West Virginia Code § 16-2D-16a

Transfer of appellate jurisdiction to Intermediate Court of Appeals
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(a) Notwithstanding any other provision of this article, effective July 1, 2022:
(1) The Office of Judges may not review a decision of the authority, issued after June 30,
2022, in a certificate of need review. On or before September 30, 2022, the Office of Judges
shall issue a final decision in, or otherwise dispose of, each and every appeal, pending before
the Office of Judges, of a decision by the authority in a certificate of need review.
(2) An appeal of a final decision in a certificate of need review, issued by the authority after
June 30, 2022, shall be made to the West Virginia Intermediate Cuourt of Appeals, pursuant to
the provisions governing the judicial review of contested administrative cases in §29A-5-1 et
seq. of this code.
(b) If the Office of Judges does not issue a final decisioan or otherwise dispose of any appeal
of a decision of the authority in a certificate of need review on or before September 30,
2022, the appeal shall be transferred to the Intermlediate Court of Appeals, as provided in
§29A-5-4 of this code. For any appeal transfersred pursuant to this subsection, the
Intermediate Court of Appeals shall adopt any existing records of evidence and proceedings
in the Office of Judges, conduct further proiceedings as it considers necessary, and issue a
final decision or otherwise dispose ogf the case pursuant to the provisions governing the
judicial review of contested administrative cases in §29A-5-1 et seq. of this code.

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