§21A-7-1. Claims
Claims for benefit shall be made in accordance with the rules and regulations prescribed by the commissioner.
§21A-7-10. Review by Board
The board may, on its own motion, after notice to the claimant, last employer, and the commissioner, eight days in advance of the date set for hearing, affirm, modify, or reverse and set aside a decision of an appeal tribunal. Any appeal from a decision of an appeal tribunal allowing benefits in a case relating […]
§21A-7-11. Benefits Pending Appeal
(a) Benefits found payable by decision of a deputy, appeal tribunal, the board or court shall be immediately paid up to the week in which a subsequent appellate body renders a decision, by order, finding that benefits were not or are not payable. (b) If, at any appeal stage, benefits are found to be payable […]
§21A-7-12. Quorum
All hearings before the board shall be before at least a quorum of its members.
§21A-7-13. Board to Establish Regulations for Procedure
The board shall establish, and may from time to time modify and amend, rules and regulations for: (1) The conduct and determination of benefit cases appealed to it, or to an appeal tribunal;
§21A-7-14. Records
The board shall keep full and complete records of all proceedings concerning a disputed claim. All testimony upon a disputed claim shall be recorded but need not be transcribed unless the claim is appealed.
§21A-7-15. Notice of Decision
The board shall, within fifteen days after the conclusion of the hearing, notify the claimant, last employer, and the commissioner of its findings and decision on an appeal.
§21A-7-16. Interested Parties Not to Decide Disputed Claims
A person interested in the determination of any disputed claim arising under this chapter shall not participate on behalf of the commissioner or the board in the determination thereof.
§21A-7-17. Finality of Board's Decision — Judicial Review
The decision of the board shall be final and benefits shall be paid or denied in accordance therewith, unless a claimant, last employer, or other interested party appeals to the circuit court of Kanawha county within thirty days after mailing of notification of the board's decision: Provided, That, in cases relating to a disqualification under […]
§21A-7-18. Claim Procedure Costs
Witness fees of subpoenaed witnesses shall be charged to the administration fund.
§21A-7-19. Administrative Procedure to Be Exhausted
A person claiming an interest under the provisions of this article shall exhaust his remedies before the board before seeking judicial review.
§21A-7-2. Display of Regulations
An employer shall post and maintain in places readily accessible to individuals in his service the claim procedure regulations prescribed by the commissioner. At the time any such individual becomes unemployed, an employer shall furnish such individual with a copy of the regulations. The commissioner shall provide an employer copies of the regulations without cost.
§21A-7-20. Board a Necessary Party to Judicial Action; Legal Counsel
The board shall be made a party to every judicial action which involves its decisions. The board may be represented in such actions by an attorney of the department or at the board's request, by the Attorney General.
§21A-7-21. Weight Accorded Board's Findings of Fact
In a judicial proceeding to review a decision of the board, the findings of fact of the board shall have like weight to that accorded to the findings of fact of a trial chancellor or judge in equity procedure.
§21A-7-23. Trial; Preference on Calendar
Except as limited by section twenty-one of this article, a decision of the board taken to the circuit court of Kanawha county for judicial review shall be tried as any other civil action: Provided, That such actions shall have preference on the calendar of the court over all other civil actions, except cases arising under […]
§21A-7-24. Exceptions; Appeal Bond
In any judicial proceeding arising under this chapter it shall not be necessary to enter exception to the rulings of the board and no bond shall be required for entering an appeal.
§21A-7-25. Service of Process
Service in such action shall be upon the chairman of the board or such person as he may designate, and service upon him shall be treated as completed service upon all parties to the original dispute. With such service upon the board there shall be included a copy of the petition for review and as […]
§21A-7-26. Certification and Filing of Record; Certification of Questions of Law
The board shall certify and file with the court all documents and papers and a transcript of all testimony taken in a disputed claim together with its findings of fact and decision thereon. Upon its own motion the board may also certify to the court questions of law involved in any of the board's decisions.
§21A-7-27. Appeal to Supreme Court of Appeals
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
§21A-7-28. Effect of Judicial Decision
Upon the final determination of such judicial proceeding the board shall enter an order in accordance with the court's determination.