West Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in West Virginia, with full citations and the original source on every page.
Can a West Virginia county commission buy a building it currently leases for its 911 center, and then lease part of the building to a private for-profit business?
Yes to the purchase, no to the for-profit lease. County commissions have broad express and implied authority to buy real estate for public purposes, including running a 911 center. But West Virginia l…
In West Virginia, can a local county health officer issue a binding mask requirement or other public-health rule on his own, or does it have to come from the local board of health?
It must come from the local board of health, not the health officer alone. The AG concluded that under W. Va. Code §§ 16-2-11 and 16-3-2, only a local board of health (not its individual executive off…
Can the West Virginia Division of Justice and Community Services do the day-to-day staff work, like data collection, reporting, and monitoring, for the Community Corrections Subcommittee?
Yes. The AG concluded that the Division of Justice and Community Services (DJCS) is not only authorized but obligated by statute to provide staff support to the Community Corrections Subcommittee. Sec…
Can a combined local board of health (Wetzel-Tyler) buy land and build a new health-department facility, or does the county commission have to own the property?
The local board of health may itself acquire and hold real property and construct a new facility, so a county commission does not have to own it. If the Wetzel and Tyler County Commissions choose to b…
Can a West Virginia county pay EMS salary-supplementation funds to part-time and temporary EMTs, and to EMTs who already get a supplement from a different county?
Yes to both. The Emergency Medical Services Salary Enhancement Fund (W. Va. Code § 16-4C-25) and its 2024 legislative rules apply to any certified EMT or paramedic who answers at least ten 911 calls i…
Can a West Virginia county collect its emergency ambulance service fee from people who live in public housing, even though the housing project itself is tax-exempt?
Yes. The fee under W. Va. Code § 7-15-17 is a user fee on people, not a property tax. Public housing residents are 'users' of emergency ambulance services and may be charged. The state housing law's t…
When a West Virginia sheriff has leftover money in his deputy salary budget, can he pay deputies extra cash for unused vacation, and can the county commission stop him?
It depends on whether the payment is for past or future work. The AG concluded the county commission could refuse to authorize a straight cash-out of accrued vacation time because that arrangement ris…
Can a West Virginia county pay its public libraries with hotel occupancy tax revenue, even when the libraries' main purpose is lending books rather than promoting tourism?
Yes, if the libraries actually serve covered purposes under W. Va. Code § 7-18-14(c). Pocahontas County's free libraries function as 'tourist information centers' (free Wi-Fi, maps, flyers, staff help…
Does a West Virginia county commission have to pay back the legal fees of a Public Service District board member who successfully defended an ethics complaint, and does it matter that the county dissolved the PSD before the request was decided?
No to both. The AG concluded that a county commission has neither express nor implied authority to reimburse a PSD board member's legal fees, because, unlike with solid waste authorities or planning c…
Does West Virginia mine safety law require pre-shift examinations of an underground coal mine while the mine is idle and no miners are working underground?
No, with one exception. The AG agreed with the WV Office of Miners' Health, Safety & Training's long-standing position that W. Va. Code § 22A-2-1 et seq. requires a pre-shift examination only within t…
Does W. Va. Code § 3-8-12(a), which forbids anonymous campaign leaflets supporting or opposing a clearly identified candidate, violate the First Amendment?
Yes, almost certainly. The AG concluded that under *Talley* and *McIntyre*, the state's flat ban on anonymous campaign leafleting fails strict scrutiny: the law is overbroad, sweeping in publications …
Can a West Virginia state agency include performance incentives in an employee's contract, and can it pay severance under a litigation settlement after the employment ends?
Yes to both. The AG concluded that bargained-for performance incentives included in an employment contract from the outset are not 'extra compensation' under W. Va. Const. art. VI, § 38, because they …
Can a West Virginia county ambulance authority sue in magistrate court to collect unpaid emergency ambulance fees?
No, not for the special county-wide fees imposed under W. Va. Code § 7-15-17. The AG concluded that those fees are levied and collected by the county commission, not the ambulance authority. The autho…
If a West Virginia deputy sheriff resigns to run for sheriff, wins, then loses reelection, can he automatically return to his old deputy job?
No. Taking office as sheriff ends the deputy appointment, so civil-service protections (which only cover current deputies) no longer apply. There is a statutory reinstatement window of two years from …
What can a West Virginia county commission do when it is unhappy with the ambulance authority it created: dissolve the whole authority, fire all the board members, or appoint itself to the board?
The AG concluded the county commission can dissolve the entire ambulance authority by ordinance or order (the power to create implies the power to abolish under Hatfield v. Mingo County Court). It can…
When the West Virginia Legislature accidentally passes two different versions of the same code section in the same session, House Bill 2506 amending one piece, then Senate Bill 687 reenacting the section without that amendment, which version is law?
Both, partially. The House Bill's harmonic-mean-flow requirement (a key change in subsection (c) for calculating drinking water permit limits) likely survives, because the Senate Bill's title did not …
Do West Virginia municipal court technology and administrative fees, adopted by Home Rule cities, run afoul of the statutory rule that home-rule ordinances may not be 'contrary to' state criminal law?
No, on the facts presented. Reasonable court technology, court maintenance, and administrative fees in the $1 to $65 range that municipalities use to fund judicial-system operations are not 'contrary …
Can a West Virginia county fire board use the county fire service fee revenue under W. Va. Code § 7-17-12 to pay salaries and personnel costs for firefighters, including paid firefighters?
The AG concluded yes. Section 7-17-12's revenue is dedicated to the county fire board for the purposes set out in Article 17, and Section 7-17-10 expressly authorizes the board to expend funds, employ…
Can a non-lawyer who is the sole owner of an LLC represent that LLC in West Virginia circuit court collections cases?
