H. B. 2552
(By Delegates Yeager (By Request) and Mezzatesta)
[Introduced January 23, 2003; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section eight, article twenty-nine,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring the
losing party to pay all costs of education grievance
procedures for levels two and three.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-nine, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 29. GRIEVANCE PROCEDURE.
§18-29-8. Allocation of costs.
Any expenses incurred relative to the grievance procedure at
levels level one through three shall be borne by the party
incurring such the expenses and expenses incurred at levels two and
three shall be borne by the losing party,
except as to the costs of transcriptions as provided for in section six of this article.
In the event If an employee or employer appeals an adverse
level four decision to the circuit court or an adverse circuit
court decision to the supreme court, and the employee substantially
prevails upon such appeal, the employee or the organization
representing the employee is entitled to recover court costs and
reasonable attorney fees, to be set by the court, from the
employer.
NOTE: The purpose of this bill is to
require the losing party
to pay all costs of education grievance procedures for levels two
and three.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.