WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Enrolled Senate Bill 428
By Senator Woodrum [Passed February 12, 2024; in effect 90 days from passage]
 Enr SB 428
1 An ACT to amend and reenact §19-11B-12 of the Code of West Virginia, 1931, as amended,
2 relating to establishing that appeals from administrative rulings are to be filed with the
3 Intermediate Court of Appeals.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11B. FROZEN DESSERTS AND IMITATION FROZEN DESSERTS LAW.
§19-11B-12. Hearings and appeals.
1 (a) Any person aggrieved by any action taken under this article shall be afforded the
2 opportunity for a hearing before the commissioner under the rules promulgated by the
3 commissioner.
4 (b) Hearings shall be conducted in accordance with procedures set forth by rule.
5 (c) All the testimony and evidence at a hearing shall be recorded by mechanical means,
6 which may include the use of tape recordings. The mechanical record shall be maintained for 90
7 days from the date of the hearing and a transcript shall be made available to the aggrieved party.
8 (d) Any party who feels aggrieved of the suspension, revocation, or denial order may
9 appeal to the Intermediate Court of Appeals pursuant to the provisions of §29A-5-4 of this code.
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Statutes affected:
Introduced Version: 19-11B-12
Enrolled Version: 19-11B-12