No. The AG concluded that a non-lawyer member of an LLC cannot appear in a West Virginia circuit court on behalf of the LLC. The general rule against non-lawyers practicing law in courts of record app…
Can a West Virginia county commission lease an apartment in a county-owned building to a private individual as a residence?
No. The AG concluded that county commissions have no statutory authority, express or implied, to lease real property to a private individual for private residential use. The two express leasing powers…
If a West Virginia farmer signed a conservation easement that bans utility lines on his land, can a fiber-optic line still be built across the property to serve other residents?
Maybe. The AG concluded that conservation-easement restrictions are not absolute, and identified at least three statutory paths that could permit a utility right-of-way despite the easement's literal …
When does West Virginia mine-safety law require an underground coal operator to maintain track within 500 (now 1,500) feet of the working face: only when track-mounted personnel carriers are the sole transport method, or whenever any track-mounted carrier is used?
Only when transport is exclusively by rail. The AG read W. Va. Code § 22A-2-37(a) literally: 'exclusively' means 'only' or 'solely' (United Fuel Gas Co. v. Morley Oil & Gas (1926)). When a mine uses a…
When 10% of qualified voters petition the county commission to impose a fire service fee under W. Va. Code § 7-17-12, does the commission have to impose the fee, or can it still say no?
The commission can still say no. W. Va. Code § 7-17-12 grants the commission 'plenary power and authority' to set and collect a fire service fee but conditions any new fee on first receiving a 10% vot…
Does West Virginia's daily mine-inspection requirement apply to a coal mine that has stopped producing coal and where the operator is dismantling and removing surface equipment but has not yet surrendered the underground mine permit?
The AG concluded the best reading of W. Va. Code § 22A-2-53c(10)(e) is that the daily inspection-and-recording duty does not apply when the only ongoing activity is dismantling and moving surface equi…
If a state employee on 'arrears pay' is appointed to fill a vacant elected office, like State Auditor, do they get switched to 'current pay'?
No. The AG read W. Va. Code § 6-7-1 to require arrears-pay status for everyone hired into state government after July 1, 2002, with one carve-out for 'elected officials.' That exemption does not cover…
When a vacancy opens up on a three-member West Virginia county commission, who picks the replacement, must they be from the same magisterial district as the previous commissioner, and must they be from the same political party?
The remaining two commissioners select the replacement (they constitute a quorum); if they cannot agree within thirty days, the political party's county executive committee picks. The replacement must…
If a private estate pays for a building on West Virginia State Farm Museum land owned by the county, does the construction project have to go through public competitive bidding?
On the facts presented, no. The AG concluded that the West Virginia Fairness in Competitive Bidding Act would not apply because, applying the five-factor 'real parties in interest' test from Affiliate…
When the federal government conveys 32 acres to the Raleigh County Emergency Service Authority, does the Authority actually have legal power to own that real estate?
Yes, with a function-tied caveat. The AG concluded the Authority has implied authority to own real property under two independent sources: (1) the special-law grant in House Bill 2018 (Ch. 135, Acts o…
When a county commission must appoint someone to fill a sheriff vacancy with someone from the same political party as the previous sheriff, does it matter how long the appointee has been a member of that party?
No. The AG concluded that W. Va. Code § 3-10-8 requires the appointee to be 'of the same political party as the officeholder vacating the office,' but the statute does not impose any minimum duration …
When voters approve a special tax levy specifically to fund a named non-profit, and the county later cancels its contract with that non-profit, what happens to the leftover money: does it go to the non-profit, the county, or back to taxpayers?
Neither the non-profit nor the county can keep using the money for its own purposes. The voters approved the levy for one specific purpose, supporting the named Foundation, and that purpose can no lon…
Can a West Virginia county design its own sick-leave policy for county employees, including a leave-donation program, even if state employee policy doesn't have the same features?
The AG concluded that under W. Va. Code § 7-5-21, county commissions have broad statutory authority to set their own sick-leave policies for county employees, including leave-donation programs, and ar…
Can a West Virginia city council remove one of its own members by a vote under the city's charter, or does it have to follow the state-law removal process?
The AG concluded that a city's charter cannot displace W. Va. Code § 6-6-7. Removal of an elected municipal officer for cause must be initiated by resolution, prosecuting attorney, or citizen petition…
When the president of a county planning commission successfully defends an ethics complaint, can or must the county commission reimburse her legal fees under W. Va. Code § 11-8-31a?
She is the kind of 'official' covered by the statute, and the county commission has discretion to reimburse, but reimbursement is not automatic. The county commission must apply the three-part Powers …
Do you need a West Virginia auctioneer's license to sell a West Virginia estate's stuff through an online auction site, or to sell the contents of a delinquent storage unit at a live auction?
Online auctions: per the AG, no. The auctioneer-licensing statute (W. Va. Code §§ 19-2C-1, -2) governs auctions 'in this State,' the inspection requirement (§ 19-2C-5) and 'physically conduct' adverti…
Can the West Virginia Office of Miners' Health, Safety & Training require coal mine operators to inspect electric water pumps located in non-working areas of the mine on a pre-shift or on-shift basis?
Only weekly. The Office can require weekly inspection of all pumps under W. Va. Code § 22A-2-40(20), including those in non-working areas. But the more-frequent pre-shift or on-shift inspection requir…
Can the West Virginia Secretary of State use emergency rulemaking to change election procedures during a public-health crisis like COVID-19?
The AG concluded that the Governor's March 2020 disaster declaration triggered W. Va. Code § 3-1A-6(e), giving the Secretary of State broad emergency rulemaking power to expand voter access, like read…
Can a West Virginia public school keep a 'girls-only' softball team girls-only and exclude a male student who identifies with non-traditional gender expression, without violating Title IX?
