reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-15. Sale of Real Estate Under Execution -- Property Unsold for Want of Bidders

When return is made on any execution issued under the provisions of this article, that personal property or real estate remains unsold for want of bidders, or to that effect, the provisions of section eighteen, article four, chapter thirty- eight of this code shall be applicable.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-17. Sale of Real Estate Under Execution -- Return of Execution Where Property Encumbered

In any case in which an officer having an execution issued under the provisions of this article shall decline levying it because of any previous conveyance, execution or encumbrance, a return shall be made setting forth the nature of such conveyance, execution or encumbrance, in whose favor and for what amount, and the office in which the conveyance or encumbrance is recorded, or from which the execution issued.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-18. Settlement or Dismissal of Claims

The commissioner of finance and administration, Auditor or other officer or official body having authority to collect the same may, with the advice of the Attorney General, adjust and settle upon just and equitable principles without regard to strict legal rules any account or claim, in favor of the state, which may at the time have been standing upon the books of his or its office more than five years; and, with the like advice, may dismiss any proceedings instituted by him or it.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-18a. Consignment of Claims to Debt Collector

Any account, claim or debt that an agency of this state is not able to collect within three months after trying with due diligence to do so may be referred to the commissioner of finance and administration for consignment by the commissioner to a responsible licensed and bonded debt collection agency or similar other responsible agent for collection. The commissioner shall not handle or consign any such account, claim or debt unless he is satisfied that the referring agency has made a diligent effort to collect the debt on its own; that the account or claim is justly, properly and clearly due the state; and that the collection of any such debt would not impose an undue, unjust, unfair or unreasonable hardship or burden upon the health or general welfare of the party owing the debt. In any such case of undue, unjust, unfair or unreasonable hardship or burden, the commissioner may, in his discretion, and with the review and approval of the Attorney General, compromise, settle or dismiss the debt or claim. If he is satisfied that the aforesaid terms of and conditions for collectibility have been met, the commissioner may consign the account, claim or debt to a responsible licensed and bonded debt collection agency or similar other responsible agent for collection. In any such case, the collection agency or other agent shall stand in the place of the state as creditor and shall have the same claims, rights and remedies against the debtor as the state has, and the debtor shall have the same rights, claims, defenses and setoffs against the collection agency or other agent as he has against the state.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-18b. Regulations Applicable to Debt Collectors

The commissioner of finance and administration shall promulgate rules and regulations for the determination and regulation of responsible licensed and bonded debt collection agencies and other responsible agents for collection. The commissioner shall determine the collection fees to be paid to any such agency or agent, which fees shall be a percentage of the amount of the debt recovered, but the commissioner shall not under any circumstances pay any agency or agent a fee of more than fifty percent of the amount of the debt recovered.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-18c. List of Eligible Debt Collectors; Statutory Limitations Applicable to Debt Collectors

The State Tax Commissioner shall establish and maintain a list of debt collection agencies bonded and licensed with the state. When choosing collection agencies under the provisions of sections eighteen-a and eighteen-b of this article, the commissioner of finance and administration shall select and use only those collection agencies on the State Tax Commissioner's list. In collecting debts under sections eighteen-a and eighteen-b of this article, each debt collection agency and agent shall strictly abide by the provisions of (a) sections one hundred twenty-two through one hundred twenty-nine, inclusive, of article two, chapter forty-six-a of this code; (b) sections one through five, inclusive, of article sixteen, chapter forty-seven of this code; and (c) the federal Fair Debt Collection Practices Act, being Public Law 95-109 of the United States Congress. If any debt collection agency or agent violates any provision of the aforesaid laws, the State Tax Commissioner shall remove the agency from his aforesaid list and the commissioner of finance and administration shall immediately stop his employment and use of the agency or agent.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-19. Appointment of Collection Agents by Auditor

The Auditor, subject to the approval of the commissioner of finance and administration, may appoint agents to superintend the collection of those debts to or claims of the state he is by law responsible for. The Auditor may authorize them to secure payments thereof by installments or otherwise and give further credit in consideration of additional security or indemnity satisfactory to him
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-20. Lands of State List by Clerk

