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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Can the West Virginia State Conservation Committee prorate the daily per diem rate for conservation district supervisors so they get paid by the hour rather than a flat $150?
No. 'Per diem' under W. Va. Code § 19-21A-7(c) means 'by the day' or 'for each day.' The statute uses the singular 'a per diem' twice and provides a daily rate range of $30 to $150 with no proration l…
Can the West Virginia Economic Development Authority issue Broadband Loan Insurance Program coverage to a borrower who already has the loan in place (and is using the new insurance to swap out cash collateral), and is the lender's 'but-for' creditworthiness certification valid in that scenario?
Yes, on both counts. Re-collateralizing a pre-existing loan, swapping cash collateral for BLINS-program loan insurance, fits within the broad statutory definition of an insurable 'debt instrument' und…
Do West Virginia municipal court technology and administrative fees, adopted by Home Rule cities, run afoul of the statutory rule that home-rule ordinances may not be 'contrary to' state criminal law?
No, on the facts presented. Reasonable court technology, court maintenance, and administrative fees in the $1 to $65 range that municipalities use to fund judicial-system operations are not 'contrary …
Does West Virginia's daily mine-inspection requirement apply to a coal mine that has stopped producing coal and where the operator is dismantling and removing surface equipment but has not yet surrendered the underground mine permit?
The AG concluded the best reading of W. Va. Code § 22A-2-53c(10)(e) is that the daily inspection-and-recording duty does not apply when the only ongoing activity is dismantling and moving surface equi…
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…
On a West Virginia fire chief appointment exam, do veterans get five extra points, and can the city add bonus points for years of service in the local fire department?
The AG concluded that under W. Va. Code § 6-13-1, the five-point veteran preference must be added to every passing exam score for an appointment-based vacancy, including current department members. Ex…
Does a West Virginia county sheriff have to appoint a deputy as humane officer, or can the sheriff hold that role personally?
The AG concluded that the plain text of W. Va. Code § 7-10-1 makes the appointment mandatory: a sheriff must designate a deputy (or, with county-commission agreement, the county dog warden) as humane …
Can a West Virginia deputy sheriff who works in one county run for sheriff in a different county where he lives?
The AG concluded that the plain text of W. Va. Code § 7-14-15(a)(4) only forbids deputy sheriffs from being a candidate or holding office 'in the county in which he or she is employed.' A Hardy County…
Can the West Virginia Division of Justice and Community Services do the day-to-day staff work, like data collection, reporting, and monitoring, for the Community Corrections Subcommittee?
Yes. The AG concluded that the Division of Justice and Community Services (DJCS) is not only authorized but obligated by statute to provide staff support to the Community Corrections Subcommittee. Sec…
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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.