WEST VIRGINIA CODE
WVC 30 - 1 - 9
§30-1-9. Review by circuit court and supreme court of board's
refusal to issue; suspension or revocation of license
or registration.
A person, not an applicant for or holder of a license to
practice law, who has been refused a license or registration for
any cause other than failure to pass the examination given by the
board, or whose certificate, license, registration or authority has
been suspended or revoked, may, within thirty days after the
decision of the board, present his petition in writing to the
circuit court of the county in which such person resides, or to the
judge of such court in vacation, praying for the review and
reversal of such decision. Before presenting his petition to the
court or judge, the petitioner shall mail copies thereof to the
president and secretary, respectively, of the board. Upon receipt
of such copy the secretary shall forthwith transmit to the clerk of
such court the record of the proceeding before the board. The
court or judge shall fix a time for the review of said proceeding
at his earliest convenience. Notice in writing of the time and
place of such hearing shall be given to the president and secretary
of the board at least ten days before the date set therefor. The
court or judge shall, without a jury, hear and determine the case
upon the record of the proceedings before the board. The court or
judge may enter an order affirming, revising or reversing the
decision of the board if it appears that the decision was clearly
wrong. Prior to the entry of such order, no order shall be made or
entered by the court to stay or supersede any suspension,
revocation or cancellation of any such certificate, license, registration or authority. The judgment of the circuit court may be
reviewed upon appeal in the supreme court of appeals.
Note: WV Code updated with legislation passed through the 2012 1st Special Session