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Article 1. Claims Due the State
§14-1-1. Who May Prosecute Debt Proceedings - The Auditor, commissioner of finance and administration and any other...
§14-1-2. Method of Proceeding; Jurisdiction; Venue; Suing in Name of State - When the proceeding is at law, it may be by...
§14-1-3. Parties Defendant; Form of Judgment - The action or motion at law may be against any...
§14-1-4. Expedition of Proceedings - Courts wherein cases are pending to which the state is...
§14-1-5. Form of Writ of Fieri Facias; Sale of Real Estate - In a writ of fieri facias issuing out of any...
§14-1-6. To Whom Execution Directed - An execution in favor of the state, from any court,...
§14-1-7. Order of Levy - Every writ of fieri facias issued according to the fifth...
§14-1-8. Sale of Real Estate Under Execution -- Notice; Place - When a levy is so made upon real estate, the...
§14-1-9. Sale of Real Estate Under Execution -- Conduct; Sale of Parcels - If the amount of the execution and all the costs...
§14-1-10. Sale of Real Estate Under Execution -- Terms of Sale - The sale shall be upon six months' credit; and, if...
§14-1-11. Sale of Real Estate Under Execution -- Conveyance - So soon as the purchaser shall pay the purchase money,...
§14-1-12. Sale of Real Estate Under Execution -- Execution of Deeds in Certain Cases - When the officer and his deputy who acted in making...
§14-1-13. Sale of Real Estate Under Execution -- Resale on Default of Purchaser -- Judgment and Execution on Purchaser's Note - When any note taken under section ten of this article...
§14-1-14. Sale of Real Estate Under Execution -- Resale on Default of Purchaser -- Judgment Against Personal Representatives - Against the personal representatives of such of the obligors as...
§14-1-15. Sale of Real Estate Under Execution -- Property Unsold for Want of Bidders - When return is made on any execution issued under the...
§14-1-16. Sale of Real Estate Under Execution -- Purchase of Lands for State - When land levied on under execution on behalf of the...
§14-1-17. Sale of Real Estate Under Execution -- Return of Execution Where Property Encumbered - In any case in which an officer having an execution...
§14-1-18. Settlement or Dismissal of Claims - The commissioner of finance and administration, Auditor or other officer...
§14-1-18a. Consignment of Claims to Debt Collector - Any account, claim or debt that an agency of this...
§14-1-18b. Regulations Applicable to Debt Collectors - The commissioner of finance and administration shall promulgate rules and...
§14-1-18c. List of Eligible Debt Collectors; Statutory Limitations Applicable to Debt Collectors - The State Tax Commissioner shall establish and maintain a list...
§14-1-19. Appointment of Collection Agents by Auditor - The Auditor, subject to the approval of the commissioner of...
§14-1-20. Lands of State List by Clerk - The clerks of the county courts shall transmit to the...
§14-1-21. Lands of State Registration by Auditor - (a) The Auditor shall, in a book kept for the...
§14-1-22. Lands of State -- Sale - The Auditor may sell, or appoint an agent to sell,...
§14-1-23. Lands of State -- Record of Sale - In the book kept under the provisions of section twenty-one...
§14-1-24. Compensation of Auditor's Agents for Collection of Debts - For the service rendered to the Auditor by any agent...
§14-1-25. Execution of Deeds in Certain Cases - Any agent selling land under the provisions of section twenty-two...
§14-1-26. Reports to Legislature - The commissioner of finance and administration and the Auditor shall...
§14-1-27. Debts Due State From Sheriffs or Other Officers -- Sale - The Auditor may, with the advice and consent of the...
§14-1-28. Debts Due State From Sheriffs or Other Officers -- Notice of Sale - The sheriff, after having received a transcript of the account...
§14-1-29. Debts Due State From Sheriffs or Other Officers -- Mode and Terms of Sale - The sheriff to whom such claim or account is certified...
§14-1-30. Debts Due State From Sheriffs or Other Officers -- Return of Sale; Exceptions to Sale; Resale - Within ten days after making such sale, the sheriff shall...
§14-1-31. Debts Due State From Sheriffs or Other Officers -- Confirmation of Sale; Certification to Auditor - In cases where no exceptions are filed to the report,...
§14-1-32. Debts Due State From Sheriffs or Other Officers -- Sending Purchase Money and Notes for Debts to Auditor; Collection of Notes - Within thirty days after the confirmation of said report, the...
§14-1-33. Debts Due State From Sheriffs or Other Officers -- Rights of Purchaser of Such Debts - The purchaser of any accounts or claims so sold under...
§14-1-34. Commissions to Sheriff; Payment of Publication Costs - The sheriff, for performing the duties required of him by...
§14-1-35. Transfer by Defaulting Officer or Surety - In any proceeding had under the provisions of this article...
§14-1-36. Settlement With Sureties - Whenever it shall appear to the satisfaction of the Auditor...
