§ 4-409. Administrative hearings.

(a)

Any person adversely affected by any action of the department, may appeal to the appeals board within sixty (60) days of such action. The board shall hear the appeal within fifteen (15) days from receipt of notice of appeal in accordance with the provisions of West Virginia Code 29A-5-1, et seq. Within five (5) days of receipt of a request for hearing, the appeals board shall provide a notice containing the date, time, place of the hearing, and a short and plain statement of the matters asserted.

(b)

The appeals board may employ a hearing examiner to conduct the hearings and present proposed findings of fact and conclusions of law to the board for its action.

(c)

The appeals board shall provide a written final decision to the aggrieved person within thirty (30) days of the close of the hearing. The final decision of the appeals board is subject to judicial review by the circuit court of competent jurisdiction. Any such appeal shall be filed with the court within thirty (30) days of the date of the final decision of the appeals board.

(Ord. of 11-8-94)