W. Va. Code R. § 112-19-13

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

Section 112-19-13 - Appeals Process

13.1. The Chair shall appoint a three-member standing committee on appeals to be the arbiter of all appeals submitted to the Board: Provided, That the committee previously known as the "subcommittee on appeals" shall continue in existence to perform the duties of the standing committee on appeals, as described in this section, and shall hereinafter be known as the committee on appeals.

13.2. In the event a program beneficiary, applicant, or education service provider wishes to appeal a final decision of the Board, they must submit the appeal to the Board on a form prescribed by the Board within forty-five (45) calendar days of the final Board decision subject to appeal.

13.3. The committee on appeals shall complete its review of a properly submitted appeal within forty-five (45) calendar days of the date on which the appeal is submitted to the Board, and shall notify the program beneficiary, applicant, or education service provider of the decision rendered on the appeal within fifteen (15) calendar days following the completion of the committee's review. If the committee on appeals determines that additional information is necessary to complete its review of an appeal, the committee may suspend the forty-five (45) calendar day period for appeal review set forth in this subsection, pending the committee's request for and receipt of additional information from the appellant and the time needed for the committee to reconvene.

13.4. If an appeal involves a Board action terminating an individual or entity's program participation or disqualifying an individual or entity from program participation based on a finding of misconduct, the committee on appeals shall render its decision on the appeal in the form of a recommendation to the full Board, submitted to the Chair. The Board shall receive and consider the recommendation at the next occurring full meeting of the Board following the committee's submission to the Chair. The outcome of the appeal is not final until the full Board acts upon the committee's recommendation and adopts a decision on the appeal by majority vote. For appeals subject to this subsection, the Board shall notify the program beneficiary, applicant, or education service provider of the full Board's final decision on the appeal within fifteen (15) calendar days following the decision.

W. Va. Code R. § 112-19-13