Justia Government & Administrative Law Opinion Summaries

The West Virginia Racing Commission suspended the occupational permits of each of seven jockeys for thirty days and imposed a $1,000 fine on each of the jockeys for certain rules governing horse racing. The circuit court reversed and vacated the Commission’s order, finding that there was insufficient evidence to support the Commission’s factual findings. The Supreme Court reversed, holding (1) the fact that the circuit court’s review of the evidence resulted in the circuit court reaching an alternative conclusion based on substantial evidence was not a valid reason to reverse the Commission’s findings; and (2) the Commission’s findings of fact were supported by substantial evidence. View "W. Va. Racing Comm’n v. Reynolds" on Justia Law

Erie Insurance Property and Casualty Company submitted to the Virginia Insurance Commissioner a rate, form, and product filing seeking approval for a new product endorsement entitled Rate Protection Endorsement (RPE). The Commissioner approved the Erie filing, as amended. Respondent, an Erie insured, filed an administrative complaint against Erie seeking a determination as to whether the Commissioner’s approval of Erie’s RPE should be withdrawn. The Commissioner denied Respondent relief. The circuit court reversed, concluding that the Commissioner was statutorily required to withdraw approval of Erie’s RPE. The Supreme Court reversed, holding that the circuit court engaged in an improper re-examination of Erie’s rate and form policy filing for its RPE that was approved by the Commissioner, and therefore, the circuit court erred in reversing the decision of the Commissioner. View "Erie Ins. Prop. & Cas. Co. v. King" on Justia Law

After DUI and hit and run charges were filed against Robert Conniff, the West Virginia Division of Motor Vehicles (DMV) notified Conniff that his driver’s license was being revoked for DUI. After a fifth and final hearing, the DMV revoked Conniff’s driving privileges. The circuit court reversed the final order of the DMV and reinstated Conniff’s driver’s license, concluding that the DMV had no authority to continue the initial revocation hearing in view of the fact that the DMV erred in securing the attendance of the investigating officer. The Supreme Court reversed, holding (1) the circuit court erred in ruling that the continuance of the original hearing was lacking in good cause and therefore violated Conniff’s due process rights; but (2) the cumulative effect of multiple continuances and overall delay in this matter warranted an award of attorney fees and costs. View "Reed v. Conniff" on Justia Law

Morgan County Emergency Medical Services Board, Inc. is authorized by the County Commission of Morgan County to collect delinquent ambulance service fees. The Board brought an action against Petitioner, the owner of a mobile home park, alleging that Petitioner owned delinquent special emergency ambulance service fees on rental units in Petitioner’s mobile home park. The circuit court granted the Board all of the relief it requested. The Supreme Court affirmed, holding that the circuit court did not err in ruling that (1) the Board may bring an action to collect delinquent special emergency ambulance service fees; (2) an owner and a renter may be jointly and severally liable for paying the emergency ambulance service fee; and (3) the county ordinance does not violate W. Va. Code 7-15-17 by assessing Petitioner ambulance service fees for units that were vacant on the date of assessment. View "Waugh v. Morgan County Emergency Med. Servs. Bd., Inc." on Justia Law