§14-1-37. United States Treasury Offset Program Authorized; Setoff of Federal Debts - (a) The auditor is authorized to enter into an agreement...
Article 1A. Debt Resolution Services
§14-1A-1. Purpose - The purpose of this article is to provide for a...
§14-1A-2. Definitions - For purposes of this article, the term: “Auditor” means the...
§14-1A-3. Division Established - (a) The Auditor may establish a “Debt Resolution Services Division”...
Article 2. Claims Against the State
§14-2-1. Purpose - The purpose of this article is to provide a simple...
§14-2-2. Venue for Certain Suits and Actions - (a) Any suit, action, or proceeding in which the state,...
§14-2-2a. Venue for Suits and Actions Involving State Institutions of Higher Education - (a) Notwithstanding the provisions of §14-2-2 of this code, any...
§14-2-3. Definitions - For the purpose of this article: “Commission” means the West...
§14-2-4. Court of Claims to Be Continued and Renamed the West Virginia Legislative Claims Commission; Appointment and Terms of Commissioners; Vacancies - The “Court of Claims” is hereby renamed the West Virginia...
§14-2-4a. Interim Commissioners - (a) If at any time two or more of the...
§14-2-5. Commission Clerk and Other Personnel - The President of the Senate and the Speaker of the...
§14-2-7. Meeting Place of the Commission - The regular meeting place of the commission shall be at...
§14-2-8. Compensation of Commissioners; Expenses - Each commissioner shall receive $210 for each day actually served...
§14-2-9. Oath of Office - Each commissioner shall before entering upon the duties of his...
§14-2-10. Qualifications of Commissioners - Each commissioner appointed to the West Virginia Legislative Claims Commission...
§14-2-11. Attorney General to Represent State - Unless expressly exempted in the code, the Attorney General shall...
§14-2-12. General Powers of the Commission - The commission shall, in accordance with this article, consider claims...
§14-2-13. Jurisdiction of the Commission - The jurisdiction of the commission, except for the claims excluded...
§14-2-13a. Claims for Unjust Arrest and Imprisonment or Conviction and Imprisonment - (a) Legislative intent. The Legislature finds and declares that innocent...
§14-2-14. Claims Excluded - The jurisdiction of the commission shall not extend to any...
§14-2-15. Rules of Practice and Procedure - The commission shall adopt and may from time to time...
§14-2-16. Regular Procedure - The regular procedure for the consideration of claims shall be...
§14-2-17. Shortened Procedure - The shortened procedure authorized by this section shall apply only...
§14-2-17a. Shortened Procedure for Road Condition Claims - Notwithstanding the regular and shortened procedures provided for in §14-2-16...
§14-2-19. Claims Under Existing Appropriations - A claim arising under an appropriation made by the Legislature...
§14-2-20. Claims Under Special Appropriations - Whenever the Legislature makes an appropriation for the payment of...
§14-2-21. Periods of Limitation Made Applicable - The commission shall not take jurisdiction of any claim, whether...
§14-2-22. Compulsory Process - In all hearings and proceedings before the commission, the evidence...
§14-2-23. Inclusion of Awards in Budget - The clerk shall certify to the department of finance and...
§14-2-24. Records to Be Preserved - The record of each claim considered by the commission, including...
§14-2-25. Reports of the Commission - The clerk shall be the official reporter of the commission....
§14-2-26. Fraudulent Claims - A person who knowingly and willfully presents or attempts to...
§14-2-27. Conclusiveness of Determination - Any final determination against the claimant on any claim presented...
§14-2-28. Award as Condition Precedent to Appropriation - (a) It is the policy of the Legislature to make...
§14-2-29. Severability - If any provision of this article or the application thereof...
Article 2A. Compensation Awards to Victims of Crimes
§14-2A-1. Short Title - The act heretofore created by this article and known and...
§14-2A-2. Legislative Findings; Purpose and Intent - The Legislature finds and declares that a primary purpose of...
§14-2A-3. Definitions - As used in this article, the term: (a) "Claimant" means...
§14-2A-4. Creation of Crime Victims Compensation Fund - (a) Every person within the state who is convicted of...
§14-2A-5. Jurisdiction - Any commissioner of the West Virginia Legislative Claims Commission individually,...
§14-2A-6. Compensation of Commissioners Serving Under This Article - Compensation of commissioners for services performed under this article, and...
§14-2A-8. Commissioners' Oath of Office - Each commissioner shall, before entering upon the duties of his...
§14-2A-9. Claim Investigators; Compensation and Expenses; Paralegals and Support Staff - The West Virginia Legislative Claims Commission, with the approval of...
§14-2A-10. Filing of Application for Compensation Award; Contents - (a) A claim for an award of compensation shall be...
§14-2A-11. Procedure for Filing of Application - The clerk of the West Virginia Legislative Claims Commission shall...
