APPEALING THE BOARD'S FINAL ORDER:
After the Board enters a Final Order in the Appeal,
any party may appeal such order as prescribed in W. Va. Code §22B-2-3.
This appeal must be filed within thirty days of your receipt of the
Board’s Final Order.
As to cases involving an order denying an application
for a permit, or approving or modifying the terms and conditions of
a permit, the petition for review shall be filed in the Supreme Court
of Appeals within 30 days of the Board’s order: Provided that, if all
parties consent to it, the proceedings may continue in the Circuit Court
of Kanawha County.
As to all other cases, the petition shall be filed in the
Circuit Court of the county wherein the alleged statutory air pollution
complained of originated or in Kanawha County upon agreement between parties.
EX PARTE COMMUNICATIONS:
An ex parte communication is any oral or written communication
with the Board or its staff regarding the merits or the substance of an appeal
or motion, which is made in the absence of the other parties of the appeal.
Such contact is strictly forbidden. Further, the staff cannot render legal
advice to you. We can, however, answer any questions which you may have regarding
the appeal process, general hearing procedures or other administrative matters.
Please feel free to contact our office with such inquiries.