(a) The clerk of the West Virginia Legislative Claims Commission, upon receipt of
the claim investigator's finding of fact and recommendation, shall forward a copy
of the finding of fact and recommendation to the claimant with a notice informing
the claimant that any response, in the form of objections or comments directed to
the finding of fact and recommendation, must be filed with the clerk within thirty
days of the date of the notice. After the expiration of such thirty-day period, the clerk shall assign the claim
to a commissioner.
(b) The commissioner to whom the claim is assigned shall review the finding of fact
and recommendation and any response submitted by the claimant and, if deemed appropriate,
may request the claim investigator to comment in writing on the claimant's response. The commissioner shall, within forty-five days after assignment by the clerk, evaluate
the claim without a hearing and either deny the claim or approve an award of compensation
to the claimant.
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