2005 West Virginia Code - §5-10A-4. — Determination by circuit court of ineligibility; jurisdiction; appeal.

§5-10A-4. Determination by circuit court of ineligibility; jurisdiction; appeal.
If a participant or beneficiary informs the supervisory board within forty days after service of the notice provided for in section three of this article that he demands that the board seek a determination in circuit court, the board shall forthwith file a petition in the circuit court in the county in which the board is located or in which the participant or beneficiary resides, seeking that the court determine that the participant rendered less than honorable service as defined in section two of this article and that the affected participant or beneficiary is thereby ineligible to receive benefits.
Jurisdiction is hereby conferred on circuit courts to make such determinations.
Upon the filing of such a petition by a supervisory board, the circuit court shall give such notice and opportunity to be heard to the affected parties as are 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.
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.