W. Va. Code R. § 197-1-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 197-1-5 - Appeals
5.1. Any person, denied services by the application review team has the right to appeal that decision. Any appeal shall be submitted in writing in the form of a letter to the chairperson of the Board and must be received by the chairperson within 30 days of receipt of an adverse decision by the appellant. There shall be a three member appeals panel appointed to hear the appeal. Two members of the panel shall be members of the Board appointed by the Chairperson and the other member of the panel shall be selected by the person filing the appeal. The appeals panel shall select a chairperson and it has the authority to render a decision by majority vote. The appeals panel shall issue a written decision within 30 days after the hearing or within 30 days of receipt of the appeal letter if a hearing on the matter is waived by joint agreement of the parties. The decision of the appeals panel is the final administrative decision. Either party may appeal the final administrative decision to the circuit court.
5.2. A person requiring assistance in making an application for moneys under this Fund shall be advised of his or her rights to appeal any decision. The person shall also be advised on where he or she may seek assistance for help in making an appeal. The person may have a representative of his or her choice present at an appeals hearing.

W. Va. Code R. § 197-1-5