W. Va. Code R. § 103-1-15

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 103-1-15 - Orders and Decisions of the State Fire Marshal

15.1. State Fire Marshal's Order and Decisions are final and Conclusive - Any order or final written decision of the State Fire Marshal based upon or made in the course of the administration or enforcement of the provisions of W. Va. Code §§ 29-3C-1 et seq. based upon or made pursuant to this rule, is final, unless vacated or modified upon review pursuant to the appeal rights and procedures provided by W. Va. Code § 15A-10-1 et seq. and this rule.

15.2. Judicial Review. -- Any order or final written decision of the State Fire Marshal shall contain a notice that compliance therewith shall be required within a period of 30 days from the date of issuance thereof and also that any person desiring to contest the validity of any such order or decision may enter an appeal from such order or decision to the Office of Administrative Hearings established in W.Va. Code § 15A-9-1et seq. of this code. Then a party may appeal the hearing examiner's decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all "[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022" per West Virginia Code § 51-11-4(b)(4).