Overview of the Legal Division

The Legal Division of the West Virginia Division of Highways was created in accordance with W. Va. Code § 17-2A-7, which allows the Commissioner of Highways to employ competent legal staff to provide ordinary legal services. The Legal Division provides the Commissioner and his staff with advice and representation before local, county, state, and federal courts, as well as administrative bodies.

In-house counsel function in the following areas: condemnation, construction contracts, employment law, workers’ compensation, and litigation in various forums including state and federal courts, administrative bodies, and the Court of Claims. In addition, the Legal Division reviews, prepares, and advises the Commissioner regarding legal documents, statutes and regulations, as well as administrative policies and procedures. The Claims Section of the Legal Division conducts investigations of claims and potential claims for and against the Division of Highways and provides paralegal and related services.

In all, the Legal Division is responsible for approximately  1,400 cases in litigation, approximately 2,100 workers’ compensation cases, and numerous contract, property, and other legal issues.


DIRECTOR - MICHAEL J. FOLIO

Contact info:     Michael.J.Folio@wv.gov

                           (304) 558-2823


HOW TO MAKE A REQUEST UNDER THE FREEDOM OF INFORMATION ACT:

The West Virginia Freedom of Information Act ("FOIA"), W. Va. Code § 29B-1-1 et seq., governs all requests to the Division of Highways to copy or inspect public records. All such requests are routed to the Legal Division for disposition.

Please address all FOIA requests as follows:

Records Custodian
c/o Legal Division
West Virginia Department of Transportation/Division of Highways
1900 Kanawha Boulevard East
Building 5, Room 517
Charleston, West Virginia 25305

Ensure that your request (1) identifies, with reasonable specificity, the public record/s you seek; and (2) states whether you wish to inspect or to copy the record/s.

The Division may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of public records.

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