§5-11-11. Appeal and enforcement of commission orders


Published: 2015

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WVC 5-11-11

§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 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 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 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 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 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.

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 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 or supreme court of appeals.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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