The 2017 AG opinion concluded yes, in appropriate circumstances. Title IX regulations expressly allow separate-sex athletic teams for skill-based sports, and the AG read 'sex' in Title IX as referring…
Can the West Virginia State Conservation Committee prorate the daily per diem rate for conservation district supervisors so they get paid by the hour rather than a flat $150?
No. 'Per diem' under W. Va. Code § 19-21A-7(c) means 'by the day' or 'for each day.' The statute uses the singular 'a per diem' twice and provides a daily rate range of $30 to $150 with no proration l…
Can a county commission fire members of a county hospital board of trustees in the middle of their term without holding a public hearing?
No. The AG read W. Va. Code § 7-3-15 to allow the county commission to remove a hospital trustee mid-term only 'for incompetency, neglect of duty or malfeasance in office after an opportunity to be he…
Can the West Virginia Board of Pharmacy issue a declaratory ruling that strikes down part of its own enabling statute as void for vagueness, preempted, or unconstitutional?
No. The AG concluded that fundamental principles of constitutional and administrative law forbid the Board of Pharmacy from issuing a declaratory ruling holding W. Va. Code § 30-5-12b void for vaguene…
Are the federal-funded flood control dam sponsorship agreements signed by West Virginia counties and conservation agencies actually enforceable, and who is on the hook for emergency repairs when an old dam fails?
Most of the sponsorship agreements that committed local governments to ongoing annual funding are likely void under the West Virginia Constitution's public-debt limits in Article X, Section 8, because…
Can a West Virginia county commission lease county land to a Convention and Visitors Bureau when the CVB plans to sublease or partner with a for-profit business that will run an escape room game on the property?
No, not on the facts presented. The AG concluded that W. Va. Code §§ 7-1-3k and 7-1-3hh limit county-property leases to nonprofits or government entities, and only when the use serves a 'public purpos…
If a county ambulance authority board member also works for a for-profit ambulance company or volunteers for a non-profit one, does that create a disqualifying conflict of interest, and can the county commission remove a conflicted member mid-term?
Working for a for-profit ambulance company is always a conflict under W. Va. Code § 7-15-15, contract or no contract; the bar is on holding any interest in such a company. Volunteering for a non-profi…
When federal inmates at Hazelton finish their federal sentences and another state has filed a detainer against them, does West Virginia have to give them an extradition-style hearing before they're transferred?
No. The AG concluded that transfer of a federal inmate to another state to serve an already-imposed state sentence is a question of comity between sovereigns under Ponzi v. Fessenden, not extradition.…
Can someone work for the West Virginia Division of Highways while also serving as the public-employee representative on the PEIA Finance Board?
No. The AG concluded that the PEIA Finance Board public-employee representative seat is a 'public office' under the Carson five-factor test, which triggers W. Va. Code § 17-2A-5's bar on DOH employmen…
Can a Home Rule Pilot Program city like Parkersburg start collecting a 1% sales tax on July 1 while still keeping the business and occupation tax in place until January 1 of the next year?
No. W. Va. Code § 8-1-5a(i)(14) lets a Home Rule Pilot city enact a municipal sales tax 'if it reduces or eliminates its municipal business or occupation tax.' The AG read 'if' in its ordinary meaning…
When a county commissioner files candidacy paperwork while living in one magisterial district but moves to a different district before the general election, which district counts as 'his' for the constitutional rule that no two commissioners can be elected from the same district?
The AG concluded under W. Va. Const. art. IX, § 10 and Burkhart v. Sine that a commissioner is 'elected from' the magisterial district where he or she lived on the date of the general election, not th…
Can a West Virginia county building commission consent to having an existing nursing-home lease assigned to a private for-profit nursing home operator?
Yes. Building commissions (W. Va. Code § 8-33-4) have plenary authority to lease property 'for public purposes' to whomever they deem proper, with no restriction on for-profit entities. Operating a nu…
Can a West Virginia county commission tell the county sheriff, county clerk, or other independently elected officials when their offices have to be open?
No. Independently elected county officials run the day-to-day operations of their own offices, including office hours, employee schedules, and time off. The county commission's constitutional 'oversig…
Can a West Virginia county business development authority use coalbed methane severance tax money to renovate a building that will serve as its headquarters?
Yes, with county commission approval. The AG concluded that renovating the Clay County Business Development Authority's headquarters and meeting facility falls within the permissible statutory uses of…
Does West Virginia have to recognize a new political party every time a write-in candidate registered as 'Independent' wins more than 1% of the vote in a gubernatorial election?
No. Under W. Va. Code § 3-1-8, a new political party arises only when an 'affiliation of voters representing any principle or organization' achieves 1% support for its gubernatorial candidate. Voters …
In a West Virginia county that imposes an ambulance fee, does the sheriff have to be the one who bills and collects it, or can the county commission give the job to someone else?
The AG concluded that the sheriff is the default bill collector under W. Va. Code § 7-5-1 and cannot refuse the role, but the county commission can affirmatively designate a different employee, the am…
On a West Virginia fire chief appointment exam, do veterans get five extra points, and can the city add bonus points for years of service in the local fire department?
The AG concluded that under W. Va. Code § 6-13-1, the five-point veteran preference must be added to every passing exam score for an appointment-based vacancy, including current department members. Ex…
In West Virginia, if my neighbor's cows keep wandering onto my property, am I supposed to build a fence to keep them out, or is the cattle owner supposed to build one to keep them in?
The cattle owner. West Virginia is a 'fence-in' state: a livestock owner who lets cattle run at large is liable for civil damages and can also face criminal misdemeanor penalties under § 19-18-3. The …
When a coal operator wants a site-specific exemption for diesel-powered equipment in an underground mine, who decides, the WV Office of Miners' Health, Safety & Training or the State Coal Mine Safety Technical Review Committee?