The clerks of the county courts shall transmit to the Auditor a list of all lands in their respective counties obtained by the state, under the provisions of 14-1-16 of this code, and set forth in such list all the information which they can obtain in relation to the lands mentioned therein. For each tract of land or lot so mentioned by any clerk of the county court, he or she shall receive $1 from the Treasury.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-21. Lands of State Registration by Auditor

(a) The Auditor shall, in a book kept for the purpose, register all lands in the lists described in 14-1-20 of this code, describing when, how, and of whom, they were obtained, their situation, quantity and the title thereto, together with the price paid therefor by the state.
(b) The Auditor shall create an index system to reference lands purchased by the state, similar to those created and maintained by the counties of this state. The Auditor shall create a standard naming system to easily cross reference lands purchased by the state in the county indexes. The naming system, at a minimum, must include:
(1) The state agency purchasing the lands; and
(2) The county or counties where the land is located.
(c) The Auditor shall have rule-making authority relating to this index system under 29A-3-1
et seq.
of this code. Any deed for state lands purchased after December 31, 2020, shall be recorded pursuant to the provisions of this section.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-23. Lands of State -- Record of Sale

In the book kept under the provisions of section twenty-one of this article, the Auditor shall enter the time when any of the lands are disposed of, the price and terms of sale, the names of the agents and purchasers, and the amount paid into the treasury on account of the sale.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-24. Compensation of Auditor's Agents for Collection of Debts

For the service rendered to the Auditor by any agent under the pertinent sections of this article, the Auditor shall recommend such compensation as may seem to him reasonable, not exceeding in any case fifty percent of the money actually paid into the treasury. The Governor shall authorize the payment of what may be so recommended or so much thereof as in his judgment may be proper.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-25. Execution of Deeds in Certain Cases

Any agent selling land under the provisions of section twenty-two of this article shall, when directed, execute a deed, with the written direction of the Auditor thereto annexed conveying to the purchaser all the interest which the state may have in such land; and, where such sale is made by the Auditor in person, such deed shall be made by him
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-27. Debts Due State From Sheriffs or Other Officers -- Sale

The Auditor may, with the advice and consent of the Attorney General, whenever any claim or account of any kind, against a sheriff or other officer has been due for more than seven years, and the same is for any reason difficult or expensive to collect, certify a transcript of such claim or accounts to the sheriff of the county in which the officer, from whom the same is due, resided at the time his indebtedness to the state was incurred, and may authorize such sheriff to sell the same as hereinafter directed: Provided, That any claim or account, upon which judgment has been obtained and execution has been returned unsatisfied, may be sold after the expiration of five years from the time such claim or account was due, either in whole or in part as shown by the Auditor's book.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-28. Debts Due State From Sheriffs or Other Officers -- Notice of Sale

The sheriff, after having received a transcript of the account which is to be sold, shall give notice by publication as a Class III-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county. Such notice shall be so published within the twenty-one consecutive days next preceding the date of sale. The notice shall state that he will proceed to sell to the highest bidder the claims or accounts mentioned in such notice. Such notice shall show the name of the sheriff or other officer and his sureties, in case there is evidence of his having executed a bond, the year or years for which he was indebted to the state, upon what account such indebtedness exists, and the amount shown to be due thereon by the Auditor's books, exclusive of interest, as well as the amount appearing to be due, with interest calculated to the day of sale.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-29. Debts Due State From Sheriffs or Other Officers -- Mode and Terms of Sale

The sheriff to whom such claim or account is certified under the provisions of this article shall on the first day of the term of the circuit court of his county succeeding the publication of such notice, make sale of such claim or account to the highest bidder, and, in case the amount bid therefor be less than $100, he shall require the payment thereof in cash; and if the amount bid therefor be more than $100, he shall require one third thereof to be paid in cash, and shall receive the notes of the purchaser for the residue in two equal installments, payable respectively in six and twelve months, with legal interest thereon until paid. Such notes shall have the names of at least two persons signed thereto as sureties, whom the prosecuting attorney of the county, by indorsement on the back of such notes, shall certify are in his opinion responsible and solvent.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-30. Debts Due State From Sheriffs or Other Officers -- Return of Sale; Exceptions to Sale; Resale

