapter twenty-nine-a of this code apply to and govern the hearing on appeal and the administrative procedures in connection with and following the hearing, with like effect as if the provisions of said article were set forth in extenso specifically herein.
The commissioner shall set a hearing date which shall be not less than ten days after he or she received the notice of appeal unless there is a postponement or continuance. The commissioner may postpone or continue any hearing on his or her own motion, or for good cause shown upon the application of the appellant. The appellant shall be given notice of the hearing in person or by certified mail, return receipt requested. Any such hearing shall be held in Charleston, Kanawha County, West Virginia, unless another place is specified by the commissioner.
After the hearing and consideration of all of the testimony, evidence and record in the case, the commissioner shall make and enter an order affirming, modifying or vacating his or her initial order or shall make and enter any new order. The order shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of the order and accompanying findings and conclusions shall be served upon the appellant, in person or by certified mail, return receipt requested. The order of the commissioner shall be final unless vacated or modified upon judicial review thereof.
Any appellant adversely affected by a final order made and entered by the commissioner is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern the review with like effect as if the provisions of said section were set forth in extenso specifically herein. The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the intermediate or supreme court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
§16-4C-13. Actions to enjoin violations; injunctive relief.
Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this article or any final order of the commissioner, the commissioner may apply in the name of the state, to the circuit court of the county in which the violation or any part thereof has occurred, is occurring or is about to occur, for an injunction against the person and any other persons who have been, are or are about to be, involved in, or in any way participating in, any practices, acts or omissions, so in violation, enjoining the person or persons from any such violation. The application may be made and prosecuted to conclusion whether or not any such violation has resulted or shall result in prosecution or conviction under the provisions of section twelve of this article.
Upon application by the commissioner, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article and all final orders of the commissioner.
The circuit court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals.
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

§16-5B-7. Judicial review.

Any applicant or licensee who is dissatisfied with the decision of the state department of health as a result of the hearing provided in section six may, within thirty days after receiving notice of the decision, appeal to the circuit court, in term or in vacation, of the county in which the applicant or licensee is located for judicial review of the decision. The court may, if it so desires, refer the matter to a commissioner in chancery for a hearing, with a request that he or she report to the court his or her findings of fact together with his or her recommendation.
The department shall promptly certify and file in the court the transcript of the hearings on which its decision is based.
Findings of fact by the department shall be considered as prima facie correct, but the court may remand the case to the department for the taking of further evidence. The department may thereupon make new or modified findings of fact which shall likewise be considered as prima facie correct. All evidence in the case shall be held secret until the final order is issued by the court which order shall be made public.
The court shall have the power to affirm, modify or reverse the decision of the department and either the applicant or licensee or the department may appeal from the court's decision to the supreme intermediate court of appeals. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. Pending the final disposition of the matter the status quo of the applicant or licensee shall be preserved.
ARTICLE 5C. NURSING HOMES.

§16-5C-13. Judicial review.

Any licensee adversely affected by an order of the director rendered after a hearing held in accordance with the provisions of section twelve of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern with like effect as if the provisions of said section four were set forth in extenso specifically in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
ARTICLE 5D. PERSONAL CARE HOMES.
§16-5D-13. Judicial review.
Any licensee adversely affected by an order of the director rendered after a hearing held in accordance with the provisions of section twelve of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern with like effect as if the provisions of said section four were set forth in extenso specifically in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
ARTICLE 5F. HEALTH CARE FINANCIAL DISCLOSURE.

§16-5F-6. Failure to make, publish or distribute reports; penalty; appeal to supreme court of appeals.

Every covered facility and related organization failing to make and transmit to the board any of the reports required by law or failing to publish or distribute the reports as so required, shall forthwith be notified by the board and, if such failure continues for ten days after receipt of said notice, such delinquent facility or organization shall be subject to a penalty of one thousand dollars for each day thereafter that such failure continues, such penalty to be recovered by the board through the attorney general in a civil action and paid into the state treasury to the account of the general fund. Review of any final judgment or order of the circuit court shall be by appeal to the West Virginia supreme intermediate court of appeals. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 5H. RESIDENTIAL BOARD AND CARE HOMES.
§16-5H-13. Judicial review.
Any licensee adversely affected by an order of the director rendered after a hearing held in accordance with the provisions of section twelve of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern with like effect as if the provisions of said section four were set forth in extenso in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
ARTICLE 5I. HOSPICE LICENSURE ACT.

§16-5I-4. Suspension; revocation.

(a) The director is authorized to suspend or revoke a license issued hereunder if the provisions of this article or of the rules and regulations are violated.
(b) Before any such license is suspended or revoked, however, written notice shall be given the licensee, stating the grounds of the complaint, and the date, time and place set for the hearing on the complaint, which date shall not be less than thirty days from the time notice is given. Such notice shall be sent by registered mail to the licensee at the address where the hospice concerned is located. The licensee shall be entitled to be represented by legal counsel at the hearing.
(c) If a license is revoked as herein provided, a new application for a license shall be considered by the director if, when and after, the conditions upon which revocation was based have been corrected and evidence of this fact has been furnished. A new license shall then be granted after proper inspection has been made and all provisions of this article and rules and regulations promulgated hereunder have been satisfied.
(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern any hearing authorized and required by the provisions of this article, and the administrative procedure in connection with and following any such hearing, with like effect as if the provisions of said article five were set forth in extenso in this section.
(e) Any applicant or licensee who is dissatisfied with the decision of the director as a result of the hearing provided in this section may, within thirty days after receiving notice of the decision, appeal to the circuit court, in term or in vacation, of Kanawha County for judicial review of the decision.
(f) The court may affirm, modify or reverse the decision of the director and either the applicant or licensee or the director may appeal from the court's decision to the supreme intermediate court of appeals. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 5N. RESIDENTIAL CARE COMMUNITIES.
§16-5N-13. Judicial review.
Any licensee adversely affected by an order of the director rendered after a hearing held in accordance with the provisions of section twelve of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern these proceedings with like effect as if those provisions were set forth in extenso herein.
The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
ARTICLE 29B. HEALTH CARE AUTHORITY.

§16-29B-21. Procedure for obtaining initial rate schedule; adjustments and revisions of rate schedules.

(a) No hospital subject to this article may change or amend its schedule of rates except in accordance with the following procedures:
(1) Any request for a change in rate schedules or other changes must be filed in writing to the board with such supporting data as the hospital seeking to change its rates considers appropriate, in the form prescribed by the board. Upon receipt of notice, the board, if it considers necessary, may hold a public hearing on the proposed change. Such hearing shall be held no later than forty-five days after receipt of the notice. The review of the proposed change may not exceed an overall period of one hundred eighty days from the date of filing to the date of the board's order. If the board fails to complete its review of the proposed change within the time period specified for the review, the proposed change shall be deemed to have been approved by the board. Any proposed change shall go into effect upon the date specified in the order. The review period is complete upon the date of the board's final order notwithstanding an appeal of the order to the agency of the state designated by the governor, a circuit court, the intermediate court of appeals or the supreme court of appeals by an affected party;
(2) Each hospital shall establish, in a written report which shall be incorporated into each proposed rate application, that it has thoroughly investigated and considered:
(A) The economic and social impact of any proposed rate increase, or service decrease, on hospital cost containment and upon health care purchasers, including classes of purchasers, such as the elderly and low and fixed income persons;
(B) State-of-the-art advances in health care cost containment, hospital management and rate design, as alternatives to or in mitigation of any rate increase, or service decrease, which report shall describe the state-of-the-art advances considered and shall contain specific findings as to each consideration, including the reasons for adoption or rejection of each;
(C) Implementation of cost control systems, including the elimination of unnecessary or duplicative facilities and services, promotion of alternative forms of care, and other cost control mechanisms;
(D) Initiatives to create alternative delivery systems; and
(E) Efforts to encourage third-party payors, including, but not limited to, insurers, health service, care and maintenance organizations, to control costs, including a combination of education, persuasion, financial incentives and disincentives to control costs;
(3) In the event the board modifies the request of a hospital for a change in its rates so that the hospital obtains only a partial increase in its rate schedule, the hospital shall have the right to accept the benefits of the partial increase in rates and charge its purchasers accordingly without in any way adversely affecting or waiving its right to appeal that portion of the decision and order of the board which denied the remainder of the requested rate increase.
(b) The board shall allow a temporary change in a hospital's rates which may be effective immediately upon filing and in advance of review procedures when a hospital files a verified claim that such temporary rate changes are in the public interest, and are necessary to prevent insolvency, to maintain accreditation or for emergency repairs or to relieve undue financial hardship. The verified claim shall state the facts supporting the hospital's position, the amount of increase in rates required to alleviate the situation, and shall summarize the overall effect of the rate increase. The claim shall be verified by either the chairman of the hospital's governing body or by the chief executive officer of the hospital.
(c) Following receipt of the verified claim for temporary relief, the board shall review the claim through its usual procedures and standards; however, this power of review does not affect the hospital's ability to place the temporary rate increase into effect immediately. The review of the hospital's claim shall be for a permanent rate increase and the board may include such other factual information in the review as may be necessary for a permanent rate increase review. As a result of its findings from the permanent review, the board may allow the temporary rate increase to become permanent, to deny any increase at all, to allow a lesser increase, or to allow a greater increase.
(d) When any change affecting an increase in rates goes into effect before a final order is entered in the proceedings, for whatever reasons, where it deems it necessary and practicable, the board may order the hospital to keep a detailed and accurate account of all amounts received by reason of the increase in rates and the purchasers and third-party payors from whom such amounts were received. At the conclusion of any hearing, appeal or other proceeding, the board may order the hospital to refund with interest to each affected purchaser and/or third-party payor any part of the increase in rates that may be held to be excessive or unreasonable. In the event a refund is not practicable, the hospital shall, under appropriate terms and conditions determined by the board, charge over and amortize by means of a temporary decrease in rates whatever income is realized from that portion of the increase in rates which was subsequently held to be excessive or unreasonable.
(e) The board, upon a determination that a hospital has overcharged purchasers or charged purchasers at rates not approved by the board or charged rates which were subsequently held to be excessive or unreasonable, may prescribe rebates to purchasers and third-party payors in effect by the aggregate total of the overcharge.
(f) The board may open a proceeding against any hospital at any time with regard to compliance with rates approved and the efficiency and effectiveness of the care being rendered in the hospital.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 4. STATE ROAD SYSTEM.

§17-4-11. Same -- Protest against order; hearing; appeal.

Any railroad company dissatisfied with the order of the state road commissioner directing the separation or elimination of grades at any point, may, within thirty days after the receipt by the state auditor or attorney of record of such railroad company of a copy of the order directing the separation or elimination at such grades, file with the state road commissioner a protest giving the reasons of said railroad why such order should not be enforced. On the filing of such protest, the state road commissioner shall set down for hearing the matter in issue. On the hearing of the protest the state road commissioner shall hear all evidence which may be offered by any party upon the reasonableness of the separation or elimination of the grades, and if the commissioner, from the evidence, shall find that the construction of the work is necessary, he or she shall enter an order to that effect, and direct that the work shall be proceeded with in accordance with this article.
Any order entered by the state road commissioner pursuant to the provisions of this section shall be subject to judicial review by the circuit court of the county in which the grades to be separated or eliminated are located, or the circuit court of Kanawha county, upon the filing in such court or with the judge thereof in vacation, of a petition for appeal by the party or parties aggrieved by such order, within thirty days from the date of the giving of written notice of such order by the state road commissioner to the party or parties to the hearing of the protest by certified or registered mail.
The party or parties making such appeal shall forthwith send a copy of such petition for appeal, by certified or registered mail, to the state road commissioner. Upon receipt of such copy of such petition for appeal the state road commissioner shall promptly certify and file in such court a complete transcript of the record upon which the order complained of was entered. The costs of such transcript shall be recovered by the party substantially prevailing on appeal.
The court sitting in lieu of the jury, or judge thereof in vacation, shall, after due notice, conduct a hearing on the issues presented by such appeal and shall permit argument, oral or written or both, by the parties. The court shall permit such pleadings, in addition to the pleadings before the state road commissioner, as it deems considers to be required necessary. Evidence relating to the making of the order complained of and relating to the questions raised by the allegations of the pleadings or other questions pertinent in the proceeding may be offered by the parties to the proceeding.
Upon such conditions as may be required and to the extent necessary to prevent irreparable injury, any circuit court to which an appeal has been made as provided in this section, may, after due notice to and hearing of the parties to the appeal, issue all necessary and appropriate process to postpone the effective date of order of the state road commissioner complained of or to grant such other relief as may be appropriate pending final determination.
A circuit court to which an appeal has been made as provided in this section, may affirm, annul or revise the order of the state road commissioner complained of, or it may remand the proceeding to the state road commissioner for such further action as it directs.
The decision of the circuit court on an appeal from the state road commissioner shall be final, subject only to review by the supreme intermediate court of appeals of West Virginia upon a petition for certiorari filed in such court within sixty days from the entry of the order and decision of the circuit court upon such appeal from the state road commissioner. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals within the time and in the manner provided by law for civil appeals generally.

§17-4-53. Same -- Appeals from and judicial review of determinations and final orders of commissioner.

(a) Any objection or preliminary determination issued by the state road commissioner under sections forty-seven, forty- eight, forty-nine or fifty of this article shall be subject to judicial review by the circuit court of the county in which the real property affected is located, or the circuit court of Kanawha county, upon the filing in such court or with the judge thereof in vacation, of a petition for appeal by the owner or owners aggrieved by such objection or preliminary determination, within thirty days from the date of the giving of notice of such objection or preliminary determination.
(b) The owner or owners making such appeal shall forthwith send a copy of such petition for appeal, by certified or registered mail, to the state road commissioner. Upon receipt of such copy of such petition for appeal the state road commissioner shall promptly certify and file in such court a complete transcript of the record upon which the preliminary determination or objection complained of was made. The costs of such transcript shall be paid by the commissioner.
(c) The court sitting in lieu of a jury, or judge thereof in vacation, shall, after due notice, conduct a hearing on the issues presented by such appeal and shall permit argument, oral or written or both, by the parties. The court shall permit such pleadings, in addition to the pleadings before the state road commissioner, as it deems to be required. Evidence relating to the making of the objection or preliminary determination complained of and relating to the questions raised by the allegations of the pleadings or other questions pertinent in the proceeding may be offered by the parties to the proceeding.
(d) Upon such conditions as may be required and to the extent necessary to prevent irreparable injury, any circuit court to which an appeal has been made as provided in this section, may, after due notice to and hearing of the parties to the appeal, issue all necessary and appropriate process to postpone the effective date of the objection or final determination of the state road commissioner or to grant such other relief as may be appropriate pending final determination.
(e) A circuit court to which an appeal has been made as provided in this section, may affirm, annul or revise the objection or preliminary determination of the state road commissioner, or it may remand the proceeding to the state road commissioner for such further action as it directs.
(f) The decision of the circuit court on an appeal from the state road commissioner shall be final, subject only to review by the supreme intermediate court of appeals of West Virginia upon a petition for certiorari filed in such court within sixty days from the entry of an order and decision of the circuit court upon such appeal from the state road commissioner. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 22. OUTDOOR ADVERTISING.

§17-22-13. Licenses required; application; expiration; exceptions; revocations; judicial review.

No person shall engage or continue in the business of outdoor advertising in this state without first obtaining a license therefor from the commissioner; and no person shall construct, erect, operate, use, maintain, lease or sell any outdoor advertising sign, display, or device in this state without first obtaining such a license from the commissioner. The fee for such license, hereby imposed for revenue for the use of the state, shall be one hundred dollars per annum, payable annually in advance. Applications for licenses, or renewal of licenses, shall be made on forms furnished by the commissioner and shall contain such pertinent information as the commissioner may require, and shall be accompanied by the annual fee. Licenses granted under this section shall expire on the thirtieth day of June of each year, and shall not be prorated. Applications for the renewal of licenses shall be made not less than thirty days prior to the date of expiration. Nothing in this section shall be construed to require any person to obtain a license who constructs, erects, operates, uses or maintains an outdoor advertising sign, display, or device solely on his own property.
The commissioner shall have authority, after thirty days' notice in writing to the licensee, to make and enter an order revoking any license granted by him upon repayment of a proportionate part of the license fee, in any case where he shall find that any material information required to be given in the application for the license is knowingly false or misleading or that the licensee has violated any of the provisions of this article, unless such licensee shall, before the expiration of said thirty days, correct such false or misleading information and comply with the provisions of this article. Such order shall be accompanied by findings of fact and conclusions of law upon which such order was made and entered. Any person adversely affected by an order made and entered by the commissioner is entitled to judicial review thereof. Such judicial review shall be in the circuit court for the county in which the owner of such sign has his principal place of business in this state, or in the circuit court of Kanawha county if all parties agree thereto. The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals of West Virginia. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. Legal counsel and services for the commissioner in appeal proceedings in any circuit court, intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants, and in appeal proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The commissioner may employ special counsel to represent the commissioner in a particular proceeding.

§17-22-15. Permit required for each sign, etc.; applications; refusal of permits; expiration and renewal; change of advertising copy; revocation; fee; judicial review.