The Office of Miners' Health, Safety and Training (OMHST) decides. The legislature gave the Technical Review Committee and Coal Board general site-specific rulemaking authority for mine safety, but a …
How does West Virginia's Emergency Ambulance Service Act of 1975 actually constrain how a county ambulance authority's board operates: appointments, terms, proxies, officers, billing, and ambulance management?
The AG worked through six questions for Mineral County. Only the county commission can appoint board members (the Act gives no role to squads or hospitals beyond recommending candidates). Members must…
After Senator Robert C. Byrd's death in 2010, did the Governor of West Virginia have legal authority to call a special election to fill the rest of his Senate term, and on what timetable?
Yes. The AG concluded that W. Va. Code § 3-10-3, read in light of the Seventeenth Amendment's command that Senate vacancies be filled by election, authorized Governor Manchin to proclaim a special ele…
Can West Virginia still force minor-party and independent candidates to file by the January 'certificate of announcement' deadline now that a federal court has enjoined the state from doing exactly that?
No. The Secretary of State should treat the August 1 deadline (under W. Va. Code §§ 3-5-23, 3-5-24) as the operative filing date for minor-party and independent candidates, and may not enforce the Jan…
Are pay-to-play fantasy sports leagues legal in West Virginia, or do they count as illegal gambling on a 'game of chance'?
Legal under then-current law, as defined in pending Senate Bill 529. The AG read W. Va. Code §§ 61-10-5 and 61-10-11 to prohibit only betting on games where chance predominates. Fantasy sports games a…
Do West Virginia's filing-office-hours rules in W. Va. Code § 3-5-7(c) (requiring offices to stay open until particular times on the last day candidates can file) apply to municipal elections?
No. The hours-of-operation rules in W. Va. Code § 3-5-7(c) cannot be 'applied' to municipal elections because the statute prescribes different hours for county clerks (9:00 a.m. to noon) and the Secre…
Can a West Virginia county development authority hand out matching grants to community colleges, scholarship programs, and recreational projects, even though the statute that creates the authority does not mention 'education' in its list of purposes?
Yes, in most cases. The statute gives county development authorities broad, liberally-construed power to do anything 'necessary or convenient' to advance the county's business prosperity and economic …
Can a West Virginia county commission accept funds from a private oil-and-gas industry group to digitize and put online the county's property and mineral records, with the records remaining freely available to the public?
Yes, with the same conditions the AG laid out in its July 11, 2013 Tyler County opinion. The donation must benefit the county or commission as a whole (not any individual official), no private party m…
Is West Virginia's matching-funds system for publicly financed Supreme Court of Appeals candidates constitutional after the U.S. Supreme Court struck down Arizona's similar law?
No. The AG concluded that the matching-funds provisions in W. Va. Code §§ 3-12-11(e)-(i), which gave extra public money to certified candidates whenever a privately financed opponent or independent gr…
Can the West Virginia Economic Development Authority issue Broadband Loan Insurance Program coverage to a borrower who already has the loan in place (and is using the new insurance to swap out cash collateral), and is the lender's 'but-for' creditworthiness certification valid in that scenario?
Yes, on both counts. Re-collateralizing a pre-existing loan, swapping cash collateral for BLINS-program loan insurance, fits within the broad statutory definition of an insurable 'debt instrument' und…
Can a West Virginia county commission collect overdue emergency ambulance service fees by filing a civil lawsuit or by referring the debt to a collections agency?
Yes, both methods are valid. The AG concluded that a county commission's express authority under W. Va. Code § 7-15-17 to 'collect' ambulance service fees through ordinance is supported by Randy Waugh…
If you sit on a city planning commission, a sheriff's civil service commission, or another local board, can you also serve on the county building commission, or does W. Va. Code § 8-33-3 disqualify you?
You are disqualified. W. Va. Code § 8-33-3 bars building commission members from holding 'any office (other than the office of notary public) or employment under the United States of America, the stat…
Can the Governor of West Virginia (or his chief of staff) freeze discretionary salary increases at an independent Chapter 30 licensing board, like the Board of Dental Examiners, that is funded entirely from licensure fees and does not report to a cabinet secretary?
No. The AG concluded that the West Virginia Board of Dental Examiners, a Chapter 30 licensing board, is statutorily independent of the Governor's executive control. The Legislature gave the Board sole…
When a county commissioner resigns mid-term, can a Republican-by-convenience switch to the resigning Republican's party in time to be appointed; when does the thirty-day clock start; does the appointee have to live in the same magisterial district; and how long does the appointee serve?
Per the AG: (1) yes, party switching for appointment is allowed and there is no cutoff date because the Legislature only restricted party-switching for candidates running for election (W. Va. Code § 3…
After the Nicholas County emergency services director resigned during a flood emergency, did the County Commission have to repost the job and run a fresh hiring process, or could it just pick from the existing pool of resumes?
Per the AG, state law does not prescribe a hiring procedure. W. Va. Code § 15-5-8 makes the local OES director an at-will appointment 'to serve at the will and pleasure' of the appointing body, which …
Does a West Virginia county commission have to provide ambulance service, and how can it pay for it?
Yes, but with a money-availability caveat. The AG concluded that W. Va. Code § 7-15-4 requires county commissions to make emergency ambulance service available where it is not otherwise available, but…
Can a West Virginia county accept private donations to digitize property and mineral records and extend courthouse hours, and does it have to use competitive bidding for the digitization?
The AG concluded that the county commission may accept private monetary donations for digitization or extended hours, as long as the donations are unsolicited and benefit the county as a whole rather …
If a state senator was elected as a Republican but switched to the Democratic Party before resigning, which party gets to submit the list of replacement candidates to the Governor under W. Va. Code § 3-10-5?
The party the senator was affiliated with at the time of resignation, not at the time of election. The AG read W. Va. Code § 3-10-5(a) to use a present-participle phrase ('the person vacating the offi…
Does West Virginia's 2019 Senate Bill 451 (the Comprehensive Education Reform Bill) violate the West Virginia Constitution's rule that a bill can only address a single object?
