W.Va. R. App. P. 14

As amended through January 31, 2024
Rule 14 - Public service commission appeals
(a)Applicability. This Rule governs all appeals from a final decision of the Public Service Commission pursuant to West Virginia Code § 24-5-1.
(b)Time for appeal. A party seeking review in the Supreme Court of a final order of the Public Service Commission must perfect the appeal within thirty days of entry of the final order of the Commission.
(c)Perfecting the appeal. An appeal under subsection (a) is perfected upon the timely and proper filing of a petitioner's brief and appendix in the Office of the Clers.
(d)Petitioner's brief. The petitioner shall file a brief in substantially the same format as provided in Rule 10.
(e)Appendix. The petitioner must file of an appendix of documents that comply with the format, page numbering, and general requirements set forth in Rule 7. The appendix must include the relevant decisions or orders pertaining to the subject matter of the appeal, but need not contain evidence that will be provided with the Commission record.
(f)Commission record. Within thirty days of receipt of notice that an appeal has been perfected, the Commission shall transmit to the Clerk the record of the proceedings had before it, including all the evidence.
(g)Scheduling order. As soon as practicable after the appeal is perfected, the Supreme Court will issue a scheduling order. As appropriate to the circumstances, the scheduling order will set forth the date upon which a statement of reasons must be filed by the Commission, the date upon which any respondent's brief must be filed, and the date for oral argument.
(h)Statement of reasons. Within the time period provided in the scheduling order, the Commission shall file a statement of reasons in the same format as the respondent's brief set forth in Rule 10.
(i)Respondent's brief. Within the time period provided in the scheduling order, a party to the proceedings before the Commission against whom the appeal is taken must file a respondent's brief or summary response in the same format required for the respondent's brief set forth in Rule 10. Cross-assignments of error are not permitted.
(j)Reply brief. Within the time period provided in the scheduling order, the petitioner may file a reply brief in the same format as set forth in Rule 10.
(k)Oral argument. The date for oral argument under Rule 19 or Rule 20 will be set forth in the scheduling order. Unless otherwise provided by order, the petitioner, the Commission and any respondent who filed a brief shall be entitled to present argument.
(I)Consideration of the appeal. At the conclusion of oral argument, the case will be submitted to the Supreme Court for its consideration. The Supreme Court may, in its discretion, decide the case on the briefs without further argument, issue a written decision on the merits, or issue an appropriate order.

W.va. R. App. P. 14

Amended June 15, 2022, effective 7/1/2022.