Miller v. Hare

McHUGH, Justice:

Petitioner Joe E. Miller, the Commissioner of the West Virginia Department of Motor Vehicles (“Commissioner”) seeks relief from the October 11, 2009, order of the Circuit Court of Kanawha County prohibiting the holding of a second hearing with regard to the administrative revocation of Respondent Craig A. Hare’s operator’s license. Because a continuance of the initial administrative proceeding had not been requested by Mr. Hare or the investigating officer, the trial court ruled that the Commissioner had no authority to schedule a second hearing. Upon our examination of the…