West Virginia 2023 Regular Session Status: Enacted 1 R cosponsors

SB 247 — Making administrative appeals and judicial review of board action subject to provisions of Administrative Procedures Act

Last action — Chapter 230, Acts, Regular Session, 2023

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2023. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

14 added · 31 removed

Plain-language change summary

The updated version of Bill SB 247 simplifies the process for individuals appealing decisions made by a professional board regarding licenses and registrations. The previous language required petitioners to seek a review from the circuit court with detailed procedural steps, which have been removed to make the process clearer and more accessible. This change matters because it could help more people navigate their legal rights without feeling overwhelmed by complicated requirements, ultimately leading to a fairer and more efficient appeal process.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 247 BYSENATOW OODRUM [Originating in the Committee on Judiciary;
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 247 By Senator Woodrum [Passed March 10, 2023;
reported on February 02, 2023] CS for SB 247 A BILL to amend and reenact §30-1-9 of the Code of West Virginia, 1931, as amended, relating to making administrative appeals and judicial review of board action subject to provisions of the Administrative Procedures Act.
in effect 90 days from passage] Enr CS for SB 247 AN ACT to amend and reenact §30-1-9 of the Code of West Virginia, 1931, as amended, relating to making administrative appeals and judicial review of board action subject to provisions of the Administrative Procedures Act.
Review by circuit court and supreme court of board’s refusal to issue;
Administrative appeal of board action;
suspension or revocation of license or registration Administrative appeal of board action;
(a) A person, not an applicant for or holder of a license to practice law, who has been refused denied a license or registration;
(a) A person, not an applicant for or holder of a license to practice law, who has been denied a license or registration;
for any cause other than failure to pass the examination given by the board, or whose certificate, license, registration, or authority has been suspended or revoked;
whose certificate, license, registration, or authority has been suspended or revoked;
or against whom disciplinary action has been otherwise imposed may within 30 days after the decision of the board, present his petition, in writing to the circuit court of the county in which such person resides, or to the judge of such court in vacation praying for the review and reversal of such decision.
or against whom disciplinary action has been otherwise imposed may appeal the final decision of the board.
Before presenting his petition to the court or judge, the petitioner shall mail copies thereof to the president and secretary, respectively, of the board.
Upon receipt of such copy the secretary shall forthwith transmit to the clerk of such court the record of the proceeding before the board.
The court or judge shall fix a time for the review of said proceeding at his earliest convenience.
Notice in writing of the time and place of such hearing shall be given to the president and secretary of the board at least ten days before the date set therefor.
The court or judge shall, without a jury, hear and determine the case upon the record of the proceedings before the board.
The court or judge may enter an order affirming, revising or reversing the decision of the board if it appears that the decision was clearly wrong.
Prior to the entry of such order, no order shall be made or entered by the court to stay or supersede any suspension, revocation or cancellation of CS for SB 247 any such certificate, license, registration or authority.
The judgment of the circuit court may be reviewed upon appeal in the Supreme Court of Appeals appeal the final decision of the board.
of this code procedural rules adopted by the board pursuant thereto.
of this code and any procedural rules adopted by the board pursuant thereto.
View plain text versions (3)

Action History

  1. Chapter 230, Acts, Regular Session, 2023

  2. Approved by Governor 3/23/2023

  3. To Governor 3/16/2023

  4. Approved by Governor 3/23/2023 - House Journal

  5. Approved by Governor 3/23/2023 - Senate Journal

  6. To Governor 3/16/2023 - Senate Journal

  7. To Governor 3/16/2023 - House Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 645)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. Immediate consideration

  18. Do pass

  19. To House Judiciary

  20. To Judiciary

  21. Introduced in House

  22. Ordered to House

  23. Passed Senate (Roll No. 136)

  24. Read 3rd time

  25. On 3rd reading

  26. Read 2nd time

  27. On 2nd reading

  28. Read 1st time

  29. On 1st reading

  30. Committee substitute reported

  31. To Judiciary

  32. Introduced in Senate

  33. To Judiciary

  34. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 32 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 15001
Unaffiliated 16001
Democrat 1000
Total 32002
% of votes cast 94%0%0%6%
How each member voted (34)
Member Party Vote
MARONEY — Yea
STOVER — Not Voting
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Not Voting
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 247?
SB 247 is sponsored by Jack Woodrum (Republican).
What is the current status of SB 247?
This bill has been enacted into law. Introduced January 16, 2023. Enacted.
Where can I track SB 247?
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Last checked for changes 3 months ago · updated continuously

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