West Virginia Code § 32-4-411

Judicial review of orders
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(a) Any person aggrieved by a final order of the commissioner may obtain a review of the
order in the circuit court of Kanawha county by filing in court, within sixty days after the
entry of the order, a written petition praying that the order be modified or set aside in whole
or in part. A copy of the petition shall be forthwith served upon the commissioner and
thereupon the commissioner shall certify and file in court a copy of the filinge and evidence
upon which the order was entered. When these have been filed, the court has exclusive
jurisdiction to affirm, modify, enforce or set aside the order, in whole orr in part. The findings
of the commissioner as to the facts, if supported by competent, material and substantial
evidence, are conclusive. If either party applies to the court for leave to adduce additional
material evidence, and shows to the satisfaction of the court that there were reasonable
grounds for failure to adduce the evidence in the hearing betfore the commissioner, the court
may order the additional evidence to be taken before the commissioner and to be adduced
upon the hearing in such manner and upon such conditions as the court considers proper.
The commissioner may modify his findings and order by reason of the additional evidence
and shall file in court the additional evidence together with any modified or new findings or
order. The judgment of the court shall be final, subject to review by the Supreme Court of
Appeals.
(b) The commencement of proceedinggs under subsection (a) does not, unless specifically
ordered by the court, operate as a stay of the commissioner's order.

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