West Virginia Code
Article 5B. Hospitals and Similar Institutions
§16-5B-7. Judicial Review

Any applicant or licensee who is dissatisfied with the decision of the state department of health as a result of the hearing provided in section six may, within thirty days after receiving notice of the decision, appeal to the circuit court, in term or in vacation, of the county in which the applicant or licensee is located for judicial review of the decision. The court may, if it so desires, refer the matter to a commissioner in chancery for a hearing, with a request that he report to the court his findings of fact together with his recommendation.
The department shall promptly certify and file in the court the transcript of the hearings on which its decision is based.
Findings of fact by the department shall be considered as prima facie correct, but the court may remand the case to the department for the taking of further evidence. The department may thereupon make new or modified findings of fact which shall likewise be considered as prima facie correct. All evidence in the case shall be held secret until the final order is issued by the court which order shall be made public.
The court shall have the power to affirm, modify or reverse the decision of the department and either the applicant or licensee or the department may appeal from the court's decision to the Supreme Court of Appeals. Pending the final disposition of the matter the status quo of the applicant or licensee shall be preserved.

Structure West Virginia Code

West Virginia Code

Chapter 16. Public Health

Article 5B. Hospitals and Similar Institutions

§16-5B-1. Health Facilities and Certain Other Facilities Operated in Connection Therewith to Obtain License; Exemptions; Meaning of Hospital, etc.

§16-5B-2. Hospitals and Institutions to Obtain License; Qualifications of Applicant

§16-5B-3. Application for License

§16-5B-4. License Fees

§16-5B-5. Inspection

§16-5B-5a. Accreditation Reports Accepted for Periodic License Inspections

§16-5B-6. State Director of Health to Issue Licenses; Suspension or Revocation

§16-5B-6a. Consumer Majorities on Hospital Boards of Directors

§16-5B-7. Judicial Review

§16-5B-8. State Board of Health to Establish Standards; Director Enforces

§16-5B-9. Hospitals and Similar Institutions Required to Supply Patients, Upon Request, With One Specifically Itemized Statement of Charges Assessed to Patient, at No Cost to Patient

§16-5B-10. Information Not to Be Disclosed; Exception

§16-5B-11. Violations; Penalties

§16-5B-12. Injunction; Severability

§16-5B-13. Hospital-Based Paternity Program

§16-5B-14. The Critical Access Hospital Designation Act

§16-5B-15. Hospital Visitation

§16-5B-16. Public Notice Regarding the Closure of a Licensed Health Care Facility or Hospital

§16-5B-17. Healthcare-Associated Infection Reporting

§16-5B-18. Designation of Comprehensive, Primary, Acute, and Thrombectomy Capable Stroke-Ready Hospitals; Reporting Requirements; Rulemaking

§16-5B-19. Hospital Police Departments; Appointment of Hospital Police Officers; Qualifications; Authority; Compensation and Removal; Law-Enforcement Grants; Limitations on Liability