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WV Code § 14-1A-2 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1A. Debt Resolution Services|§14-1A-2. Definitions

For purposes of this article, the term: “Auditor” means the State Auditor;“Debt” means the obligations, other than income tax obligations or local government obligations, owed to the state which a spending unit has not been able to collect within a minimum of one hundred eighty days of the date on which the obligation was created;“Division” means the Debt Resolution Services Division, created by this article;“Offset” means the capture and diversion of a payment due to a vendor, contractor or taxpayer from the state to satisfy an outstanding obligation owed by them to the state; and“United States Treasury Offset Program” means the reciprocal debt collection offset program between the federal government and the State of West Virginia authorized by section thirty-seven, article one of this chapter.
WV Code § 14-1A-3 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 1A. Debt Resolution Services|§14-1A-3. Division Established

(a) The Auditor may establish a “Debt Resolution Services Division” to be administered by the employees of his or her office, which may identify and offset state payments due to vendors, contractors, or taxpayers that owe delinquent debts to the state.(b) The division may also administer the United States Treasury Offset Program established pursuant to section thirty-seven, article one, of this chapter, except for the portion of the program set forth in subdivision (2), subsection (j), section eleven, article ten, chapter eleven of this code, that is administered by the State Tax Commissioner: Provided, That an offset exercised against a vendor, contractor, or taxpayer pursuant to the United States Treasury Offset Program shall be made subsequent to any offset authorized pursuant to subsection (a) of this section.(c) The division shall adopt such procedures, forms, and agreements as the Auditor considers necessary to effectuate the purposes of this article. All spending units of the state, except for the State Tax Commissioner and any other entity otherwise exempted by law, may refer delinquent debt to the division for consideration for offset and shall certify to the Auditor that all applicable due process requirements have been met. All spending units, upon request by the Auditor, shall provide the division with information related to debts owed to the state, unless such disclosure is prohibited by law. The Auditor is not required to accept the transfer of any debt from any spending unit which the Auditor finds is not qualified for offset.(d) The Auditor shall deposit any moneys offset pursuant to this article to the account or fund of the spending unit to which the debt, if otherwise paid, would be deposited.
WV Code § 14-2-1 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-1. Purpose

The purpose of this article is to provide a simple and impartial method for the consideration of claims against the state that because of the provisions of section thirty-five, article VI of the Constitution of the State, and of statutory restrictions, inhibitions or limitations, cannot be determined in the regular courts of the state; and to provide for proceedings in which the state has a special interest.
WV Code § 14-2-2 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-2. Venue for Certain Suits and Actions

(a) Any suit, action, or proceeding in which the state, the Governor, any other state officer, or a state agency is made a party defendant, or any suit attempting to enjoin or otherwise suspend or affect a judgment or decree on behalf of the state obtained in any circuit court, may be brought and prosecuted in the circuit court of any county wherein the plaintiff or petitioner who is appearing in the action or proceeding resides, or where the cause of action arose; or, alternatively, in the circuit court of Kanawha County.(b) Any proceeding for injunctive or mandamus relief involving the taking, title, or collection for or prevention of damage to real property may be brought and presented in the circuit court of the county in which the real property affected is situate.(c) This section shall apply only to such proceedings as are not prohibited by the Constitutional immunity of the state from suit under section thirty-five, article six of the Constitution of the State.
WV Code § 14-2-2a (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-2a. Venue for Suits and Actions Involving State Institutions of Higher Education

(a) Notwithstanding the provisions of §14-2-2 of this code, any civil action in which the governing board of any state institution of higher education, any state institution of higher education, or any department or office of any of those entities, or any officer, employee, agent, intern or resident of any of those entities, acting within the scope of his or her employment, is made a party defendant, shall be brought in the circuit court of any county wherein the cause of action arose, unless otherwise agreed by the parties.(b) The exclusive venue provisions of this section are not applicable to:(1) An action involving an entity or person named in subsection (a) of this section as garnishee or suggestee; and(2) A proceeding for injunctive or mandamus relief involving the taking, title, or collection for or prevention of damage to real property, and where general laws or court rules provide that proper venue is in the county in which the real property affected is situate.(c) This section applies only to proceedings not prohibited by the constitutional immunity of the state from suit under section thirty-five, article VI of the Constitution of the State.
WV Code § 14-2-3 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-3. Definitions

