West Virginia Code of State Rules Agency 84 - Board Of Review
1. Purpose of the Board of Review
The Board of Review in West Virginia is established to serve as an administrative appellate body. Its main purpose is to review decisions made by lower state agencies or officials, particularly regarding matters where disputes arise between citizens and the state, or within state administrative frameworks. It acts as a check and balance to ensure fairness, accuracy, and consistency in administrative decisions.
2. Composition of the Board
The Board is typically composed of a panel of members, appointed according to rules set by the state agency.
Members may include professionals with expertise in the specific area under review, ensuring that decisions are well-informed.
There is usually a chairperson who oversees the functioning of the Board and coordinates hearings and decisions.
The Board may also appoint administrative staff to support its functions, including clerks and record-keepers.
3. Jurisdiction
The Board of Review has the authority to hear appeals on matters such as:
Disputes arising from determinations of state agencies.
Administrative decisions affecting benefits, licenses, permits, or other entitlements.
Complaints about procedural or substantive errors made by the initial decision-making body.
The Board does not make new laws or establish new policies; its role is strictly review and evaluation of decisions made under existing rules.
4. Powers of the Board
The Board of Review has several key powers:
Hearing Appeals: The Board can schedule hearings where both the appellant and the agency can present evidence and arguments.
Requesting Records: The Board can require agencies to submit all relevant documents, reports, or records pertaining to a case.
Issuing Decisions: After reviewing the facts and the law as written in the agency’s rules, the Board can:
Affirm the original decision.
Reverse or modify the decision.
Remand the case back to the agency for further action or clarification.
Subpoena Power: The Board can compel witnesses or documents to be presented if necessary for a fair review.
5. Procedures
Filing an Appeal: Individuals or entities can file an appeal with the Board within a set timeframe after the agency’s decision is issued.
Notice: Both the appellant and the agency receive notice of hearings and decisions.
Evidence & Testimony: The Board reviews written submissions, allows oral arguments, and can consider testimony under oath.
Deliberation & Decision: Decisions are made after careful deliberation, and a written decision is issued stating the reasons for the Board’s ruling.
6. Standards of Review
The Board generally examines:
Procedural correctness: Did the agency follow its own rules and procedures correctly?
Substantive correctness: Was the decision reasonable and supported by evidence?
Consistency: Is the decision consistent with past Board rulings and established agency practice?
7. Finality and Further Appeal
Decisions by the Board of Review are final within the administrative process.
However, there may be a provision for judicial review if the appellant is not satisfied, but this is outside the Board’s direct authority.
Summary
The West Virginia Board of Review (Agency 84) acts as an independent appellate body within the state administrative framework. Its role is to ensure:
Fair treatment of individuals or entities by state agencies.
Accurate application of agency rules.
Transparent and reasoned administrative decisions.
The Board does not create laws but functions as an oversight body to correct errors, uphold fairness, and maintain public trust in administrative actions.
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