(a) Legal counsel and services for the secretary in all administrative hearings and all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General, his or her assistants or an attorney employed by the secretary in proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.
(b) The Governor may appoint counsel for the secretary who shall perform such legal services in representing the interests of residents in assisted living residences in matters under the jurisdiction of the secretary as the Governor shall direct. It shall be the duty of such counsel to appear for the residents in all cases where they are not represented by counsel. The compensation of such counsel shall be fixed by the Governor.
Structure West Virginia Code
Article 5D. Assisted Living Residences
§16-5D-3. Powers, Duties, and Rights of Secretary
§16-5D-4. Administrative and Inspection Staff
§16-5D-5. Rules; Minimum Standards for Assisted Living Residences
§16-5D-6. License Required; Application; Fees; Duration; Renewal
§16-5D-7. Cost Disclosure; Surety for Residents’ Funds
§16-5D-8. Investigation of Complaints
§16-5D-11. Enforcement Actions; Assessment of Interest; Collection of Assessments; Hearings
§16-5D-12. License Denial; Limitation, Suspension, or Revocation
§16-5D-14. Legal Counsel and Services for the Secretary
§16-5D-15. Unlawful Acts; Penalties; Injunctions; Private Right of Action
§16-5D-18. Separate Accounts for Residents' Personal Funds; Consent for Use; Records; Penalties