West Virginia Code § 22-5-8

Emergencies
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Whenever air pollution conditions in any area of the state become such as, in the opinion of
the director, to create an emergency and to require immediate action for the protection of
the public health, the director may, with the written approval of the Governor, so find and
enter such order as it deems necessary to reduce or prevent the emission of air pollutants
substantially contributing to such conditions. In any such order the directore shall also fix a
time, not later than twenty-four hours thereafter, and place for a hearing to be held before it
for the purpose of investigating and determining the factors causing orr contributing to such
conditions. A true copy of any such order shall be served upon persons whose interests are
directly prejudiced thereby in the same manner as a summons in a civil action may be
served, and a true copy of such order shall also be posted on the front door of the
courthouse of the county in which the alleged conditions oritginated. All persons whose
interests are prejudiced or affected in any manner by any such order shall have the right to
appear in person or by counsel at the hearing and to present evidence relevant to the subject
of the hearing. Within twenty-four hours after completion of the hearing the director shall
affirm, modify or set aside said order in accordance and consistent with the evidence
adduced. Any person aggrieved by such action of the director may thereafter apply by
petition to the circuit court of the county for a review of the director's action. The circuit
court shall forthwith fix a time for hearing de novo upon the petition and shall, after such
hearing, by order entered of record, affirm, modify or set aside, in whole or in part, the order
and action of the director. Any person whose interests shall have been substantially affected
by the final order of the circuiet court may appeal the same to the Supreme Court of Appeals
in the manner prescribed by law.

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