West Virginia Code — Chapters 11 / 11A / 11B (Taxation)

W. Va. Code § 11-10A-7

Powers and duties of Chief Administrative Law Judge; all employees, except Chief Administrative Law Judge, members of classified service; qualifications of administrative law judges

Official textcode.wvlegislature.gov13 subsections

# (a)

The Chief Administrative Law Judge is the chief executive officer of the Office of Tax Appeals and he or she may employ one person to serve as executive director, two staff attorneys, and other clerical personnel as necessary for the proper administration of this article. The Chief Administrative Law Judge may delegate administrative duties to other employees, but the Chief Administrative Law Judge is responsible for all official delegated acts.

# (1)

Upon the request of the Chief Administrative Law Judge, the Governor may appoint up to three administrative law judges as necessary for the proper administration of this article.

# (2)

All employees of the Office of Tax Appeals, except the Chief Administrative Law Judge, shall be in the classified service and shall be governed by the provisions of the statutes, rules, and policies of the classified service in accordance with the provisions of §29-6-1 et seq. of this code.

# (3)

Prior to employment by the Office of Tax Appeals, all administrative law judges shall be admitted to the practice of law in this state and have at least two years of full-time or equivalent part-time experience as an attorney with federal or state tax law expertise.

# (4)

The Chief Administrative Law Judge and all administrative law judges shall be members of the Public Employees Retirement System and do not qualify as participants in the judicial retirement system during their tenure with the Office of Tax Appeals.

# (b)

The Chief Administrative Law Judge shall:

# (1)

Direct and supervise the work of the legal staff;

# (2)

Make hearing assignments;

# (3)

Maintain the records of the Office of Tax Appeals;

# (4)

Review and approve decisions of administrative law judges as to legal accuracy, clarity and other requirements;

# (5)

Publish decisions in accordance with the provisions of §11-10A-16 of this code;

# (6)

Submit to the Legislature, on or before February 15, an annual report summarizing the Office of Tax Appeals’ activities since the end of the last report period, including a statement of the number and type of matters handled by the Office of Tax Appeals during the preceding fiscal year and the number of matters pending at the end of the year; and

# (7)

Perform the other duties necessary and proper to carry out the purposes of this article.

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