Making administrative appeals and judicial review of board action subject to provisions of Administrative P...
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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
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 16, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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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 removedPlain-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.
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENROLLED Committee Substitute for Senate Bill 247 BYSENATOWBy OODRUMSenator [OriginatingWoodrum in[Passed theMarch Committee10, on2023; Judiciary;
reportedin oneffect February90 02,days 2023]from passage] Enr CS for SB 247 AAN BILLACT 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.
ReviewAdministrative byappeal circuit court and supreme court of board’sboard refusalaction; to issue;
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;
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;
or against whom disciplinary action has been otherwise imposed may withinappeal 30 days after the final decision of the board,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.
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 and any procedural rules adopted by the board pursuant thereto.
View plain text versions (3)
- Committee Substitute Enrolled Committee Substitute pdf
- Committee Substitute View text pdf
- Introduced Introduced Version Current pdf
Action History
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Chapter 230, Acts, Regular Session, 2023
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Approved by Governor 3/23/2023
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To Governor 3/16/2023
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Approved by Governor 3/23/2023 - House Journal
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Approved by Governor 3/23/2023 - Senate Journal
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To Governor 3/16/2023 - Senate Journal
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To Governor 3/16/2023 - House Journal
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House Message received
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Completed legislative action
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Communicated to Senate
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Passed House (Roll No. 645)
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Read 3rd time
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On 3rd reading, Special Calendar
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Read 2nd time
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On 2nd reading, Special Calendar
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Read 1st time
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Immediate consideration
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Do pass
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To House Judiciary
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To Judiciary
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Introduced in House
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Ordered to House
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Passed Senate (Roll No. 136)
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Read 3rd time
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On 3rd reading
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Read 2nd time
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On 2nd reading
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Read 1st time
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On 1st reading
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Committee substitute reported
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To Judiciary
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Introduced in Senate
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To Judiciary
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Filed for introduction
Sponsors
- Jack Woodrum · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 151 not signed on
Sponsors (1)
- Jack Woodrum Republican
Co-sponsors (0)
None.
Not signed on (151)
151 members have not signed on to this bill.
Show all 151 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 15 | 0 | 0 | 1 |
| Unaffiliated | 16 | 0 | 0 | 1 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 32 | 0 | 0 | 2 |
| % 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 |
Subjects
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?
- Track SB 247 free on One Click Politics — get push/email alerts when it moves.
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