W. Va. Code §§ 16B-18-1 to 16B-18-21 § 16B-18-12
Subpoenas; giving of evidence; witness fees; enforcement of subpoenas.
Operative Text
The commission may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this article. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the circuit courts of this state. Witnesses summoned by a subpoena under this article shall be entitled to the same witness and mileage fees as witnesses in proceedings in the circuit courts of this state. Fees payable to a witness summoned by a subpoena shall be paid by the commission, the complainant or the respondent in accordance with §29A-5-1 et seq. of this code. Enforcement of subpoenas may be had in the circuit courts of this state as set out in §29A-5-1 et seq. of this code.
West Virginia Code § 16B-18-12 grants the West Virginia Human Rights Commission the authority to issue subpoenas and order discovery during fair housing investigations and hearings, with the same scope and limitations that apply in the state's circuit courts. Witnesses who are subpoenaed are entitled to the same fees and mileage reimbursements as witnesses in circuit court proceedings, with costs allocated among the commission, complainant, or respondent. If a subpoena is not complied with, it can be enforced through the circuit courts under the procedures set out in the state's administrative procedures code.
Plain English — not legal advice.
Under § 16B-18-12, property owners and managers who are named as respondents in a fair housing complaint should be aware that the commission holds broad subpoena and discovery powers comparable to those of a civil court. A compliant operator generally cooperates with lawfully issued subpoenas, preserves relevant records, and understands that non-compliance can be taken to circuit court for enforcement. Respondents may also bear responsibility for paying witness fees in certain circumstances as determined under the applicable code provisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 16B-18-12 supports complainants by giving the West Virginia Human Rights Commission strong investigative tools, including the ability to compel testimony and obtain documents through subpoenas and discovery orders. If you have filed a fair housing complaint, this provision means the commission can gather evidence on your behalf using the same mechanisms available in civil court proceedings. Tenants who believe their fair housing rights have been violated may consult a tenant-rights organization or legal aid provider to better understand how these investigative powers could apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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