What are the different types of appeals in administrative law?
In West Virginia, there are several types of appeals that can be made in administrative law. The first is an appeal from an administrative decision or final order. This type of appeal is typically reviewed by a court of appeals. The party appealing must submit an appeal petition to the court of appeals, which will in turn decide whether to accept the case and hear arguments from both sides. The second type of appeal is a petition for review. This type of appeal is typically heard by the West Virginia Supreme Court of Appeals and is available if the lower court or agency made a legal mistake in its decision. This type of appeal must be filed within 30 days of the decision in question, and the court of appeals must acknowledge the petition before it can be considered. The third type of appeal is a petition for writ of certiorari. This type of appeal is only available if a party disagrees with how the West Virginia Supreme Court of Appeals handled the case. A writ of certiorari is a written request asking the Supreme Court to review the decision of the lower court or agency. Finally, parties may also file a petition for rehearing or modification, which is typically heard by the court or agency that issued the decision in the first place. A rehearing or modification petition must be filed within a certain time limit set by the court or agency and must contain an argument as to why the decision should be reversed or modified. Administrative law can be a complex and difficult field to navigate, but understanding the different types of appeals available in West Virginia can help parties make informed decisions on how to proceed.
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