Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-7-19 - Judicial Review19.1. Any final decision of the Office of Judges granting, denying or withdrawing a certificate of need or exemption may be appealed to the Circuit Court of Kanawha County or to the circuit court of the county in which the petitioner or any of the petitioners reside or do business. The appellant shall file an appeal within thirty (30) days after the date the appellant received notice of the decision of the Office of Judges.19.2. Any party adversely affected by the Office of Judges review has standing to file an appeal. For the purposes of this section, a "person adversely affected by the review" means the board and any person who meets the definition of "affected person" under section 2 of the Act.19.3. For the purposes of this section, no decision of the board is considered final until it is reviewed by the Office of Judges pursuant to section 18 of this rule or until the time for an appeal has elapsed. No circuit court has jurisdiction to consider a decision of the board if the petitioner has failed to file a request for review with the Office of Judges within the time permitted under section 18 of this rule, or, if a request for review was filed, the person requesting the review has failed to pursue the review and the Office of Judges has dismissed the request for review with prejudice.