State of West Virginia ex rel. Jane L. Cline, Commissioner, West Virginia Department of Motor Vehicles v. Honorable Frank J. Maxwell, Judge of the Circuit Court of Harrison County, et al., No. 21508 (W. Va. April 8, 1993) (Neely, J.): 189 W.Va. 362, 432 S.E.2d 32:
Reversing the dismissal of DUI revocation proceedings in which hearings had not been conducted within 6 months of a request for hearing, the Court held (1) if a hearing cannot be conducted and a decision rendered within 6 months due to the fault of the agency, DMV must return the driver's operator's license before expiration of the temporary permit issued during the pendency of the proceedings; (2) if a hearing cannot be conducted and a decision rendered within 6 months due to the fault of the driver, the driver must affirmatively apply for an extension of the temporary permit; (3) when a driver's operator's license is returned due to agency delay, the DMV must follow its procedures until a decision is rendered; and (4) when a continuance is issued by the DMV, the notice must state the reasons for the continuance, identify at whose instance the continuance is awarded, and provide a specific future hearing date.
Michael Allen Means v. George T. Sidiropolis, Comm'r, et al., No. 19507 (W. Va. November 30, 1990) (Neely, C.J.): 184 W.Va. 514, 401 S.E.2d 447:
Upholding the constitutionality of a statute revoking the driving privileges of high school drop-outs, the Court held that such statute bore a reasonable relationship to the legislative purpose of encouraging children to remain in school, but that before action may be taken pursuant to such statute, prior notice must be given to affected students informing them of their entitlement to a hearing before a representative of the school system in order to demonstrate a reason their licenses should not be revoked pursuant to the statute.