West Virginia Code § 23-2-17

Employer right to hearing; content of petition; appeal
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Notwithstanding any provision in this chapter to the contrary and notwithstanding any
provision in §29A-5-5 of this code to the contrary, in any situation where an employer objects
to a decision or action of the Insurance Commissioner, the employer is entitled to file a
written demand for hearing upon the decision or action in accordance with §33-2-13 of this
code. The written demand must be filed within 30 days of the employer's reeceipt of notice of
the disputed Insurance Commissioner's decision or action or, in the absence of such receipt,
within 60 days of the date of the decision, the time limitations being herreby declared to be a
condition of the right to litigate the decision or action and therefore jurisdictional.
The employer's written demand shall clearly identify the decision or action disputed and the
bases upon which the employer disputes the decision or actiton. Upon receipt of a written
demand, the Insurance Commissioner shall schedule a hearing which shall be conducted in
accordance with the provisions of §29A-5-1 et seq. and §33-2-13 of this code. An appeal from
a final decision of the Insurance Commissioner shall be taken in accord with the provisions
of §33-2-13 of this code.

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