Current through Register Vol. XLI, No. 37, September 13, 2024
Section 56-3-24 - Board of Appeals24.1. There is hereby continued a board of appeals under W.Va. Code § 22A-5-1, consisting of three (3) members.24.1.1. Two (2) members of the board of appeals shall be appointed by the governor, one (1) person who by reason of previous training and experience may reasonably be said to represent the viewpoint of miners, and one (1) person who by reason of previous training and experience may reasonably be said to represent the viewpoint of the operators.24.1.2. The third (3rd) person, who shall be chairman of the board and who must not have had any connection at any time with the coal industry or an organization representing miners, shall be selected by the two (2) members appointed by the governor.24.1.3. The term of office of members of the board of appeals shall be five (5) years.24.2. The function and duties of the board of appeals shall be to hear appeals, make determinations on questions of miners' entitlements due to withdrawal orders and appeals from discharge or discrimination, and suspension of certification certificates.24.3. The board of appeals shall have the power to administer oaths and subpoena witnesses and require production of any books, papers, records, or other documents, relevant or material to the appeal inquiry.24.4. The chairman of the board of appeals shall subpoena any witness requested by a party to a hearing to testify or produce books, records or documents. Any witness responding to a subpoena so issued shall receive a daily witness fee to be paid out of the state treasury upon a requisition of the state auditor equivalent to the rate of pay under the wage agreement currently in effect plus all reasonable expenses for meals, lodging and travel at the rate applicable to state employees. Any full payments as hereinbefore specified shall be in full and exclusive payment for meals, lodging, actual travel and similar expenses and shall be made in lieu of any lost wages occasioned by such appearance in connection with any hearing conducted by the board of appeals.24.5. Each member of the board of appeals shall be paid the same compensation and expense reimbursement as is paid to members of the legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. No reimbursement for expenses shall be made except upon an itemized account, properly certified by such members of the board of appeals. All reimbursement for expenses shall be paid out of the state treasury upon a requisition upon the state auditor, properly certified by such members of the board of appeals.24.6. Board members, before performing any duty, shall take and subscribe to the oath required by article 4, section 5 of the constitution of West Virginia.