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MILLER v. HARE

No. 35560.

708 S.E.2d 531 (2011)

Joe E. MILLER, Commissioner, West Virginia Department of Motor Vehicles, Respondent Below, Appellant v. Craig A. HARE, Petitioner Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 1, 2011.

Attorney(s) appearing for the Case

Scott E. Johnson , Attorney General's Office, Charleston, WV, for Petitioner.

Lisa Hyre , Hyre Law Office, Kingwood, WV, Carter Zerbe , David Pence , Carter Zerbe & Associates, Charleston, WV, for Respondent.

McHUGH, Justice:

Petitioner Joe E. Miller, the Commissioner of the West Virginia Department of Motor Vehicles ("Commissioner") seeks relief from the October 11, 2009, order of the Circuit Court of Kanawha County prohibiting the holding of a second hearing with regard to the administrative revocation of Respondent Craig A. Hare's operator's license. Because a continuance of the initial administrative proceeding had not been requested by Mr. Hare or the investigating...

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