W. Va. Code R. § 52-1-2 - Notice of Appeal; Answer
2.1. Parties to
the Appeal. A person appealing an action of the chief shall be known as the
appellant, and the chief shall be known as the appellee.
2.2. Notice of Appeal. The adjudicatory process
commences by filing a notice of appeal.
a. Form.
The notice of appeal shall be in the form as prescribed in appendixA. Forms for
filing the notice of appeal may be obtained from the clerk of the boards, 601
57th Street, S.E., Charleston, West Virginia 25304,
(304) 926-0445. All subsequent submissions shall be captioned in the same manner
as the notice of appeal.
b. When to
file. An appeal filed by a person authorized by statute to seek review of an
order, permit or official action shall be perfected by filing a notice of appeal
with the board within thirty (30) days after the date upon which service of such
order, permit or official action was complete. For persons entitled by statute to
appeal the failure or refusal of the appropriate chief or the director to act
within a reasonable time on an application for a permit, such notice of appeal
shall be filed within a reasonable time.
c. Content. The notice of appeal shall set
forth the action complained of, and in separate numbered paragraphs the specific
objections to the action, including questions of fact and law to be resolved by
the board. The objections may be factual or legal. An objection not raised by the
appeal shall be deemed waived, provided that, upon good cause shown, the board
may agree to hear the objection. The notice of appeal shall conclude with the
address, telephone number, and signature of the appellant or his or her attorney
of record.
d. Attachments. Appellant
shall attach the written notification of the action appealed from to the notice
of appeal.
e. Service on Permit
Holder. When an appeal of a permit is filed by a party or parties who are not the
holders 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.
f. Filing of Notice of
Appeal on the Chief. In accordance with W. Va. Code §
22B-1-7(d), within
seven (7) days after receipt of the notice of appeal, the board shall file a copy
of the notice of appeal with the appropriate chief or director, and with the
Office of Legal Services, West Virginia Department of Environmental
Protection.
2.3. Answer.
The appellee may file a written answer to the notice of appeal. If an answer is
filed, it shall be filed within twenty one (21) days from receipt of the notice
of appeal.
Notes
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