Within ten days after making such sale, the sheriff shall return and file in the clerk's office of the circuit court of his county a report showing the name of the officer against whom the claim is, the date of sale, the date and character of the claim sold, the name of the purchaser, the amount for which sold, including cash and notes, and, in cases where notes are taken, the names of the securities thereon. Immediately after such report is filed in the clerk's office as aforesaid, the clerk shall post a notice of that fact at the front door of the courthouse and shall state therein that exceptions may be filed to such report with the clerk of the circuit court. If, before the first day of the term of the circuit court beginning after the filing of such report, any person shall file exceptions thereto and such exceptions shall be accompanied by a bond with two or more good securities, conditioned that if a resale be ordered the person who files such exceptions will at the second sale give for the claim or account a sum ten per cent greater than the amount for which it first sold and will pay all the cost of advertising and making resale, then the court may in its discretion set such sale aside and order the sheriff to make another sale, upon such terms as the court may deem proper.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-31. Debts Due State From Sheriffs or Other Officers -- Confirmation of Sale; Certification to Auditor

In cases where no exceptions are filed to the report, the court shall confirm the sale, and within twenty days after such confirmation the clerk of the court shall certify to the Auditor a copy of such report and the order of confirmation.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-32. Debts Due State From Sheriffs or Other Officers -- Sending Purchase Money and Notes for Debts to Auditor; Collection of Notes

Within thirty days after the confirmation of said report, the sheriff shall transmit to the Auditor a certificate of deposit for the amount received by him in cash, and also any notes which may have been executed for the balance of purchase money, and in case of the failure of persons who execute such notes to pay the same when due, it shall be the duty of the Auditor to proceed to enforce the collection thereof, in the same manner that other claims due the state are recovered.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-33. Debts Due State From Sheriffs or Other Officers -- Rights of Purchaser of Such Debts

The purchaser of any accounts or claims so sold under the provisions of this article shall have the same right to recover that the state now has, and shall be substituted to all the rights of the state concerning the same. But in case there be any error in any account or claim sold under this article, or it shall appear that the officer, against whom the claim is, is entitled to credits which do not appear upon the account or claim, the purchaser shall not be allowed any claim against the state by reason thereof.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-34. Commissions to Sheriff; Payment of Publication Costs

The sheriff, for performing the duties required of him by this article, shall be allowed five per cent on the first $100 and two per cent on the residue, which commission shall be deducted from the purchase money and the balance credited on the debt due the state. The costs of publishing notice in a newspaper shall be paid out of the proceeds of such sale.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-35. Transfer by Defaulting Officer or Surety

In any proceeding had under the provisions of this article against sheriffs or collectors and their sureties, or any, or either of them, for money due the state, any transfer, assignment or alienation of property, real or personal, or any judgment or decree obtained against or suffered by such sheriff or collector and their sureties or either of them after service upon them, respectively, of summons or notice shall be deemed fraudulent or void as to any judgment that may be thereafter rendered in favor of the state in pursuance of such summons or notice. But this section shall not apply to a bona fide purchaser of any such property, without notice.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 1. Claims Due the State › §14-1-36. Settlement With Sureties

Whenever it shall appear to the satisfaction of the Auditor that the sureties of a defaulting assessor or sheriff will be compelled to pay the indebtedness of such defaulting officer, he may, with the advice and consent of the Attorney General, settle with such sureties by receiving the amount of the principal with interest thereon at the rate of six per cent per annum: Provided, That the sureties will pay the amount into the treasury before suit is brought.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 2. Claims Against the State › §14-2-19. Claims Under Existing Appropriations