(a) Except as in this article otherwise provided, no person shall construct, erect, operate, use, maintain, or cause or permit to be constructed, erected, operated, used or maintained any advertising sign, display, or device without first obtaining a permit therefor from the commissioner and paying the annual fee therefor, as herein provided. The commissioner shall not issue such a permit to any person who has not obtained the license provided for in section thirteen of this article.
(b) A separate application for a permit shall be made for each separate advertising sign, display, or device, on a form furnished by the commissioner, which application shall be signed by the applicant or his representative duly authorized in writing to act for him, and shall describe and set forth the size, shape and the nature of the proposed advertising sign, display, or device, and its actual or proposed location with sufficient accuracy to enable the commissioner to locate and identify it. Every application shall be accompanied by a fee of one dollar for each advertising sign, display, or device, which fee shall be retained by the commissioner if the permit is issued. Each portion of an advertising sign upon which a display is posted or exhibited shall constitute a separate advertising sign for purposes of this section. If the permit is refused the commissioner shall make and enter an order to that effect and shall cause a copy of such order to be served on such applicant by certified mail, return receipt requested, and shall refund one half the fee to the applicant. Such order shall be accompanied by findings of fact and conclusions of law upon which such order was made and entered. Each application shall be accompanied by an affidavit of the applicant or his agent that the owner or other person in control or possession of the real property upon which such advertising sign, display, or device is to be constructed, erected, operated, used or maintained, has consented thereto. Application shall be made in like manner for a permit to operate, use or maintain any existing advertising sign, display or device. Permits issued hereunder shall expire on the thirtieth day of June of each year, and shall not be prorated, and may be renewed upon the payment of the same fee required to be paid upon application for a permit. No application shall be required for a renewal of a permit.
(c) If more than one side of an advertising sign is used for advertising, a fee for each such side shall be required. Advertisements sculptured in the round shall be treated as using three sides.
(d) The holder of a permit shall, during the term thereof, have the right to change the advertising copy of the structure or sign for which it was issued without payment of any additional fee.
(e) The commissioner shall have authority, after thirty days' notice in writing to the permittee, to make and enter an order revoking any permit issued by him under this section upon repayment of a proportionate part of the fee in any case where it shall appear to the commissioner that the application for the permit contains knowingly false or misleading information or that the permittee has violated any of the provisions of this article, unless such permittee shall, before the expiration of said thirty days, correct such false or misleading information and comply with the provisions of this article. Such order shall be accompanied by findings of fact and conclusions of law upon which such order was made and entered. If the construction, erection, operation, use or maintenance of any advertising sign, display, or device for which a permit is issued by the commissioner and the permit fee has been paid as above provided, shall be prevented by any zoning board, commission or other public agency which also has jurisdiction over the proposed advertising sign, display, or device, or its site, the fee for such advertising sign, display, or device shall be returned by the commissioner and the permit revoked. But one half the fee shall be deemed to have accrued upon the erection of an advertising sign or structure or the display of advertising material followed by any inspection by the commissioner or his representatives.
(f) Any person adversely affected by an order made and entered by the commissioner refusing to grant or revoking a permit is entitled to judicial review thereof. Such judicial review shall be (1) in the county in which the person applying for the permit has his principal place of business in this state, or (2) in the circuit court for the county in which the sign for which the permit is sought is to be located, or (3) in the circuit court of Kanawha county if all parties agree thereto. The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals of West Virginia. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. Legal counsel and services for the commissioner in appeal proceedings in any circuit court, intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants, and in appeal proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The commissioner may employ special counsel to represent the commissioner in a particular proceeding.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTI-THEFT PROVISIONS.
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS, ETC.

§17A-6-23. Judicial review.

(a) Any person or the commissioner adversely affected by a final order made and entered by the board is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such review with like effect as if the provisions of said section four were set forth in extenso in this section.
(b) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
(c) Legal counsel and services for the commissioner in all appeal proceedings in any circuit court, intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants, and in appeal proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation and in accordance with the provisions of section twenty, article two of this chapter. The board or commissioner, with the written approval of the attorney general, may employ special counsel to represent the board or commissioner in a particular proceeding.

§17A-6-24. Actions to enjoin violations; injunctive relief.

(a) Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this article or any final order of the commissioner or board, the commissioner may apply in the name of the state, to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in, or in any way participating in, any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of article eleven of this chapter.
(b) Upon application by the commissioner, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article and all final orders of the commissioner or board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
(c) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
(d) The commissioner shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit courts by the prosecuting attorneys of the several counties as well, all without additional compensation and in accordance with the provisions of said section twenty, article two of this chapter. With the written approval of the attorney general, the commissioner may employ special counsel to represent him in any such proceeding.
ARTICLE 6B. LICENSE SERVICES.

§17A-6B-12. Injunctive relief.

(a) Whenever it appears to the commissioner that any person or licensee has violated any provision of this article or any final order of the commissioner, the commissioner may petition, in the name of the state, the circuit court of the county in which the violation or violations occurred, for an injunction against such person or licensee. A violation or violations resulting in prosecution or conviction under the provisions of article eleven of this chapter shall not prohibit injunctive relief.
The circuit court may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final orders of the commissioner. The court may also issue temporary injunctions.
(b) The judgment by the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
ARTICLE 6C. AUTOMOBILE AUCTION BUSINESSES.

§17A-6C-16. Injunctive relief.

(a) If it appears to the commissioner that any person or licensee has violated any provision of this article or any final order of the commissioner, the commissioner may petition, in the name of the state, the circuit court of the county in which the violation or violations occurred, for an injunction against such person or licensee. A violation or violations resulting in prosecution or conviction under the provisions of article eleven of this chapter shall not prohibit injunctive relief.
The circuit court may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final orders of the commissioner. The court may also issue temporary injunctions.
(b) The judgment by the circuit court is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
CHAPTER 18. EDUCATION.
ARTICLE 29. GRIEVANCE PROCEDURE .

§18-29-8. Allocation of costs.

Any expenses incurred relative to the grievance procedure at levels one through three shall be borne by the party incurring such expenses except as to the costs of transcriptions as provided for in section six of this article.
In the event an employee or employer appeals an adverse level four decision to the circuit court or an adverse circuit court decision to the intermediate court of appeals or supreme court of appeals, and the employee substantially prevails upon such appeal, the employee or the organization representing the employee is entitled to recover court costs and reasonable attorney fees, to be set by the court, from the employer.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-11. Employee's right to attorney's fees and costs.

If an employee shall appeal to a circuit court an adverse decision of either a county board of education or of a hearing examiner rendered in a grievance or other proceeding pursuant to provisions of chapters eighteen and eighteen-a of this code and such person shall substantially prevail, the adverse party or parties shall be liable to such employee, upon final judgment or order, for court costs, and for reasonable attorney's fees, to be set by the court, for representing such employee in all administrative hearings and before the circuit court, the intermediate court of appeals and the supreme court of appeals, and shall be further liable to such employee for any court reporter's costs incurred during any such administrative hearings or court proceedings: Provided, That in no event shall such attorney's fees be awarded in excess of a total of one thousand dollars for the administrative hearings and circuit court proceedings nor an additional one thousand dollars for intermediate or supreme court proceedings: Provided, however, That the requirements of this section shall not be construed to limit the school employee's right to recover reasonable attorney's fees in a mandamus proceeding brought under section eight, article four, chapter eighteen-a of this code.
CHAPTER 19. AGRICULTURE.
ARTICLE 1B. SEDIMENT CONTROL DURING TIMBER HARVESTING.

§19-1B-11. Creation of conference panels; authority.

(a) Each forestry district in this state shall contain an informal conference panel composed of three persons which shall act on behalf of the state to decide appeals of orders of the director. One member of the panel shall be selected by the director, one member shall be selected by the chief and one member shall be selected by agreement between the chief and the director. If a vacancy exists on the panel, the vacancy shall be filled by whomever made the initial selection. The members of the panel shall serve without compensation.
(b) Upon appeal of a decision under this section or upon petition by the chief, pursuant to the provisions of subsection (a), section five of this article, the panel shall hold an informal conference affirming, modifying or vacating an order of the director, or issuing an order in the name of the director. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notice of its decision to the parties. The decision of the panel shall be final unless reversed, vacated or modified on appeal to the circuit court of the county wherein the cause for the decision arose.
(c) A party aggrieved by a decision of a panel may appeal to the circuit court of the county wherein the cause for the order arose. Such appeal must be filed with the circuit court within twenty days of the date of decision of the panel and shall be heard de novo by the court. The court may reverse, vacate or modify the decision of the panel. The decision of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by law for appeals from circuit courts in other civil cases.

§19-1B-12. Civil penalties.

The director may seek and recover a civil penalty for a violation of any provision of this article, any rule, regulation or order of the director in the circuit court of the county in which the violation occurred, in an amount not exceeding two thousand five hundred dollars for the first offense and not exceeding five thousand dollars for any subsequent offense.
Any penalty recovered pursuant to this section shall be deposited in the state treasury to the credit of the timbering operations enforcement fund.
Any person aggrieved by a decision of the circuit court pursuant to this section may appeal the circuit court order to the supreme intermediate court of appeals. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals .
ARTICLE 2A. PUBLIC MARKETS.

§19-2A-9. Appeal from order of commissioner.

Any party feeling aggrieved by the entry of a final order by the commissioner, affecting him or it, may present a petition in writing to the supreme intermediate court of appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the commissioner before presenting the same to the court or the judge. The court or judge shall fix a time for the hearing on the application, but such hearing, unless by agreement of the parties, shall not be held, sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the commissioner, so that the commissioner may be represented at such hearing. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. For such hearing the commissioner shall file with the clerk of said court all papers, documents, evidence, and records or certified copies thereof as were before the commissioner at the hearing or investigation resulting in the entry of the order from which the petitioner appeals. The commissioner shall file with the court before the day fixed for the final hearing a written statement of his reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.
§19-2B-9. Hearings; judicial review.
(a) When any person is entitled to a hearing before the commissioner as authorized in this article, the commissioner shall hold such hearing and all of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern such hearing and the administrative procedures in connection with and following such hearing, with like effect as if the provisions of said article five were set forth in extenso in this subsection, except that the hearing shall be held in the county in which the establishment involved is located, or in which the affected person resides or has his or her principal place of business, or in Kanawha county, West Virginia, at the election of the commissioner. Any such hearing shall be held within the time limits hereinbefore specified in this article, unless there is a postponement or a continuance for good cause shown.
(b) For the purpose of any such hearing, the commissioner shall have the power and authority to issue subpoenas and subpoenas duces tecum, in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code. All subpoenas and subpoenas duces tecum shall be issued and served within the time and for the fees and shall be enforced, as specified in section one, article five of said chapter twenty-nine-a, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder. At any such hearing, the person who demanded the same may represent himself or be represented by an attorney-at-law admitted to practice before any circuit court of this state.
(c) After such hearing and consideration of all the testimony, evidence and record in the case, the commissioner shall make and enter an order deciding the matter in question. Such order shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of such order and accompanying findings and conclusions shall be served upon all the parties and their attorneys of record, if any, in person or by registered or certified mail. The commissioner shall also cause a notice to be served with a copy of such order, which notice shall advise the parties of their right to judicial review, in accordance with the provisions of subsection (d) of this section. The order of the commissioner shall be final unless vacated or modified upon judicial review thereof in accordance with the provisions of subsection (d) of this section.
(d) Any party adversely affected by a final order made and entered by the commissioner after such hearing, held in accordance with the provisions of subsections (a) through (c) of this section, is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such review with like effect as if the provisions of said section four were set forth in extenso in this subsection, except that the petition shall be filed in the circuit court of the county in which the hearing before the commissioner was held.
(e) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW.

§19-14-7. Hearings and appeals.

(a) No application shall be refused until the applicant has the opportunity to amend his or her application to comply with the requirements of this article.
No registration or permit shall be refused, suspended or revoked until the registrant or permittee shall have the opportunity to have a hearing before the commissioner.
(b) Any person adversely affected by an act, order or ruling made pursuant to the provisions of this article, may within forty- five days thereafter, bring an action for judicial review in the circuit court of the county in which the violation occurred.
Any party aggrieved by a final judgment entered by a circuit court, may appeal to the West Virginia supreme intermediate court of appeals. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 23. HORSE AND DOG RACING.

§19-23-17. Judicial review; appeal to supreme court of appeals; legal representation for racing commission.

Any person adversely affected by a decision of the racing commission rendered after a hearing held in accordance with the provisions of section sixteen of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section, except that execution of a decision of suspension or revocation of a license shall be stayed or suspended pending a final judicial determination, and except that execution of a decision of suspension or revocation of a permit shall not be stayed or suspended pending a final judicial determination.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
Legal counsel and services for the racing commission in all appeal proceedings in any circuit court, intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The racing commission, with the written approval of the attorney general, may employ special counsel to represent the racing commission at any such appeal proceedings.

§19-23-25. Application to enjoin violations.

Whenever it appears to the racing commission that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the racing commission, the racing commission may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section twenty-six of this article.
Upon application by the racing commission, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the racing commission. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The racing commission shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation. The racing commission, with the written approval of the attorney general, may employ special counsel to represent the racing commission in any such proceedings.
CHAPTER 21. LABOR
ARTICLE 1A. LABOR-MANAGEMENT RELATIONS ACT.

§21-1A-6. Prevention of unfair labor practices.

(a) The board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice specified in section four of this article. The authority and power to prevent unfair labor practices prescribed in this article is exclusively vested in the board, and shall be limited to the procedures provided in this section, except for the rights of action explicitly granted to and against employers and labor organizations by section seven of this article: Provided, That nothing contained in this article shall be deemed to preempt, limit or restrict any person in the enforcement or prosecution of any action now or at any time in the future in any court of this state to enforce any legal right or cause of action heretofore or otherwise existing under law, including, but not limited to, any right to injunctive relief against violence, threats of violence, mass picketing, obstruction, or injury or threatened injury to property or person, in connection with labor disputes.
(b) Whenever it is charged by a charge filed with the board that any person has engaged in or is engaging in any such unfair labor practice, the board's executive secretary, provided for in article one-b of this chapter, shall have power to investigate such charge and if he concludes that there is probable cause to believe that such person has engaged in or is engaging in such unfair labor practice, to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the board, at a place therein fixed, not less than ten days after the serving of said complaint: Provided, That no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the board and the service of a copy thereof upon the person against whom the charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the armed forces, in which event the six months' period shall be computed from the day of his discharge. Any such complaint may be amended by the board in its discretion at any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise at a hearing scheduled thereon and give testimony. Any such hearing may be conducted by the board, any member thereof or any agent of the board designated by the board for such purpose. In the discretion of the board, member or agent conducting the hearing, any other person may be allowed to intervene in the said proceeding and present testimony. Any scheduled hearing may be continued by the board, member or agent conducting the hearing upon its or his own motion or for good cause shown by any person thereto.
(c) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern the hearing and the administrative procedures in connection with and following such hearing, with like effect as if the provisions of said article five were set forth in this subsection, with the following modifications or exceptions:
(1) Any such proceeding shall, so far as is practicable, be conducted in accordance with the rules of evidence as applied in civil cases in the circuit courts of this state; and
(2) The testimony taken by the board, member or agent conducting the hearing shall in every case be reduced to writing and filed with the board.
(d) For the purpose of conducting any such hearing any member of the board or agent designated to conduct such hearing shall have the power and authority to issue subpoenas and subpoenas duces tecum which shall be issued and served within the time, for the fees and shall be enforced, as specified in section one, article five of said chapter twenty-nine-a, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.
(e) Subsequent to the conclusion of the hearing, the board, in its discretion, may upon notice take further testimony or hear argument.
(f) If upon consideration of the record by the board, and upon a preponderance of the evidence, the board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the board shall state its findings of fact and conclusions of law and shall issue and cause to be served upon such person, by certified mail, return receipt requested, an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees, with or without back pay, as will effectuate the purposes of this article. Such order may further require such person to make reports from time to time showing the extent to which such person has complied with the order. If upon the preponderance of the evidence the board shall not be of opinion that the person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the board shall state its findings of fact and conclusions of law and shall issue an order dismissing the said complaint. No order of the board shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to him of any back pay, if such individual was suspended or discharged for cause.
(g) The decision of the board shall be final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of subsection (h) of this section.
(h) The board shall have power to petition the circuit court of any county wherein the unfair labor practice in question occurred, for the enforcement of such order and for appropriate temporary relief or a restraining order. Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may obtain a review of such order in the circuit court of any county wherein the unfair labor practice in question was alleged to have occurred, and such review may be had only in such court notwithstanding the provisions of section four, article five, chapter twenty-nine-a of this code. Upon the filing of any such petition for enforcement or review, the court shall have jurisdiction and power to grant such temporary relief or restraining order as it deems just and to make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, the order of the board. Except as provided above in this subsection any petition for review shall be governed by the provisions of section four, article five, chapter twenty-nine-a of this code with like effect as if the provisions of said section four were set forth in this subsection (h).
(i) The board shall have the power, upon issuance of a complaint as provided in subsection (b) of this section charging that any person has engaged in or is engaging in an unfair labor practice, to petition the circuit court of the county wherein the unfair labor practice in question is alleged to have occurred or to be occurring for appropriate temporary injunction or a restraining order. Upon the filing of any such petition, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction to grant to the board such temporary injunction or restraining order as it deems just and proper.
(j) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of subparagraphs (A), (B) or (C), subdivision (4), subsection (b), section four of this article, or subsection (e) of said section four or subdivision (7), subsection (b) of said section four, the preliminary investigation of such charge shall be made forthwith and given priority over all cases except cases of like character. If, after such investigation, the executive secretary of the board has reasonable cause to believe such charge is true and that a complaint should issue, he shall, on behalf of the board, petition the circuit court of any county wherein the unfair labor practice in question has occurred or is occurring, for appropriate temporary injunctive relief pending the final adjudication of the board with respect to such matter. Upon the filing of any such petition the circuit court shall have jurisdiction to grant such temporary injunctive relief or temporary restraining order as it deems just and proper.
(k) An appeal from any decision of a circuit court pursuant to this article may be had, notwithstanding the provisions of section one, article six, chapter twenty-nine-a of this code, by filing a petition for a writ of certiorari with the supreme intermediate court of appeals of West Virginia within sixty days of the date of entry of final order by the circuit court. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
ARTICLE 5A. WAGES FOR PUBLIC IMPROVEMENTS.

§21-5A-5. Prevailing wages established at regular intervals; how determined; filing; objections to determination; hearing; final determination; appeals to board; judicial review.

