Patricia S. Reed, Comm. W. Va. Division of Motor Vehicles v. Jason L. Thompson

The majority wholly fails to recognize that the May 16, 2013, order of the Office of Administrative Hearings (“OAH”) was clearly wrong in view of the agency’s disregard of critical evidence in the administrative record of this case. In addition, I disagree with the majority’s conclusion that the OAH lacked the implied authority to timely correct its own order. Accordingly, I am compelled to dissent.

Even assuming the May 16th order was the final order, a reversal was required.

The majority has disappointingly engaged in only part of the analysis required for this case. Even if the OAH lacked…