Current through Register Vol. XLI, No. 39, September 27, 2024
Section 52-1-2 - Notice of Appeal; Answer2.1. 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.