WEST VIRGINIA CODE
WVC 19 - 2 A- 9
§19-2A-9. Appeal from order of commissioner.
Any party feeling aggrieved by the entry of a final order by
the commissioner, affecting him or it, may present a petition in
writing to the supreme court of appeals, or to a judge thereof in
vacation, within thirty days after the entry of such order,
praying for the suspension of such final order. The applicant
shall deliver a copy of such petition to the commissioner before
presenting the same to the court or the judge. The court or
judge shall fix a time for the hearing on the application, but
such hearing, unless by agreement of the parties, shall not be
held, sooner than five days after its presentation; and notice of
the time and place of such hearing shall be forthwith delivered
to the commissioner, so that the commissioner may be represented
at such hearing. If the court or the judge after such hearing be
of the opinion that a suspending order should issue, the court or
the judge may require bond, upon such conditions and in such
penalty, and impose such terms and conditions upon the
petitioner, as are just and reasonable. For such hearing the
commissioner shall file with the clerk of said court all papers,
documents, evidence, and records or certified copies thereof as
were before the commissioner at the hearing or investigation
resulting in the entry of the order from which the petitioner
appeals. The commissioner shall file with the court before the
day fixed for the final hearing a written statement of his
reasons for the entry of such order, and after arguments by
counsel the court shall decide the matter in controversy as may
seem to be just and right.
Note: WV Code updated with legislation passed through the 2012 1st Special Session