W. Va. Code R. § 158-5-22

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 158-5-22 - Immunity Absent Malicious or Fraudulent Complaints

22.1. Any person, official, or agency who in good faith files a verified complaint pursuant to 158 CSR 13 shall be immune from any civil liability that otherwise might result by reason of such actions.

22.1.a. In the event a person files a verified complaint which is determined by the committee to have been made maliciously or fraudulently, either knowing that the statements contained therein were not true, or in reckless disregard to the truth or falsity of material allegations contained in the complaint, the committee may impose one or more of the following sanctions on the complainant:

22.1.a.1. Make reimbursement to the respondent for reasonable actual costs incurred by the respondent;

22.1.a.2. Pay reasonable attorney fees incurred by the respondent;

22.1.a.3. Make reimbursement to the commission for the reasonable actual costs of investigation;

22.1.a.4. Decline to process any further complaints from the same individual until all monetary sanctions have been satisfied.

W. Va. Code R. § 158-5-22