(1) The department of labor, from time to time, shall investigate and determine the prevailing hourly rate of wages in the localities in this state. Determinations thereof shall be made annually on January one of each year and shall remain in effect during the successive year: Provided, however, That such rates shall not remain in effect for a period longer than fifteen months from the date they are published.
In determining such prevailing rates, the department of labor may ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, and such rates as are paid generally within the locality in this state where the construction of the public improvement is to be performed.
(2) A copy of the determination so made, certified by the secretary of the board, shall be filed immediately with the secretary of state and with the department of labor. Copies shall be supplied to all persons requesting same within ten days after such filing.
(3) At any time within fifteen days after the certified copies of the determination have been filed with the secretary of state and the department of labor, any person who may be affected thereby may object in writing to the determination or such part thereof as he deems objectionable by filing a written notice with the department of labor stating the specific grounds of the objection.
(4) Within ten days of the receipt of the objection, the department of labor shall set a date for a hearing on the objection. The date for the hearing shall be within thirty days after the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing and at a time so as to enable the objectors to be present.
(5) The department of labor at its discretion may hear such written objection separately or consolidate for hearing any two or more written objections. At the hearing the department of labor shall introduce into evidence the results of the investigation it instituted and such other facts which were considered at the time of the original determination of the fair minimum prevailing hourly rate including the sources which formed the basis for its determination. The department of labor or any objectors thereafter may introduce such further evidence as may be material to the issues.
(6) Within ten days of the conclusion of the hearing, the department must rule on the written objections and make such final determination as shall be established by a preponderance of the evidence. Immediately upon such final determination, the department of labor shall file a certified copy of its final determination with the secretary of state and with the department of labor and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail.
(7) Any person affected by the final determination of the department of labor, whether or not such person participated in the proceedings resulting in such final determination, may appeal to the board from the final determination of the department of labor within ten days from the filing of the copy of the final determination with the secretary of state. The board shall hear the appeal within twenty days from the receipt of notice of appeal. The hearing by the board shall be held in Charleston. The hearing by the board shall be upon the record compiled in the hearing before the department of labor and the board shall have the authority to affirm, reverse, amend, or remand for further evidence, the final determination of the department of labor. The board shall render its decision within ten days after the conclusion of its hearing.
(8) Any party to the proceeding before the board or any person affected thereby may within thirty days after receipt of the notice of its decision, appeal the board's decision to the circuit court of the county wherever the construction of a public improvement is to be performed, which shall consider the case on the record made before the commissioner of labor and before the board. The decision of such circuit court may be appealed to the supreme intermediate court of appeals of West Virginia by any party to the proceedings or by any person affected thereby in the manner provided by law for appeals in civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(9) Pending the decision on appeal, the rates for the preceding year shall remain in effect.
ARTICLE 6. CHILD LABOR.

§21-6-2. Employment of children under eighteen in certain occupations; determination as to other occupations; appeal to supreme court.

No child under eighteen years of age shall be employed, permitted or suffered to work in any mine, quarry or tunnel; or in, about, or in connection with any of the following:
(1) Stone cutting or polishing;
(2) The manufacture or transportation of explosives or highly inflammable substances;
(3) Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or in any other place in which the heating, melting or heat treatment of metals is carried on;
(4) Machinery used in the cold rolling of heavy metal stock, metal plate bending machines, or power-driven metal planing machines.
No child under eighteen years of age shall be employed or permitted to work in a public poolroom or billiard room, or be permitted, employed or suffered to sell, dispense or serve beer, in any place or establishment where beer is served, sold or dispensed, if dancing is permitted or allowed in the same room in which such beer is served, sold or dispensed, or in any indecent, obscene or immoral exhibition or practice.
The state commissioner of labor, the state director of health, and the state superintendent of free schools may, from time to time, after hearing duly had, determine whether or not any particular trade, process of manufacturing, or occupation in which the employment of children under eighteen years of age is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture, or occupation, is sufficiently dangerous to the lives or limbs, or injurious to the health or morals of children under eighteen years of age to justify their exclusion therefrom. There shall be a right of appeal to the supreme intermediate court of appeals from any such determination. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
No child under eighteen years of age shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious to such children: Provided, That a child between the ages of sixteen and eighteen years who has completed the minimum training requirements of the West Virginia University fire service extension fire-fighter training section one, or its equivalent, and who has the written consent of his parents or guardian may be employed by or elected as a member of a volunteer fire department to perform fire-fighting functions without any such determination: Provided, however, That no such child may be permitted to operate any fire-fighting vehicles, enter a burning building in the course of his employment or work or enter into any area determined by the fire chief or fireman in charge at the scene of a fire or other emergency to be an area of danger exposing the child to physical harm by reason of impending collapse of a building or explosion, unless such child is under the immediate supervision of a fire line officer.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 7. CLAIM PROCEDURE.

§21A-7-27. Appeal to intermediate court of appeals; appeal to the supreme court of appeals.

The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.

§21A-7-30. Appeals from administrative decisions relative to chargeability of benefits.

Appeals shall lie to the board of review, in the manner as provided in this article relating to appeal from an examiner's decision, and under such rules, regulations, and procedure as may be prescribed by the board, from an administrative decision of the commissioner relating to chargeability of benefits. Appeals shall lie from a final decision of the board of review in such case to the circuit court of Kanawha county and thence to the supreme intermediate court of appeals of West Virginia within the times and in the manner as provided in this article. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
CHAPTER 22. ENVIRONMENTAL RESOURCES
ARTICLE 5. AIR POLLUTION CONTROL.

§22-5-8. Emergencies.

Whenever air pollution conditions in any area of the state become such as, in the opinion of the director, to create an emergency and to require immediate action for the protection of the public health, the director may, with the written approval of the governor, so find and enter such order as it deems necessary to reduce or prevent the emission of air pollutants substantially contributing to such conditions. In any such order the director shall also fix a time, not later than twenty-four hours thereafter, and place for a hearing to be held before it for the purpose of investigating and determining the factors causing or contributing to such conditions. A true copy of any such order shall be served upon persons whose interests are directly prejudiced thereby in the same manner as a summons in a civil action may be served, and a true copy of such order shall also be posted on the front door of the courthouse of the county in which the alleged conditions originated. All persons whose interests are prejudiced or affected in any manner by any such order shall have the right to appear in person or by counsel at the hearing and to present evidence relevant to the subject of the hearing. Within twenty-four hours after completion of the hearing the director shall affirm, modify or set aside said order in accordance and consistent with the evidence adduced. Any person aggrieved by such action of the director may thereafter apply by petition to the circuit court of the county for a review of the director's action. The circuit court shall forthwith fix a time for hearing de novo upon the petition and shall, after such hearing, by order entered of record, affirm, modify or set aside, in whole or in part, the order and action of the director. Any person whose interests shall have been substantially affected by the final order of the circuit court may appeal the same to the supreme intermediate court of appeals in the manner prescribed by law. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.

§22-5-10. Records, reports, data or information; confidentiality; proceedings upon request to inspect or copy.

All air quality data, emission data, permits, compliance schedules, orders of the director, board orders and any other information required by a federal implementation program (all for convenience hereinafter referred to in this section as "records, reports, data or information") obtained under this article shall be available to the public, except that upon a showing satisfactory to the director, by any person, that records, reports, data or information or any particular part thereof, to which the director has access under this article if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the director shall consider such records, reports, data or information or such particular portion thereof confidential: Provided, That such confidentiality does not apply to the types and amounts of air pollutants discharged and that such records, reports, data or information may be disclosed to other officers, employees or authorized representatives of the state or of the federal environmental protection agency concerned with enforcing this article, the federal Clean Air Act, as amended, or the federal Resource Conservation and Recovery Act, as amended, when relevant to any official proceedings thereunder: Provided, however, That such officers, employees or authorized representatives of the state or federal environmental protection agency protect such records, reports, data or information to the same degree required of the director by this section. The director shall promulgate legislative rules regarding the protection of records, reports, data or information, or trade secrets, as required by this section.
All requests to inspect or copy documents must state with reasonable specificity the documents or type of documents sought to be inspected or copied. Within five business days of the receipt of such a request, the director or his or her designate shall: (a) Advise the person making such request of the time and place at which the person may inspect and copy the documents; or (b) deny the request, stating in writing the reasons for such denial. For purposes of judicial appeal, a written denial by the director shall be deemed an exhaustion of administrative remedies. Any person whose request for information is denied, in whole or in part, may appeal from such denial by filing with the director a notice of appeal. Such notice shall be filed within thirty days from the date the request for information was denied, and shall be signed by the person whose request was denied or the person's attorney. The appeal shall be taken to the circuit court of Kanawha County, where it shall be heard without a jury. The scope of review is limited to the question of whether the records, reports, data or other information, or any particular part thereof (other than emission data), sought to be inspected or copied, would, if made public, divulge methods or processes entitled to protection as trade secrets. The said court shall make findings of fact and conclusions of law based upon the evidence and testimony. The director, the person whose request was denied, or any other person whose interest has been substantially affected by the final order of the circuit court may appeal to the supreme intermediate court of appeals in the manner prescribed by law. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 6. OFFICE OF OIL AND GAS.

§22-6-5. Requirements for findings, orders and notices; posting of findings and orders; judicial review of final orders of director.

(a) All findings and orders made pursuant to section three or four of this article, and all notices required to be given of the making of such findings and orders, shall be in writing. All such findings and orders shall be signed by the person making them, and all such notices shall be signed by the person charged with the duty of giving the notice. All such notices shall contain a copy of the findings and orders referred to therein.
(b) Notice of any finding or order required by section three or four of this article to be given to an operator shall be given by causing such notice, addressed to the operator of the well, well site or other oil and/or gas facility to which such finding or order pertains, to be delivered to such operator by causing a copy thereof to be sent by registered mail to the permanent address of such operator as filed with the division and by causing a copy thereof to be posted upon the drilling rig or other equipment at the well, well site or other oil and/or gas facility, as the case may be. The requirement of this article that a notice shall be "addressed to the operator of the well, well site or other oil and/or gas facility to which such finding or order pertains," shall not require that the name of the operator for whom it is intended shall be specifically set out in such address. Addressing such notice to "Operator of ___________________," specifying the well, well site or other oil and/or gas facility sufficiently to identify it, shall satisfy such requirement.
(c) Any well operator, complaining coal operator, owner or lessee, if any, adversely affected by a final order issued by the director under section four of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
(d) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two of said article.
(e) Legal counsel and services for the director in all appeal proceedings in any circuit court, intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his or her assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The director, with written approval of the attorney general, may employ special counsel to represent the director at any such appeal proceedings.

§22-6-40. Appeal from order of issuance or refusal of permit to drill or fracture; procedure.

Any party to the proceeding under section fifteen of this article or section seven, article eight, chapter twenty-two-c of this code, adversely affected by the issuance of a drilling permit or to the issuance of a fracturing permit or the refusal of the director to grant a drilling permit or fracturing permit is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two of said article.

§22-6-41. Appeal from order of issuance or refusal of permit for drilling location for introduction of liquids or waste or from conditions of converting procedure.

Any party to the proceedings under section sixteen of this article adversely affected by the order of issuance of a drilling permit or to the issuance of a fracturing permit or the refusal of the director to grant a drilling permit or fracturing permit is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of section four were set forth in extenso in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two of said article.
ARTICLE 9. UNDERGROUND GAS STORAGE RESERVOIRS.

§22-9-10. Conferences, hearings and appeals.

(a) The director or any person having a direct interest in the subject matter of this article may at any time request that a conference be held for the purpose of discussing and endeavoring to resolve by mutual agreement any matter arising under the provisions of this article. Prompt notice of any such conference shall be given by the director to all such interested parties. At such conference a representative of the director shall be in attendance, and the director may make such recommendations as are deemed appropriate. Any agreement reached at such conference shall be consistent with the requirements of this article and, if approved by such representative of the director, it shall be reduced to writing and shall be effective unless reviewed and rejected by the director within ten days after the close of the conference. The record of any such agreement approved by the director shall be kept on file by the director with copies furnished to the parties. The conference shall be deemed terminated as of the date any party refuses to confer thereafter. Such a conference shall be held in all cases prior to conducting any hearing under this section.
(b) Within ten days after termination of the conference provided for in this section at which no approved agreement has been reached or within ten days after the rejection by the director of any agreement approved at any such conference, any person who has a direct interest in the subject matter of the conference may submit the matter or matters, or any part thereof, considered at the conference, to the director for determination at a public hearing. The hearing procedure shall be formally commenced by the filing of a petition with the director upon forms prescribed by the director or by specifying in writing the essential elements of the petition, including name and address of the petitioner and of all other persons affected thereby, a clear and concise statement of the facts involved, and a specific statement of the relief sought. The hearing shall thereafter be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code and with such rules and such provisions as to reasonable notice as the director may prescribe. Consistent with the requirements for reasonable notice all hearings under this article shall be held by the director promptly. All testimony taken at such hearings shall be under oath and shall be reduced to writing by a reporter appointed by the director, and the parties shall be entitled to appear and be heard in person or by attorney. The director may present at such hearing any evidence which is material to the matter under consideration and which has come to the director's attention in any investigation or inspection made pursuant to provisions of this article.
(c) After the conclusion of hearings, the director shall make and file the director's findings and order with the director's opinion, if any. A copy of such order shall be served by registered mail upon the person against whom it runs, or such person's attorney of record, and notice thereof shall be given to the other parties to the proceedings, or their attorney of record.
(d) The director may, at any time after notice and after opportunity to be heard as provided in this section, rescind or amend any approved agreement or order made by the director. Any order rescinding or amending a prior agreement or order shall, when served upon the person affected, and after notice thereof is given to the other parties to the proceedings, have the same effect as is herein provided for original orders; but no such order shall affect the legality or validity of any acts done by such person in accordance with the prior agreement or order before receipt by such person of the notice of such change.
(e) The director shall have power, either personally or by any of the director's authorized representatives, to subpoena witnesses and take testimony, and administer oaths to any witness in any hearing, proceeding or examination instituted before the director or conducted by the director with reference to any matter within the jurisdiction of the director. In all hearings or proceedings before the director the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing; and in case of disobedience to a subpoena or other process the director or any party to the proceedings before the director may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of such books, records, maps, plats, papers, documents and other writings as the director may deem necessary or proper in and pertinent to any hearing, proceeding or investigation held or had by the director. Such court, in case of the refusal of any such person to obey the subpoena, shall issue an order requiring such person to appear before the director and produce the required documentary evidence, if so ordered, and give evidence touching the matter in question. Any failure to obey such order of the court may be punished by such court as contempt thereof. A claim that any such testimony or evidence may tend to incriminate the person giving the same shall not excuse such witness from testifying, but such witness shall not be prosecuted for any offense concerning which the witness compelled hereunder to testify.
(f) With the consent of the director, the testimony of any witness may be taken by deposition at the instance of a party to any hearing before the director at any time after hearing has been formally commenced. The director may, of the director's own motion, order testimony to be taken by deposition at any stage in any hearing, proceeding or investigation pending before the director. Such deposition shall be taken in the manner prescribed by the laws of West Virginia for taking depositions in civil cases in courts of record.
(g) Whether or not it be so expressly stated, an appeal from any final order, decision or action by the director in administering the provisions of this article may be taken by any aggrieved person within ten days of notice of such order, decision or action, to the circuit court of the county in which the subject matter of such order, decision or action is located, and in all cases of appeals to the circuit court, that court shall certify its decisions to the director. The circuit court to which the appeal is taken shall hear the appeal without a jury on the record certified by the director. In any such appeal the findings of the director shall, if supported by substantial evidence, be conclusive. If the order of the director is not affirmed, the court may set aside or modify it, in whole or in part, or may remand the proceedings to the director for further disposition in accordance with the order of the court. From all final decisions of the circuit court an appeal shall lie to the supreme intermediate court of appeals as is now provided by law. in cases in equity, by the director as well as by any other party of record before the circuit court.
Any party feeling aggrieved by the final order of the circuit court affecting him, may present his petition in writing to the supreme intermediate court of appeals, or to a judge thereof in vacation, within twenty days after the entry of such order, praying for the suspension or modification of such final order. The applicant shall deliver a copy of such petition to the director and to all other parties of record before presenting the same to the court or judge. The court or judge shall fix a time for the hearing on the application, but such hearing shall not be held sooner than seven days after its presentation unless by agreement of the parties, and notice of the time and place of such hearing shall be forthwith given to the director and to all other parties of record. If the court or judge, after such hearing, be of opinion that such final order should be suspended or modified, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner as are just and reasonable. For such hearing the entire record before the circuit court, or a certified copy thereof, shall be filed in the supreme intermediate court of appeals, and that court, upon such papers, shall promptly decide the matter in controversy as may seem to it to be just and right, and may award costs in each case as to it may seem just and equitable. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 10. ABANDONED WELL ACT.

§22-10-10. Rule making; procedure; judicial review.

(a) The director shall have the power and authority to promulgate legislative rules, procedural rules and interpretive rules in accordance with the provisions of chapter twenty-nine-a of this code in order to carry out and implement the provisions of this article.
(b) Any hearings or proceedings before the director on any matter other than rule making shall be conducted and heard by the director or a representative designated by the director and shall be in accordance with the provisions of article five, chapter twenty-nine-a of this code.
(c) Any person having an interest which is or may be adversely affected, who is aggrieved by an order of the director issued pursuant to this article, or by the issuance or denial of a permit pursuant to this article or by the permit's terms or conditions, is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
(d) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two of said article.
ARTICLE 11. WATER POLLUTION CONTROL ACT.

§22-11-22. Civil penalties and injunctive relief.

