• 64-14-13. Administrative Appeal and Judicial Review.


13.1.  Administrative Appeal.  Anyone adversely affected by the enforcement of this rule or other order issued by the Commissioner under this rule:


13.1.a.  Prior to an administrative appeal, may pursue informal remedies as follows:


13.1.a.1.  Submit a plan of correction for cited deficiencies for approval by the commissioner within the designated time frame; and


13.1.a.2.  Submit the reasons for the appeal and request for an informal hearing in writing to the commissioner within fifteen (15) days of receipt of the statement of deficiencies or order; or


13.1.b.  May request a contested case hearing in accordance with the Division of Health rule, “Rules and Procedures for Contested Case Hearings and Declaratory Rulings,” 64CSR1.


13.1.c.  The commissioner shall conduct the informal hearing in accordance with W. Va. Code §16-5D-12 and shall provide a written decision to the assisted living residence regarding the appeal.


13.2.  Judicial Review.


13.2.a.  Any licensee adversely affected by an order of the commissioner rendered after a hearing is entitled to judicial review pursuant to W. Va. Code §§16-5D-13 and 29A-5-4.