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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If a West Virginia county commissioner dies and the county commission misses its 30-day deadline to appoint a replacement, can the local party committee nominate the late commissioner's spouse even if she only just recently registered with the party?
Yes. The 60-day party-membership requirement in § 3-10-7(a) applies only when the county commission itself fills a vacancy. Once that 30-day window passes and the local party executive committee takes…
When a coal operator wants a site-specific exemption for diesel-powered equipment in an underground mine, who decides, the WV Office of Miners' Health, Safety & Training or the State Coal Mine Safety Technical Review Committee?
The Office of Miners' Health, Safety and Training (OMHST) decides. The legislature gave the Technical Review Committee and Coal Board general site-specific rulemaking authority for mine safety, but a …
Can the West Virginia School Building Authority use FEMA flood-relief money to buy land for relocating damaged schools, even when its own regulations forbid spending Authority funds on site acquisition?
Yes, very likely. The AG concluded that the Legislature plainly authorized the Authority to administer 'all' federal funds for school construction, with 'construction project' defined to include 'the …
If a state employee on 'arrears pay' is appointed to fill a vacant elected office, like State Auditor, do they get switched to 'current pay'?
No. The AG read W. Va. Code § 6-7-1 to require arrears-pay status for everyone hired into state government after July 1, 2002, with one carve-out for 'elected officials.' That exemption does not cover…
When the president of a county planning commission successfully defends an ethics complaint, can or must the county commission reimburse her legal fees under W. Va. Code § 11-8-31a?
She is the kind of 'official' covered by the statute, and the county commission has discretion to reimburse, but reimbursement is not automatic. The county commission must apply the three-part Powers …
If a state senator was elected as a Republican but switched to the Democratic Party before resigning, which party gets to submit the list of replacement candidates to the Governor under W. Va. Code § 3-10-5?
The party the senator was affiliated with at the time of resignation, not at the time of election. The AG read W. Va. Code § 3-10-5(a) to use a present-participle phrase ('the person vacating the offi…
When does West Virginia mine-safety law require an underground coal operator to maintain track within 500 (now 1,500) feet of the working face: only when track-mounted personnel carriers are the sole transport method, or whenever any track-mounted carrier is used?
Only when transport is exclusively by rail. The AG read W. Va. Code § 22A-2-37(a) literally: 'exclusively' means 'only' or 'solely' (United Fuel Gas Co. v. Morley Oil & Gas (1926)). When a mine uses a…
When 10% of qualified voters petition the county commission to impose a fire service fee under W. Va. Code § 7-17-12, does the commission have to impose the fee, or can it still say no?
The commission can still say no. W. Va. Code § 7-17-12 grants the commission 'plenary power and authority' to set and collect a fire service fee but conditions any new fee on first receiving a 10% vot…
Can the West Virginia Health Information Network (a public-private health-data-exchange partnership) charge fees to participating organizations and spend the money it collects?
It can charge and collect fees, but it cannot spend the money it collects unless the Legislature appropriates it. W. Va. Code § 16-29G-3(C) gives WVHIN two distinct powers: (a) receive and dispense fu…
Can a West Virginia conservation district use its public funds to award scholarships, like a $500 scholarship to a supervisor's child or a school-tuition stipend tied to agricultural programs?
No. The AG concluded that nothing in the Conservation District Law gives a district the authority to award scholarships from public funds. Conservation districts have only the powers the Legislature e…
Can a West Virginia city give its fire marshals the power to make arrests, get warrants, and briefly detain suspects when they witness violations of the city fire code?
Yes. The AG concluded that W. Va. Code § 8-15-1 grants every municipality 'plenary' authority to provide for the prevention and extinguishment of fires, and that 'plenary' means complete and unqualifi…
Does West Virginia mine safety law require pre-shift examinations of an underground coal mine while the mine is idle and no miners are working underground?
No, with one exception. The AG agreed with the WV Office of Miners' Health, Safety & Training's long-standing position that W. Va. Code § 22A-2-1 et seq. requires a pre-shift examination only within t…
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…
When a county commission must appoint someone to fill a sheriff vacancy with someone from the same political party as the previous sheriff, does it matter how long the appointee has been a member of that party?
No. The AG concluded that W. Va. Code § 3-10-8 requires the appointee to be 'of the same political party as the officeholder vacating the office,' but the statute does not impose any minimum duration …
After Senator Robert C. Byrd's death in 2010, did the Governor of West Virginia have legal authority to call a special election to fill the rest of his Senate term, and on what timetable?
Yes. The AG concluded that W. Va. Code § 3-10-3, read in light of the Seventeenth Amendment's command that Senate vacancies be filled by election, authorized Governor Manchin to proclaim a special ele…
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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.