W. Va. Code R. § 69-17-16

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 69-17-16 - Administrative Appeals and Judicial Review

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

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

16.3. The Circuit Court may affirm, modify, or reverse the final administrative decision. No circuit court has jurisdiction to affirm, modify, or reverse a decision of the Director if the syringe services program failed to request an administrative hearing with the Board of Review in the time frame allowed. The owner or owners, or the Secretary, may appeal the court's decision to the West Virginia Supreme Court of Appeals.

W. Va. Code R. § 69-17-16