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.
No West Virginia opinions match these filters
Try a different search term or clear the filters.
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 …
Did real estate transactions between the West Virginia State Armory Board and other public bodies need approval by the Board of Public Works?
Yes. The 2007 AG opinion concluded that the acquisition and disposition of real property by and between the State Armory Board and other public bodies was subject to approval by the West Virginia Boar…
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…
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.