(a) The Office of Administrative Hearings shall retain jurisdiction over appeals described in 17C-5C-3(3) of this code arising from offenses occurring on or before June 30, 2020. The Office of Administrative Hearings has no jurisdiction over appeals described in said subdivision arising from offenses occurring on or after July 1, 2020.
(b) Beginning on July 1, 2020, jurisdiction over appeals described in 17C-5C-3 of this code, except for those described in 17C-5C-3(3) of this code, shall be transferred to the circuit court for the circuit in which the event giving rise to the contested decision of the Commissioner of the Division of Motor Vehicles occurred.
(c) The Office of Administrative Hearings shall, in an orderly and efficient manner, dispose of all matters pending before it, subject to the following:
(1) If any appeal of a revocation or suspension order, described in 17C-5C-3(3) of this code, is pending before the office on or after July 1, 2021, the underlying revocation or suspension order shall be dismissed.
(2) If any appeal described in 17C-5C-3 of this code, except for an appeal described in 17C-5C-3(3) of this code, is pending before the Office of Administrative Hearings on or after July 1, 2021, the appeal shall be transferred to the circuit court described in subsection (b) of this section. For any appeal transferred pursuant to this subdivision, the circuit court shall adopt any existing records of evidence and proceedings in the Office of Administrative Hearings, conduct further proceedings as it considers necessary, and issue a final decision or otherwise dispose of the case pursuant to the provisions governing the judicial review of contested administrative cases in 29A-5-1 et seq. of this code.
(d) Upon resolution of all matters pending before the Office of Administrative Hearings or on July 1, 2021, whichever occurs earlier, the Office of Administrative Hearings shall be terminated.
(e) The Secretary of the Department of Transportation may establish interim policies and procedures to aid in the orderly and efficient process during the disposition of remaining cases before the Office of Administrative Hearings during the phase-out period until termination.
Structure West Virginia Code
Chapter 17C. Traffic Regulations and Laws of the Road
Article 5C. Office of Administrative Hearings
§17C-5C-1. Office Created; Appointment of Chief Hearing Examiner
§17C-5C-1a. Termination of Office of Administrative Hearings; Transfer of Jurisdiction
§17C-5C-2. Organization of Office
§17C-5C-3. Jurisdiction of Office of Administrative Hearings
§17C-5C-4a. Rule-Making Authority
§17C-5C-4b. Duty to Provide Notice of Change of Address
§17C-5C-5. Transition From Division of Motor Vehicles to the Office of Administrative Hearings