13.4.c. 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.
13.5. After hearing all evidence and arguments, the Review Board shall render a decision in one of three forms:
13.5.a. Sustaining the ruling of the Board of Directors;
13.5.b. Reversing the ruling of the Board of Directors; or
13.5.c. Remanding the matter to the Board of Directors for further action.
13.5.c.1. The Review Board 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 the administrative findings, inferences, conclusions, decisions, or orders are:
13.5.c.1.A. In violation of constitutional or statutory provisions;
13.5.c.1.B. In excess of the statutory authority or jurisdiction of the Commission;
13.5.c.1.C. Made upon unlawful procedures;
13.5.c.1.D. Affected by other error of law;
13.5.c.1.E. Clearly wrong in view of the reliable probative and substantial evidence on the whole record; or
13.5.c.1.F. Arbitrary or capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. 13.5.c.2. Four members, present and eligible to vote, shall constitute a quorum for the Review Board to transact all business. 13.5.c.3. A majority vote of those members of the Review Board in attendance at any hearing shall be required to render a decision. Such decision shall be final and binding on all parties concerned. 13.5.c.4. Within 30 days from the date of any hearing, the Review Board shall make a written report of its decision, stating briefly therein its reasons for such a decision. Copies of the report shall be mailed to the State Superintendent, the Executive Director of the WVSSAC and, upon written request, to other interested parties. 13.6. Nothing in these regulations shall be construed to limit the Board of Directors in performing its regular duties as provided in the regulations of the WVSSAC; in making investigations and initiating proceedings against any member of the Commission; in making interpretations of the rules of eligibility of student athletes or band members; or in imposing penalties for the violations of any rules, regulations, or bylaws of the Commission. 13.6.a. §127-1-8.5, and Rule §127CSR6, section 3.2, infer or state that decisions of the Board of Directors are final and are hereby modified only to the extent that such final ruling of the Board of Directors may be appealed within the time limit in the manner prescribed elsewhere in these regulations and affirmed, reversed, or remanded by the Review Board.
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