W. Va. Code R. § 77-8-15

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-8-15 - Judicial Review and Enforcement of Final Decision
15.1. Judicial review of final decision
15.1.1. Petition for review

Any party adversely affected by a final decision under 14.6. may file a petition in the appropriate circuit court for review of the decision under W. Va. Code '5-11A-13(h). The petition must be filed within thirty (30) days of the date of issuance of the final decision.

15.1.2. No petition for review.

If no petition for review is filed under section 15.1.1 within forty-five (45) days from the date of issuance of the final decision, the findings of facts and final decision shall be conclusive in connection with any petition for enforcement described under section 15.2 filed thereafter by the commission, and in connection with any petition for enforcement described under section 15.2.

15.2. Enforcement of final decision.
15.2.1. Enforcement by the commission.

Following the issuance of a final decision under 14.6., the commission may petition the appropriate circuit court for the enforcement of the final decision and for appropriate temporary relief or restraining order.

15.2.2. Enforcement by others.

If before the expiration of sixty (60) days from the date of issuance of the final decision under 14.6., no petition for review of the final decision has been filed, and the commission has not sought enforcement of the final decision as described in section 15.2.1, any person entitled to relief under the final decision may petition the appropriate court for the enforcement of the final decision.

W. Va. Code R. § 77-8-15