The AG concluded that SB 451 likely satisfied the single-object requirement of W. Va. Const. art. VI, § 30. Its detailed multi-page title fairly described every provision, the bill's many provisions (…
When a West Virginia sheriff resigns mid-term, must the county commission appoint someone to fill the vacancy, when must an election be held to choose a permanent successor, and can the commission skip the appointment by holding a special election sooner?
The AG concluded the commission has a mandatory duty to appoint a same-party replacement (no specific deadline, but as soon as practicable). The next election to fill the unexpired term must occur at …
Can West Virginia's State Conservation Committee receive and pass through federal Clean Water Act Section 319 grants for water quality projects, and does it have to use the local conservation districts as the only sub-recipients?
On the first question, the AG concluded the SCC's authority to use Section 319 grants for water-quality (as opposed to soil/erosion) projects is uncertain under W. Va. Code Chapter 19, Article 21A; th…
Can a West Virginia conservation district use its public funds to award scholarships, like a $500 scholarship to a supervisor's child or a school-tuition stipend tied to agricultural programs?
No. The AG concluded that nothing in the Conservation District Law gives a district the authority to award scholarships from public funds. Conservation districts have only the powers the Legislature e…
When West Virginia legalized medical marijuana, did the state have any way to protect banks and credit unions that wanted to serve cannabis businesses from federal liability?
The AG concluded that because marijuana is still a Schedule I controlled substance under federal law, no state action could fully shield financial institutions from federal civil or criminal exposure.…
After the West Virginia Legislature amended a statute to authorize the Commissioner of Agriculture to cancel certain low-rent state farm leases on 30 days' notice, did that amendment trigger a contractual cancellation clause that the Department's existing leases tied to legislative action that 'impair[s]' the lease?
Yes. The 2021 amendment to W. Va. Code § 19-12A-5(c)(4) reduced the value of the existing leases by giving the Commissioner unilateral cancellation authority. That counts as a legislative act that 'im…
Can a West Virginia county clerk record an out-of-state probated will when only one official (acting as both judge and court clerk) signed the authentication certificate?
Yes. When a single individual in the originating state served as both the probate judge and the court clerk, a single signature on the triple-seal certification is sufficient. W. Va. Code § 57-1-12 co…
Does West Virginia law force a county commission to clean debris out of a creek or stream when a water utility or property owner asks them to?
The AG read W. Va. Code § 7-1-3u as a grant of authority, not a mandate. Counties were authorized to dredge, remove debris, and do other flood-control work in streams, but the statute did not require …
Does a West Virginia county sheriff have to appoint a deputy as humane officer, or can the sheriff hold that role personally?
The AG concluded that the plain text of W. Va. Code § 7-10-1 makes the appointment mandatory: a sheriff must designate a deputy (or, with county-commission agreement, the county dog warden) as humane …
Can a county commission void a 2004 restrictive covenant in its own deed that limits a 911 cell tower to emergency-only use, so the public can also get cell coverage from it?
Probably not. The AG concluded the plain language of the covenant restricting the Charles Knob parcel to '911 system' uses was enforceable on its face, no public-policy or trade-restraint exception cl…
Can the West Virginia School Building Authority use FEMA flood-relief money to buy land for relocating damaged schools, even when its own regulations forbid spending Authority funds on site acquisition?
Yes, very likely. The AG concluded that the Legislature plainly authorized the Authority to administer 'all' federal funds for school construction, with 'construction project' defined to include 'the …
After the 2008 amendment to W. Va. Code § 59-1-10(a)(1) said county clerks could keep $11 of certain recording fees for their office's operation, can clerks set up a separate fund for those retained fees, or must the money go to the county treasury under the older general statute?
Clerks can keep the $11 for their offices and may set up a separate fund to receive it. The AG concluded that the 2008 amendment in S.B. 622 conflicts with the older provisions in W. Va. Code §§ 59-1-…
Can a West Virginia charitable raffle licensee use a ticket dispenser machine to sell raffle tickets, and can the State Tax Commissioner enforce five operating criteria he set for those machines, including a ban on paying money or tokens directly to players?
Yes on both, with a qualification on enforcement. The AG concluded that the Tax Commissioner's interpretation of the Charitable Raffles Act and the Charitable Raffle Boards and Games Act was reasonabl…
Can a West Virginia city give its fire marshals the power to make arrests, get warrants, and briefly detain suspects when they witness violations of the city fire code?
Yes. The AG concluded that W. Va. Code § 8-15-1 grants every municipality 'plenary' authority to provide for the prevention and extinguishment of fires, and that 'plenary' means complete and unqualifi…
Does a West Virginia local board of health have to use the state Division of Personnel's merit system, and can it be required to pay for those services?
The AG concluded that local boards of health must run their employees through some merit system, but they can choose between the state Division of Personnel's system and their own. If they elect to us…
If our city's police pension fund has been miscalculating retirement benefits for decades by ignoring a statutory cap, does a new 2017 statute force the fund to claw back overpayments going back thirty years, or just go forward?
Going forward only. The AG concluded that W. Va. Code § 8-22-27a required the Morgantown Policemen's Pension and Relief Fund to immediately recalculate every pension that had ignored the twenty-percen…
Can the same lawyer serve as the county fiduciary commissioner and as the attorney to the county commission in the same county?
No. The AG applied the common-law incompatibility doctrine: two government offices are incompatible if the responsibilities of one office can in any manner influence the actions of the public officer …
Can the West Virginia Department of Education pay a county school board's bank loan directly from state aid funds to help the county get a better interest rate?
