(a) It is the policy of the Legislature to make no appropriation to pay any claims against the state, cognizable by the commission, unless the claim has first been passed upon by the commission.
(b) Because a decision of the commission is a recommendation to the Legislature based upon a finding of moral obligation, and the enactment process of passage of legislation authorizing payments of claims recommended by the commission is at legislative discretion, no right of appeal exists to findings and award recommendations of the West Virginia Legislative Claims Commission and they are not subject to judicial review.
Structure West Virginia Code
Chapter 14. Claims Due and Against the State
Article 2. Claims Against the State
§14-2-2. Venue for Certain Suits and Actions
§14-2-2a. Venue for Suits and Actions Involving State Institutions of Higher Education
§14-2-4a. Interim Commissioners
§14-2-5. Commission Clerk and Other Personnel
§14-2-7. Meeting Place of the Commission
§14-2-8. Compensation of Commissioners; Expenses
§14-2-10. Qualifications of Commissioners
§14-2-11. Attorney General to Represent State
§14-2-12. General Powers of the Commission
§14-2-13. Jurisdiction of the Commission
§14-2-13a. Claims for Unjust Arrest and Imprisonment or Conviction and Imprisonment
§14-2-15. Rules of Practice and Procedure
§14-2-17a. Shortened Procedure for Road Condition Claims
§14-2-19. Claims Under Existing Appropriations
§14-2-20. Claims Under Special Appropriations
§14-2-21. Periods of Limitation Made Applicable
§14-2-23. Inclusion of Awards in Budget
§14-2-24. Records to Be Preserved
§14-2-25. Reports of the Commission
§14-2-27. Conclusiveness of Determination