WVC 5 - 10 A- 4
§5-10A-4. Determination by circuit court of ineligibility;
(a) If a participant, former participant or beneficiary
informs the supervisory board within forty days after service of
the notice as provided in section three of this article that he or
she demands that the board seek a determination in circuit court,
the board shall immediately file a petition in the circuit court in
the county in which the board is located or in which the
participant, former participant or beneficiary resides seeking that
the court determine that the participant or former participant
rendered less than honorable service as defined in section two of
this article and that the affected participant, former participant
or beneficiary is thereby ineligible to receive benefits. The
circuit courts have jurisdiction to make the determinations.
(b) Upon the filing of a petition by a supervisory board, the
circuit court shall give to the affected parties notice and an
opportunity to be heard consistent with the demands of due process
and necessary for a fair determination of the matter. Upon
completion of its hearings the court shall make such findings of
fact and conclusions of law as are appropriate. Except in the case
of exigent circumstances, the court shall make its determination
within sixty days of the filing of the petition by the board.
(c) A determination of the circuit court shall be a final
order which may be appealed to the Supreme Court of Appeals in the
same manner as decisions in other civil actions.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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