West Virginia Code § 16-2D-16

Appeal of certificate of need a decision
Open in Lexace · Ask the AI about this section
(a) An applicant or an affected person may appeal the authority's final decision in a
certificate of need review to the Office of Judges. The request shall be received within thirty
days after the date of the authority's decision. The appeal hearing shall commence within
thirty days of receipt of the request.
(b) The Office of Judges shall conduct its proceedings in conformance with the West Virginia
Rules of Civil Procedure for trial courts of record and the local rules for use in the civil
courts of Kanawha County and shall review appeals in accordance with the provisions
governing the judicial review of contested administrative cases iun article five, chapter
twenty-nine-a of this code.
(c) The decision of the Office of Judges shall be made in writing within forty-five days after
the conclusion of the hearing.
(d) The written findings of the Office of Judges shalll be sent to the person who requested the
appeal, to the person proposing the proposed shealth service and to the authority, and shall
be made available by the authority to others upon request.
(e) The decision of the Office of Judges shall be considered the final decision of the authority;
however, the Office of Judges may remand the matter to the authority for further action or
consideration.
(f) Upon the entry of a final decision by the Office of Judges, an affected person may within
thirty days after the date of the decision of the Office of Judges make an appeal in the circuit
court of Kanawha County. The decision of the Office of Judges shall be reviewed by the
circuit court in accor dance with the provisions for the judicial review of administrative
decisions conVtained in article five, chapter twenty-nine-a of this code.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.