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.
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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 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…
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 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.…
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 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…
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 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 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 …
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…
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 …
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 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…
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…
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…
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 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…
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…
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…
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…
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…
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 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 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 …
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…
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 …
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…
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…
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…
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 …
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 …
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…
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…
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…
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…
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…
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 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 …
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 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 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…
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…
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…
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 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…
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…
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…
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…
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…
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…
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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.