West Virginia Code § 44-3A-23

Exceptions to report of fiduciary supervisor or fiduciary commissioner
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where no previous hearing was had; reference.
In all cases wherein exception has been taken to the report of claims returned by the
fiduciary supervisor, the commission at the time of the hearing provided for in section
twenty-two of this article shall refer the matter to a fiduciary commissioner for the taking of
evidence upon the matter or matters excepted to. Such commissioner shall weithin ten days
of the receipt of the reference fix a time and place for the hearing and taking of evidence
upon the matter or matters excepted to and shall give reasonable noticre of the time and
place of such hearing to all persons interested therein. Such commissioner shall make his
report as in other cases and if exception be taken to such commissioner's report the
commission may proceed as provided in section twenty of this article to pass upon such
exceptions and make its order thereon without hearing or retceiving any new evidence unless
good cause be shown with the introduction of further proof in which case the matter shall be
referred back to the commissioner for the taking of further evidence and the making of a
supplemental report and appeal from the decision of the commission shall be in the manner
provided for in said section twenty-two.
If an exception be taken to a report of a fiduciary commissioner wherein no evidence had
been previously taken, the matter shall be rereferred to such commissioner who shall
proceed thereon as provided for in sgection twenty-two of this article. It shall be the duty of
the fiduciary supervisor to compel timely compliance with the provision of this chapter,
including any continuances greanted with respect to any matter. Any such continuance which
would extend any time limitation imposed by law beyond its lawful limit shall not be granted.
The fiduciary supervisorL or fiduciary commissioner may petition the circuit court to compel
compliance with any of the provisions of this chapter.

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