West Virginia Department of Health & Human Resources v. Hess

MILLER, Justice:

The West Virginia Department of Health and Human Resources (Department) appeals a final order of the Circuit Court of Kanawha County, dated March 14, 1992, dismissing its appeal from an administrative decision of the West Virginia Education and State Employees Grievance Board (Board). The circuit court dismissed the case because: (1) the Department failed to appeal the administrative decision within the time frame prescribed by W.Va.Code, 29-6A-7, and (2) the Department failed to pay the circuit court’s filing fee “in advance,” as required by W.Va.Code, 59-1-11 (1990). We find…