§14-2A-11a. Application When the Victim Is the Subject of a Civil Abuse or Neglect Petition; Confidentiality of Records - (a) An application for benefits on behalf of a minor...
§14-2A-12. Investigation and Recommendations by Claim Investigator - (a) The clerk of the West Virginia Legislative Claims Commission...
§14-2A-13. Notice to Claimant of Claim Investigator’s Recommendation; Evaluation of Claim by Commissioner - (a) The clerk of the West Virginia Legislative Claims Commission,...
§14-2A-14. Grounds for Denial of Claim or Reduction of Awards; Maximum Award - (a) Except as provided in 14-2A-10(b) of this code, the...
§14-2A-14a. Establishing a Limitation on Benefits - All claims shall be considered closed and no longer eligible...
§14-2A-15. Hearings - (a) If either the claim investigator or the claimant disagrees...
§14-2A-16. Evidence - (a) There is no privilege, except the privilege arising from...
§14-2A-17. Contempt Sanction Not Available - If a person refuses to comply with an order under...
§14-2A-18. Effect of No Criminal Charges Being Filed or Conviction of Offender - The commission or a commissioner thereof, may approve an award...
§14-2A-19. Attorney and Witness Fees - (a) By separate order, the commission or a commissioner thereof,...
§14-2A-19a. Effect on Physician, Hospital and Healthcare Providers Filing an Assignment of Benefits; Tolling of the Statute of Limitations - (a) As part of the order, the commission or a...
§14-2A-19b. Rates and Limitations for Health Care Services - The commission may establish by rule or order maximum rates...
§14-2A-20. Budget Preparation; Procedure for Payment of Claims - (a) The Legislative Auditor shall submit to the Department of...
§14-2A-21. Annual Report of West Virginia Legislative Claims Commission - The West Virginia Legislative Claims Commission shall prepare and transmit...
§14-2A-22. State's Subrogation to Claimant's Rights - If an award of compensation is made under the provisions...
§14-2A-23. Subrogation Rights of Collateral Source - Subrogation rights which a collateral source may have shall not...
§14-2A-24. Award Not Subject to Execution or Attachment; Exceptions - An award is not subject to execution, attachment, garnishment or...
§14-2A-25. Publicity - (a) The clerk of the West Virginia Legislative Claims Commission...
§14-2A-26. Rule-Making - (a) The West Virginia Legislative Claims Commission may promulgate rules...
§14-2A-27. Application of Article - The provisions of this article shall not apply to any...
§14-2A-28. Retroactive Effect of Amendments - Amendments made to the provisions of this article during the...
§14-2A-29. Retroactive Effect of Amendments - Amendments made to the provisions of this article during the...
Article 2B. Distribution of Crime Profits
§14-2B-1. Short Title - This article shall be known and may be cited as...
§14-2B-2. Legislative Findings; Purpose and Intent - The Legislature finds and declares that it is a violation...
§14-2B-3. Definitions - As used in this article: (a) "Crime" means any offense...
§14-2B-4. Notice of Contract With Defendant; Payment Over of Crime Profits to Prosecutor; Placing of Crime Profits Into Escrow Account - (a) Every person, firm, corporation, partnership, association or other legal...
§14-2B-5. Prosecutor to Commence Action to Distribute Profits From Crime; Joinder of Parties; Statute of Limitations; Issues to Be Determined in Action - (a) The prosecutor shall, within six months of the receipt...
§14-2B-6. Authority of Prosecutor to Make Payments From Escrow Account for the Necessary Expenses of Protection of Moneys Paid Into the Escrow Account; Payment of Moneys to Defendant When Charges Dismissed Prior to Filing of Interpleader Action - (a) The prosecutor may in his or her discretion, and...
§14-2B-7. Prosecutor to Distribute Funds as Ordered by Court; Court to Order Distribution of Funds - (a) Except as otherwise provided in this article, the prosecutor...
§14-2B-8. Priorities of Claims to Moneys in Escrow Account - (a) The court, in ordering relief pursuant to this article,...
§14-2B-9. Acts to Defeat Intent of Article Void as Against Public Policy - Any action taken by any defendant, whether by way of...
§14-2B-10. Consent to Jurisdiction - A person who commits a crime in this state submits...
§14-2B-11. Failure of Defendant or Person, Firm, Corporation, Partnership, Association or Other Legal Entity Contracting With Defendant to Provide Notice to Prosecutor or Pay Over Moneys to Prosecutor as Required by This Article; Civil Penalty of Tre... - Notwithstanding any provision of this article to the contrary, if...
Article 3. Interest on Public Contracts
§14-3-1. Payment of Interest by the State on Contracts When Final Payment Is Delayed - All public contracts let in accordance with article three, chapter...
§14-3-2. Approving Authority - The approving authority provided for in section one of this...
§14-3-3. Source of Funds for Payment of Interest - Payment of interest as provided by this article shall be...