175 S.E. 856 | W. Va. | 1934
Miller-Todd Coal Company, purchaser at a judicial sale of an operating coal property, complains of the action of the Commissioner in requiring it, upon becoming a subscriber to the Compensation Fund, to pay the maximum rate, based on the experience of the property purchased, instead of the base rate for such industry or business, and in refusing to refund all amounts paid in excess of such base rate, prior to the time when the experience of the business under appellant's management could be taken into account.
The charge of the maximum, instead of the base rate, was made under authority of Rule 19, section (c) of Rules of Practice and Procedure, theretofore promulgated by the Commissioner, or one of his predecessors, which provides: "Any employer electing to pay premiums into the Fund covering an industry or business, purchased or otherwise acquired, operated under the provisions of the Act during the twelve months last ended April thirtieth, shall be assigned to the sub-class indicated by the accident record of the plant, and shall pay the same premium rate as would have been paid by the plant had no change of ownership taken place." *328
The appellant contends that the rule aforesaid is outside the delegation of legislative authority, and that a construction bringing it within the act (Code 1931, chapter 23) would amount to an unwarranted delegation of legislative power and render such act unconstitutional as violative of the due process clause, or the equal protection clause, of the state and federal Constitutions.
We are of opinion that the delegation of specific authority to the commissioner to classify, reclassify, and to create additional groups or classes of industry for the purpose of assessments (Code 1931,
The action of the commissioner is therefore affirmed.
*329Affirmed.