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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.
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