For the purpose of this article: “Commission” means the West Virginia Legislative Claims Commission established by section four of this article.“Claim” means a claim authorized to be heard by the commission in accordance with this article.“Approved claim” means a claim found by the commission to be one that should be paid under the provisions of this article.“Award” means the amount recommended by the commission to be paid in satisfaction of an approved claim.“Clerk” means the clerk of the West Virginia Legislative Claims Commission.“State agency” means a state department, board, commission, institution, or other administrative agency of state government: Provided, That a “state agency” shall not be considered to include county commissions, county boards of education, municipalities, or any other political or local subdivision of the state regardless of any state aid that might be provided.
WV Code § 14-2-4 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-4. Court of Claims to Be Continued and Renamed the West Virginia Legislative Claims Commission; Appointment and Terms of Commissioners; Vacancies

The “Court of Claims” is hereby renamed the West Virginia Legislative Claims Commission. It shall consist of three commissioners, to be appointed by the President of the Senate and the Speaker of the House of Delegates, one of whom shall be appointed presiding commissioner. The judges of the Court of Claims sitting on the effective date of the amendments to this article enacted during the 2017 Regular Session of the Legislature will continue their existing terms as commissioners. Each appointment to the commission shall be made from a list of three qualified nominees furnished by the Board of Governors of the West Virginia State Bar. The President of the Senate and the Speaker of the House of Delegates may jointly terminate the appointment of any commissioner appointed under this section at any time.The terms of the commissioners shall be six years. Not more than two of the commissioners shall be of the same political party. An appointment to fill a vacancy shall be for the unexpired term.
WV Code § 14-2-4a (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-4a. Interim Commissioners

(a) If at any time two or more of the commissioners appointed under section four of this article are temporarily unable, due to illness or other incapacity, to perform their responsibilities the President of the Senate and the Speaker of the House of Delegates may appoint one or two interim commissioners to serve under the conditions specified in this section.(b) Appointments made under this section are temporary. An interim commissioner serves under this section until the commissioner for whom the interim commissioner is temporarily replacing can resume his or her duties. In no event may the interim commissioner serve for more than three months unless reappointed.(c) Appointments made under this section shall be made from a list furnished to the President of the Senate and the Speaker of the House of Delegates by the Board of Governors of the West Virginia State Bar. The Board of Governors of the West Virginia State Bar shall annually, on or before January 15, submit a list of twenty qualified nominees. (d) An interim commissioner:(1) Is entitled to the same compensation and expense reimbursement a commissioner is entitled to under the provisions of section eight of this article;(2) Shall take the oath of office as required in section nine of this article;(3) Has all the authority given to a commissioner under this article; and(4) Is required to possess the qualifications required of a commissioner in section ten of this article.(e) The President of the Senate and the Speaker of the House of Delegates may jointly terminate the appointment of any interim commissioner appointed under this section at any time.
WV Code § 14-2-5 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-5. Commission Clerk and Other Personnel

The President of the Senate and the Speaker of the House of Delegates may appoint a clerk, chief deputy clerk and deputy clerks. The salaries of the clerk, the chief deputy clerk and the deputy clerks shall be fixed by the Joint Committee on Government and Finance, and shall be paid out of the regular appropriation for the commission. The clerk shall have custody of and maintain all records and proceedings of the commission, shall attend meetings and hearings of the commission, shall administer oaths and affirmations and shall issue all official summonses, subpoenas, orders, statements and awards. The chief deputy clerk or another deputy clerk shall act in the place and stead of the clerk in the clerk’s absence.The President of the Senate and the Speaker of the House of Delegates may employ other persons whose services are necessary to the orderly transaction of the business of the commission and fix their compensation.
WV Code § 14-2-7 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-7. Meeting Place of the Commission

The regular meeting place of the commission shall be at the State Capitol, and the Joint Committee on Government and Finance shall provide adequate quarters therefor. In order to facilitate the full hearing of claims arising elsewhere in the state, the commission may convene at any county seat or other location in the state, including a correctional institution: Provided, That the commission will make reasonable efforts to meet in appropriate public or private buildings in keeping with the dignity and decorum of the State.
WV Code § 14-2-8 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-8. Compensation of Commissioners; Expenses

