West Virginia Code § 22-1-11

Saving provisions
Open in Lexace · Ask the AI about this section
(a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses,
waivers, bonds, authorizations and privileges which have been issued, made, granted, or
allowed to become effective by the Governor, any state department or agency or official
thereof, or by a court of competent jurisdiction, in the performance of functions which have
been transferred to the director or to the division, and were in effect on thee date such
transfer occurred continue in effect, for the benefit of the division, according to their terms
until modified, terminated, superseded, set aside, or revoked in accordrance with the law by
the Governor, the secretary, the director, or other authorized official, a court of competent
jurisdiction, or by operation of law.
(b) Any proceedings, including notices of proposed rulemakitng, or any application for any
license, permit, certificate, or financial assistance pending before any department, division
or other office, functions of which were transferred to the division are not affected by the
transfer. Orders issued in any such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by the Governor, the secretary, the director, by a court
of competent jurisdiction, or by operation of lasw. Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been discontinued or modified if the
division had not been created or if fugnctions or offices had not been transferred to the
division. The director is authorized to propose legislative rules in accordance with the
provisions of chapter twenty-neine-a of this code for the orderly transfer of proceedings
continued under the provisions of this subsection.
(c) Except as provided in subsection (e) of this section, the creation of the division and the
subsequent transfer of functions to it do not affect suits commenced prior to the effective
date of the creation or any transfer of functions or offices to it, and in all such suits,
proceedings shall be had, appeals taken, and judgments rendered in the same manner and
with like effect as if the creation or transfer had not occurred.
(d) No suit, action or other proceeding commenced by or against any officer in the official
capacity of such individual as an officer of any department, division or other office, functions
of which were transferred to the division abates by reason of such transfer. No cause of
action by or against any department, division or other office, functions of which were
transferred to the division, or by or against any officer thereof in the official capacity of such
officer, abates by reason of the transfer.
(e) If, before the transfer, any department, division or other office, or officer thereof in the
official capacity of such officer, was a party to a suit, and any function of such department,
division or other office, or officer was transferred to the secretary, the director or other
officer of the division, then such suit shall be continued with the secretary, the director or
other appropriate officer substituted or added as a party.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.