W. Va. Code R. § 135-20-11

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

Section 135-20-11 - Appeals

11.1. An institution adversely affected by an order made and entered by the Council in accordance with Section 10 of this rule or aggrieved by a decision denying an application for initial authorization as set forth in Sections 7 and 8 of this rule may appeal such order or decision in accordance herewith: Provided, That the institution shall submit its written appeal to the Chancellor within 10 business days of receiving the decision giving rise to the complaint.

11.2. The Chancellor shall conduct the hearing in accordance with the West Virginia Administrative Procedures Act, W. Va. Code § 29A-5-1, et seq.

11.3. The Council shall establish a procedural rule in accordance with W. Va. Code § 29A-3A-1, et seq. for the regulation and conduct of all proceedings in appeal before it.

11.4. The Chancellor may retain, on an as-needed basis, individuals to serve as hearing examiners, court reporters, or other such personnel to assist the Council with hearing and administering such appeals.

11.5. Nothing in this rule in any way affects or limits the due process protections or other protections afforded to proprietary schools pursuant to either W. Va. Code § 18B-2B-9 or 135 C.S.R. 35, Business, Occupational, and Trade Schools.

W. Va. Code R. § 135-20-11