WEST VIRGINIA CODE
WVC 29 - 2 A- 23
§29-2A-23. Judicial review of commission's action.
Any person aggrieved by any final order of the commission
shall have the right to a judicial review of the action of the
commission, upon certiorari by the circuit court of Kanawha
county, West Virginia. The granting of such review, upon
certiorari, shall be within the sound discretion of the judge of
the said circuit court. A petition for such review must be filed
with the said court, or with the judge thereof in vacation,
within a period of thirty days from the date of entry of the
final order complained of. An appeal from any final order
entered by the said circuit court upon granting such writ of
certiorari may be had by application to the supreme court of
appeals of West Virginia for a writ of error and supersedeas.
Such application to the supreme court of appeals shall be made
within thirty days of the entry of the order appealed from by the
said circuit court:
Provided, however, That when either the
circuit court or the supreme court of appeals has taken
jurisdiction of any such case, such court may, in its sound
discretion, refuse a stay of execution or supersedeas to the
order of the commission or any portion thereof during the time
that the case is pending before the said court, if the court is
of the opinion that the order of the commission or a part of such
order is reasonable and has been issued for the protection of the
public safety.
Note: WV Code updated with legislation passed through the 2012 1st Special Session