WVC 32 - 4 - 411
§32-4-411. Judicial review of orders.
(a) Any person aggrieved by a final order of the
commissioner may obtain a review of the order in the circuit
court of Kanawha county by filing in court, within sixty days
after the entry of the order, a written petition praying that the
order be modified or set aside in whole or in part. A copy of
the petition shall be forthwith served upon the commissioner and
thereupon the commissioner shall certify and file in court a copy
of the filing and evidence upon which the order was entered. When
these have been filed, the court has exclusive jurisdiction to
affirm, modify, enforce or set aside the order, in whole or in
part. The findings of the commissioner as to the facts, if
supported by competent, material and substantial evidence, are
conclusive. If either party applies to the court for leave to
adduce additional material evidence, and shows to the
satisfaction of the court that there were reasonable grounds for
failure to adduce the evidence in the hearing before the
commissioner, the court may order the additional evidence to be
taken before the commissioner and to be adduced upon the hearing
in such manner and upon such conditions as the court considers
proper. The commissioner may modify his findings and order by
reason of the additional evidence and shall file in court the
additional evidence together with any modified or new findings or
order. The judgment of the court shall be final, subject to
review by the supreme court of appeals.
(b) The commencement of proceedings under subsection (a)
does not, unless specifically ordered by the court, operate as a stay of the commissioner's order.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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