WVC 29 - 6 - 14
§29-6-14. Certification of payrolls; wrongfully withholding
certification of payroll.
(a) No state disbursing or auditing officer shall make or
approve or take any part in making or approving any payment for
personal service to any person holding a position in the
classified service unless the payroll voucher or account of such
pay bears the certification of the director, or of his authorized
agent, that the persons named therein have been appointed and
employed in accordance with the provisions of this article and
the rules, regulations and orders thereunder. The director may
for proper cause withhold certification from an entire payroll or
from any specific item or items thereon. The director may,
however, provide that certification of payrolls may be made once
every six months, and such certification shall remain in effect
except in the case of any officer or employee whose status has
changed after the last certification of his payroll. In the
latter case no voucher for payment of salary to such employee
shall be issued or payment of salary made without further
certification by the director.
(b) If the director wrongfully withholds certification of
the payroll voucher or account of any employee, such employee may
maintain a proceeding in the courts to compel the director to
certify such payroll voucher or account.