Any person who violates any provision of any permit issued under or subject to the provisions of this article is subject to a civil penalty not to exceed ten thousand dollars per day of such violation, and any person who violates any provision of this article or of any rule or who violates any standard or order promulgated or made and entered under the provisions of this article or articles one or three, chapter twenty-two-b of this code is subject to a civil penalty not to exceed ten thousand dollars per day of such violation. Any such civil penalty may be imposed and collected only by a civil action instituted by the director in the circuit court of the county in which the violation occurred or is occurring or of the county in which the waters thereof are polluted as the result of such violation.
Upon application by the director, the circuit courts of this state or the judges thereof in vacation may by injunction compel compliance with and enjoin violations of the provisions of this article, the rules of the board or director, effluent limitations, the terms and conditions of any permit granted under the provisions of this article, or any order of the director or board, and the venue of any such action shall be the county in which the violation or noncompliance exists or is taking place or in any county in which the waters thereof are polluted as the result of such violation or noncompliance. The court or the judge thereof in vacation may issue a temporary or preliminary injunction in any case pending a decision on the merits of any injunctive application filed. Any other section of this code to the contrary notwithstanding, the state is not required to furnish bond as a prerequisite to obtaining injunctive relief under this article. An application for an injunction under the provisions of this section may be filed and injunctive relief granted notwithstanding that all of the administrative remedies provided for in this article have not been pursued or invoked against the person or persons against whom such relief is sought and notwithstanding that the person or persons against whom such relief is sought have not been prosecuted or convicted under the provisions of this article.
The judgment of the circuit court upon any application filed or in any civil action instituted under the provisions of this section is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in the manner provided for by law. Any such appeal shall be sought in the manner provided by law for appeals from circuit courts in other civil cases, except that the A petition seeking review in any injunctive proceeding must be filed with said supreme intermediate court of appeals within ninety days from the date of entry of the judgment of the circuit court. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
Legal counsel and services for the chief, director or the board in all civil penalty and injunction proceedings in the circuit court, the intermediate court of appeals and in the supreme court of appeals of this state shall be provided by the attorney general or his or her assistants and by the prosecuting attorneys of the several counties as well, all without additional compensation, or the chief, director or the board, with the written approval of the attorney general, may employ counsel to represent him or her or it in a particular proceeding.
ARTICLE 15. SOLID WASTE MANAGEMENT.

§22-15-17. Limited extension of solid waste facility closure deadline.

(a) The director may grant an extension of the closure deadline up to the thirtieth day of September, one thousand nine hundred ninety-four, to a solid waste facility required under the terms of an extension granted pursuant to this subsection to close by the thirtieth day of June, one thousand nine hundred ninety- three, or required by solid waste management rules to close by the thirtieth day of September, one thousand nine hundred ninety-three, provided that the solid waste facility:
(1) Has a solid waste facility permit, or by the first day of March, one thousand nine hundred ninety-three, had an application to obtain a permit pending before the division for the construction of a landfill in accordance with title forty-seven, series thirty-eight, solid waste management rules; and
(2) Has a certificate of need or had an application pending therefor, from the public service commission; and
(3) Has been determined by the director to pose no significant hazard to public health, safety or the environment; and
(4) Has entered into a compliance schedule with the division of environmental protection to be in full compliance, no later than the thirtieth day of September, one thousand nine hundred ninety-four, with title forty-seven, series thirty-eight, solid waste management rules or to be in full compliance, no later than the thirtieth day of September, one thousand nine hundred ninety- four, with preclosure provisions of title forty-seven, series thirty-eight, solid waste management rules: Provided, That no such extension of closure deadline shall extend beyond the thirty-first day of March, one thousand nine hundred ninety-four, or such date as any landfill installs a composite liner system, for any landfill in a county in which there is also located a commercial solid waste landfill which has installed a composite liner system in accordance with the requirements of the solid waste management rules.
(b) Any solid waste facility seeking to extend its closure deadline until the thirtieth day of September, one thousand nine hundred ninety-four, shall submit to the director, no later than the thirtieth day of April, one thousand nine hundred ninety-three, an application sufficient to demonstrate compliance with the requirements of subsection (a) of this section. The director shall grant or deny any application within thirty days of receipt thereof: Provided, That as a condition precedent for granting such closure extension, a solid waste facility must enter into an agreement with the director that the solid waste facility shall, no later than the thirtieth day of September, one thousand nine hundred ninety-three, complete and submit to the director an analysis of the facility's specific requirements and cost to comply with the applicable design criteria, groundwater monitoring provisions of title forty-seven, series thirty-eight, solid waste management rules and the corrective action, financial assurance and closure and post-closure care provisions of Subtitle (d) of the federal Resource Conservation and Recovery Act, 42 U.S.C. 6941- 6949.
(c) Any party who is aggrieved by an order of the director regarding the grant or denial of an extension of the closure deadline for a solid waste facility pursuant to this section may obtain judicial review thereof in the same manner as provided in section four, article five, chapter twenty-nine-a of this code, which provisions shall apply to and govern such review with like effect as if the provisions of said section were set forth in extenso in this section, except that the petition shall be filed, within the time specified in section four, article five, chapter twenty-nine-a of this code, in the circuit court of the county where such facility exists: Provided, That the court shall not in any manner permit the continued acceptance of solid waste at the facility pending review of the decision of the director of the division.
(d) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals, in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code, except that notwithstanding the provisions of said section, the petition seeking such review must be filed with said supreme intermediate court of appeals within thirty days from the date of entry of the judgment of the circuit court. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty-nine-a of this code.
(e) Notwithstanding any other provision of this article, the director, upon receipt of a request for an extension, shall grant an extension of the closure deadline up to the thirtieth day of September, one thousand nine hundred ninety-four, to any solid waste facility required to close on the thirty-first day of March, one thousand nine hundred ninety-three, or the thirtieth day of September, one thousand nine hundred ninety-three, which is owned by a solid waste authority or owned by a municipality and which accepts at least thirty percent of its waste from within the county in which it is located and which has not been determined by the director to pose a significant risk to human health and safety or cause substantial harm to the environment and which could not be granted an extension up to the thirtieth day of September, one thousand nine hundred ninety-four, pursuant to the terms of subsections (a) and (b) of this section if:
(1) The cost of transporting the waste is prohibitive; or
(2) The cost of disposing of waste in other solid waste facilities within the wasteshed would increase.
(f) Notwithstanding any other provision of this article, the director shall grant an extension of the closure deadline up to the thirtieth day of September, one thousand nine hundred ninety-four, to any solid waste landfill which, on or before the first day of March, one thousand nine hundred ninety-three, has entered into a compliance schedule with the director for the construction of a transfer station or to any solid waste landfill which on the first day of March, one thousand nine hundred ninety-three, is already in the process of constructing a solid waste transfer station and applies by the first day of April, one thousand nine hundred ninety-three, to enter into with the director, a compliance schedule for the completion of the transfer station: Provided, That upon the completion of the transfer station and commencement of operations of the transfer station, such landfill shall cease accepting solid waste for disposal.
(g) Notwithstanding any other provision of this article, any commercial solid waste facility which has demonstrated and continues to be in compliance with the requirements of subsections (a) and (b) of the prior enactment of this section in chapter one hundred twenty-five, acts of the Legislature, regular session, one thousand nine hundred ninety-three, may make application by the first day of August, one thousand nine hundred ninety-four, to the director for a special extension of the closure deadline up to the thirty-first day of December, one thousand nine hundred ninety- four. Such application shall set forth all reasons why the applicant should receive a special extension. The director shall grant or deny an application within thirty days of receipt thereof. As a condition for being granted a special extension, the solid waste facility permittee must meet one of the following conditions:
(1) Have started construction of an approved composite liner system; or
(2) Have obtained financing for such construction; or
(3) Have demonstrated good faith efforts to obtain such financing and the director has made a finding, in writing, that such financing and construction is likely to occur within the extension period and that the facility is necessary to the waste management plan of the wasteshed or the geographic area served.
ARTICLE 21. COALBED METHANE WELLS AND UNITS.

§22-21-25. Judicial review; appeal to supreme court of appeals; legal representation for review board.

(a) Any person adversely affected by an order of the chief or review board is entitled to judicial review. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern the judicial review.
(b) The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty-nine-a of this code.
(c) Legal counsel and services for the chief or review board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his or her assistants and in any circuit court by the prosecuting attorney of the county, all without additional compensation. The chief or review board, with the written approval of the attorney general, may employ special counsel to represent the chief or review board at any appeal proceedings.

§22-21-27. Injunctive relief.

(a) Whenever it appears to the chief or review board that any person has been or is violating or is about to violate any provision of this article, any rule promulgated by the chief or review board, any order or any final decision of the chief or review board, the chief or review board may apply, in the name of the state, to the circuit court of the county in which the violation occurred, is occurring or is about to occur, or to the judge thereof in vacation, for injunctive relief against the person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, in violation, enjoining the violation or violations. The application may be made and prosecuted to conclusion whether any violation or violations have resulted or may result in prosecution or conviction under the provisions of section six or twenty-eight of this article.
(b) Upon application by the chief or review board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the rules promulgated by the chief or review board and all orders of the chief or review board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed. Any other section of this code to the contrary notwithstanding, the state may not be required to furnish bond or other undertaking as a prerequisite to obtaining mandatory, prohibitory or temporary injunctive relief under the provisions of this article.
(c) The judgment of the circuit court upon any application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(d) The chief or review board shall be represented in all such proceedings by the attorney general or his or her assistants and in proceedings in the circuit courts by the prosecuting attorneys of the several counties as well, all without additional compensation. The chief or review board, with the written approval of the attorney general, may employ special counsel to represent the chief or review board in any proceedings.
(e) If the chief or review board refuses or fails to apply for an injunctive relief to enjoin a violation or threatened violation of any provision of this article, any rule promulgated by the chief or review board hereunder or any order or final decision of the chief or review board, within ten days after receipt of a written request to do so by any person who is or will be adversely affected by such violation or threatened violation, the person making such request may apply in his or her own behalf for an injunction to enjoin the violation or threatened violation in any court in which the chief or review board might have brought suit. The chief or review board shall be made a party defendant in the application in addition to the person or persons violating or threatening to violate any provision of this article, any rule promulgated by the chief or review board hereunder or any order of the chief or review board. The application shall proceed and injunctive relief may be granted without bond or other undertaking in the same manner as if the application had been made by the chief or review board.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING.

§22A-1-19. Judicial review.

(a) Any order or decision issued by the director under this law, except an order or decision under section fifteen of this article is subject to judicial review by the circuit court of the county in which the mine affected is located or the circuit court of Kanawha County upon the filing in such court or with the judge thereof in vacation of a petition by any person aggrieved by the order or decision praying that the order or decision be modified or set aside, in whole or in part, except that the court shall not consider such petition unless such person has exhausted the administrative remedies available under this law and files within thirty days from date of such order or decision.
(b) The party making such appeal shall forthwith send a copy of such petition for appeal, by registered mail, to the other party. Upon receipt of such petition for appeal, the director shall promptly certify and file in such court a complete transcript of the record upon which the order or decision complained of was issued. The court shall hear such petition on the record made before the director. The findings of the director, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate or modify any order or decision or may remand the proceedings to the director for such further action as it may direct.
(c) In the case of a proceeding to review any order or decision issued by the director under this law, except an order or decision pertaining to an order issued under subsection (a), section fifteen of this article or an order or decision pertaining to a notice issued under subsection (b), section fifteen of this article, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:
(A) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;
(B) The person requesting such relief shows that there is a substantial likelihood that the person will prevail on the merits of the final determination of the proceeding; and
(C) Such relief will not adversely affect the health and safety of miners in the coal mine.
(d) The judgment of the court is subject to review only by the supreme intermediate court of appeals of West Virginia upon a writ of certiorari petition filed in such court within sixty days from the entry of the order and decision of the circuit court upon such appeal from the director. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(e) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the director.
(f) Subject to the direction and control of the attorney general, attorneys appointed for the director may appear for and represent the director in any proceeding instituted under this section.
ARTICLE 2. UNDERGROUND MINES.

§22A-2-75. Coal operators -- Procedure before operating near oil and gas wells.

(a) Before a coal operator conducts underground mining operations within five hundred feet of any well, including the driving of an entry or passageway, or the removal of coal or other material, the coal operator shall file with the office of miners' health, safety and training and forward to the well operator by certified mail, return receipt requested, its mining maps and plans (which it is required to prepare, file and update to and with the regulatory authority) for the area within five hundred feet of the well, together with a notice, on a form furnished by the director, informing them that the mining maps and plans are being filed or mailed pursuant to the requirements of this section.
Once these mining maps and plans are filed with the office, the coal operator may proceed with its underground mining operations in the manner and as projected on such plans or maps, but shall not remove, without the consent of the director, any coal or other material or cut any passageway nearer than two hundred feet of any completed well or well that is being drilled. The coal operator shall, at least every six months while mining within the five hundred foot area, update its mining maps and plans and file the same with the director and the well operator.
(b) Application may be made at any time to the director by a coal operator for leave to conduct underground mining operations within two hundred feet of any well or to mine through any well, by petition, duly verified, showing the location of the well, the workings adjacent to the well and the mining operations contemplated within two hundred feet of the well or through such well, and praying the approval of the same by the director and naming the well operator as a respondent. The coal operator shall file such petition with the director and mail a true copy to the well operator by certified mail, return receipt requested.
The petition shall notify the well operator that it may answer the petition within five days after receipt, and that in default of an answer the director may approve the proposed operations as requested if it be shown by the petitioner or otherwise to the satisfaction of the director that such operations are in accordance with the law and with the provisions of this article. If the well operator files an answer which requests a hearing, one shall be held within ten days of such answer and the director shall fix a time and date and give both the coal operator and well operator five days' written notice of the same by certified mail, return receipt requested. At the hearing, the well operator and coal operator, as well as the director, shall be permitted to offer any competent and relevant evidence. Upon conclusion of the hearing, the director shall grant the request of the coal operator or refuse to grant the same, or make such other decision with respect to such proposed underground operation as in its judgment is just and reasonable under all circumstances and in accordance with law and the provisions of this article: Provided, That a grant by the director of a request to mine through a well shall require an acceptable test to be conducted by the coal operator establishing that such mining through can be done safely.
If a hearing is not requested by the well operator or if the well operator gives, in writing, its consent to the coal operator to mine within closer than two hundred feet of the specified well, the director shall grant the request of the coal operator within five days after the petition's original five day answer period if the director determines that such operations are just, reasonable and in accordance with law and the provisions of this article.
The director shall docket and keep a record of all such proceedings. From any such final decision or order of the director, either the well operator or coal operator, or both, may, within ten days, appeal to the circuit court of the county in which the well subject to said petition is located. The procedure in the circuit court shall be substantially as provided in section four, article five, chapter twenty-nine-a of this code, with the director being named as a respondent. From any final order or decree of the circuit court, an appeal may be taken to the supreme intermediate court of appeals as heretofore provided. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
A copy of the document or documents evidencing the action of the director with respect to such petition shall promptly be filed with the chief of the office of oil and gas of the division of environmental protection.
(c) Before a coal operator conducts surface or strip mining operations as defined in this chapter, within two hundred feet of any well, including the removal of coal and other material, the operator shall file with the director and furnish to the well operator by certified mail, return receipt requested, its mining maps and plans (which it is required to prepare, file and update to and with the regulatory authority) for the area within two hundred feet of the well, together with a notice, on a form furnished by the director, informing them that the mining maps and plans are being filed or mailed pursuant to the requirements of this section, and representing that the planned operations will not unreasonably interfere with access to or operation of the well and will not damage the well. In addition, the coal operator shall furnish the well operator with evidence that it has in force public liability insurance, with at least the minimum coverage required by article three, chapter twenty-two of this code, and the rules promulgated thereto and thereunder.
Once these mining maps and plans are filed with the director, the coal operator may proceed with its surface or strip mining operations in the manner and as projected on such plans or maps, so long as such surface mining operations do not unreasonably interfere with access to, or operation of, the well or do not damage the well.
(d) The filing of petitions and notices with the director as herein provided may be complied with by mailing such petition or notice to the director by certified mail, return receipt requested.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
ARTICLE 1. GENERAL POLICY AND PURPOSE.

§22B-1-9. General provisions for judicial review.

(a) Any person or a chief or the director, as the case may be, adversely affected by an order made and entered by a board after an appeal hearing, held in accordance with the provisions of this chapter, is entitled to judicial review thereof. All of the provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern the review with like effect as if the provisions of said section four were set forth in extenso in this section, with the modifications or exceptions set forth in this chapter.
(b) The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the suprem e intermediate court of appeals, in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code, except that notwithstanding the provisions of said section one the petition seeking such review shall be filed with said supreme intermediate court of appeals within ninety days from the date of entry of the judgment of the circuit court. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty-nine-a of this code.
(c) Legal counsel and services for a chief or the director in all appeal proceedings in the circuit court, the intermediate court of appeals and in the supreme court of appeals of this state shall be provided by the attorney general or his or her assistants or by the prosecuting attorney of the county in which the appeal is taken, all without additional compensation, or with the prior written approval of the attorney general, a chief or the director may employ legal counsel.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.

§22C-4-29. Judicial review of certificate of site approval.

(a) Any party aggrieved by a decision of the county or regional solid waste authority or county commission granting or denying a certificate of site approval may obtain judicial review thereof in the same manner provided in section four, article five, chapter twenty-nine-a of this code, which provisions shall govern such review with like effect as if the provisions of said section were set forth in extenso in this section, except that the petition shall be filed, within the time specified in said section, in the circuit court of Kanawha County.
(b) The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals, in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code, except that notwithstanding the provisions of said section, the petition seeking such review must be filed with the supreme intermediate court of appeals within ninety days from the date of entry of the judgment of the circuit court. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two of the said article.
ARTICLE 5. COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD.

§22C-5-7. Judicial review.

