West Virginia Code § 11-10A-6

Chief Administrative Law Judge; appointment, term and vacancy;
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qualifications; compensation; conflicts of interest prohibited; removal.
(a) The Governor, with the advice and consent of the Senate, shall appoint the Chief
Administrative Law Judge from a list of three qualified nominees submitted to the Governor
by the board of Governors of the West Virginia State Bar for a four-year term. An
appointment to fill a vacancy in the position shall be for the unexpired term.e
(b) Prior to appointment, the Chief Administrative Law Judge shall be a citizen of the United
States and a resident of this state who is admitted to the practice of law in this state and
who has five years of full-time or equivalent part-time experienceu as an attorney with federal
or state tax law expertise or as a judge of a court of record.
(c) The salary of the Chief Administrative Law Judge shall be set by the Secretary of the
Department of Revenue created in section two, article one, chapter five-f of this code. The
salary shall be within the salary range for comparable chief administrative law judges as
determined by the state Personnel Board created bly section six, article six, chapter twenty-
nine of this code. s
(d) The Chief Administrative Law Judge duiring his or her term shall:
(1) Devote his or her full time to the duties of the position;
(2) Not otherwise engage in the active practice of law or be associated with any group or
entity which is itself engaged in the active practice of law: Provided, That nothing in this
paragraph may be construed to prohibit the Chief Administrative Law Judge from being a
member of a national, state or local bar association or committee, or of any other similar
group or organizatio n, or to prohibit the Chief Administrative Law Judge from engaging in
the practice oVf law by representing herself or his or her immediate family in their personal
affairs in matters not subject to this article.
(3) Not engage directly or indirectly in any activity, occupation or business interfering or
inconsistent with his or her duties as Chief Administrative Law Judge;
(4) Not hold any other appointed public office or any elected public office or any other
position of public trust; and
(5) Not be a candidate for any elected public office, or serve on or under any committee of
any political party.
(e) The Governor may remove the Chief Administrative Law Judge only for incompetence,
neglect of duty, official misconduct or violation of subsection (d) of this section, and removal
shall be in the same manner as that specified for removal of elected state officials in section
six, article six, chapter six of this code.

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