agency hearing in West Virginia

2015Bd. of Educ. v. Perry, 189 W.Va. 662, 665 , 434 S.E.2d 22, 25 (1993) (“[T]he provisions in [the State Administrative Procedures Act], outlining the procedure for hearing contested cases do not create substantive rights [e.g., right to a formal hearing], as such rights must exist either by statutory language creating an agency hearing, by the agency’s rules and regulations, or by some constitutional command.”).

2015Bd. of Educ. v. Perry, 189 W.Va. 662, 665 , 434 S.E.2d 22, 25 (1993) (“[T]he provisions in [the State Administrative Procedures Act], outlining the procedure for hearing contested eases do not create substantive rights [e.g., right to a formal hearing], as such rights must exist either by statutory language creating an agency hearing, by the agency’s rules and regulations, or by some constitutional command.”).

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993The Wyoming court quoted this portion of its contested case definition: '““Contested case” means a proceeding * * * in which legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.”’ 492 P.2d at 209 . .

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

1993These statutory and regulatory sources for finding the *26 right to an administrative hearing are recognized in our traditional rule regarding exhaustion of administrative remedies, as set out in Syllabus Point 4 of Mounts v. Chafin, 186 W.Va. 156 , 411 S.E.2d 481 (1991): "` "`The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl.Pt. 1, Daurelle v. Traders Federal Savings & Loan Associatio

2023Muscatell, 196 W.

2021The court noted that an agency rule allowed non- attorney representation during the hearing, and ruled that the non-attorney did not engage in the unauthorized practice of law. 490 N.E.2d at 587-88 .

2020Va. 675, 677 , 363 S.E.2d 752 , 754 (1987) (emphasis added). 11 The Act further defines a “contested case,” in pertinent part, as “a proceeding before an agency in which the legal rights, duties, interests or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.” W.

2007This Court has recognized that it must reject administrative "rules that are contrary to legislative intent." Boone Memorial, 196 W.Va. at 335 , 472 S.E.2d at 420 .

2007This Court has recognized that it must reject administrative "rules that are contrary to legislative intent." Boone Memorial, 196 W.Va. at 335 , 472 S.E.2d at 420 .

2002As we noted earlier in this opinion, in those instances where an agency rule addresses some issue that is already the subject of Legislative action, "[i]f the intention of the Legislature is clear, that is the end of the matter, and the agency's position only can be upheld if it conforms to the Legislature's intent." Syl. pt. 3, in part, Appalachian Power Co. v. State Tax Department of West Virginia, 195 W.Va. 573 , 466 S.E.2d 424 (1995).

2002As we noted earlier in this opinion, in those instances where an agency rule addresses some issue that is already the subject of Legislative action, "[i]f the intention of the Legislature is clear, that is the end of the matter, and the agency's position only can be upheld if it conforms to the Legislature's intent." Syl. pt. 3, in part, Appalachian Power Co. v. State Tax Department of West Virginia, 195 W.Va. 573 , 466 S.E.2d 424 (1995).

2002It is clear that the Legislature may delegate certain powers or responsibilities to an agency: "`The delegation by the legislature of broad discretionary powers to an administrative body, accompanied by fitting standards for their exercise, is not of itself unconstitutional.' Point 8 Syllabus, Chapman v. Huntington, West Virginia, Housing Authority, 121 W.Va. 319 [, 3 S.E.2d 502 (1939)]." Syl. pt. 5, State ex rel.

2002It is clear that the Legislature may delegate certain powers or responsibilities to an agency: "`The delegation by the legislature of broad discretionary powers to an administrative body, accompanied by fitting standards for their exercise, is not of itself unconstitutional.' Point 8 Syllabus, Chapman v. Huntington, West Virginia, Housing Authority, 121 W.Va. 319 [, 3 S.E.2d 502 (1939)]." Syl. pt. 5, State ex rel.

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or

1993Wilson v. Truby, 167 W.Va. 179 , 281 S.E.2d 231 (1981); Powell v. Brown, 160 W.Va. 723 , 238 S.E.2d 220 (1977). [6] The court in Elprin, 57 Md.App. at 463 , 470 A.2d at 835 , quoted this portion of the statute: "Section 244(c) defines a `contested case' as a `proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.'" [7] The Wyoming court quoted this portion of its contested case definition: "`" Contested case " means a proceeding * * * in which legal rights, duties or