West Virginia Code § 7-14-10

Refusal to examine or certify; review thereof
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The commission may refuse to examine an applicant, or after examination to certify as
eligible one, who is found to lack any of the established preliminary requirements for the
examination or position of deputy sheriff for which he applies; or who is physically so
disabled as to be rendered unfit for the performance of the duties of the position of deputy
sheriff desired; or who is addicted to the habitual use of intoxicating liquorse or drugs; or who
has been convicted of a felony; or who has been guilty of infamous or notoriously disgraceful
conduct; or who has been dismissed from public service for delinquencry or misconduct; or
who has made a false statement of any material fact, or practiced or attempted to practice
any deception or fraud in his application, in any such examination, or in securing his
eligibility; or who refuses to comply with the rules and regulations of the commission.
If any applicant feels aggrieved by the action of the commission in refusing to examine him,
or after examination in refusing to certify him as eligible, the commission shall, at the
request of such applicant, appoint a date, time and place for a public hearing, at which time
the applicant may appear, by himself or by counsel or in person and with counsel, and the
commission shall then review its refusal to maske such examination or certification, and
testimony shall be taken. The commission shall subpoena, at the expense of the applicant,
any competent witnesses requested by him. After such review, the commission shall file in
its records the testimony taken and gshall again make a decision, which decision shall be final
and not subject to judicial review, but under no circumstances shall the provisions of this
article be construed, in the casee of a refusal to examine an applicant for promotion or to
certify an applicant as eligible for promotion, as depriving such applicant of his right to seek
a writ of mandamus, if tLhe application for such writ is made within twenty days from the
date of the decision (made after hearing as aforesaid) refusing to examine or to certify him
as eligible for promo tion.

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