Appeal Process 3


Execution and Entry of Orders - All orders properly acted upon shall be executed by the presiding member of the board, the board’s legal counsel or the board’s duly authorized hearing examiner. All orders properly acted upon and so executed shall be entered into the official record by the clerk of the board.

Authority to Rule on Motions - The board may, in its administrative discretion, and in the interests of fairness and justice, rule on motions which tend to regulate the course of hearing, simplify the issues, and dispose of procedural requests or similar matters. The board may appoint its legal counsel or hearing examiner to dispose of stay requests, procedural motions, discovery motions, or any other request which tends to regulate the course of the hearing.

Content - Following the notice of appeal, any application to the board shall be by motion, which must be accompanied by a proposed order. Such motions may include, but are not limited to, requests to intervene, requests for continuance, requests for a stay, questions regarding jurisdiction, sufficiency of service of process, failure to state a aclaim upon which relief can be granted, request for a more definite statement, summary judgment, change of hearing location, dismissal of action or of particular issues in the appeal and amendment of a notice of appeal.

Form - Unless made during the hearing, all motions shall be in writing, stating with particularity the grounds thereof and stating the relief or order sought. The motion may be accompanied by a memorandum or other supporting documents. The proponent shall serve the motion on the board and all other parties to the appeal as required by these rules of procedure. Unless the board determines otherwise, a party shall have ten (10) days from receipt of the motion to respond to the same.

Stay Requests - The filing of the notice of appeal does not stay or suspend the effectiveness of the action appealed from. The appellant may request a stay of the action appealed from by written motion contemporaneous with the filing of the notice of appeal. The motion for stay shall include a copy of the action appealed from and any other documents supporting the request. The motion for stay shall be served on the board and all parties in accordance with these rules.


The board may visit the site of the activity or proposed activity which is the subject of the hearing and take such additional evidence as it considers necessary: Provided, that all parties and intervenors are given notice of the visit and are given an opportunity to accompany the board.


With the consent of the board and upon such terms and conditions as the board may prescribe, any person affected by the matter pending before the board may by petition intervene as a party appellant or appellee. In any appeal brought by a third party, the permittee or regulated entity shall be granted intervenor status as a matter of right where issuance of a permit or permit status is the subject of the appeal. The board shall hear the appeal de novo, and evidence may be offered on behalf of the appellant, appellee and by any intervenors.

Previous Page | Table Of ContenceNext Page

Privacy, Security and Accessibility | | | © 2018 State of West Virginia