(a) Any applicant or licensee or the secretary who is adversely affected by the decision as a result of the formal hearing provided for in §16-5D-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 the secretary may appeal from the court’s 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
Article 5D. Assisted Living Residences
§16-5D-3. Powers, Duties, and Rights of Secretary
§16-5D-4. Administrative and Inspection Staff
§16-5D-5. Rules; Minimum Standards for Assisted Living Residences
§16-5D-6. License Required; Application; Fees; Duration; Renewal
§16-5D-7. Cost Disclosure; Surety for Residents’ Funds
§16-5D-8. Investigation of Complaints
§16-5D-11. Enforcement Actions; Assessment of Interest; Collection of Assessments; Hearings
§16-5D-12. License Denial; Limitation, Suspension, or Revocation
§16-5D-14. Legal Counsel and Services for the Secretary
§16-5D-15. Unlawful Acts; Penalties; Injunctions; Private Right of Action
§16-5D-18. Separate Accounts for Residents' Personal Funds; Consent for Use; Records; Penalties