Current through Register Vol. XLI, No. 50, December 13, 2024
Section 82-3-6 - Disposition of Skeletal Remains and Associated Artifacts When Claimed by Lineal Descendents6.1. The lineal descendents of a deceased individual shall file a claim of legitimacy and provide the Director with documentation and/or evidence of descent. 6.1.1. Based upon evidence submitted by the descendents of a deceased individual pursuant to section 6.1, the Director shall make a written determination of the legitimacy of a claim of descent and state the reasons therefore.6.1.2. A descendent may appeal an adverse determination of legitimacy by the Director to the Archives and History Commission by filing notice of appeal with the Commission twenty (20) days prior to the next regularly scheduled meeting. 6.1.2.a. The filing of a notice of appeal with the Commission shall stay any action to dispose of or rebury the claimed remains and associated artifacts and grave goods.6.1.2.b. Upon receipt of a notice of appeal, the Commission shall provide the descendent with a hearing at the next regularly scheduled meeting of the Commission. Such hearing shall be held in accordance with W. Va. Code § 29A-5-1 et. seq.6.2. Upon determination of a legitimate claim to the remains and grave goods, a written agreement between the Director in consultation with the ad hoc committee, the permittee and the descendent of the deceased shall be executed detailing the method by which the remains and any associated artifacts and grave goods shall be disposed of or reburied.