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WV Code § 6A-1-4 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-4. Additional Successors to Office of Governor

(a) In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his or her office, or is unavailable, then the President of the Senate shall act as Governor, and if the President of the Senate, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of the office of Governor, or is unavailable, then the Speaker of the House of Delegates shall act as Governor, and if the Speaker of the House of Delegates, for any of the reasons specified in the Constitution, is not able to exercise and discharge the duties of the office of Governor, or is unavailable, then the Attorney General, the State Auditor, and resident ex-Governors of this state, in inverse order of service, shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governor is elected and qualified, or until a preceding named officer becomes available.(b) The Legislature recognizes that pursuant to the provisions of subsection (a) of this section, the President of the Senate is charged with the responsibility of first successor to the Governor in the event the Governor is unable to exercise the powers and discharge the duties of his or her office and in that regard, the President of the Senate is functioning similarly to a lieutenant Governor. Therefore, the Legislature determines that the President of the Senate shall be additionally designated the title of "lieutenant Governor" in acknowledgment of the president's responsibility as first successor to the Governor.
WV Code § 6A-1-5 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-5. Emergency Interim Successors for State Officers

All state officers, subject to such regulations as the Governor may issue, shall, upon approval of this article, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three nor more than seven such deputies or emergency interim successors or any combination thereof at any time. In the event of an attack, and in the event that any state officer or his deputy, if any, is unavailable following such an attack, the said powers of his office shall be exercised and said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this article or other official authorized under the Constitution or this article to exercise the powers and discharge the duties of the office of Governor may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected, and qualified as provided by law; or an officer or his deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
WV Code § 6A-1-6 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-6. Enabling Authority for Emergency Interim Successors for Local Offices

With respect to local offices for which the governing bodies of cities, towns, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such governing bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of this article or any other statute of this state.
WV Code § 6A-1-7 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-7. Emergency Interim Successors for Local Officers

The provisions of this section shall be applicable to officers of political subdivisions, including, but not limited to, cities, towns, and counties, as well as fire, power and drainage and other types of districts not included in section six. Such officers, subject to such regulations as the governing body may issue, shall, upon approval of this article, designate by title, if feasible, or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to insure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or any combination thereof at any time. In the event of an attack, and in the event that any officer of any political subdivision or his deputy provided for pursuant to law is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes; or until the officer or his deputy or a preceding emergency interim successor again becomes available to exercise the powers and discharge the duties of his office.
WV Code § 6A-1-8 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-8. Special Emergency Judges

In the event of an attack and in the event that any judge of any court of record is unavailable to exercise the powers and discharge the duties of his office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the provisions of the Constitution or statutes is available to exercise the powers and discharge the duties of such office, the duties of the office shall be discharged and the powers exercised by the special emergency judges hereinafter provided for:(a) Each member of the state Supreme Court of Appeals shall designate special emergency judges in the number of not less than three nor more than seven to serve in the event that he becomes unavailable, and shall specify the order of their succession by order duly entered in the Supreme Court of Appeals.(b) The special emergency interim judges of all other courts of record shall be elected by the attorneys practicing within the jurisdiction of said courts.Such special emergency judges of the Supreme Court of Appeals shall, in the order specified, exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation. The designating authority shall review and revise, as necessary, designations made pursuant to this article to insure their current status.Said special emergency judges shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.
WV Code § 6A-1-9 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-9. Formalities of Taking Office

At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
WV Code § 6A-1-10 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-10. Period in Which Authority May Be Exercised

Officials authorized to act as Governor pursuant to this article, emergency interim successors and special emergency judges are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The Legislature, by concurrent resolution, may at any time terminate the authority of said emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as herein provided.
WV Code § 6A-1-11 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-11. Removal of Designees

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this article, including section ten hereof, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.
WV Code § 6A-1-12 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-12. Disputes

Any dispute concerning a question of fact arising under this article with respect to an office in the executive branch of the state government except a dispute of fact relative to the office of Governor shall be adjudicated by the Governor or other official authorized under the Constitution and this article to exercise the powers and discharge the duties of the office of Governor and his decision shall be final.
WV Code § 6A-1-13 (2021)
2021 West Virginia Code|Chapter 6A. Executive and Judicial Succession|Article 1. Executive and Judicial Succession|§6A-1-13. Separability

