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)