No. The AG concluded that having the WVDE write checks directly to a financial institution to repay a Fayette County Board of Education loan would violate two provisions of the West Virginia Constitut…
If a regional airport authority sits on the line between two states under an interstate compact, which state's open-meetings law governs its meetings?
The AG concluded that West Virginia's open-meetings law applied to the Potomac Highlands Airport Authority. The 1998 federal compact creating the authority did not pick a state law, so the AG analyzed…
If a West Virginia county commissioner dies and the county commission misses its 30-day deadline to appoint a replacement, can the local party committee nominate the late commissioner's spouse even if she only just recently registered with the party?
Yes. The 60-day party-membership requirement in § 3-10-7(a) applies only when the county commission itself fills a vacancy. Once that 30-day window passes and the local party executive committee takes…
If a state agency is doing an internal HR investigation into a complaint, can the agency fire an employee under W. Va. Code § 29-6-19 for refusing to talk to the investigators?
No. § 29-6-19's job-forfeiture penalty applies only to formal proceedings before a court, judge, legislative committee, or a statutorily-authorized administrative tribunal like the Public Employees Gr…
Can a West Virginia county ambulance authority delegate ambulance-allocation decisions to a subcommittee of its board, and can the squads use private companies to bill patients?
The AG concluded the answer was no on the subcommittee question and yes on the billing question. The Emergency Ambulance Service Act lodges management of an authority in the full board (each member ha…
If a state employee scheduled to work on the Saturday, August 28, 2010 special election day claims paid voting leave, does that employee also get a comparable day off because the election day is a legal holiday?
Yes, but the two benefits are not stacked on top of each other. The AG concluded that state employees scheduled to work and actually working on Saturday, August 28, 2010 were entitled to a comparable …
Was Saturday, August 28, 2010, the special primary election to fill Senator Byrd's Senate seat, a legal holiday for West Virginia state employees, and did employees scheduled to work get paid time off to vote?
Yes, partly. The AG concluded that under W. Va. Code § 2-2-1(a)(13), any day on which a primary, general, or special election is held is automatically a legal holiday throughout the state. The Saturda…
If a West Virginia county wants to contract directly with local EMS squads for ambulance service, does it have to put the contracts out to competitive bid first?
No. The competitive-bidding requirement in W. Va. Code § 7-15-16 applies only when an 'emergency ambulance service authority' is procuring supplies, equipment, materials, or facilities, not when a cou…
Can a West Virginia county without a zoning ordinance use a 'land development ordinance' to block solar and wind farms from being built?
No on the blocking, yes on regulating how they get built. West Virginia law does not recognize a separate 'land development ordinance' apart from the unified 'subdivision and land development ordinanc…
If a West Virginia State Election Commission member receives a daily per-diem allowance, can he or she also keep a job in the state classified service, or does the per diem turn the position into a 'paid public office' that bars classified employment?
The position becomes a paid public office, so dual service is barred. The AG concluded that membership on the West Virginia State Election Commission is a public office (it satisfies all five criteria…
Can a West Virginia state college's board of governors give all employees a one-time $500 bonus after the work has already been done, or does the state constitution forbid it?
It depends on whether the employee is under contract. The AG read W. Va. Const. art. VI, § 38 to forbid extra compensation for past work, which made the December 2014 bonus unlawful for the college's …
Can a West Virginia county school board pay its professional-exempt employees extra for taking on extra duties (tutoring, mentoring, robotics tournaments, building administrator) outside their regular contracts?
Yes, with care. The constitutional extra-compensation clause does not bar additional pay when the duties are 'newly imposed' beyond the original contract. The salary clause only covers public officers…
Can a West Virginia public agency sue the contractor for construction defects in a building completed in 1982 when the problems are only discovered in 2012?
No. The AG concluded that W. Va. Code § 55-2-6a, the ten-year statute of repose for tort and contribution claims arising from defective construction, foreclosed the Public Service Commission from suin…
Can a West Virginia municipality apply its sales tax to transactions that happen outside city limits, just because the buyer's zip code overlaps the city?
No. The AG concluded that the West Virginia Constitution and W. Va. Code § 8-13C-4 limit a municipality's sales-and-use-tax authority to transactions within municipal boundaries. The Town of Harrisvil…
After the June 2016 flood, can White Sulphur Springs give a piece of city-owned land to a regional economic development corporation, which will then pass it to a 501(c)(3) charity to build discounted homes for displaced residents?
Yes, on the facts described. W. Va. Code § 8-32-2 lets a municipality transfer property to an area development corporation 'for or adaptable to use in industrial and economic development.' The Greenbr…
Does the West Virginia Constitution's bidding requirement for state printing (Art. 6, § 34) bar the Legislature from leasing printing machines and using its own employees to print bills and the daily journal in-house?
No. The AG read W. Va. Const. art. VI, § 34 as ambiguous on the in-house question but concluded the better reading allows in-house printing. The residual clause expressly applies only to printing 'ord…
Can a West Virginia county commission pay more than the required employer share of PEIA retiree health insurance premiums, and can a future commission later cut those extra payments back?
Yes to both. The AG concluded that the Public Employees Insurance Act sets only a minimum employer contribution and lets counties voluntarily pay a larger share of retiree premiums. Because those extr…
Is a county solid waste authority a 'state agency' that has to follow state purchasing rules and other state-government procedures?
Not a single yes-or-no. The AG declined to declare county solid waste authorities 'state agencies' for all purposes because the Legislature defines that term differently in different statutes. On the …
Can a West Virginia county commission pay an elected official's legal bills when the official successfully fights off an ethics complaint that didn't ask for any specific punishment?
Probably yes, if the official's conduct was tied to actual official duties and the official acted in good faith. The narrow indemnification statute (§ 11-8-31a) only covers actions seeking removal fro…
Does a West Virginia county commission have to fund a sanitarian at the local health department, what minimum funding does it owe the health department, and can it skip publishing legal notices in one of two same-owner newspapers that are listed as opposite-politics papers?
