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The Dome Report - 2021 West Virginia Legislative Update: Issue 4 | Spilman Thomas & Battle, PLLC


 increases political oversight and control over rules promulgated by local health boards. The bill requires a 30-day public comment period for new or amended rules and authorizes county commissions to approve, disapprove, and even amend such health rules. Where there is joint control over a health department, such as between a municipality and a county, but only one of those entities approves a new or amended rule, then such rule would be in effect only in the approving jurisdiction. The bill would not affect existing rules, unless such are amended by the health department. Finally, the bill requires local health departments to come under the control of the state health officer during a state of emergency in that county. Certain healthcare related citizens groups, including clean indoor air advocates, have expressed opposition to the bill and may ask the Governor to veto it. ....

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The Dome Report - 2021 West Virginia Legislative Update: Issue 3 | Spilman Thomas & Battle, PLLC


SB 275
would create an Intermediate Court of Appeals whose decisions would be accorded precedential effect by the lower courts. The bill establishes northern and southern districts within West Virginia, each with a three-judge panel to hear appeals arising out of their respective geographical area. The judges are to be appointed by the Governor, with the advice and consent of the Senate, to staggered terms of two, four, and six years. The Committees amended the original bill in certain key areas. For instance, after expiration of their initial terms, the judges will run for full 12-year terms in non-partisan elections. Furthermore, the Intermediate Court of Appeals will not have any original jurisdiction. After June 30, 2022, it will have appellate jurisdiction over such matters as final judgments or orders of a circuit court in civil cases, final judgments or orders of a family court, and decisions of an agency or an administrative law judge. Appeals from its decisions to the ....

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