West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-06 - Violations Of The Rules › Section 127-6-6 - Review Board

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any
				decision of the Board of Directors involving penalty, protest or interpretation
				of the rules and regulations of this Commission may be appealed to the Review
				Board in the manner hereinafter described. Said appeal may be made by any
				member of the aggrieved party which is directly affected by the decision of the
				Board of Directors and aggrieved by such decision of the Board of
				Directors.
6.2. Appeals must be
				filed with the State Superintendent of Schools of West Virginia within fifteen
				days after any final decision of the Board of Directors of the
				WVSSAC.
6.3. Upon receipt of said
				appeal, the State Superintendent of Schools shall immediately notify each
				member of the Review Board of said appeal and the Chairman of said Review Board
				who shall forthwith set a date, time and place for hearing and shall
				immediately notify all interested parties, in writing, of the same.
6.4. The filing of any appeal shall not stay
				enforcement nor act to supersede the prior ruling or decision of the Board of
				Directors. However, pending the hearing on any appeal, at its discretion, the
				Board of Directors may grant a stay of enforcement upon such terms as it deems
				proper.
6.5. Proceedings for review
				shall be instituted by filing a petition, in quintuplicate, with the State
				Superintendent of Schools within fifteen days after the date upon which such
				party received notice of the final order or decision of the Board of Directors.
				A copy of the petition shall be served upon the WVSSAC or its Executive
				Director and all other parties of record by registered or certified mail. The
				petition shall state whether the appeal is taken on questions of law or
				questions of fact, or both. No appeal bond shall be required to effect any such
				appeal.
6.6. Within fifteen days
				after receipt of a copy of the petition by the WVSSAC or its Executive
				Director, or within such further time as the Review Board may allow, said
				Commission or said Executive Director shall transmit to such Review Board, the
				original or a certified copy of the entire record of the proceedings under
				review, including a transcript of all testimony and all papers, motions,
				documents, evidence and records as were before the said Commission, all
				Commission staff memoranda submitted in connection with the case, and a
				statement of matters officially noted; but, by stipulation of all parties to
				the review proceedings, the record may be shortened. The expense of preparing
				such record shall be taxed as a part of the costs of the appeal. The appellant
				shall provide security for costs involved. Upon demand by any party to the
				appeal, said Commission shall furnish, at the cost of the party requesting
				same, a copy of such record. In the event the complete record is not filed with
				the Review Board within the time provided for in this section, the appellant
				may apply to the Review Board to have the case docketed, and the Review Board
				shall order such record filed. Failure of the said Commission to file the
				record within the time stipulated shall automatically stay the enforcement of
				the order or decision of the Board of Directors, in that particular case, and
				such stay shall continue until such record is filed.
6.7. Appeals taken on questions of law, fact
				or both, shall be heard upon assignment of error filed in the cause or set out
				in the briefs of the appellant. Errors not argued by brief may be disregarded,
				but the Review Board may consider and decide errors which are not assigned or
				argued.
6.8. The review shall be
				conducted by the Review Board without a jury and shall be upon the records made
				before the Commission, except that in cases of alleged irregularities in
				procedure before the Commission not shown in the record, testimony thereon may
				be taken before the Review Board. The Review Board may hear oral arguments and
				require written briefs.
6.9. After
				hearing all evidence and arguments, the Review Board shall render a decision in
				one of three forms:
(1) sustaining the ruling
				of the Board of Directors;
(2)
				reversing the ruling of the Board of Directors; or
(3) remanding the matter to the Board of
				Directors for further action. The Board of Review shall reverse, vacate or
				modify the order or decision of the Board of Directors if the substantial
				rights of the petitioner or petitioners have been prejudiced because of the
				administrative findings, inferences, conclusions, decisions or order are (1) in
				violation of constitutional or statutory provisions; or (2) in excess of the
				statutory authority or jurisdiction of the Commission; or (3) made upon
				unlawful procedures; or (4) affected by other error of law; or (5) clearly
				wrong in view of the reliable probative and substantial evidence on the whole
				record; or (6) arbitrary or capricious or characterized by abuse of discretion
				or clearly unwarranted exercise of discretion.