The AG concluded: (1) state law requires a county commission to provide 'financial support' to a local health board it created, but does not require funding for any specific position like a sanitarian…
What can a West Virginia county commission lawfully fund: agricultural scholarships, scholarships for firefighters and EMS personnel, and gift cards as survey-participation incentives?
Mixed. A county commission may not fund an agricultural scholarship; that authority belongs to the Commissioner of Agriculture, not counties. It may fund a scholarship for volunteer firefighters and E…
Does the West Virginia Open Meetings Act force a local volunteer fire department to open its meetings to the public?
It depends on how the fire department was created. If a local government ordinance set it up as a public body, the Act applies (per the 1999 Whitesville advisory opinion). If it was incorporated as a …
Can a West Virginia constitutional officer like the Commissioner of Agriculture sign long-term real estate leases in the final days of his term, after his successor has been elected? And can the new commissioner unilaterally tear up those leases?
Yes, the outgoing Commissioner had full constitutional authority to sign the 30- and 35-year farm-property leases in his last days. West Virginia has not adopted the Wyoming public-policy rule limitin…
Is the West Virginia Housing Development Fund the only entity allowed to act as the federally contracted administrator of Section 8 project-based housing vouchers in West Virginia?
The AG concluded the Fund was the only West Virginia entity with statewide statutory authority to operate as a public housing authority and therefore the only one eligible to be HUD's Performance Base…
Does the Hardy County 911 Center have to send copies of every initial computer-aided dispatch (CAD) to the prosecuting attorney's office on request?
The AG concluded that under W. Va. Code § 24-6-13 the 911 Center has discretion (not a duty) to send all CADs. Two narrower statutes can create mandatory disclosure: § 49-4-410 requires production for…
Can a West Virginia deputy sheriff who works in one county run for sheriff in a different county where he lives?
The AG concluded that the plain text of W. Va. Code § 7-14-15(a)(4) only forbids deputy sheriffs from being a candidate or holding office 'in the county in which he or she is employed.' A Hardy County…
When out-of-state organizers run a one-weekend drag racing event filmed by Discovery Channel, do they and their food and merchandise vendors need West Virginia business licenses, and is it legal for spectators to bet on the races?
The AG concluded that event organizers and merchandise/food vendors all need a West Virginia business registration certificate under W. Va. Code § 11-12-3, food vendors additionally need a permit from…
Can the West Virginia Health Information Network (a public-private health-data-exchange partnership) charge fees to participating organizations and spend the money it collects?
It can charge and collect fees, but it cannot spend the money it collects unless the Legislature appropriates it. W. Va. Code § 16-29G-3(C) gives WVHIN two distinct powers: (a) receive and dispense fu…
If a West Virginia primary candidate filed a notarized statement of withdrawal after the legal deadline, must the votes for that candidate still be counted, and what happens if the withdrawn candidate wins?
Yes, the votes must be counted, and if the withdrawn candidate wins, he must be certified as the winner. The AG concluded that an untimely withdrawal under W. Va. Code § 3-5-11(a) must simply be disal…
When a West Virginia police officer suspects someone working in the state may be present unlawfully, what can the officer actually do without risking a federal civil rights lawsuit?
Going to a workplace and demanding ID from workers based only on suspicion of unlawful presence will likely violate the Fourth Amendment under *Santos v. Frederick County* (4th Cir. 2013), exposing th…
When the only firefighter eligible for promotion to fire chief turns down the job, how does the city fill the vacancy?
The AG concluded that under W. Va. Code §§ 8-15-20 and 8-15-22, if no eligible promotion candidate accepts the chief job, the Civil Service Commission must run a new competitive chief exam open to any…
When a pharmacy sits inside a big-box store or grocery store, does the West Virginia Board of Pharmacy regulate the whole store or just the pharmacy area?
The AG concluded that the Board of Pharmacy's regulatory jurisdiction under W. Va. Code § 30-5-7 reaches only the area of a retail establishment where drugs are dispensed and pharmacist care is provid…
Does a West Virginia county commission have to provide office space at the county's expense for the elected county surveyor and the surveyor's staff (even unpaid staff like a mapper)?
The AG concluded that under W. Va. Code § 7-3-2, the county commission must provide 'suitable offices' for the county surveyor (a constitutional officer under art. IX, § 1) and the necessary support, …
Can a West Virginia legislative rule continue to require county executive committee chairperson consent to early voting locations after the Legislature amended the underlying statute in 2011 to drop that requirement?
No, not for the consent piece. W. Va. Code of State Rules § 153-13-3.5, which gives the chairs of the county executive committees veto power over early voting locations, conflicts with the post-2011 W…
Does West Virginia's small-county finance statute really require the County Commission president and county clerk to hand-sign every check or pay order, even though signature stamps and e-signatures are now standard in business and government?
Yes, in counties with populations under 50,000. West Virginia Code § 7-5-4(a) requires the president of the county commission and the county clerk (or alternative signatories under subsection (b)) to …
After a Pennsylvania ATV crash where a closer West Virginia EMS unit could have helped but couldn't because the two counties weren't bordering, can Morgan County (WV) sign a mutual-aid EMS agreement with Fulton County, Pennsylvania, even though they're separated by Maryland?
No, neither the Morgan County Commission nor the local EMS provider can sign that agreement. The relevant West Virginia statutes (Sections 7-1-3i, 15-5-9, and 16-4C-20) all require the out-of-state co…
If a West Virginia local police department uses an unmarked vehicle without tinted windows to run radar and pull people over for speeding, does the law banning unmarked-vehicle traffic stops apply?
