The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-08-24
WEST VIRGINIA UNEMPLOYMENT
COMPENSATION LAW EXPLAINED
quorum Of it's members.

quorum Of it's members.
Sec. 13. Procedure. The board shall
establish, and may from time to time
modify and amend, rules and regu-
lations for:
O The conduct and determination
of benefit cases appealed to it, or to
an appeal tribunal.
(2) The form of all papers and rec
ords thereof.
(3) The time, and manner of hear
ings.
(4) Determining the rights of the
parties; and the rules need not con-
form to the common law or statutory
rules of evidence and procedure and
may provide for the determination of
questions of fact according to the
predominance of the evidence.
Sec. ID. Records. The board shall
keep full and complete records of all
proceedings concerning disputed
claim. All testimony upon a disputed
claim shall be recorded but need not
be transcribed unless the claim is ap-
pealed.
Sec Is. Report of Decision. The
board shall notify the claimant and
last employer of it's findings and de-
cision on an appeal.
Sec. 16. Exclusion of Interested
Party. A person interested in the de-
termination of any disputed claim
arising under this chapter shall not
participate on behalf of the director
or the board in the determination
thereof.
Sec. IT, Finality of Boards Decision.
The decision of the board shall be final
and benefits shall be paid or denied in
accordance Herewith, unless claim
ant or interested party appeals to a
court within twenty days after mail
ing or notification of the boards de-
cision.
Sec. 1S. Claim Procedure Cost. Wit
ness fees of subpoenaed witnesses
shall be charged to the administration
fund.
Sec. 10. Administrative Relief First.
A person claiming an interest under
the provisions of this article shall ex-
haust his remedies before the board
before seeking judicial review.
Sec. 20. Board Necessary Party.
The board shall be made party to
every judicial action which involves
it's decisions. The board may be rep
resented in such actions by an at
torney of the department or at the
boards request, by the attorney gen.
eral.
Sec. 21. Findings of Fact. In a jul
dicial proceeding to review decision
of the board, the findings of fact, if
supported by the evidence and in the
absence of fraud, shall be conclusive,
and the jurisdiction Of the court con-
fined to questions of law.
Sec. %. Judicial Review. Within
twenty days after decision of the
board has become final, any party
aggrieved may secure judicial review
of the decision by commencing an
action against the board in the circuit
court Of Kanawha county. Parties to
the proceedings before the board shall
be made defendants.
Sec. %. Trial. Except as limited by
section twenty-one of this article, de-
cision of the board taken to the cir
cult court of Kanawha county for ju
dicial review shall be tried as any
other civil action, provided, however,
that such actions shall have preference
on the calendar of the court over all
other civil actions, except cases aris-
ing under the workmen's compensa-
tion law.
Sec. "a. Exceptions and Bond. In
any judicial proceeding arising under
this chapter it shall not be necessary
to enter exception to the rulings of
the board and no bond shall be re-
quired for entering an appeal.
Sec. 25. Service in Action. Service in
such action shall be upon the chair
man of the board or such person as
he may designate, and service upon
him shall be treated as completed ser
vice upon all parties to the original
dispute. The chairman of the board
or such person as he may designate
shall Immediately upon receipt of SER
vice forward copy of such service by
registered mail to each defendant.
Sec. 26. Transcript of Record. The
board shall certify and file with the
court all documents and papers and a
transcript of all testimony taken in a
disputed claim together with it's find
ings of fact and decision thereon.
Upon it's own motion the board may
also certify to the court questions Of
law involved in any of the boards de-
cisions.
Sec. 27. Appeal. The appeal from the
decision of the circuit court of Kan
awha county may be taken to the SUI
preme court of appeals. The cases
shall go from the circuit court of Kan
awha county only on writ of certiorari
and need be heard only at the session
of the supreme court.
Sec. %. Effect of Judicial Decision.
Upon the final determination of such
judicial proceeding the board shall en-
ter an order in accordance with the
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