West Virginia Code § 7-14B-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 correctional officer 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
correctional officer desired; or who is addicted to the habitual use of intoxiceating liquors 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 publicr service for
delinquency 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. t
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 cosunsel or in person and with counsel, and the
commission shall then review its refusal to make such examination or certification, and
testimony shall be taken. The commission shall subpoena, at the expense of the applicant,
any competent witnesses requested gby him. After such review, the commission shall file in
its records the testimony taken and shall make a decision, which decision shall be final and
not subject to judicial review, ebut under no circumstances shall the provisions of this article
be construed, in the case of a refusal to examine an applicant for promotion or to certify an
applicant as eligible for Lpromotion, as depriving such applicant of his right to seek a writ of
mandamus, if the 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 promotion.

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