CHAPTER 24. PUBLIC SERVICE COMMISSION.
WVC 24 - 5 -
ARTICLE 5. REVIEW OF COMMISSION'S ACTION.
WVC 24 - 5 - 1
§24-5-1. Review of final orders of commission.
Any party feeling aggrieved by the entry of a final order by
the commission, 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 secretary of the
commission on or before the date the same is presented to the
court or the judge, and it shall be the duty of the secretary
promptly to file with the clerk of said court all papers,
documents, evidence and other records constituting the complete
record in the case, or certified copies thereof, as were before
the commission at the time of the entry of the order from which
the appeal is taken. 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 secretary of the commission,
so that the commission may be represented at such hearing by one
or more of its members or by counsel. 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. The
commission shall file with the court before the day fixed for the
final hearing a written statement of its 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 2015 Regular Session
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