H. B. 4507
(By Delegates Reynolds, Border, Skaff,
Sobonya, C. Miller, D. Walker, Campbell, Spencer,
Poore, Hunt and Manchin)
[Introduced
February 16, 2010
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-2-11a, relating
to establishing procedures for appealing an adverse decision
or action taken by a local board of health or local health
officer.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-2-11a, to read as
follows:
ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-11a. Appeals; procedure.
(a) Any adverse decision or action taken by a local board of
health or a local health officer against a person or business
entity may appeal the adverse decision or action to the county
commission. This section shall apply prospectively and
retroactively: Provided, That any previous adverse decisions or
actions shall only be appealable for the previous thirty-six months prior to the effective date of this section.
(b) The applicant may make a written request for a hearing
before the county commission on or before thirty-six months from
the issuance of an adverse decision or action. The county
commission shall schedule and conduct the hearing within sixty days
of receipt of the request and shall issue a decision, in writing,
within fifteen days of the hearing.
NOTE: The purpose of this bill is to establish procedures for
appealing an adverse decision or action taken by a local board of
health or local health officer.
This section is new; therefore, it has been completely
underscored.