The Office of Administrative Hearings (OAH) is NOT part of the Division of Motor Vehicles (DMV). While both agencies exist under the Department of Transportation umbrella, both agencies are separate and distinct from one another.
"A driver's license is a property interest which requires the protection of this State's Due Process Clause before its suspension can be obtained under the implied consent law. W.Va. Code, 17C-5A-1, et seq."
Syl. pt. 1, Jordan v. Roberts, 161 W.Va. 750, 246 S.E.2d 259 (1978)
"A driver’s license is a property interest and such interest is entitled to protection under the Due Process Clause of the West Virginia Constitution."
Syl. pt. 1, Abshire v. Cline, 193 W.Va. 180, 455 S.E.2d 549 (1995)
NOTICE OF INSTITUTION OF FILING FEE
Pursuant to Title 105, Code of State Rules, Series 1, effective December 1, 2016, all written objections filed with the Office of Administrative Hearings (OAH) must be accompanied by a filing fee in the amount of $50. No hearings will be scheduled in any matter until payment is received. If filing electronically or by facsimile transmission, the filing fee must be received by OAH within thirty (30) days of the receipt of the written objection. OAH does not accept credit card payments at this time.