West Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in West Virginia, with full citations and the original source on every page.
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In a West Virginia county that imposes an ambulance fee, does the sheriff have to be the one who bills and collects it, or can the county commission give the job to someone else?
The AG concluded that the sheriff is the default bill collector under W. Va. Code § 7-5-1 and cannot refuse the role, but the county commission can affirmatively designate a different employee, the am…
Does West Virginia law force a county commission to clean debris out of a creek or stream when a water utility or property owner asks them to?
The AG read W. Va. Code § 7-1-3u as a grant of authority, not a mandate. Counties were authorized to dredge, remove debris, and do other flood-control work in streams, but the statute did not require …
Can a West Virginia county design its own sick-leave policy for county employees, including a leave-donation program, even if state employee policy doesn't have the same features?
The AG concluded that under W. Va. Code § 7-5-21, county commissions have broad statutory authority to set their own sick-leave policies for county employees, including leave-donation programs, and ar…
Can a county commission fire members of a county hospital board of trustees in the middle of their term without holding a public hearing?
No. The AG read W. Va. Code § 7-3-15 to allow the county commission to remove a hospital trustee mid-term only 'for incompetency, neglect of duty or malfeasance in office after an opportunity to be he…
Can a West Virginia county commission pay more than the required employer share of PEIA retiree health insurance premiums, and can a future commission later cut those extra payments back?
Yes to both. The AG concluded that the Public Employees Insurance Act sets only a minimum employer contribution and lets counties voluntarily pay a larger share of retiree premiums. Because those extr…
Can a West Virginia county ambulance authority sue in magistrate court to collect unpaid emergency ambulance fees?
No, not for the special county-wide fees imposed under W. Va. Code § 7-15-17. The AG concluded that those fees are levied and collected by the county commission, not the ambulance authority. The autho…
Does a West Virginia county commission have to fund a sanitarian at the local health department, what minimum funding does it owe the health department, and can it skip publishing legal notices in one of two same-owner newspapers that are listed as opposite-politics papers?
The AG concluded: (1) state law requires a county commission to provide 'financial support' to a local health board it created, but does not require funding for any specific position like a sanitarian…
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Attorney general opinions in West Virginia are written by the West Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.