Current through Register Vol. XLI, No. 50, December 13, 2024
Section 28-2-8 - Administrative Hearings; Appeals8.1. Any person adversely affected by any action of the Board, other than an action taken by the Board as the result of any administrative hearing conducted before the Board, may appeal to the Board within 60 calendar days of the action: Provided, That appeals from disciplinary actions shall follow the time frame of W. Va. Code §30-42-15(e). The Board shall hear the appeal within 30 calendar days from the receipt of notice of appeal in accordance with the provisions of W. Va. Code §29A-5-1 et seq. Within five days of receipt of a request for hearing, the Board shall provide a notice containing the date, time, and place of the hearing and a short and plain statement of the matters asserted.8.2. The Board may employ a hearing examiner to conduct the hearings and present proposed findings of fact and conclusions of law to the Board for its action.8.3. The Board shall provide a written final decision to the aggrieved person within 30 calendar days of the close of hearing. The Board's final decision is subject to judicial review by a circuit court of competent jurisdiction as provided by W. Va. Code §30-42-15(f). Any appeal must be filed with the circuit court within 30 calendar days of the date of receipt of the Board's final decision.