(a) Any applicant or licensee who is dissatisfied with the decision of the formal hearing as a result of the hearing provided for in §16-5C-12 of this code may, within 30 days after receiving notice of the decision, petition the Circuit Court of Kanawha County, in term or in vacation, for judicial review of the decision.
(b) The court may affirm, modify, or reverse the decision of the Board of Review and either the applicant, licensee, or secretary may appeal from the courts decision to the Supreme Court of Appeals.
(c) The judgment of the circuit court shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of §29A-6-1 et seq. of this code.
Structure West Virginia Code
§16-5C-3. Powers, Duties, and Rights of Secretary
§16-5C-4. Administrative and Inspection Staff
§16-5C-5. Rules; Minimum Standards for Nursing Homes
§16-5C-6. License Required; Application; Fees; Duration; Renewal
§16-5C-7. Cost Disclosure; Surety for Resident Funds
§16-5C-8. Investigation of Complaints
§16-5C-12. License Denial, Limitation, Suspension, or Revocation
§16-5C-12a. Independent Informal Dispute Resolution
§16-5C-14. Legal Counsel and Services of the Department
§16-5C-15. Unlawful Acts; Penalties; Injunctions; Private Right of Action
§16-5C-18. Separate Accounts for Residents" Personal Funds; Consent for Use; Records; Penalties
§16-5C-19. Federal Law; Legislative Rules
§16-5C-20. Hospice Palliative Care Required to Be Offered