(a) Any person having an interest adversely affected by a final decision made and entered by the board is entitled to judicial review thereof in the circuit court of Kanawha County, or the circuit court of the county in which the facility is, or is proposed to be, situated, such appeal to be perfected by the filing of a petition with the court within sixty days of the date of receipt by the applicant of the board's written decision.
(b) The review shall be conducted by the court without a jury and shall be upon the record made before the board except that in cases of alleged irregularities in procedure before the board not shown in the record, testimony thereon may be taken before the court. The court may hear oral arguments and require written briefs.
The court may affirm the order or decision of the board or remand the case for further proceedings. It may reverse, vacate or modify the order or decision of the board 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;
(2) In excess of the statutory authority or jurisdiction of the board;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(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) The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. The petition seeking such review must be filed with said supreme intermediate court of appeals within ninety days from the date of entry of the judgment of the circuit court. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(d) Legal counsel and services for the board in all appeal proceedings shall be provided by the attorney general.
ARTICLE 8. SHALLOW GAS WELL REVIEW BOARD.

§22C-8-13. Judicial review; appeal to the intermediate and supreme court of appeals; legal representation for board.

(a) Any person adversely affected by an order of the board shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
(b) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
(c) Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his or her assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The board, with the written approval of the attorney general, may employ special counsel to represent the board at any such appeal proceedings.

§22C-8-16. Injunctive relief.

(a) Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any rule promulgated by the board hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violations or any part thereof has occurred, is occurring or is about to occur, or to the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section seventeen of this article.
(b) Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the rules promulgated by the board hereunder and all orders of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed. Any other section of this code to the contrary notwithstanding, the state shall not be required to furnish bond or other undertaking as a prerequisite to obtaining mandatory, prohibitory or temporary injunctive relief under the provisions of this article.
(c) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(d) The board shall be represented in all such proceedings by the attorney general or the attorney general's assistants and in such proceedings in the circuit courts by the prosecuting attorneys of the several counties as well, all without additional compensation. The board, with the written approval of the attorney general, may employ special counsel to represent the board in any such proceedings.
(e) If the board shall refuse or fail to apply for an injunction to enjoin a violation or threatened violation of any provision of this article, any rule promulgated by the board hereunder or any order or final decision of the board, within ten days after receipt of a written request to do so by any person who is or will be adversely affected by such violation or threatened violation, the person making such request may apply in such person's own behalf for an injunction to enjoin such violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in such application in addition to the person or persons violating or threatening to violate any provision of this article, any rule promulgated by the board hereunder or any order of the board. The application shall proceed and injunctive relief may be granted without bond or other undertaking in the same manner as if the application had been made by the chair.
ARTICLE 9. OIL AND GAS CONSERVATION.
§22C-9-11. Judicial review; appeal to the intermediate and supreme

court of appeals; legal representation for commission.

(a) Any party adversely affected by an order of the commission shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code, shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
(b) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code, except that notwithstanding the provisions of said section one the petition seeking such review must be filed with said supreme the intermediate court of appeals within thirty days from the date of entry of the judgment of the circuit court. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty- nine-a of this code.
(c) Legal counsel and services for the commission in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or the attorney general's assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The commission, with the written approval of the attorney general, may employ special counsel to represent the commission at any such appeal proceedings.
§22C-9-12. Injunctive relief.
(a) Whenever it appears to the commission that any person has been or is violating or is about to violate any provision of this article, any reasonable rule promulgated by the commission hereunder or any order or final decision of the commission, the commission may apply in the name of the state to the circuit court of the county in which the violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section fourteen of this article.
(b) Upon application by the commission, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules promulgated by the commission hereunder and all orders and final decisions of the commission. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed. Any other section of this code to the contrary notwithstanding, the state shall not be required to furnish bond or other undertaking as a prerequisite to obtaining mandatory, prohibitory or temporary injunctive relief under the provisions of this article.
(c) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(d) The commission shall be represented in all such proceedings by the attorney general or the attorney general's assistants and in such proceedings in the circuit courts by the prosecuting attorneys of the several counties as well, all without additional compensation. The commission, with the written approval of the attorney general, may employ special counsel to represent the commission in any such proceedings.
(e) If the commission shall refuse or fail to apply for an injunction to enjoin a violation or threatened violation of any provision of this article, any reasonable rule promulgated by the commission hereunder or any order or final decision of the commission within ten days after receipt of a written request to do so by any person who is or will be adversely affected by such violation or threatened violation, the person making such request may apply in his own behalf for an injunction to enjoin such violation or threatened violation in any court in which the commission might have brought suit. The commission shall be made a party defendant in such application in addition to the person or persons violating or threatening to violate any provision of this article, any reasonable rule promulgated by the commission hereunder or any order or final decision of the commission. The application shall proceed and injunctive relief may be granted without bond or other undertaking in the same manner as if the application had been made by the commission.
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.
§23-1-1. Commissioner of the bureau of employment programs; compensation programs performance council; official seal; continuation of authority of commissioner; legal services; rules.
(a) The commissioner of the bureau of employment programs appointed under the provisions of section one, article two, chapter twenty-one-a of this code, has the sole responsibility for the administration of this chapter except for such matters as are entrusted to the compensation programs performance council created pursuant to section one, article three, chapter twenty-one-a of this code. In the administration of this chapter, the commissioner shall exercise all the powers and duties described in this chapter and in article two, chapter twenty-one-a of this code.
(b) The commissioner is authorized to promulgate rules and regulations to implement the provisions of this chapter.
(c) The commissioner shall have an official seal for the authentication of orders and proceedings, upon which seal shall be engraved the words "West Virginia Commissioner of Employment Programs" and such other design as the commissioner may prescribe. The courts in this state shall take judicial notice of the seal of the commissioner and in all cases copies of orders, proceedings or records in the office of the West Virginia commissioner of employment programs shall be equal to the original in evidence.
(d) Pursuant to the provisions of article ten, chapter four of this code, the commissioner of the bureau of employment programs shall continue to administer this chapter until the first day of July, one thousand nine hundred ninety-eight.
(e) The attorney general shall perform all legal services required by the commissioner under the provisions of this chapter: Provided, That in any case in which an application for review is prosecuted from any final decision of the workers' compensation appeal board to the supreme intermediate court of appeals, as provided by section four fifteen, article five of this chapter, or in any court proceeding before the workers' compensation appeal board, or in any proceedings before the office of judges, or in any case in which a petition for an extraordinary writ is filed in the supreme court of appeals, the intermediate court of appeals or in any circuit court, in which such representation shall appear to the commissioner to be desirable, the commissioner may designate a regular employee of this office, qualified to practice before such court to represent the commissioner upon such appeal or proceeding, and in no case shall the person so appearing for the commissioner before the court receive remuneration therefor other than such person's regular salary.
ARTICLE 5. REVIEW.
§23-5-7. Compromise and settlement.
With the exception of medical benefits, the claimant and the employer, with the consent and approval of the workers' compensation division, may negotiate a final settlement of any and all issues in a claim wherever the claim may then be in the review or appellate processes. The parties seeking to settle and compromise an objection to a division decision shall file the written and executed agreement with the division. The division shall review the proposed agreement to determine if it is fair and reasonable to the parties and shall ensure that each of the parties are fully aware of the effects of the agreement including what each party is giving up in exchange for the agreement. If the division concludes that the agreement is not fair or is not reasonable or that one of the parties is not fully informed, then the division shall reject the agreement. If the employer is not active in the claim, then the division may negotiate a final settlement of any and all issues in a claim except for medical benefits with the claimant: Provided, That the agreement must then be submitted to the office of judges whereupon an administrative law judge shall undertake the review and make the assurances provided for above as in the case of an employer and claimant agreement. Upon the approval of either type of agreement, the agreement shall be filed with the division's records, and the filing constitutes a dismissal of any objection or appeal on the issues agreed to. The division will give notice of the settlement and dismissal, if necessary, to the office of judges, the appeal board, or the supreme intermediate court of appeals. Once any such agreement is accepted by the parties and the division, any issue that is the subject of the agreement shall not be reopened by either party or by the division. Any such agreement may provide for a lump sum payment which shall not exceed a percentage of the entire settlement to be determined from time to time by the compensation programs performance council in keeping with the necessity to protect the claimant, the employer, and the solvency of the workers' compensation fund. The remainder of any such settlement shall be paid out over time as would have been the case had an award been made. If a settlement provides for future rehabilitation costs and a degree of permanent partial disability, then the agreed upon degree of permanent partial disability shall be stated in the agreement. That degree of permanent partial disability shall then be entered upon the records of the division as the award in the claim. In the event that an employer agrees to settle an issue which settlement is to be paid directly by the employer, then the amount so paid or to be paid shall be a portion of the employer's premium tax as that term is used in article two of this chapter. If such employer later fails to make the agreed upon payment, the division shall assume the obligation to make the payments and shall be entitled to recover the amounts paid or to be paid from the employer as provided for in sections five and five-a, article two of this chapter.
§23-5-10. Appeal from administrative law judge decision to

intermediate court of appeals.

The employer, claimant or workers' compensation division may appeal to the appeal board created in section eleven of this article intermediate court of appeals for a review of a decision by an administrative law judge. No appeal or review shall lie unless application therefor be made within thirty days of receipt of notice of the administrative law judge's final action or in any event within sixty days of the date of such final action, regardless of notice and, unless the application for appeal or review is filed within the time specified, no such appeal or review shall be allowed, such time limitation being hereby declared to be a condition of the right of such appeal or review and hence jurisdictional.
§23-5-12. Appeal to 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, shall have the right to appeal to the board created in section eleven of this article intermediate court of appeals for a review of such action. The workers' compensation division shall likewise have the right to appeal to the appeal board intermediate court of appeals any final action taken by the administrative law judge. The aggrieved party shall file a written notice of appeal with the office of judges directed to such board court, within thirty days after receipt of notice of the action complained of, or in any event, regardless of notice, within sixty days after the date of the action complained of, and unless the notice of appeal is filed within the time specified, no such appeal shall be allowed, such time limitation being hereby declared to be a condition of the right to such appeal and hence jurisdictional; and the office of judges shall notify the other parties immediately upon the filing of a notice of appeal. The office of judges shall forthwith make up a transcript of the proceedings before the office of judges and certify and transmit the same to the board intermediate court of appeals. Such certificate shall incorporate a brief recital of the proceedings therein had and recite each order entered and the date thereof.
(b) The board intermediate court of appeals shall review the action of the administrative law judge complained of at its next meeting regular session after the filing of notice of appeal, provided such notice of appeal shall have been filed thirty days before such meeting of the board regular session, unless such review be postponed by agreement of parties or by the board for good cause. 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, and briefs may be filed by the interested parties in accordance with the rules of procedure prescribed by the board intermediate court of appeals. The board intermediate court of appeals may affirm the order or decision of the administrative law judge or remand the case for further proceedings. It shall reverse, vacate or modify the order or decision of the administrative law judge if the substantial rights of the petitioner or petitioners have been prejudiced because the administrative law judge's findings are:
(1) In violation of statutory provisions; or
(2) In excess of the statutory authority or jurisdiction of the administrative law judge; 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 sustain the finding of the administrative law judge, in which case it need not make findings of fact or conclusions of law, or enter such order or make such award as the administrative law judge should have made, stating in writing its reasons therefor, and shall thereupon certify the same to the workers' compensation division and chief administrative law judge, who shall proceed in accordance therewith.
(d) Instead of affirming, reversing or modifying the decision of the administrative law judge as aforesaid, 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 intermediate court of appeals, remand the case to the chief administrative law judge for the taking of such new, additional or further evidence as in the opinion of the board court may be 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 for the taking of further evidence therein, the administrative law judge shall proceed to take such new, additional or further evidence in accordance with any instruction given by the board intermediate court of appeals, and shall take the same within thirty days after receipt of the order remanding the case, giving to the interested parties at least ten days' written notice of such supplemental hearing, unless the taking of evidence shall be postponed by agreement of parties, or by the administrative law judge for good cause. After the completion of such supplemental hearing, the administrative law judge shall, within sixty days, render his or her decision affirming, reversing or modifying the former action of the administrative law judge, which decision shall be appealable to, and proceeded with by the appeal board intermediate court of appeals in like manner as in the first instance. In addition, upon a finding of good cause, the board intermediate court of appeals may remand the case to the workers' compensation division for further development. Any decision made by the division following such a remand shall be subject to objection to the office of judges and not to the board. 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. All appeals from the action of the administrative law judge shall be decided by the board intermediate court of appeals at the same session at which they are heard, unless good cause for delay thereof be shown and entered of record. In all proceedings before the board intermediate court of appeals, any party may be represented by counsel.
§23-5-15. Appeals from final decisions of the intermediate court

of appeals to supreme court

of appeals; procedure; costs.
From any final decision of the board intermediate court of appeals, including any order of remand, an application for review may be prosecuted by either party or by the workers' compensation division to the supreme court of appeals within thirty days from the date thereof by the filing of a petition therefor to such court against the board worker's compensation division and the adverse party or parties as respondents, and unless the petition for review is filed within such thirty-day period, no such appeal or review shall be allowed, such time limitation being hereby declared to be a condition of the right to such appeal or review and hence jurisdictional; and the clerk of such court shall notify each of the respondents and the workers' compensation division of the filing of such petition. The board intermediate court of appeals shall, within ten days after receipt of such 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. And if granted to a nonresident of this state, he or she shall be required to execute and file with the clerk before such 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 thereon. The board intermediate court of appeals may certify to the supreme 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 supreme court on the certified question, or until notice that the supreme court has declined to docket the same. If a review be granted or the certified question be docketed for hearing, the clerk shall notify the board intermediate court of appeals and the parties litigant or their attorneys and the workers' compensation division, of that fact by mail. If a review be granted or the certified question docketed, the case shall be heard by the supreme court in the same manner as in other cases, except that neither the record nor briefs need be printed. Every such review granted or certified question docketed prior to thirty days before the beginning of the term, shall be placed upon the docket for such term. The attorney general shall, without extra compensation, represent the board worker's compensation division in such cases. The supreme court shall determine the matter so brought before it and certify its decision to the board intermediate court of appeals and to the division. The cost of such proceedings on petition, including a reasonable attorney's fee, not exceeding thirty dollars to the claimant's attorney, shall be fixed by the court and taxed against the employer if the latter be unsuccessful, and if the claimant, or the division (in case the latter be the applicant for review) be unsuccessful, such costs, not including attorney's fees, shall be taxed against the division, 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.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-4a. Procedure for changing rates after June 30, 1981.

After the thirtieth day of June, one thousand nine hundred eighty-one, no public utility subject to this chapter except those utilities subject to the provisions of section four-b and section four-d of this article, shall change, suspend or annul any rate, joint rate, charge, rental or classification except after thirty days' notice to the commission and the public, which notice shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates or charges shall go into effect; but the commission may enter an order suspending the proposed rate as hereinafter provided. The proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time, and kept open to public inspection: Provided, That the commission may, in its discretion, and for good cause shown, allow changes upon less time than the notice herein specified, or may modify the requirements of this section in respect to publishing, posting and filing of tariffs, either by particular instructions or by general order.
Whenever there shall be filed with the commission any schedule stating a change in the rates or charges, or joint rates or charges, or stating a new individual or joint rate or charge or joint classification or any new individual or joint regulation or practice affecting any rate or charge, the commission may either upon complaint or upon its own initiative without complaint enter upon a hearing concerning the propriety of such rate, charge, classification, regulation or practice; and, if the commission so orders, it may proceed without answer or other form of pleading by the interested parties, but upon reasonable notice and, pending such hearing and the decisions thereon, the commission, upon filing with such schedule and delivering to the public utility affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification, regulation or practice, but not for a longer period than two hundred seventy days beyond the time when such rate, charge, classification, regulation or practice would otherwise go into effect; and after full hearing, whether completed before or after the rate, charge, classification, regulation or practice goes into effect, the commission may make such order in reference to such rate, charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation or practice had become effective: Provided, That in the case of a public utility having two thousand five hundred customers or less and which is not principally owned by any other public utility corporation or public utility holding corporation, the commission may suspend the operation of such schedule and defer the use of such rate, charge, classification, regulation or practice, but not for a longer period than one hundred twenty days beyond the time when such rate, charge, classification, regulation or practice would otherwise go into effect; and in the case of a public utility having more than two thousand five hundred customers, but not more than five thousand customers, and which is not principally owned by any other public utility corporation or public utility holding corporation, the commission may suspend the operation of such schedule and defer the use of such rate, charge, classification, regulation or practice, but not for a longer period than one hundred fifty days beyond the time when such rate, charge, classification, regulation or practice would otherwise go into effect; and in the case of a public utility having more than five thousand customers, but not more than seven thousand five hundred customers, and which is not principally owned by any other public utility corporation or public utility holding corporation, the commission may suspend the operation of such schedule and defer the use of such rate, charge, classification, regulation or practice, but not for a longer period than one hundred eighty days beyond the time when such rate, charge, classification, regulation or practice would otherwise go into effect; and after full hearing, whether completed before or after the rate, charge, classification, regulation or practice goes into effect, the commission may make such order in reference to such rate, charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate, charge, classification, regulation or practice had become effective: Provided, however, That if any such hearing and decision thereon is not concluded within the periods of suspension, as above stated, such rate, charge, classification, regulation or practice shall go into effect at the end of such period not subject to refund: Provided further, That if any such rate, charge, classification, regulation or practice goes into effect because of the failure of the commission to reach a decision, the same shall not preclude the commission from rendering a decision with respect thereto which would disapprove, reduce or modify any such proposed rate, charge, classification, regulation or practice, in whole or in part, but any such disapproval, reduction or modification shall not be deemed to require a refund to the customers of such utility as to any rate, charge, classification, regulation or practice so disapproved, reduced or modified. The fact of any rate, charge, classification, regulation or practice going into effect by reason of the commission's failure to act thereon shall not affect the commission's power and authority to subsequently act with respect to any such application or change in any rate, charge, classification, regulation or practice. Any rate, charge, classification, regulation or practice which shall be approved, disapproved, modified or changed, in whole or in part, by decision of the commission shall remain in effect as so approved, disapproved, modified or changed during the period or pendency of any subsequent hearing thereon or appeal therefrom. Orders of the commission affecting rates, charges, classifications, regulations or practices which have gone into effect automatically at the end of the suspension period are prospective in effect only.
At any hearing involving a rate sought to be increased or involving the change of any rate, charge, classification, regulation or practice, the burden of proof to show the justness and reasonableness of the increased rate or proposed increased rate, or the proposed change of rate, charge, classification, regulation or practice shall be upon the public utility making application for such change. The commission shall, whenever practicable and within budgetary constraints, conduct one or more public hearings within the area served by the public utility making application for such increase or change, for the purpose of obtaining comments and evidence on the matter from local ratepayers.
Each public utility subject to the provisions of this section shall be required to establish, in a written report which shall be incorporated into each general rate case application, that it has thoroughly investigated and considered the emerging and state-of- the-art concepts in the utility management, rate design and conservation as reported by the commission under subsection (c), section one, article one of this chapter, as alternatives to, or in mitigation of, any rate increase. The utility report shall contain as to each concept considered the reasons for adoption or rejection of each. When in any case pending before the commission all evidence shall have been taken and the hearing completed, the commission shall render a decision in such case. The failure of the commission to render a decision with respect to any such proposed change in any such rate, charge, classification, regulation or practice within the various time periods specified in this section after the application therefor shall constitute neglect of duty on the part of the commission and each member thereof.
Where more than twenty members of the public are affected by a proposed change in rates, it shall be a sufficient notice to the public within the meaning of this section if such notice is published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the community where the majority of the resident members of the public affected by such change reside or, in case of nonresidents, have their principal place of business within this state.
The commission may order rates into effect subject to refund, plus interest in the discretion of the commission, in cases in which the commission determines that a temporary or interim rate increase is necessary for the utility to avoid financial distress, or in which the costs upon which these rates are based are subject to modification by the commission or another regulatory commission and to refund to the public utility. In such case the commission may require such public utility to enter into a bond in an amount deemed by the commission to be reasonable and conditioned upon the refund to the persons or parties entitled thereto of the amount of the excess if such rates so put into effect are subsequently determined to be higher than those finally fixed for such utility.
No utility may make application for a general rate increase while another general rate application is pending before the commission and not finally acted upon, except pursuant to the provisions of the next preceding paragraph of this section. The provisions of this paragraph shall not be construed so as to prohibit any such rate application from being made while a previous application which has been finally acted upon by the commission is pending before or upon appeal to the West Virginia supreme intermediate or supreme court of appeals.
ARTICLE 4. VIOLATIONS OF PROVISIONS OF CHAPTER.

