The petition alleges no notice of the juvenile proceedings was given to the Dept., and DHHR, rather than the Dept., is authorized to expend funds for such educational costs. The petition seeks to prohibit enforcement of an order requiring the W.V. D. M. V. to conduct an administrative DUI hearing. The petition alleges that the jurisdiction lies in the Kanawha County Circuit Court and that the underlying petition was untimely. Grant 5-0 Petition for a Writ of Prohibition in SER Zirkle v. Fox, No. 981830. The petitioner asserts that no hearing in which he was allowed the present evidence was held by the circuit court in violation of Syl.
Motion asserts that counsel's action inhibited the petitioner from participating in the appeal.