Each commissioner shall receive $210 for each day actually served and expenses incurred in the performance of his or her duties paid at the same per diem rate as members of the Legislature: Provided, That the presiding commissioner shall receive an additional $50 for each day actually served. In addition to the expense per diem, each commissioner may, when using his or her own vehicle, be reimbursed for mileage. The number of days served by each commissioner shall not exceed one hundred twenty in any fiscal year, except by authority of the President of the Senate and the Speaker of the House of Delegates: Provided, That in computing the number of days served, days utilized solely for the exercise of duties assigned to commissioners by this article and the provisions of article two-a of this chapter shall be disregarded. For the purpose of this section, time served shall include time spent in the hearing of claims, in the consideration of the record, in the preparation of opinions and in necessary travel.
WV Code § 14-2-9 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-9. Oath of Office

Each commissioner shall before entering upon the duties of his or her office, take and subscribe to the oath prescribed by section 5, article IV of the Constitution of the State. The oath shall be filed with the clerk.
WV Code § 14-2-10 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-10. Qualifications of Commissioners

Each commissioner appointed to the West Virginia Legislative Claims Commission shall be an attorney at law, licensed to practice in this state, and shall have been so licensed to practice law for a period of not less than ten years prior to his or her appointment as commissioner. A commissioner shall not be an officer or an employee of any branch of state government, except in his or her capacity as a member of the commission and shall receive no other compensation from the state or any of its political subdivisions. A commissioner shall not hear or participate in the consideration of any claim in which he or she is interested personally, either directly or indirectly.
WV Code § 14-2-11 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-11. Attorney General to Represent State

Unless expressly exempted in the code, the Attorney General shall represent the interests of the State in all claims coming before the commission.
WV Code § 14-2-12 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-12. General Powers of the Commission

The commission shall, in accordance with this article, consider claims which, but for the Constitutional immunity of the state from suit, or for some statutory restrictions, inhibitions or limitations, could be maintained in the regular courts of the state. No liability shall be imposed upon the state or any state agency by a determination of the commission approving a claim and recommending an award, unless the claim is: (1) Made under an existing appropriation, in accordance with section nineteen of this article; or (2) a claim under a special appropriation, as provided in section twenty of this article. The commission shall consider claims in accordance with the provisions of this article.Except as is otherwise provided in this article, a claim shall be instituted by the filing of notice with the clerk. In accordance with rules promulgated by the commission, each claim shall be considered by the commission as a whole, or by a commissioner sitting individually, and if, after consideration, the commission finds that a claim is just and proper, it shall so determine and shall file with the clerk a brief statement of its reasons. A claim so filed shall be an approved claim. The commission shall also determine the amount that should be paid to the claimant, and shall itemize this amount as an award, with the reasons therefor, in its statement filed with the clerk. In determining the amount of a claim, interest shall not be allowed unless the claim is based upon a contract which specifically provides for the payment of interest.
WV Code § 14-2-13 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-13. Jurisdiction of the Commission

The jurisdiction of the commission, except for the claims excluded by section fourteen, shall extend to the following matters:(1) Claims and demands, liquidated and unliquidated, ex contractu and ex delicto, against the state or any of its agencies, which the state as a sovereign commonwealth should in equity and good conscience discharge and pay; and(2) Claims and demands, liquidated and unliquidated, ex contractu and ex delicto, which may be asserted in the nature of set-off or counterclaim on the part of the state or any state agency.
WV Code § 14-2-14 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-14. Claims Excluded

The jurisdiction of the commission shall not extend to any claim:1. For loss, damage, or destruction of property or for injury or death incurred by a member of the militia or National Guard when in the service of the state.2. For a disability or death benefit under chapter twenty-three of this code.3. For unemployment compensation under chapter twenty-one-a of this code.4. For relief or public assistance under chapter nine of this code.5. With respect to which a proceeding may be maintained against the state, by or on behalf of the claimant in the courts of the state.
WV Code § 14-2-15 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-15. Rules of Practice and Procedure