§24-4-5. Violation of commission's orders as contempt punishable by commission.

Any person or public utility who shall violate any of the orders or findings of the commission shall be guilty of contempt, and the commission shall have the same power to punish therefor as is now conferred on the circuit court, with the right of appeal in all cases to the intermediate, and thereafter, to the supreme court of appeals.
ARTICLE 5. REVIEW OF COMMISSION'S ACTIONS.

§24-5-1. Review of final orders of commission.

Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the supreme intermediate court of appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary of the commission on or before the date the same is presented to the court or the judge, and it shall be the duty of the secretary promptly to file with the clerk of said court all papers, documents, evidence and other records constituting the complete record in the case, or certified copies thereof, as were before the commission at the time of the entry of the order from which the appeal is taken. The court or judge shall fix a time for the hearing on the application, but such hearing, unless by agreement of the parties, shall not be held sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
CHAPTER 24A. MOTOR CARRIERS.
ARTICLE 8. REVIEW; INCONSISTENT LAWS REPEALED.

§24A-8-1. Appeal from commission's action.

Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the supreme intermediate court of appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary of the commission before presenting the same to the court or the judge. The court or judge shall fix a time for the hearing on the application, but such hearing, unless by agreement of the parties, shall not be held, sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. For such hearing the commission shall file with the clerk of said court all papers, documents, evidence, and records or certified copies thereof as were before the commission at the hearing or investigation resulting in the entry of the order from which the petitioner appeals. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
CHAPTER 24B. GAS PIPELINE SAFETY.
ARTICLE 6. JUDICIAL REVIEW; NATURE OF COMMISSION'S POWERS.

§24B-6-1. Appeal from commission's action.

Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the supreme intermediate court of appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The petitioner shall deliver a copy of such petition to the secretary of the commission before presenting the same to the court or the judge. The court or judge shall fix a time for the hearing on the petition, but such hearing, unless by agreement of the parties, shall not be held sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. For such hearing the commission shall file with the clerk of said court all papers, documents, evidence and records or certified copies thereof as were before the commission at the hearing or investigation resulting in the entry of the order from which the petitioner appeals. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 2A. STATE AERONAUTICS COMMISSIONS.

§29-2A-23. Judicial review of commission's action.

Any person aggrieved by any final order of the commission shall have the right to a judicial review of the action of the commission, upon certiorari by the circuit court of Kanawha County, West Virginia. The granting of such review, upon certiorari, shall be within the sound discretion of the judge of the said circuit court. A petition for such review must be filed with the said court, or with the judge thereof in vacation, within a period of thirty days from the date of entry of the final order complained of. An appeal from any final order entered by the said circuit court upon granting such writ of certiorari may be had by application to the supreme intermediate court of appeals of West Virginia for a writ of error and supersedeas. Such application to the supreme intermediate court of appeals shall be made within thirty days of the entry of the order appealed from by the said circuit court. A party adversely affected by a ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. : Provided, however, That When either the circuit court, the intermediate court of appeals or the supreme court of appeals has taken jurisdiction of any such case, such court may, in its sound discretion, refuse a stay of execution or supersedeas to the order of the commission or any portion thereof during the time that the case is pending before the said court, if the court is of the opinion that the order of the commission or a part of such order is reasonable and has been issued for the protection of the public safety.
ARTICLE 6A. GRIEVANCE PROCEDURE FOR STATE EMPLOYEES.
§29-6A-10. Employee's right to attorney's fees and costs.
If an employee appeals to a circuit court an adverse decision of a hearing examiner rendered in a grievance proceeding pursuant to provisions of this article or is required to defend an appeal and the person substantially prevails, the adverse party or parties is liable to the employee, upon final judgment or order, for court costs, and for reasonable attorney's fees, to be set by the court, for representing the employee in all administrative hearings and before the circuit court, the intermediate court of appeals and the supreme court of appeals, and is further liable to the employee for any court reporter's costs incurred during any administrative hearings or court proceedings: Provided, That in no event shall such attorney's fees be awarded in excess of a total of one thousand five hundred dollars for the administrative hearings and circuit court proceedings nor an additional one thousand dollars for supreme court proceedings: Provided, however, That the requirements of this section shall not be construed to limit the employee's right to recover reasonable attorney's fees in a mandamus proceeding brought under section nine of this article.

CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.

ARTICLE 5. CONTESTED CASES.
§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 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 thirty days after the date upon which such party received notice of the final order or decision of the agency. 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 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 fifteen 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 ten 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 shall be final unless reversed, vacated or modified on appeal to the supreme court of appeals intermediate court of appeals of this state in accordance with the provisions of section one, article six of this chapter.
(i)A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty-nine-a of this code.
ARTICLE 6. APPEALS.

§29A-6-1. Intermediate court of appeals.

Any party adversely affected by the final judgment of the circuit court under this chapter may seek review thereof by appeal to the supreme intermediate court of appeals of this state, and jurisdiction is hereby conferred upon such court to hear and entertain such appeals. The party must petition the intermediate court of appeals upon application made therefor in the manner and within the time provided by law for civil appeals generally by the rules of appellate procedure of the intermediate court of appeals.
§ 29A-6-2. Supreme Court of Appeals.
(a)A party adversely affected by a final ruling of the intermediate court of appeals under this chapter may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. (b)The supreme court of appeals may reverse, vacate or modify the final order of the intermediate court of appeals where the final order is:
(1)In violation of constitutional or statutory provisions; or
(2)In excess of statutory authority or jurisdiction of the agency; or
(3)Contains conclusions material and adverse to the affected party that are affected by a error of law; or
(4)Clearly wrong in view of the reliable, probative and substantial evidence; or
(5)Arbitrary and capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1. GENERAL PROVISIONS.

§30-1-9. Review by circuit court, intermediate court and supreme court of board's refusal to issue; suspension or revocation of license or registration.

A person, not an applicant for or holder of a license to practice law, who has been refused a license or registration for any cause other than failure to pass the examination given by the board, or whose certificate, license, registration or authority has been suspended or revoked, may, within thirty days after the decision of the board, present his petition in writing to the circuit court of the county in which such person resides, or to the judge of such court in vacation, praying for the review and reversal of such decision. Before presenting his petition to the court or judge, the petitioner shall mail copies thereof to the president and secretary, respectively, of the board. Upon receipt of such copy the secretary shall forthwith transmit to the clerk of such court the record of the proceeding before the board. The court or judge shall fix a time for the review of said proceeding at his earliest convenience. Notice in writing of the time and place of such hearing shall be given to the president and secretary of the board at least ten days before the date set therefor. The court or judge shall, without a jury, hear and determine the case upon the record of the proceedings before the board. The court or judge may enter an order affirming, revising or reversing the decision of the board if it appears that the decision was clearly wrong. Prior to the entry of such order, no order shall be made or entered by the court to stay or supersede any suspension, revocation or cancellation of any such certificate, license, registration or authority. The judgment of the circuit court may be reviewed upon appeal in the supreme intermediate court of appeals. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 2. ATTORNEYS-AT-LAW.

§30-2-7. Suspension or annulment of license for malpractice; appeal.

If the supreme court of appeals or any court of record of this state, except the county court commission, observe any malpractice therein by any attorney, or if complaint, verified by affidavit, be made to any such court of malpractice by any attorney therein, such court shall order the attorney to be summoned to show cause why his license shall not be suspended or annulled. A summons shall thereupon be issued by the clerk of such court cont aining a copy of the charges and requiring the attorney to appear and answer the same on a day to be named therein, which summons may be served in the same manner as a summons commencing an action may be served, and the service shall be made at least five days before the return day thereof. Upon the return of the summons executed, if the attorney appear and deny the charge of malpractice, the court shall, without a jury, try the same. If the attorney be found guilty by the court, or if he fail to appear and deny the charge, the court may either suspend or annul the license of such attorney as in its judgment shall seem right.
Whenever a judgment or decree shall be standing or rendered in any of said courts against an attorney for money collected by him as such, it shall be the duty of such court to suspend the license of such attorney until such judgment or decree shall be satisfied.
An appeal shall lie from any court of record of limited jurisdiction established under the provisions of section 19 of article VIII of the constitution of this state, to the circuit court of the county, from any circuit court to the intermediate court of appeals, from the intermediate court of appeals to the supreme court of appeals of the state, from any order suspending or annulling the license of any attorney proceeded against under the provisions of this section.
ARTICLE 6. EMBALMERS AND FUNERAL DIRECTORS.

§30-6-8. Duty of public officers, physicians, etc., as to disposition of body of deceased person; penalty for violation of section; hearings on refusing, suspending or revoking licenses; appeals from decisions of board; penalty for engaging in business without license; purpose of article.

No public officer, employee, physician or surgeon, or any other person having a professional relationship with the deceased, shall send, or cause to be sent, to any funeral director, undertaker, mortician or embalmer, the body of any deceased person without having first made due inquiry as to the desires of the next of kin, or any persons who may be chargeable with the funeral expenses of such deceased person; and if any such kin or person can be found, his authority and direction shall be received as to the disposal of said corpse.
Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars, nor more than one thousand dollars, or imprisoned not less than ten days nor more than ninety days, or both.
The board may make investigations, subpoena witnesses, administer oaths and conduct hearings.
No order refusing, suspending or revoking a license shall be made until after a public hearing conducted by the board.
At least twenty days prior to the date of hearing, the board shall send a written notice of the time and place of such hearing to the applicant, together with a statement of the charges against him, by mailing the same to the last-known address of such person.
The testimony presented and the proceedings had at such hearings shall be taken in shorthand, at the expense of the board, and preserved as records of the board. The board shall as soon thereafter as possible make its findings in determination thereof, and send a copy to each interested party.
Any person who has been refused a license for any cause or whose license has been revoked or suspended may file with the secretary of the board, within thirty days after the decision of the board, a written notice of appeal therefrom to the circuit court of the county within which such person whose license has been refused, revoked or suspended resides. Upon the filing of such notice, the secretary of the board shall transmit to the clerk of said court the record of such proceedings. Such court shall thereupon hear and determine such case as in other cases of appeal. The judgment of the circuit court may be reviewed upon proceedings in error in the supreme upon petition for appeal by the intermediate court of appeals. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
No person shall engage in the profession or business of embalming or funeral directing as defined in this article unless he is duly licensed as an embalmer and/or as a funeral director within the meaning of this article, and any person who shall engage in either business or profession, or both, without having first complied with the provisions of this article, or who shall violate any other provisions of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined not less than two hundred dollars nor more than four hundred dollars for the first offense. Upon conviction of a second or subsequent offense, the violator shall be fined not less than five hundred dollars nor more than one thousand dollars.
The sanitary preparation of dead human bodies for burial and the burial thereof is a public necessity, and it has direct relation to the health, welfare and convenience to the public, and the Legislature of this state hereby finds, determines and declares that this article is necessary for the immediate preservation of the public peace, welfare, health and safety.
ARTICLE 10. VETERINARIANS.

§30-10-13. Judicial review.

Any applicant or licensee, as the case may be, adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section twelve of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such review with like effect as if the provisions of said section four were set forth in extenso in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according section two, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants, and in appeal proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-10-15. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article or any final decision of the board, the board may apply in the name of the state, to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section sixteen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article and all final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit courts by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 13A. LAND SURVEYORS.

§30-13A-13. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section fourteen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 20. PHYSICAL THERAPISTS.

§30-20-12. Judicial review; appeal to intermediate and supreme court of appeals; legal representation for board.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section eleven of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-20-14. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section thirteen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.

§30-21-12. Judicial review; appeal to the intermediate and supreme court of appeals; legal representation for board.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section eleven of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-21-14. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section thirteen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 22. LANDSCAPE ARCHITECTS.

§30-22-13. Judicial review; appeal to supreme court of appeals; legal representation for board.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section twelve of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-22-16. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section fifteen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.

§30-23-11. Judicial review; appeal to the intermediate and supreme court of appeals; legal representation for board.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section ten of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-23-12. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, for an injunction against any such person and any such other persons who have been, are or are about to be, involved in any practice, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section thirteen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 25. NURSING HOME ADMINISTRATORS.

§30-25-10. Judicial review; appeal to the intermediate and supreme courts of appeals; legal representation for board.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section nine of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.
ARTICLE 26. HEARING-AID DEALERS AND FITTERS .

§30-26-16. Hearing procedures; judicial review.

Any person, including a person who brings a complaint against a licensee or trainee before the board, adversely affected by any decision, ruling or order of the board shall be entitled to a hearing before the board. The hearing may be held by the board or a majority thereof either in the county wherein the licensee, trainee, prospective licensee or prospective trainee resides or may be held in the county wherein the person adversely affected resides or may be so held in some other county as the board may direct. All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to any hearing held by the board and the administrative procedures in connection with and following such hearing shall apply with like effect as if the provisions of said article five were set forth in extenso in this section. For the purpose of conducting such hearing the board shall have the power and authority to issue subpoenas and subpoenas duces tecum in accordance with the provisions of section one, article five, chapter twenty-nine-a. Any such hearing shall be held within thirty days after the date upon which a request therefor was made. All requests for hearings shall be made in writing to the board by certified or registered mail, return receipt requested. The board may postpone or continue any hearing on its own motion or upon application for good cause shown.
Any person, including a person who brings a complaint against a licensee or trainee before the board, who may be adversely affected by any ruling or order made or entered by the board following a hearing, shall be entitled to judicial review of such order, in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code and the provisions of said section four shall apply to and govern such appeal with like effect as if the provisions of said section four were set forth in extenso in this section and the provisions of article six of said chapter twenty-nine-a shall apply with respect to appeals to the intermediate and supreme court of appeals in the same manner.
ARTICLE 28. OCCUPATIONAL THERAPY PRACTICE ACT.

§30-28-16. Judicial review; appeal to the intermediate and supreme court of appeals; legal representation for board.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section fourteen of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-28-18. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule and regulation promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations of any part thereof has occurred, is occurring, or is about to occur, or to the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section seventeen of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules and regulations promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 30. LICENSED PROFESSIONAL COUNSELORS.

§30-31-11. Judicial review; appeal to the intermediate and supreme court of appeals; legal representation for board.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of section ten of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern such judicial review with the effect as if the provisions of said section four were set forth in this section.
The judgment of the circuit court is final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six. chapter twenty-nine-a of this code.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his or her assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-31-14. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule promulgated hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. The application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or result in prosecution or conviction under the provisions of section twelve of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his or her assistants and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
ARTICLE 32. SPEECH PATHOLOGISTS AND AUDIOLOGISTS.

§30-32-19. Judicial review; appeals to the intermediate and supreme court of appeals; legal counsel.

Any person adversely affected by a decision of the board rendered after a hearing held in accordance with the provisions of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if they were set forth in this section.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two of that article.
Legal counsel and services for the board in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.

§30-32-20. Actions to enjoin violations.

Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any reasonable rule or regulation promulgated hereunder or any final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under other provisions of this article.
Upon application by the board, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, the reasonable rules promulgated hereunder and all orders and final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil actions. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
The board shall be represented in all such proceedings by the attorney general or his assistants and in such proceedings in the circuit court by the prosecuting attorney of the several counties as well, all without additional compensation.
ARTICLE 35. BOARD OF DIETITIANS.
§30-35-12. Judicial review.
(a) Any applicant or licensee adversely affected by a decision of the board rendered after a hearing held pursuant to the provisions of section eleven of this article is entitled to judicial review thereof. All of the provisions of section four, article five, chapter twenty-nine-a of this code apply to, and govern, such review.
(b) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
§30-35-13. Actions to enjoin violations.
(a) Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article or any final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violation or violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against the person and any other persons who have been, are or are about to be, involved in any practice, act or omission, so in violation, enjoining the person or persons from any violation or violations. Such application may be made and prosecuted to conclusion regardless of whether any violation has resulted or shall result in prosecution or conviction pursuant to the provisions of section fourteen of this article.
(b) Upon application by the board, any circuit court of this state with appropriate jurisdiction may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final decisions of the board. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
(c) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
CHAPTER 31. CORPORATIONS.
ARTICLE 17. SECONDARY MORTGAGE LOANS.
§31-17-15. Judicial review.
(a) Any person adversely affected by a final order made and entered by the commissioner after hearing held in accordance with the provisions of section fourteen of this article is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such review with like effect as if the provisions of said section were set forth in extenso in this section.
(b) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to section two, article six, chapter twenty-nine-a of this code.
(c) Legal counsel and services for the commissioner in all appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall upon request be provided by the attorney general or his assistants, all without additional compensation.
§31-17-16. Actions to enjoin violations.
(a) Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this article, any rules of the commissioner or any final order of the commissioner, the commissioner may apply in the name of the state, to the circuit court of the county in which the violation or violations, or any part thereof, has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in, or in any way participating in, any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section eighteen of this article.
(b) Upon application by the commissioner as aforesaid, the circuit courts of this state may by mandatory or prohibitory injunction compel compliance with the provisions of this article, any rules of the commissioner and all final orders of the commissioner. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed.
(c) The judgment of the circuit court upon any application permitted by the provisions of this section shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(d) The commissioner shall upon request be represented in all such proceedings by the attorney general or his assistants, all without additional compensation.
CHAPTER 31A. BANKS AND BANKING
ARTICLE 3. BOARD OF BANKING AND FINANCIAL INSTITUTIONS.

§31A-3-4. Judicial review; appeals to intermediate and supreme court of appeals.

(a) Any party to a hearing before the board adversely affected by any order of the board made and entered after a hearing as provided in section three, article three of this chapter shall be entitled to judicial review thereof in the manner provided in section four, article five, chapter twenty- nine-a of this code.
(b) Any such party adversely affected by a final judgment of a circuit court following judicial review as provided in subsection (a) of this section may seek review thereof by appeal to the supreme intermediate court of appeals in the manner provided in article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals according to article six, chapter twenty-nine-a of this code.
ARTICLE 8. HEARINGS; ADMINISTRATIVE PROCEDURES; JUDICIAL REVIEW; UNLAWFUL ACTS; PENALTIES.

§31A-8-2. Judicial review; appeals to intermediate and supreme court of appeals.

(a) Any person adversely affected by any decision of the commissioner made and entered after a hearing as provided in section one of this article shall be entitled to judicial review thereof in the manner provided in section four, article five, chapter twenty-nine-a of this code.
(b) Any person adversely affected by a final judgment of a circuit court following judicial review as provided in subsection (a) of this section may seek review thereof by appeal to the supreme intermediate court of appeals in the manner provided in article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided in article six, chapter twenty-nine-a of this code.
§31A-8-12. Procedure for authorization of branch banks; temporary

offices at colleges and universities; limitations and restrictions; examinations and hearings; standards of review; penalties for violation of section.

(a) No banking institution shall engage in business in this state at any place other than at its principal office in this state, at a branch bank in this state, at a customer bank communication terminal permitted by section twelve-b of this article or at any loan origination office permitted by section twelve-c of this article:
(1) Acceptance of a deposit or allowing a withdrawal at the banking offices of any subsidiary affiliate, as defined in section one, article eight-a of this chapter, for credit or debit to the customer's account at any other subsidiary of the same bank holding company is permissible and does not constitute branch banking. In addition, the conduct of activity at branch offices as an agent for any bank subsidiary of the same bank holding company shall be permitted to the same extent allowed by federal law for national banks pursuant to 12 U.S.C. §1828, and does not constitute branch banking; nor shall such activity constitute a violation of section forty-two, article four of this chapter: Provided, That no banking institution may utilize that agency relationship to evade state consumer protection laws, including usury laws, or any other applicable laws of this state, or to conduct any activity that is not financially-related, as that term is defined by section two, article eight-c of this chapter;
(2) A banking institution located in a county where there is also a higher educational institution as defined in section two, article one, chapter eighteen-b of this code, may establish a temporary business office on the campus of any such educational institution located in such county for the limited purposes of opening accounts and accepting deposits for a period not in excess of four business days per semester, trimester or quarter: Provided, That prior to opening any temporary office, a banking institution must first obtain written permission from the institution of higher education. The term "business days", for the purpose of this subsection, means days exclusive of Saturdays, Sundays and legal holidays as defined in section one, article two, chapter two of this code;
(3) Any banking institution which on the first day of January, one thousand nine hundred eighty-four, was authorized to operate an off-premises walk-in or drive-in facility, pursuant to the law then in effect, may, as of the seventh day of June, one thousand nine hundred eighty-four, operate such facility as a branch bank and it shall not be necessary, for the continued operation of such branch bank, to obtain additional approvals, notwithstanding the provisions of subsection (d) of this section and subdivision (6), subsection (b), section two, article three of this chapter.
(b) Except for a bank holding company, it shall be unlawful for any individual, partnership, society, association, firm, institution, trust, syndicate, public or private corporation, or any other legal entity, or combination of entities acting in concert, to directly or indirectly own, control or hold with power to vote, twenty-five percent or more of the voting shares of each of two or more banks, or to control in any manner the election of a majority of the directors of two or more banks.
(c) A banking institution may establish branch banks either by:
(1) The construction, lease or acquisition of branch bank facilities within any county of this state; or
(2) The purchase of the business and assets and assumption of the liabilities of, or merger or consolidation with, another banking institution.
(d) Notwithstanding any other provision of this chapter to the contrary, subject to and in furtherance of the board's authority under the provisions of subdivision (6), subsection (b), section two, article three of this chapter, and subsection (g) of this section, the board may approve or disapprove the application of any state banking institution to establish a branch bank.
(e) The main office or a branch of a West Virginia state banking institution may not be relocated without the approval by order of the commissioner.
(f) Any banking institution which is authorized to establish branch banks pursuant to this section may provide the same banking services and exercise the same powers at each such branch bank as may be provided and exercised at its principal banking house.
(g) The board shall, upon receipt of any application to establish a branch bank, provide notice of such application to all banking institutions. A banking institution may, within ten days after receipt of such notice, file a petition to intervene and shall, if it so files such petition, thereupon become a party to any hearing relating thereto before the board.
(h) The commissioner shall prescribe the form of the application for a branch bank and shall collect an examination and investigation fee of one thousand dollars for each filed application for a branch bank that is to be established by the construction, lease or acquisition of a branch bank facility, and two thousand five hundred dollars for a branch bank that is to be established by the purchase of the business and assets and assumption of the liabilities of, or merger or consolidation with another banking institution. Notwithstanding the above, if the merger or consolidation is between an existing banking institution and a bank newly incorporated solely for the purpose of facilitating the acquisition of the existing banking institution, the commissioner shall collect an examination and investigation fee of five hundred dollars. The board shall complete the examination and investigation within ninety days from the date on which such application and fee are received, unless the board requests in writing additional information and disclosures concerning the proposed branch bank from the applicant banking institution, in which event such ninety-day period shall be extended for an additional period of thirty days plus the number of days between the date of such request and the date such additional information and disclosures are received.
(i) Upon completion of the examination and investigation with respect to such application, the board shall, if a hearing be required pursuant to subsection (j) of this section, forthwith give notice and hold a hearing pursuant to the following provisions:
(1) Notice of such hearing shall be given to the banking institution with respect to which the hearing is to be conducted in accordance with the provisions of section two, article seven, chapter twenty-nine-a of this code, and such hearing and the administrative procedures in connection therewith shall be governed by all of the provisions of article five, chapter twenty-nine-a of this code, and shall be held at a time and place set by the board but shall not be less than ten nor more than thirty days after such notice is given;
(2) At any such hearing a party may represent himself or be represented by an attorney at law admitted to practice before any circuit court of this state;
(3) After such hearing and consideration of all the testimony and evidence, the board shall make and enter an order approving or disapproving the application, which order shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of such order and accompanying findings and conclusions shall be served upon all parties to such hearing, and their attorneys of record, if any.
(j) No state banking institution may establish a branch bank until the board, following an examination, investigation, notice and hearing, enters an order approving an application for that branch bank: Provided, That no such hearing shall be required with respect to any application to establish a branch bank which is approved by the board unless a banking institution has timely filed a petition to intervene pursuant to subsection (g) of this section. The order shall be accompanied by findings of fact that:
(1) Public convenience and advantage will be promoted by the establishment of the proposed branch bank;
(2) Local conditions assure reasonable promise of successful operation of the proposed branch bank and of those banks and branches thereof already established in the community;
(3) Suitable physical facilities will be provided for the branch bank;
(4) The applicant state-chartered banking institution satisfies such reasonable and appropriate requirements as to sound financial condition as the commissioner or board may from time to time establish by regulation;
(5) The establishment of the proposed branch bank would not result in a monopoly, nor be in furtherance of any combination or conspiracy to monopolize the business of banking in any section of this state; and
(6) The establishment of the proposed branch bank would not have the effect in any section of the state of substantially lessening competition, nor tend to create a monopoly or in any other manner be in restraint of trade, unless the anti-competitive effects of the establishment of that proposed branch bank are clearly outweighed in the public interest by the probable effect of the establishment of the proposed branch bank in meeting the convenience and needs of the community to be served by that proposed branch bank. If the branch results from the merger or acquisition of banking institutions, the findings of fact required in subdivisions (1) through (3) of this subsection may be based on the performance and suitability of the previous banking offices.
(k) Any party who is adversely affected by the order of the board shall be entitled to judicial review thereof in the manner provided in section four, article five, chapter twenty-nine-a of this code. Any such party adversely affected by a final judgment of a circuit court following judicial review as provided in the foregoing sentence may seek review thereof by appeal to the supreme intermediate court of appeals in the manner provided in article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by article six, chapter twenty-nine-a of this code.
(l) Pursuant to the resolution of its board of directors and with the prior written approval of the commissioner, a state banking institution may discontinue the operation of a branch bank upon at least thirty days prior public notice given in such form and manner as the commissioner prescribes.
(m) Any violation of any provision of this section shall constitute a misdemeanor offense punishable by applicable penalties as provided in section fifteen of this article.
CHAPTER 33. INSURANCE.
ARTICLE 2. INSURANCE COMMISSIONER.

§33-2-14. Judicial review.

An appeal from the commissioner shall be taken only from an order entered after hearing or an order refusing a hearing. Any person aggrieved by any such order may, within thirty days after the order has been mailed or delivered to the persons entitled to receive the same, or within thirty days after an order denying rehearing has been so mailed or delivered, appeal to the circuit court of Kanawha County, or the judge thereof in vacation, by presenting a written petition to such court or judge and mailing a copy thereof to the commissioner. Upon the receipt of such copy the commissioner shall forthwith transmit to the clerk of such court the record of the proceedings before him. The court or judge shall fix a time for hearing upon said petition at his earliest convenience. Notice in writing of the time and place of said hearing shall be given by petitioner to the commissioner at least fifteen days prior thereto. The court or judge shall, without a jury, hear and determine the matter upon the record of proceedings before the commissioner, except that for good cause shown the court may permit the introduction of additional evidence, and may enter an order revising or reversing the order of the commissioner, or may affirm such order, or remand the action to the commissioner for further proceedings. Pending such appeal the order of the commissioner shall be in full force and effect until final determination, unless the commissioner shall in his discretion have stayed the effect of his order pending final determination of the appeal or unless the court or judge thereof before whom the appeal is pending shall enter an order staying the commissioner's order until final determination. The judgment of the circuit court may be reviewed upon appeal by the supreme intermediate court of appeals in the same manner as other civil cases to which the state is a party. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
ARTICLE 10. REHABILITATION AND LIQUIDATION.

§33-10-2. Jurisdiction, venue and appeal of delinquency proceedings; exclusive remedy.

(a) The circuit courts of this state or the judges thereof in vacation are vested with exclusive original jurisdiction of delinquency proceedings under this article, and are authorized to make all necessary and proper orders to carry out the purposes of this article.
(b) The venue of delinquency proceedings against a domestic insurer shall be in the circuit court of the county of the insurer's principal place of business. The venue of such proceedings against foreign insurers, alien insurers or domestic insurers in which their principal place of business is outside of the state of West Virginia shall be in the circuit court of Kanawha County.
(c) With the exception of administrative supervision pursuant to article thirty-four of this chapter, delinquency proceedings pursuant to this article shall constitute the sole and exclusive method of liquidating, rehabilitating, reorganizing or conserving an insurer, and no court shall entertain a petition for the commencement of such proceedings unless the same has been filed in the name of the state on the relation of the insurance commissioner.
(d) An appeal shall lie to the supreme intermediate court of appeals from an order granting or refusing rehabilitation, liquidation, or conservation, and from every other order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(e) At any time after an order is made under section ten or eleven of this article, the commissioner may remove the principal office of the insurer proceeded against to Kanawha County. In the event of such removal, the court wherein the proceeding was originally commenced shall, upon the application of the commissioner, direct its clerk to transmit all the pleadings, motions and other papers filed therein with such clerk to the clerk of the circuit court of Kanawha County. The proceeding shall thereafter be subject to the jurisdiction of the Kanawha County circuit court and conducted in the same manner as though it had been commenced in the Kanawha County circuit court.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE

CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH INSURANCE CORPORATIONS.

§33-24-15. Jurisdiction, venue and appeal of delinquency proceedings; exclusive remedy.

(a) The circuit courts of this state or the judges thereof in vacation are vested with exclusive original jurisdiction of delinquency proceedings under this article, and are authorized to make all necessary and proper orders to carry out the purposes of this article.
(b) The venue of delinquency proceedings against a corporation shall be in the circuit court of the county of the corporation's principal place of business.
(c) Delinquency proceedings pursuant to this article shall constitute the sole and exclusive method of liquidating, rehabilitating, supervising, reorganizing or conserving a corporation, and no court shall entertain a petition for the commencement of such proceedings unless the same has been filed in the name of the state on the relation of the insurance commissioner.
(d) An appeal shall lie to the supreme intermediate court of appeals from an order granting or refusing rehabilitation, liquidation, supervision or conservation, and from every other order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(e) At any time after an order is made under section sixteen or seventeen of this article the commissioner may remove the principal office of the corporation proceeded against to Kanawha County. In the event of such removal, the court wherein the proceeding was originally commenced shall, upon the application of the commissioner, direct its clerk to transmit all the pleadings, motions and other papers filed therein with such clerk to the clerk of the circuit court of Kanawha County. The proceeding shall thereafter be subject to the jurisdiction of the Kanawha County circuit court and conducted in the same manner as though it had been commenced in the Kanawha County circuit court.
CHAPTER 37. REAL PROPERTY
ARTICLE 14. REAL ESTATE APPRAISERS.

§37-14-8. Judicial review; appeals to the intermediate and supreme court of appeals.

(a) Any party to a hearing before the board affected by any order of the board made and entered after a hearing as provided in this chapter shall be entitled to judicial review thereof in the manner provided in article five, chapter twenty-nine-a of this code.
(b) Any such party adversely affected by a final judgment of a circuit court following judicial review as provided in subsection (a) of this section may seek review thereof by appeal to the supreme intermediate court of appeals in the manner provided in article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided article six, chapter twenty-nine-a of this code.
CHAPTER 46A. CONSUMER CREDIT AND PROTECTION ACT.
ARTICLE 7. ADMINISTRATION.

§46A-7-106. Administrative enforcement orders; judicial review.

(1) After notice and hearing the attorney general may order a creditor or other person to cease and desist from engaging in violations of this chapter.
(2) A respondent aggrieved by an order of the attorney general may obtain judicial review of the order in accordance with the provisions of chapter twenty-nine-a of this code, except as herein otherwise provided. The proceeding for review must be initiated by the filing of a petition in the court within thirty days after a copy of the order of the attorney general is received. Copies of the petition shall be served upon all parties of record.
(3) Within thirty days after service of the petition for review upon the attorney general, or within any further time the court may allow, the attorney general shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including any transcript of testimony, which need not be printed. By stipulation of all parties to the review proceeding, the record may be shortened. After hearing, the court may (a) reverse or modify the order if the findings of fact of the attorney general are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record, (b) grant any temporary relief or restraining order it deems just, or (c) enter an order affirming, enforcing, modifying and enforcing as modified, or setting aside in whole or in part, the order of the attorney general, or remanding the case to the attorney general for further proceedings.
(4) An objection not urged at the administrative hearing shall not be considered by the court unless the failure to urge the objection is excused for good cause shown. A party may move the court to remand the case to the attorney general in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon upon good cause shown for the failure to adduce this evidence before the attorney general. The attorney general's copy of the testimony shall be available at reasonable times to all parties for examination without cost.
(5) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals of this state in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. The attorney general's copy of the testimony shall be available at reasonable times to all parties for examination without cost. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
(6) If no proceeding for judicial review is initiated, the attorney general may obtain an order of a circuit court for enforcement of his order upon a showing that the order was issued in compliance with this section, that no proceeding for review was initiated within thirty days after a copy of the order was received and that the respondent is subject to the jurisdiction of the court. If no proceeding for judicial review is initiated, the proceeding for enforcement of any order of the attorney general shall be initiated by the filing of a petition in the court. Copies of the petition shall be served upon all parties of record.
(7) With respect to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, the attorney general may not issue an order pursuant to this section but may bring a civil action for an injunction.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 11B. CLOSING-OUT SALES, FIRE SALES AND DEFUNCT BUSINESS SALES.

