Pat Reed, Comm. of W. Va. Div. of Motor Vehicles v. Brian A. Boley

WALKER, JUSTICE:

*755After he was arrested for driving under the influence of alcohol (DUI), Brian Boley's driver's license was revoked by the Commissioner of the West Virginia Division of Motor Vehicles (DMV) in August 2011. Mr. Boley challenged the revocation by appeal to the Office of Administrative Hearings (OAH), which conducted a hearing in May 2013 but then took no action for two and a half years; eventually, the OAH affirmed the revocation in November 2015. The circuit court subsequently reversed the revocation on the grounds that Mr. Boley suffered actual and substantial prejudice as a…