W. Va. Code R. § 81-8-10

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-8-10 - Grievant's Right to Attorney's Fees and Costs
10.1. If a member shall appeal to the Intermediate Court of Appeals an adverse decision of a hearing examiner rendered in a grievance proceeding pursuant to provisions of this rule, or if the member is required to defend an appeal and such member shall substantially prevail, the State Police shall be liable to such member upon final judgment or order, for court costs and for reasonable attorney fees to be set by the court for representing the member in all administrative hearings and before the Intermediate Court of Appeals and the supreme court of appeals and shall be further liable to the member for any court reporter costs incurred during any administrative hearings or court proceedings. In no event shall attorney's fees be awarded in excess of a total of $1,000 for the administrative hearings and Intermediate Court of Appeals proceedings nor an additional $1,000 for supreme court proceedings. The requirements of this section shall not be construed to limit the grievant's right to recover reasonable attorney's fees in a mandamus proceeding brought under section nine of this rule.

W. Va. Code R. § 81-8-10