No. West Virginia Code § 17C-15-36a only bars routine traffic stops by unmarked law-enforcement vehicles that are exempt from the window-tint rules, meaning vehicles with tinted windows that are prima…
Can a West Virginia county use its zoning ordinance to keep a commercial slaughterhouse out of a rural conservation district when state law protects 'agricultural operations' from county zoning?
No. A slaughterhouse is an 'agricultural operation' under W. Va. Code § 19-19-2 because it produces food from animals through husbandry, packing, and shipping. State law (§ 8A-7-10(e)) bars counties f…
Can a West Virginia county commission negotiating a Payment-In-Lieu-Of-Taxes deal with a solar developer also require the developer to chip into a community development fund the county controls, and should those terms go inside the PILOT agreement itself?
Yes, a county commission can require contributions to a community development fund and has authority to set one up, but the contribution provisions should not be in the PILOT agreement itself. PILOT a…
Can a West Virginia sheriff demand sales records from local businesses to figure out how much they owe in hotel occupancy tax and EMS fees, and can the sheriff use a subpoena to get them?
The sheriff can ask businesses directly for sales records as part of his ex officio county treasurer duty to collect 'moneys due' under W. Va. Code § 7-5-1. The implied authority follows from the expr…
Can a sitting member of the West Virginia Legislature also work for a West Virginia executive-branch agency, either as an employee or as a contractor?
An employee, no. The West Virginia Constitution at art. VI, § 13 flatly bars sitting legislators from holding 'employment under this state.' A contractor relationship is more nuanced. The AG could not…
Can a West Virginia county commission make its volunteer fire departments submit to a financial audit, and withhold their share of levy funds if they refuse?
No on both counts. The AG concluded the Mineral County Commission has no express or implied authority under W. Va. Code § 7-1-3d to audit volunteer fire departments, because the Legislature gave that …
After Senate Bill 941 made the West Virginia DEP the sole authority over conservation-district dams, what happens to existing federal Operation and Maintenance agreements, future federal contracts, and the districts' liability if dam work fails?
Existing O&M agreements with the federal NRCS stay in effect, but conservation districts must get DEP approval before doing alteration, improvement, or agreement work on a covered dam. Future federal …
When a prosecutor needs probation supervision records (like a failed drug screen) to prove a probation revocation, does West Virginia Trial Court Rule 44.01 require the probation officer to get a written court order before turning the records over?
No. Trial Court Rule 44.01 covers third-party requests for confidential probation records, not discovery owed to counsel in an active revocation proceeding. Probation officers must turn over supervisi…
Is PrizePicks' single-player daily fantasy sports game illegal under West Virginia's sports wagering law, or does the statute's exclusion for 'Daily Fantasy Sports' protect it?
Maybe, and the AG could not give a definitive answer. The single-player game does meet West Virginia's statutory definition of 'sports wagering' because it accepts wagers on individual athletes' perfo…
After Senate Bill 941 (2025), do West Virginia local conservation districts still have any oversight role over dams they own or sponsor, or is that authority now exclusively the Department of Environmental Protection's?
The Department of Environmental Protection has sole authority. The 2025 amendment to West Virginia Code § 19-21A-8(a) says any 'alteration, improvement, or agreement' related to a dam owned or sponsor…
Can a West Virginia county commission use eminent domain to take private land bordering a county-owned gun club to address bullets that have spread onto the neighbor's property?
Yes, likely. The AG concluded that taking the strips of land where bullets had landed serves a public use under W. Va. Code § 54-1-2 and W. Va. Const. art. III, § 9, because it advances public safety,…
Does a West Virginia county courthouse have to close on Juneteenth if the governor doesn't recognize it as a state holiday, and do deputy sheriffs get overtime that day?
Yes, the courthouse and its annexes must close because Juneteenth is a federal holiday under 5 U.S.C. § 6103(a) and West Virginia Code § 7-3-2 forbids county commissions from keeping courthouses open …
Does sponsoring a federally-funded dike project make a West Virginia county commission the owner of the dike, and how long does the commission's duty to maintain the dike last?
No, sponsorship does not make the County Commission the owner. Federal regulations distinguish between project sponsors and landowners (landusers); the City of Parsons holds title to the dike. The 198…
When the West Virginia State Conservation Committee pays per diem compensation to elected conservation district supervisors, can the rate be a range, and should the payments go on W-2 or 1099 forms?
The per diem must be a single flat daily rate within the $30 to $150 range set by W. Va. Code § 19-21A-7(c), not a range that varies among supervisors. And the payments must be reported on W-2s, becau…
Can a West Virginia public school refuse to enroll a student, mark the student truant, or ban the student from a private after-school program just because the family is using dual enrollment to qualify for the Hope Scholarship?
No on every count. A West Virginia public school cannot bar a student who is meeting attendance and academic requirements just because the student is also enrolled in a private program, and cannot ban…
Can a West Virginia county board of education lease an active school auditorium to a for-profit company so the company can capture historic tax credits to fund renovations, with the board taking partial ownership in the for-profit?
No. A county board of education has no authority, express or implied, to lease still-in-use school property to a for-profit company, and no authority to create or co-own a for-profit entity. The Board…
Can a West Virginia county that has no zoning ordinance just declare a moratorium on industrial wind turbines, or does the county have to set up a full zoning regime first?
A West Virginia county cannot impose a wind-turbine moratorium by simple resolution. A moratorium is a zoning act, so the county must adopt a comprehensive plan, prepare a study and report, and pass a…
Can a West Virginia municipal police or fire pension fund credit fractional years of service when calculating retirement benefits over 20 years of service, and what does the fund have to do if it has been doing so?
No. W. Va. Code § 8-22-25(b) refers to 'years of service completed,' meaning whole years; partial years cannot be counted toward the additional 2%-per-year and 1%-per-year benefits past 20 and 25 year…
Browse West Virginia opinions by topic
Attorney general opinions in West Virginia are written by the West Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.