Appeal Process 1

HOW TO FILE AN APPEAL


The person appealing an action of the Secretary/Director or the director’s designee shall be known as the appellant, and the director or the director’s designee shall be known as the appellee.

The notice of appeal shall be on a form that can be obtained by clicking here by contacting the clerk of the board, 601 - 57th Street, Charleston, WV 25304 or calling (304)926-0445. Completed forms should be returned to the clerk within seven (7) days of receipt of the form. All subsequent submissions shall be captioned in the same manner as the notice of appeal. 

WHEN TO FILE AN APPEAL

An appeal filed with a board by a person subject to an order, permit or official action shall be perfected by filing a notice of appeal with the board within thirty days after the date upon which such order, permit or official action was received by such person as demonstrated by the date of receipt of registered or certified mail or of personal service. For parties entitled to appeal other than the person subject to such order, permit or official action, an appeal shall be perfected by filing a notice of appeal with the board within thirty days after the date upon which service was complete. For purposes of this subsection, service is complete upon tendering a copy to the designated agent or to the individual who, based upon reasonable inquiry, appears to be in charge of the facility or activity involved, or to the permittee; or by tendering a copy by registered or certified mail, return receipt requested to the last known address of the person on record with the agency. Service is not incomplete by refusal to accept. Notice of appeal must be filed in a form prescribed by the rule of the board for such purpose. Persons entitled to appeal may also file a notice of appeal related to the failure or refusal of the appropriate chief or the secretary to act within a specified time on an application for a permit; such notice of appeal shall be filed within a reasonable time (22B-1-7)

The appellant shall attach the written notification of the action appealed from to the notice of appeal.

When an appeal of a permit is filed by a party who is not the holder of the permit, the issuance of which, or the terms and conditions of which are being appealed, the third party appellant shall serve upon the holder of the permit a copy of the notice of appeal at the same time that such notice of appeal is filed with the board. The holder of the permit shall be considered a party in interest in the appeal proceedings and shall have the right to intervene in the appeal.

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