§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.
Notes of Decisions
Foster Found. v. Gainer, 717 S.E.2d 883 (W. Va. 2011).
· cites it 2× “2009) ("The jurisdiction of the court . . . shall extend to the following matters: 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…”
State ex rel. McLaughlin v. West Virginia Court of Claims, 549 S.E.2d 286 (W. Va. 2001).
· cites it 2× “as to what is and what is not a moral obligation? The enabling statute sets forth the general powers of the Court of Claims: “The court shall, in accordance with this article, consider claims which, but for the constitutional immunity of the State from suit, or for some…”
Dep't of Emp. Sec. v. Dep't of Corr., 14 Ct. Cl. 387 (W. Va. Ct. Cl. 1983).
“The Court is restricted by W.Va. Code §14-2-12 from awarding interest unless the claim arises on a contract specifically providing for the payment of interest.”
Pomeroy IT Solutions, Inc. v. Dep't of Health & Human Resources, 25 Ct. Cl. 14 (W. Va. Ct. Cl. 2003).
“The Court denies claimant’s request for interest based upon the provisions in W.Va. Code § 14-2-12 which states “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.”
Duffield v. Div. of Highways, 28 Ct. Cl. 202 (W. Va. Ct. Cl. 2011).
“Folio, wherein the Court was informed that this claim has been determined to be a moral obligation of the Respondent consistent with the provisions in W. Va. Code § 14-2-12 , and, The Court, having reviewed the file in this claim and having duly considered the matter, hereby…”
Dep't of Emp. Sec. v. Bd. of Regents, 15 Ct. Cl. 80 (W. Va. Ct. Cl. 1984).
“Following the precedent established in that decision, the Court makes an award to the claimant in the amount of the unemployment compensation tax, but denies an award, based on W.Va. Code §14-2-12, for the accumulated interest.”
Dep't of Emp. Sec. v. Dep't of Corr., 15 Ct. Cl. 82 (W. Va. Ct. Cl. 1984).
“Following the precedent established in that decision, the Court makes an award to the claimant in the amount of the unemployment compensation tax, but denies an award, based on W.Va. Code §14-2-12, for the accumulated interest.”
Dep't of Emp. Sec. v. Dep't of Health, 15 Ct. Cl. 83 (W. Va. Ct. Cl. 1984).
“Following the precedent established in that decision, the Court makes an award to the claimant in the amount of the unemployment compensation tax, but denies an award, based on W.Va. Code §14-2-12, for the accumulated interest.”
Dep't of Emp. Sec. v. Bd. of Regents, 15 Ct. Cl. 260 (W. Va. Ct. Cl. 1985).
“An award of interest cannot be made, based upon W. Va. Code §14-2-12 . An award is therefore made in the amount of $436.”
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