The various provisions of this article shall be construed as separable and severable, and should any of the provisions or parts thereof be construed or held unconstitutional or for any reason be invalid, the remaining provisions of this article shall not be thereby affected.
WV Code § 6B-1-1 (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability|§6B-1-1. Short Title

This chapter shall be known as the "West Virginia Governmental Ethics Act."
WV Code § 6B-1-4 (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability|§6B-1-4. Remedies and Penalties in Addition to Other Applicable Remedies and Penalties

The provisions of this chapter shall be in addition to any other applicable provisions of this code and except for the immunity provided by section three, article two of this chapter shall not be deemed to be in derogation of or as a substitution for any other provisions of this code, including, but not limited to, article five-a, chapter sixty-one of this code and except for the immunity provided by section three, article two of this chapter the remedies and penalties provided in this chapter shall be in addition to any other remedies or penalties which may be applicable to any circumstances relevant to both.
WV Code § 6B-1-5 (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability|§6B-1-5. Severability

The provisions of subsection (cc), section ten, article two, chapter two of this code shall apply to the provisions of this chapter to the same extent as if the same were set forth in extenso herein.
WV Code § 6B-1-6 (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability|§6B-1-6. Deposit of Funds

All moneys collected pursuant to this chapter except fines imposed pursuant to paragraph (D), subdivision (1), subsection (r), section four, article two of this chapter shall be deposited in the General Revenue Fund in the state Treasury pursuant to the provisions of section two, article two, chapter twelve of this code.
WV Code § 6B-2-2 (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges|§6B-2-2. Same – General Powers and Duties

(a) The commission shall propose rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this code, to carry out the purposes of this article.(b) The commission may initiate or receive complaints and make investigations, as provided in section four of this article, and upon complaint by an individual of an alleged violation of this chapter by a public official or public employee, refer the complaint to the Review Board as provided in section two-a of this article. Any person charged with a violation of this chapter is entitled to the administrative hearing process contained in section four of this article.(c) The commission may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the performance of the commission’s duties or exercise of its powers, including its duties and powers of investigation.(d) The commission shall, in addition to its other duties:(1) Prescribe forms for reports, statements, notices and other documents required by law;(2) Prepare and publish manuals and guides explaining the duties of individuals covered by this law; and giving instructions and public information materials to facilitate compliance with, and enforcement of, this act; and(3) Provide assistance to agencies, officials and employees in administering the provisions of this act.(e) The commission may:(1) Prepare reports and studies to advance the purpose of the law;(2) Contract for any services which cannot satisfactorily be performed by its employees;(3) Require the Attorney General to provide legal advice without charge to the commission;(4) Employ additional legal counsel;(5) Request appropriate agencies of state to provide any professional assistance the commission may require in the discharge of its duties: Provided, That the commission shall reimburse any agency other than the Attorney General the cost of providing assistance; and(6) Share otherwise confidential documents, materials or information with appropriate agencies of state government, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material or information.
WV Code § 6B-2-3 (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges|§6B-2-3. Advisory Opinions; Enforcement; Applicability; Legislative Review; Rule Making

