WVC 23 - 2 - 17
§23-2-17. Employer right to hearing; content of petition; appeal.
Notwithstanding any provision in this chapter to the contrary
and notwithstanding any provision in section five, article five,
chapter twenty-nine-a of this code to the contrary, in any
situation where an employer objects to a decision or action of the
executive director made under the provisions of this article, the
employer is entitled to file a petition demanding a hearing upon
the decision or action. The petition must be filed within thirty
days of the employer's receipt of notice of the disputed executive
director's decision or action or, in the absence of such receipt,
within sixty days of the date of the executive director's making
the disputed decision or taking the disputed action, the time
limitations being hereby declared to be a condition of the right to
litigate the decision or action and therefore jurisdictional.
The employer's petition shall clearly identify the decision or
action disputed and the bases upon which the employer disputes the
decision or action. Upon receipt of a petition, the executive
director shall schedule a hearing which shall be conducted in
accordance with the provisions of article five, chapter
twenty-nine-a of this code. An appeal from a final decision of the
executive director shall be taken in accord with the provisions of
articles five and six of said chapter: Provided, That all appeals
shall be taken to the circuit court of Kanawha County.