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 - ANTHONY G. HALKIAS
Anthony (“Tony”) G. Halkias has served as the Director of the Legal Division since 1968. Tony is a 1960 graduate of the West Virginia University School of Law. Tony serves as the primary legal advisor to the Commissioner of Highways. He handles complex litigation in all areas of highways law, and he supervises all in-house attorneys, as well as attorneys handling condemnation matters out of district offices located throughout the state.
Contact info: Anthony.G.Halkias@wv.gov
ASSISTANT DIRECTOR - JEFF J. MILLER
Jeff J. Miller is the Assistant Director of the Legal Division. Jeff holds a B.A. in English Language and Literature from West Virginia University, as well as a B.S. in Business from Fairmont State University. Jeff received his law degree from West Virginia University in 1986. One of Jeff's principal functions is contract administration. However, he also drafts agency-related legislation and rules, litigates construction contracts, and provides advice relating to outdoor advertising and salvage yards.
Contact info: Jeff.J.Miller@wv.gov
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:
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.