2005 West Virginia Code - §22A-7-9. — Saving provisions.

§22A-7-9. Saving provisions.

(a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses and privileges which have been issued, made, granted, or allowed to become effective by the governor, any state department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this article to the secretary, to the director, or to the office, and which are in effect on the date such transfer occurs, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked in accordance with law by the governor, the secretary, the director, or other authorized official, a court of competent jurisdiction or by operation of law.
(b) The provisions of this article shall not affect any proceedings, including notices of proposed rule making, or any application for any license, permit, certificate, or financial assistance pending before any department, division or other office, functions of which are transferred by this article. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this article had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the governor, the secretary, the director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceedings under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this article had not been enacted. The director is authorized to propose legislative rules in accordance with the provisions of chapter twenty-nine-a of this code for the orderly transfer of proceedings continued under the provisions of this subsection.
(c) Except as provided in subsection (e) of this section, the provisions of this article shall not affect suits commenced prior to the effective date of any transfer of functions or offices made pursuant to the provisions of this article, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner with like effect as if this article had not been enacted.
(d) No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any department, division or other office, functions of which are transferred pursuant to the provisions of this article, shall abate by reason of the enactment of this article. No cause of action by or against any department, division or other office, functions of which are transferred pursuant to the provisions of this article, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this article.
(e) If, before the transfer of any function or office pursuant to the provisions of this article, any department, division or other office, or officer thereof in the official capacity of such officer, is a party to a suit, and under this article any function of such department, division or other office, or officer is transferred to the secretary, the director or other officer of the office, then such suit shall be continued with the secretary, the director or other appropriate officer substituted or added as a party.
(f) Orders and actions of the secretary or director in the exercise of functions transferred under this article shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by such department, division or other office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirement relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred pursuant to the provisions of this article shall apply to the exercise of such function by the secretary, the director or other officer.