WVC 24 A- 8 - 1
§24A-8-1. Appeal from commission's action.
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 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 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. For
such hearing the commission shall file with the clerk of said
court all papers, documents, evidence, and records or certified
copies thereof as were before the commission at the hearing or
investigation resulting in the entry of the order from which the
petitioner appeals. 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 2016 Regular Session
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