FEATHERS v. WEST VIRGINIA BD. OF MEDICINE

No. 29634.

562 S.E.2d 488 (2001)

211 W.Va. 96

Scott James FEATHERS, D.P.M., Petitioner Below, Appellant, v. The WEST VIRGINIA BOARD OF MEDICINE, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 28, 2001.


Attorney(s) appearing for the Case

J. Fox DeMoisey, DeMoisey & Smither, Louisville, KY, C. Page Hamrick, III, Charleston, WV, Attorneys for the Appellant.

Deborah Lewis Rodecker, Charleston, WV, Attorney for the Appellee.


STARCHER, Justice.

In this appeal from the Circuit Court of Kanawha County, an appellant sought a writ of prohibition from the circuit court to quash an administrative subpoena duces tecum issued by a state agency. The appellant contends that an administrative subpoena cannot be issued without the state agency first making a specific determination that probable cause exists to believe a statute or regulation has been violated...

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