Appeals to the Board of Review
If you do not agree with the decision of the Administrative Law Judge, you can appeal to the three member Board of Review within eight days of the mailing date of the decision. The appeal must be made in writing and mailed to the Board of Review. The Board of Review reserves the right to grant a second hearing, but primarily rules using the evidence and legal argument presented at the Judge level.
before the Board of Review
The Board of Review will schedule a hearing at the Board office in Charleston when a decision from an Administrative Law Judge (ALJ) is appealed. The parties will be notified of the date and time of the hearing. This notice will include instructions explaining how Board hearings are conducted.
As an appellate body, the Board only reviews the evidence that was presented at the hearing before the ALJ. It is not required that the parties appear at the hearing before the Board. The Parties may not participate by telephone at board hearings. The Board of Review may affirm, reverse or modify the decision made by the ALJ. The Board may remand a case for an additional hearing before an ALJ for good cause. The Board's decision may be appealed to the Circuit Court of Kanawha County within 30 days of the Board's decision.