A claim arising under an appropriation made by the Legislature during the fiscal year to which the appropriation applies, and falling within the jurisdiction of the commission, may be submitted by:
1. A claimant whose claim has been rejected by the state agency concerned or by the State Auditor.
2. The head of the state agency concerned in order to obtain a determination of the matters in issue.
3. The State Auditor in order to obtain a full hearing and consideration of the merits.
When such submittal is made, the clerk shall give a copy of the submittal to the Joint Committee on Government and Finance. If the Joint Committee on Government and Finance shall so direct, the clerk shall place such claim on its docket. Upon its placement on the docket, the regular procedure, so far as applicable, shall govern the consideration of the claim by the commission. If the commission finds that the claimant should be paid, it shall certify the approved claim and award to the head of the appropriate state agency, the State Auditor and to the Governor. The Governor may thereupon instruct the Auditor to issue his or her warrant in payment of the award and to charge the amount thereof to the proper appropriation. The Auditor shall forthwith notify the state agency that the claim has been paid. Such an expenditure shall not be subject to further review by the Auditor upon any matter determined and certified by the commission.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 2. Claims Against the State › §14-2-20. Claims Under Special Appropriations

Whenever the Legislature makes an appropriation for the payment of claims against the state, then accrued or arising during the ensuing fiscal year, the determination of claims and the payment thereof may be made in accordance with this section. However, this section shall apply only if the Legislature in making its appropriation specifically so provides and only after specific direction to hear the claim is given by the Joint Committee on Government and Finance.
The claim shall be considered and determined by the regular or shortened procedure, as the case may be, and the amount of the award shall be fixed by the commission. The clerk shall certify each approved claim and award, and requisition relating thereto, to the Auditor. The Auditor thereupon shall issue his or her warrant to the Treasurer in favor of the claimant. The Auditor shall issue his or her warrant without further examination or review of the claim except for the question of a sufficient unexpended balance in the appropriation.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 2. Claims Against the State › §14-2-21. Periods of Limitation Made Applicable

The commission shall not take jurisdiction of any claim, whether accruing before or after the effective date of this article (July 1, 1967), unless notice of such claim be filed with the clerk within such period of limitation as would be applicable under the pertinent provisions of the Code of West Virginia, 1931, as amended, if the claim were against a private person, firm or corporation and the Constitutional immunity of the state from suit were not involved and such period of limitation may not be waived or extended. The foregoing provision shall not be held to limit or restrict the right of any person, firm or corporation who or which had a claim against the state or any state agency, pending before the Attorney General on the effective date of this article (July 1, 1967), from presenting such claim to the West Virginia Legislative Claims Commission, nor shall it limit or restrict the right to file such a claim which was, on the effective date of this article (July 1, 1967), pending in any court of record as a legal claim and which, after such date was or may be adjudicated in such court to be invalid as a claim against the state because of the Constitutional immunity of the state from suit.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 2. Claims Against the State › §14-2-22. Compulsory Process

In all hearings and proceedings before the commission, the evidence and testimony of witnesses and the production of documentary evidence may be required. Subpoenas may be issued by the commission for appearance at any designated place of hearing. In case of disobedience to a subpoena or other process, the commission may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses, and the production of books, papers and documents. Upon proper showing, the circuit court shall issue an order requiring witnesses to appear before the West Virginia Legislative Claims Commission; produce books, papers and other evidence; and give testimony touching the matter in question. A person failing to obey the order may be punished by the circuit court as for contempt.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 2. Claims Against the State › §14-2-23. Inclusion of Awards in Budget

The clerk shall certify to the department of finance and administration, on or before November 20, of each year, a list of all awards recommended by the commission to the Legislature for appropriation. The clerk may certify supplementary lists to the Governor to include subsequent awards made by the commission. The Governor shall include all awards so certified in his or her proposed budget bill transmitted to the Legislature. Any other provision of this article or of law to the contrary notwithstanding, the clerk shall not certify any award which has been previously certified.
2023 West Virginia Code › Chapter 14. Claims Due and Against the State › Article 2. Claims Against the State › §14-2-24. Records to Be Preserved

The record of each claim considered by the commission, including all documents, papers, briefs, transcripts of testimony and other materials, shall be preserved by the clerk for a period of ten years from the date of entry of the commission’s last order and shall be made available to the Legislature or any committee thereof for the reexamination of the claim. When any such documents, papers, briefs, transcripts and other materials have been so preserved by the clerk for such ten-year period, the same shall be transferred to the state records administrator for preservation or disposition in accordance with the provisions of article eight, chapter five-a of this code without cost, either to the commission or the Legislature.