BENJAMIN, Justice:
This appeal by Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter referred to as "Commissioner Miller"), the petitioner herein, challenges a January 27, 2011, order of the Circuit Court of Nicholas County that remanded the case to the Office of Administrative Hearings for a new full evidentiary hearing, with directions to perform a proper analysis under Muscatell v. Cline,
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