W. Va. Code R. § 69-12-33

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

Section 69-12-33 - Administrative Appeals and Judicial Review

33.1. Any owner of an OBMAT program who disagrees with the final administrative decision as a result of the hearing may, within 30 days after receiving notice of the decision, appeal the decision of the Circuit Court of Kanawha County or in the county where the petitioner resides or does business.

33.1.1. The filing of a petition for appeal does not stay or supersede enforcement of the final decision or order of the Secretary. An appellant may apply to the circuit court for a stay of or to supersede the final decision or order.

33.1.2. The Circuit Court may affirm, modify, or reverse the final administrative decision. The owner or owners, or the Secretary may appeal the court's decision to the Supreme Court of Appeals.

W. Va. Code R. § 69-12-33