(a) A person subject to the provisions of this chapter may make application in writing to the Ethics Commission for an advisory opinion on whether an action or proposed action violates the provisions of this chapter or the provisions of section fifteen, article ten, chapter sixty-one of this code and would thereby expose the person to sanctions by the commission or criminal prosecution. The commission shall respond within thirty days from the receipt of the request by issuing an advisory opinion on the matter raised in the request. All advisory opinions shall be published and indexed in the code of state rules by the Secretary of State: Provided, That before an advisory opinion is made public, any material which may identify the person who is the subject of the opinion shall, to the fullest extent possible, be deleted and the identity of the person shall not be revealed. A person subject to the provisions of this chapter may rely upon the published guidelines or an advisory opinion of the commission, and any person acting in good faith reliance on any such guideline or opinion shall be immune from the sanctions of this chapter and the sanctions of section fifteen, article ten, chapter sixty-one of this code, and shall have an absolute defense to any criminal prosecution for actions taken in good faith reliance upon any such opinion or guideline in regard to the sanctions of this chapter and the sanctions of section fifteen, article ten, chapter sixty-one of this code.(b) By the first day of the third month of the calendar year, the Ethics Commission shall annually furnish copies of all advisory opinions issued during the preceding calendar year to the archives and history section of the Division of Culture and History, the office of the Clerk of the West Virginia House of Delegates, the office of the Clerk of the West Virginia Senate and the West Virginia Supreme Court of Appeals Law Library. Accompanying the initial delivery of the previous calendar year's advisory opinions after the enactment of this subsection, the commission shall supply each of these offices with copies of all advisory opinions issued subsequent to the creation of the commission.
WV Code § 6B-2-3a (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges|§6B-2-3a. Complaints

(a) The commission may commence an investigation, pursuant to section four of this article, on the filing of a complaint duly verified by oath or affirmation, by any person.(b) The commission may order the executive director to prepare a complaint, upon a majority affirmative vote of its members, if it receives or discovers credible information which, if true, would merit an inquiry into whether a violation of this chapter has occurred.(c) (1) No complaint may be accepted or initiated by the commission against a public official or public employee during the sixty days before a primary or general election at which the public official or public employees is a candidate for elective office.(2) If a complaint is pending against a public official or public employee who is also a candidate for public office, then the commission shall stay the processing of the complaint for the sixty-day time period preceding the primary election or general election, or both, unless the candidate waives the stay in writing. If the commission receives a written waiver of the stay at least sixty days prior to the election, and if the Review Board has not yet ruled whether probable cause exists to believe there has been a violation of the Ethics Act, then the Review Board will process the complaint and make a probable cause determination at least thirty days prior to the election: Provided, That, the stay provisions of this subdivision do not apply to complaints which have already been adjudicated by the commission and are pending on appeal.(3) For purposes of this subsection, any provisions of this chapter setting time periods for initiating a complaint or for performing any other action are considered tolled until after the election at which the public official or public employee candidate stands for elective office.
WV Code § 6B-2-5a (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges|§6B-2-5a. Code of Conduct for State Administrative Law Judges

(a) As used in this section, "state administrative law judge" means any public employee, public officer or contractor functioning as a hearing officer, referee, trial examiner or other position in state government to whom the authority to conduct an administrative adjudication has been delegated by an agency or by statute and who exercises independent and impartial judgment in conducting hearings and in issuing recommended decisions or reports containing findings of fact and conclusions of law in accordance with applicable statutes or rules, but does not include any person whose conduct is subject to the code of judicial conduct promulgated by the West Virginia Supreme Court of Appeals.(b) In accordance with the provisions of chapter twenty-nine-a of this code, the commission, in consultation with the West Virginia State Bar, shall propose rules for legislative approval establishing a code of conduct for state administrative law judges, which shall incorporate the following major provisions:(1) A state administrative law judge shall uphold the integrity and independence of the administrative judiciary;(2) A state administrative law judge shall avoid impropriety and the appearance of impropriety in all activities;(3) A state administrative law judge shall perform the duties of the office impartially and diligently;(4) A state administrative law judge shall regulate the judge's extra-judicial activities to minimize the risk of conflict with judicial duties;(5) A state administrative law judge shall refrain from political activity inappropriate to the office; and(6) Appropriate civil penalties and sanctions for violations.In proposing the rules, the commission shall consider the model codes of judicial conduct for state administrative law judges as drafted by the National Association of Administrative Law Judges and the American Bar Association.(c) The legislative rules shall provide that an individual agency may develop a code of conduct for its own administrative law judges, which shall supersede the general code of conduct established under this section, if the commission determines that it is in substantial compliance with the objectives of the code proposed by the commission. Upon granting a waiver to an agency, the commission shall retain a copy of the agency's code to be made available to the public.(d) The commission shall propose the legislative rules by October 1, 2004, so that it may be considered by the Legislature at the 2005 regular session, and the commission may not promulgate an emergency rule on this matter in the interim.