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.
Structure West Virginia Code
Chapter 30. Professions and Occupations
§30-1-1. Application of Article
§30-1-1a. Legislative Findings and Declaration
§30-1-2a. Required Orientation Session
§30-1-4. Official Seal; Rules and Regulations
§30-1-4a. Lay Members of Professional Boards
§30-1-5. Meetings; Quorum; Investigatory Powers; Duties
§30-1-5a. Reporting of Fraud and Misappropriation of Funds
§30-1-7. Contents of License or Certificate of Registration
§30-1-7a. Continuing Education
§30-1-8a. Reinstatement of License
§30-1-8b. Mediation of Complaints
§30-1-10. Disposition of Money Fines; Legislative Audit; Review of Board"s Fee Structure
§30-1-11. Compensation of Members; Expenses
§30-1-13. Roster of Licensed or Registered Practitioners
§30-1-14. Remission of Certain Fees
§30-1-18. Retired, Volunteer and Inactive Status Licenses
§30-1-19. Combining Board Staff Functions
§30-1-21. Exemption From Licensure for Professional Practice for a Charitable Function
§30-1-23. Waiver of Initial Licensing Fees for Certain Individuals; Definitions
§30-1-24. Use of Criminal Records as Disqualification From Authorization to Practice
§30-1-25. Primacy of State Regulation of Occupational Practice