Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Douglas H. Null

FILED April 15, 2022 released at 3:00 p.m. No. 20-0225 – Frazier v. Null EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA WOOTON, J., dissenting: By remanding to the circuit court and directing that respondent’s driver’s license revocation be reinstituted, the majority exceeds its statutory authority for review of administrative proceedings and ignores decades of our civil license revocation jurisprudence—all because it lacks a procedurally sustainable method for remanding this action. In this case the Office of Administrative Hearings (hereinafter “OAH”) did not reach the…