WEST virginia legislature

2023 regular session

Introduced

Senate Bill 247

By Senator Woodrum

[Introduced January 16, 2023; referred

to the Committee on the Judiciary]

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.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-9. Review by circuit court and supreme court of board's refusal to issue; suspension or revocation of license or registration Administrative appeal of board action; judicial review.

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; against whom disciplinary action has been imposed; or who is a party otherwise adversely affected by action of the board may, within 30 days after the decision action of the board, present file his or her petition appeal in writing to the circuit court of the county in which such person resides, or to the judge of such court in vacation board, praying for the review and reversal of such decision the board’s action. 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 any such certificate, license, registration or authority. The judgment of the circuit court may be reviewed upon appeal in the Supreme Court of Appeals All proceedings in the appeal of the board’s action, and any judicial review thereof, shall be conducted in accordance with the provisions of §29A-5-1 et seq. of this code and any procedural rules adopted by the board pursuant thereto.

NOTE: The purpose of this bill is to make administrative appeals of board action, including judicial review, subject to the "contested cases" provisions of the Administrative Procedures Act, §29A-5-1 et seq.  of West Virginia Code.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.