West Virginia Code § 11-10-9a

Small claims procedure; disputes involving $10,000 or less
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(a) In general. -- Notwithstanding the provisions of section nine of this article, if the amount
in dispute in any petition for reassessment filed under section eight or in any petition for
refund or credit filed under section fourteen does not exceed $10,000 for any one taxable
year, then, at the option of the taxpayer and concurred in by the Tax Commissioner before
the hearing of the case, proceedings in the case shall be conducted under theis section. The
proceedings shall be conducted in an informal manner and in accordance with the rules of
evidence and rules of procedure as the Tax Commissioner may prescribre. A decision,
together with a brief summary of the reasons therefor shall be issued by the Tax
Commissioner.
(1) All small claims petitions which are on the Tax Commissitoner's docket on December 31,
2002, for which no administrative hearing has been held, shall be transferred by the Tax
Commissioner to the office of tax appeals no later than January 31, 2003; and thereafter, the
petition shall, for all purposes except timeliness of filing, be treated as if it had been filed
with the office of tax appeals.
(2) All small claims petitions which are on the Tax Commissioner's docket on December 31,
2002, for which an administrative hearing has been held prior to that date, shall remain on
the Tax Commissioner's docket and gthe Tax Commissioner shall issue an administrative
decision no later than March 31, 2003.
(b) Finality of decision. -- A decision entered in any case in which proceedings are conducted
under this section is not subject to review, administrative or judicial, and may not be treated
as precedent for any other case.
(c) Discontinuance of proceedings. -- At any time before commencement of the hearing held
under this section, the taxpayer may unilaterally withdraw its election made under
subsection (a); and at any time before a decision is issued under this section, the taxpayer
mayW request or the Tax Commissioner, on his or her own motion, may order that further
proceedings under this section be discontinued because there are reasonable grounds for
believing that the amount in dispute exceeds the amount described in subsection (a) of this
section. Upon any discontinuance, or change of election, a hearing shall be held in the same
manner as other cases to which section nine of this article applies.
(d) Amount of deficiency in dispute. -- For purposes of this section, the amount in dispute
includes tax, additions to tax, additional amounts and penalties. It excludes interest.

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