Bill Amendment: WV HB5395 | 2024 | Regular Session
Bill Title: Relating to judicial review of Board decisions
Status: 2024-04-22 - Chapter 79, Acts, Regular Session, 2024 [HB5395 Detail]
Download: West_Virginia-2024-HB5395-hb5395_s_jud_am_1_2-27.html
HB5395 S JUD AM #1 2-27
Mowen 7888
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 7. CLAIM PROCEDURE.
§21A-7-17. Finality of board's decision — Judicial review.
The decision of the board shall be final and benefits shall be paid or denied in accordance therewith, unless a claimant, last employer, or other interested party appeals to the circuit court of Kanawha County Intermediate Court of Appeals within thirty 30 days after mailing of notification of the board's decision: Provided, That, in cases relating to a disqualification under subdivision (4) of section three of article six §21A-6-3(4) of this code, the decision of the board shall be final and benefits shall be paid or denied in accordance therewith, unless a claimant, last employer, or other interested party appeals to the circuit court of Kanawha County Intermediate Court of Appeals within twenty 20 days after mailing of notification of the board's decision.
Parties to the proceedings before the board shall be made defendants in any such appeal; and the commissioner shall be a necessary an interested party to with the discretionary authority to appear in any such judicial review.
§21A-7-20. Board a necessary party to judicial action; legal counsel.
[Repealed.]
Adopted
Rejected
