West Virginia Board of Education v. Hechler

McHUGH, Chief Justice:

In this original proceeding, the petitioners, the West Virginia Board of Education (hereinafter the “Board”) and Tom McNeel, State Superintendent of Schools, seek a writ of mandamus directing the respondent, Ken Hechler, Secretary of State, to file rules approved by the Board. This Court has reviewed the petition, the response, and all arguments and exhibits attached thereto. 1 We are of the opinion that the relief requested by the petitioners should be granted.

I

In June, 1988, the West Virginia legislature amended the State Administrative Procedures Act, W.Va.Code,…