STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS Adam Holley, Acting Commissioner of the West Virginia FILED Division of Motor Vehicles, April 19, 2019 Respondent Below, Petitioner EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA vs.) No. 18-0239 (Ohio County 16-CAP-3) Donald Morrison, Petitioner Below, Respondent MEMORANDUM DECISION Petitioner Adam Holley, Acting Commissioner of the West Virginia Division of Motor Vehicles (“DMV”), by counsel Elaine L. Skorich, appeals the Circuit Court of Ohio County’s February 28, 2018, order reversing the final order of the Office of Administrative Hearings (“OAH”), which affirmed the DMV’s order revoking respondent’s license.1 Respondent Donald Morrison, by counsel Gregory A. Gaudino, filed a response. Petitioner filed a reply. On appeal, petitioner contends that the circuit court lacked subject matter jurisdiction and erred in substituting its judgment for that of the OAH. The Court has considered the parties’ briefs and record on appeal. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. This case satisfies the “limited circumstances” requirement of Rule 21(d) of the Rules of Appellate Procedure and is appropriate for a memorandum decision rather than an opinion. For the reasons expressed below, the decision of the circuit court is reversed, and this case is remanded to the circuit court for entry of an order dismissing this case from its docket for lack of jurisdiction. On February 12, 2011, respondent was arrested for driving under the influence (“DUI”), which resulted in the DMV’s issuing an order revoking his driving privileges. Respondent 1 At the time of the filing of the appeal in this case, Patricia S. Reed was commissioner of the DMV. Ms. Reed retired on April 1, 2019, and Adam Holley succeeded as acting commissioner. Accordingly, the Court has made the necessary substitution of parties pursuant to Rule 41(c) of the West Virginia Rules of Appellate Procedure. 1 requested a hearing before the OAH to challenge the revocation, which was held on July 18, 2012. On March 16, 2016, the OAH affirmed the order of revocation.2 Petitions for review of OAH final orders must be filed “either in the Circuit Court of Kanawha County, . . . or in the circuit court of the county in which the petitioner or any one of the petitioners resides or does business.” W. Va. Code § 29A-5-4(b). Accordingly, on March 25, 2016, respondent filed a petition for review of the OAH’s March 16, 2016, final order in Ohio County asserting that jurisdiction was proper there because he owned “a business known as Left of Center, which regularly transacts business in West Virginia, including in Ohio County.”3 On the same date that he filed his petition for review, respondent moved the circuit court to stay the order revoking his driving privileges. The parties appeared for a hearing on respondent’s motion to stay on April 6, 2016. Respondent, a resident of the State of Ohio who works in the “pipeline field” as a heavy equipment operator, ...
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