The commission shall adopt and may from time to time amend rules of procedure, in accordance with the provisions of this article, governing proceedings before the commission. Rules shall be designed to assure a simple, expeditious and inexpensive consideration of claims. Rules shall permit a claimant to appear in his or her own behalf or be represented by counsel.Discovery may be used in a case pending before the commission in the same manner that discovery is conducted pursuant to the Rules of Civil Procedure for trial courts of record, Rules 26 through 36. The commission may compel discovery and impose sanctions for a failure to make discovery, in the same manner as a court is authorized to do under the provisions of Rule 37 of the Rules of Civil Procedure for trial courts of record: Provided, That the commission shall not find a person in contempt for failure to comply with an order compelling discovery.The commission, upon its own motion or upon motion of a party, may strike a pleading, motion or other paper which: (1) Is not well-grounded in fact; (2) is not warranted by existing law, or is not based on a good faith argument for the extension, modification, or reversal of existing law; or (3) is interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in costs. An order striking a pleading, motion, or paper may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.Under its rules, the commission shall not be bound by the usual common law or statutory rules of evidence. The commission may accept and weigh, in accordance with its evidential value, any information that will assist the commission in determining the factual basis of a claim.
WV Code § 14-2-16 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-16. Regular Procedure

The regular procedure for the consideration of claims shall be substantially as follows:(1) The claimant shall give notice to the clerk that he or she desires to maintain a claim. Notice shall be in writing and shall be in sufficient detail to identify the claimant, the circumstances giving rise to the claim, and the state agency concerned, if any. The claimant shall not otherwise be held to any formal requirement of notice.(2) The clerk shall transmit a copy of the notice to the state agency concerned. The state agency may deny the claim, or may request a postponement of proceedings to permit negotiations with the claimant. If the commission finds that a claim is prima facie within its jurisdiction, it shall order the claim to be placed upon its regular docket for hearing.(3) During the period of negotiations and pending hearing, the state agency, represented by the Attorney General, shall, if possible, reach an agreement with the claimant regarding the facts upon which the claim is based so as to avoid the necessity for the introduction of evidence at the hearing. If the parties are unable to agree upon the facts an attempt shall be made to stipulate the questions of fact in issue.(4) The commission shall so conduct the hearing as to disclose all material facts and issues of liability and may examine or cross-examine witnesses. The commission may call witnesses or require evidence not produced by the parties; the commission may call expert witnesses and compensate those experts for their services in an amount not to exceed $3,500 per expert; the commission may stipulate the questions to be argued by the parties; and the commission may continue the hearing until some subsequent time to permit a more complete presentation of the claim.(5) After the close of the hearing the commission shall consider the claim and shall conclude its determination, if possible, within sixty days.
WV Code § 14-2-17 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-17. Shortened Procedure

The shortened procedure authorized by this section shall apply only to a claim possessing all of the following characteristics:1. The claim does not arise under an appropriation for the current fiscal year.2. The state agency concerned concurs in the claim.3. The amount claimed does not exceed $3,000.4. The claim has been approved by the Attorney General as one that, in view of the purposes of this article, should be paid.The state agency concerned shall prepare the record of the claim consisting of all papers, stipulations and evidential documents required by the rules of the commission and file the same with the clerk. The commission shall consider the claim informally upon the record submitted. If the commission determines that the claim should be entered as an approved claim and an award made, it shall so order and shall file its statement with the clerk. If the commission finds that the record is inadequate, or that the claim should not be paid, it shall reject the claim. The rejection of a claim under this section shall not bar its resubmission under the regular procedure.
WV Code § 14-2-17a (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2. Claims Against the State|§14-2-17a. Shortened Procedure for Road Condition Claims

Notwithstanding the regular and shortened procedures provided for in §14-2-16 and §14-2-17 of this code, there shall be a shortened procedure for road condition claims. The shortened procedure authorized by this section shall apply only to a claim possessing all of the following characteristics:(1) The claim does not arise under an appropriation for the current fiscal year.(2) The claim alleges that a condition on the state’s highways or roads caused property damage.(3) The Division of Highways concurs in the claim.(4) The amount claimed does not exceed $3,000.The Division of Highways shall prepare a stipulation concerning the claim and file it with the clerk. The commission shall order the claim approved and shall file its statement with the clerk.