§47-11B-8. Notice of denial, refusal or revocation of license; judicial review thereof.

Whenever the commissioner shall deny or refuse to issue a license or shall revoke any license, he shall make and enter an order to that effect and shall cause a copy of such order to be served in person or by certified mail, return receipt requested, on the applicant or person licensed by him, as the case may be. Such order shall be accompanied by findings of fact and conclusions of law upon which such order was made and entered. Any person adversely affected by an order made and entered by the board is entitled to judicial review thereof. Such judicial review shall be in the circuit court for the county in which the sale is to be or is being conducted. The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals of West Virginia. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally. Legal counsel and services for the commissioner in appeal proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants, and in appeal proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The commissioner, with the written approval of the attorney general, may employ special counsel to represent the commissioner in a particular proceeding.
ARTICLE 12. REAL ESTATE COMMISSION, BROKERS, AND SALESPERSONS.

§47-12-13. Appeals.

Any applicant or licensee, or person aggrieved, shall have the right of appeal from any adverse ruling, order or decision of the commission to the circuit court of the county where the hearing was held within thirty days from the service of notice of the action of the commission upon the parties in interest.
(a) Notice of appeal shall be filed in the office of the clerk of the circuit court wherein the hearing was held, who shall issue a writ of certiorari directed to the commission, commanding it, within ten days after service thereof, to certify to such court, its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard, in due course, by said court, which shall review the record and make its determination of the cause between the parties.
(b) In the event an appeal is taken by a licensee or applicant, such an appeal shall not stay enforcement of the commission's order or decision or act as a supersedeas thereof unless otherwise ordered by the circuit court.
(c) Any person taking an appeal shall post a satisfactory bond in the amount of two hundred dollars for the payment of any costs which may be adjudged against him or her.
(d) Appeal may be taken from the circuit court to the supreme intermediate court of appeals by manner prescribed by law. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. INTERMEDIATE COURT OF APPEALS
§51-1B-1.Intermediate appellate judges; judicial districts; elections; and residence of judges.
(a)The intermediate court of appeals shall consist of three judges who are each elected from the following judicial districts:
(1)The first judicial district is comprised of the counties of Barbour, Brooke, Doddridge, Grant, Hancock, Harrison, Marion, Marshall, Mineral, Monongalia, Ohio, Pleasants, Preston, Richie, Taylor, Tucker, Tyler, Wetzel and Wood.
(2)The second judicial district is comprised of the counties of Berkeley, Braxton, Calhoun, Clay, Gilmer, Hampshire, Hardy, Jackson, Jefferson, Kanawha, Lewis, Mason, Morgan, Nicholas, Pendleton, Putnam, Randolph, Roane, Upshur and Wirt.
(3)The third judicial district is comprised of the counties of Boone, Cabell, Fayette, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Pocahontas, Raleigh, Summers, Wayne, Webster and Wyoming.
(b)Beginning with the party primaries and general elections to be conducted in the year two thousand, each intermediate appellate judge shall be elected at large from the entire district. The candidates receiving the highest number of votes cast in those elections within the district shall be nominated or elected, as the case may be.
(c)Each intermediate appellate judge shall reside in the district for which he was elected.
§ 51-1B-2.Terms of office and salary.
(a)The terms of office for intermediate appellate judges shall commence on the first day of January, two thousand one. The first term of office for the intermediate appellate judge in the first judicial district shall expire on the thirty-first day of December, two thousand four. The first term of office for the intermediate appellate judge of the second judicial district shall expire on the thirty-first day of December, two thousand eight. The first term of office for the intermediate appellate judge of the third district shall expire on the thirty-first day of December, two thousand eight. Thereafter, the terms of office for intermediate appellate judges shall be eight years.
(b) The salary of each of the intermediate appellate judges shall be eighty-two thousand five hundred dollars.
§ 51-1B-3.Location.
The intermediate court of appeals shall be located in the same facility as or in close proximity to the West Virginia Supreme Court of Appeals.
§ 51-1B-4.Clerk; duties of the clerk; deputy, associate and assistant clerks; and staff.
(a)The intermediate court of appeals may appoint a clerk, who shall give bond as required by article two, chapter six of this code. The annual compensation of the clerk shall fixed by the court, payable out of the state treasury, and is in lieu of all other fees, costs, allowances, compensation, perquisites and income of whatever kind by virtue of his or her office.
(b)The clerk of the intermediate court of appeals shall attend in person, or by deputy, all the sessions of the court, to obey its orders and directions, to take care of and presence in an office, kept for the purpose, all records and papers of the court, and to perform such other duties as may be prescribed by law or required of him or her by the court.
(c)The intermediate court of appeals may appoint one deputy clerk, one associate clerk, one assistant clerk and such other clerical, administrative and legal staff as are necessary to properly perform the duties and functions of the intermediate court of appeals.
§ 51-1B-5.Jurisdiction.
Any person may appeal an adverse final order rendered by an agency, board, authority or commission of the state, a county or municipality or an adverse final order of a circuit court where a party has prosecuted an appeal of such administrative decision, to the intermediate court of appeals. However, those administrative decisions or orders which are required to be directly appealed to the circuit court under any other provision in this code must be appealed to the circuit court prior to prosecuting an appeal with the intermediate court of appeals.
§ 51-1B-6. Decisions.
(a)For all administrative cases described in section five of this article that are appealed to the intermediate court of appeals, the court shall consider the record, legal briefs of the parties, and, where it is deemed necessary by the court, arguments of the parties prior to rendering a decision.
(b)Any decision reversing, remanding or affirming an administrative decision or final order of the circuit court must sufficiently set forth the reasons therefor, including the legal basis and the findings of fact that lead to the decision.
(c)All decisions of the intermediate court of appeals must have the consent of at least two of the intermediate appellate judges.
§ 51-1B-7.Regulation of pleading, practice and procedure.
The intermediate court of appeals shall make and propose general rules regarding the pleading, practice and procedure provided that such rules are not inconsistent with any rule of the supreme court of appeals. The promulgated rules are effective only after approval by the supreme court of appeals.
§ 51-1B-8.Regular and special terms.
(a)Two terms of the intermediate court of appeals must be held every year at Charleston, in Kanawha county, the first commencing on the second Tuesday in January, the second on the first Wednesday in September, and will continue until the business is dispatched.
(b)Under extraordinary circumstances or whenever the public interest so requires, special terms of the intermediate court of appeals may be held for decisions of cases. Special terms may be held in Charleston, in Kanawha county, where regular terms are held, or at such other times and places as the court may designate by an order entered of record at a regular or special term of said court.
§ 51-1B-9. Adjournment.
The intermediate court of appeals may, at any regular or special term, adjourn from day to day or from time to time, as court may order, until its close.
CHAPTER 58. APPEAL AND ERROR
ARTICLE 4A. APPELLATE RELIEF IN THE INTERMEDIATE COURT OF APPEALS.
§58-4A-1. When appeal lies.
Any party adversely affected by a final order or final decision of a state, county or municipal agency, commission or board or a final order or decision of a circuit court where a party has prosecuted an appeal of such an administrative decision, may file a petition of appeal to the intermediate court of appeals. However, those administrative decisions or orders which are required to be directly appealed to the circuit court under any other provision in this code must be appealed to the circuit court prior to prosecuting an appeal with the intermediate court of appeals.
§58-4A-2.Presentation of petition and time for filing petition.
A party seeking to appeal a decision to the intermediate court of appeals must file a petition in accordance with and in the time provided for by the rules of appellate procedure promulgated by the intermediate court of appeals.
§ 58-4A-3.Stay of proceedings.
Any petition for a stay of proceedings must be filed and processed in accordance with the rules of appellate procedure promulgated by the intermediate court of appeals.

§58-4A-4. Filing of petition; transmission of petition and record; payment of expenses and fees; compensation of clerk; return of record.

A party appealing a decision of intermediate court of appeals to the supreme court of appeals must file his or her petition, together with a copy thereof, in the office of the clerk of the intermediate court of appeals. The clerk, retaining in his office the copy of such petition, shall, as soon as may be, transmit to the clerk of the supreme court of appeals the original, together with as much of the record that will enable the supreme court of appeal make a decision on whether or not the grant the petition, and, if the petition be granted, to properly to decide the questions that may arise before it.
The clerk of the intermediate court of appeals, before transmitting the record as aforesaid, shall arrange the papers in the order of the filing and entry thereof, numbering the pages, make and certify copies of all orders entered in the case, copies of which are not in the files, and prepare and annex to the record a table of contents or index.
Before such petition and record are transmitted to the supreme court, the petitioner shall pay to the clerk of the intermediate court of appeals all the expenses of preparation and indexing of the record and all fees for filing the petition and making and certifying necessary copies of orders, and the clerk shall indorse on the petition that such expenses and fees have been paid. If petition is not granted, the petition and record shall be returned to the office of the clerk of intermediate court of appeals.
ARTICLE 5. APPELLATE RELIEF IN THE SUPREME COURT OF APPEALS.
§58-5-1. When appeal lies.
A party to a civil action may appeal to the supreme court of appeals from a final judgment of the intermediate court of appeals or any circuit court. A party to a civil action may also appeal or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circuit court that there is no just reason for delay and upon an express direction for the entry of judgment as to such claims or parties. The defendant in a criminal action may appeal to the supreme court of appeals from a final judgment of any circuit court in which there has been a conviction or which affirms a conviction obtained in an inferior court.
§58-5-4. Time for appeal.
No petition shall be presented for an appeal from any judgment rendered more than four months before such petition is filed with the clerk of the court where the judgment being appealed was entered: Provided, That the intermediate court of appeals or judge of the circuit court may, prior to the expiration of such period of four months, by order entered of record extend and reextend such period for such additional period or periods, not to exceed a total extension of two months, for good cause shown, if the request for preparation of the transcript was made by the party seeking such appellate review within thirty days of the entry of such judgment, decree or order.

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-28. Notice of and hearing on revocation.

(a) Before a retail license issued under the authority of this article may be suspended for a period of more than twenty days, or revoked, the commissioner shall give at least ten days' notice to the retail licensee. Notice shall be in writing, shall state the reason for suspension or revocation, and shall designate a time and place for a hearing where the retail licensee may show cause why the retail license should not be suspended or revoked. Notice shall be sent by certified mail to the address for which the retail license was issued. The retail licensee may, at the time designated for the hearing, produce evidence in his or her behalf and be represented by counsel.
(b) Such hearing and the administrative procedures prior to, during and following the same shall be governed by and in accordance with the provisions of article five, chapter twenty- nine-a of this code in like manner as if the provisions of article five were fully set forth in this section.
(c) Any person adversely affected by an order entered following such hearing shall have the right of judicial review thereof in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code with like effect as if the provisions of said section four were fully set forth in this section.
(d) The judgment of a circuit court reviewing such order of the commissioner shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty-nine-a of this code.
(e) Legal counsel and services for the commissioner in all such proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.
(f) Upon final revocation, the commissioner shall proceed to reissue the retail license by following the procedures set forth herein for the initial issuance of a retail license.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-13a. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs.

The commissioner shall not revoke or suspend any license issued pursuant to this article or impose any civil penalties authorized thereby unless and until a hearing shall be held after at least ten days' notice to the licensee of the time and place of such hearing, which notice shall contain a statement or specification of the charges, grounds or reasons for such proposed contemplated action, and which shall be served upon the licensee as notices under the West Virginia rules of civil procedure or by certified mail, return receipt requested, to the address for which license was issued; at which time and place, so designated in the notice, the licensee shall have the right to appear and produce evidence in his behalf, and to be represented by counsel: Provided, That the commissioner may forthwith suspend any such license when the commissioner believes the public safety will be adversely affected by the licensee's continued operation.
The commissioner shall have authority to summon witnesses in the hearing before him, and fees of witnesses summoned on behalf of the state in proceedings to sanction licenses shall be treated as a part of the expenses of administration and enforcement. Such fees shall be the same as those in similar hearings in the circuit courts of this state. The commissioner may, upon a finding of violation, assess a licensee a sum, not to exceed one hundred fifty dollars per violation, to reimburse the commissioner for expenditures of witness fees, court reporter fees and travel costs incurred in holding the hearing. Any moneys so assessed shall be transferred to the alcohol beverage control enforcement fund created by section thirteen of this article.
If, at the request of the licensee or on his motion, the hearing shall be continued and shall not take place on the day fixed by the commissioner in the notice above provided for, then such licensee's license may be suspended until the hearing and decision of the commissioner, and in the event of revocation or suspension of such license, upon hearing before the commissioner, the licensee shall not be permitted to sell alcoholic liquor pending an appeal as provided by this article. Any person continuing to sell alcoholic liquor after his license has been suspended or revoked, as hereinbefore provided, is guilty of a misdemeanor and shall be punished as provided in section twelve of this article.
The action of the commissioner in revoking or suspending a license shall be subject to review by the circuit court of Kanawha County, West Virginia, in the manner provided in chapter twenty-nine-a of this code, when such licensee may be aggrieved by such revocation or suspension. Petition for such review must be filed with said circuit court within a period of thirty days from and after the date of revocation or suspension by the commissioner; and any licensee obtaining an order for such review shall be required to pay the costs and fees incident to transcribing, certifying and transmitting the records pertaining to such matter to the circuit court. An application to A petition for appeal to the supreme intermediate court of appeals of West Virginia for a writ of error from any final order of the circuit court in any such matter shall be made within thirty days from and after the entry of such final order. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner and within the time provided by law for civil appeals generally.
All such hearings, upon notice to show cause why license should be revoked or suspended, before the commissioner shall be held in the offices of the commissioner in Charleston, Kanawha County, West Virginia, unless otherwise provided in such notice, or agreed upon between the licensee and the commissioner; and when such hearing is held elsewhere than in the commissioner's office, the licensee may be required to make deposits of the estimated costs of such hearing.
Whenever any licensee has been convicted of any offense constituting a violation of the laws of this state or of the United States relating to alcoholic liquor, or nonintoxicating beer, and such conviction has become final, the clerk of the court in which such licensee has been convicted shall forward to the commissioner a certified copy of the order or judgment of conviction if such clerk has knowledge that the person so convicted is a licensee, together with the certification of such clerk that the conviction is final. The commissioner shall report violations of any of the provisions of section twelve or twelve-a of this article to the prosecuting attorney of the county in which the licensed premises is located.
ARTICLE 8. SALE OF WINES.

§60-8-18. Revocation or suspension of license; procedure upon refusal, revocation or suspension .

(a) The commissioner may on his own motion, or shall on the sworn complaint of any person, conduct an investigation to determine if any provisions of this article have been violated by any licensee. The commissioner may suspend or revoke any licensee's license if he finds that such licensee has violated any provision of this article, or if he finds the existence of any ground on which a license could have been refused, if such licensee were then applying for a license, and if the commissioner finds that a licensee has willfully violated any provision of this article he shall revoke such licensee's license.
(b) Whenever any distributor fails or refuses to keep the bond required by section twenty of this article in effect, such distributor's license shall be automatically suspended until such time as bond required by section twenty is furnished to the commissioner, at which time such suspension shall be vacated.
(c) Whenever the commissioner refuses to issue a license, or suspends or revokes a license, he shall enter an order to that effect, and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.
(d) Any applicant or licensee, as the case may be, adversely affected by such order shall have a right to a hearing thereon before the commissioner, providing that demand in writing for such hearing is served upon the commissioner within ten days following the receipt by such applicant or licensee of the copy of said order. The service of such demand for a hearing upon the commissioner shall operate to suspend the execution of the order with respect to which a hearing is being demanded, except an order suspending a license under the provisions of subsection (b) of this section. The person demanding a hearing shall give security for the cost of such hearing in such form and amount as the commissioner may reasonably require. If the person demanding such hearing does not substantially prevail in such hearing or upon judicial review thereof as hereinafter provided, then the costs of such hearing shall be assessed against him by the commissioner and may be collected by an action at law or other proper remedy.
(e) The commissioner shall immediately set a date for such hearing and notify the person demanding such hearing thereof, which hearing shall be held within thirty days after receipt of said demand. At such hearing the commissioner shall hear evidence and thereafter enter an order supporting by findings of facts, affirming, modifying or vacating the order, which order shall be final unless vacated or modified upon judicial review thereof.
(f) Such hearing and the administrative procedure prior to, during and following the hearing shall be governed by and in accordance with the provisions of article five, chapter twenty- nine-a of this code in like manner as if the provisions of article five were set forth in extenso in this section.
(g) Any person adversely affected by an order entered following such hearing shall have the right of judicial review thereof in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code with like effect as if the provisions of said section four were set forth in extenso herein.
(h) The judgment of a circuit court reviewing the order of the commissioner shall be final unless reversed, vacated or modified on appeal to the supreme intermediate court of appeals in accordance with the provisions of section one, article six, chapter twenty- nine-a of this code. A party adversely affected by a final ruling of the intermediate court of appeals may seek review thereof by petitioning the supreme court of appeals in the manner provided by section two, article six, chapter twenty-nine-a of this code.
(i) Legal counsel and services for the commissioner in all such proceedings in any circuit court, the intermediate court of appeals and the supreme court of appeals shall be provided by the attorney general or his assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.

The purpose of the bill is to establish an intermediate court of appeals that would consider all administrative appeals. The intermediate court of appeals would hear all circuit court decisions wherein the final order or decision of an agency, board, or commission has been appealed as well as all appeals of administrative final decisions previously made directly to the supreme court.