§24-5-1. Review of final orders of commission.
Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the Supreme Court of Appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary of the commission on or before the date the same is presented to the court or the judge, and it shall be the duty of the secretary promptly to file with the clerk of said court all papers, documents, evidence and other records constituting the complete record in the case, or certified copies thereof, as were before the commission at the time of the entry of the order from which the appeal is taken. The court or judge shall fix a time for the hearing on the application, but such hearing, unless by agreement of the parties, shall not be held sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right.
Notes of Decisions
Harper v. Pub. Serv. Com'n of West Virginia, 291 F. Supp. 2d 443 (S.D. W. Va. 2003).
· cites it 2× “West Virginia Code § 24-5-1 (2001) provides that [a]ny party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the supreme court of appeals, or to a judge thereof in vacation, within thirty days after the…”
West Virginia AAA Statewide Ass'n v. Pub. Serv. Comm'n, 412 S.E.2d 481 (W. Va. 1991).
· cites it 2× “*289 Individual wrecker operators who felt aggrieved by the PSC order at issue were entitled to seek judicial review pursuant to W.Va.Code § 24-5-1 (1986). The record indicates that no individual wrecker operators chose to avail themself of this method of appeal.”
Preston Cnty. Light & Power Co. v. Pub. Serv. Comm'n, 297 F. Supp. 759 (S.D. W. Va. 1969).
· cites it 2× “Nevertheless, plaintiffs complain that the remedy provided by way of review in the Supreme Court of Appeals is not an “efficient” one since there is no provision for a judicial determination as to both law and facts.”
Jefferson Utils., Inc. v. Pub. Serv. Comm'n, 712 S.E.2d 498 (W. Va. 2011).
· cites it 2× “W. Va.Code § 24-5-1 (1979) (Repl.Vol.2008), provides, in pertinent part: Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the Supreme Court of Appeals, or to a judge diereof in vacation, within…”
City of New Martinsville v. Pub. Serv. Comm'n, 729 S.E.2d 188 (W. Va. 2012).
· cites it 2× “Pursuant to W. Va.Code § 24-5-1 (1979) (Repl. Vol.2008), "Any party feeling aggrieved by the entry of a final order by the [C]ommission, affecting him or it, may present a petition in writing to the Supreme Court of Appeals, or to a judge thereof in vacation, within thirty days…”
David C. Tabb v. Jefferson Cnty. Comm'n, No. 15-0323 (W. Va. Nov. 6, 2015).
“We note at the outset that West Virginia Code § 24-5-1 appears to require a “hearing on the application” in appeals from decisions of the Public Service Commission.”
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