Hechler v. Casey

333 S.E.2d 799, 175 W. Va. 434
CourtWest Virginia Supreme Court
DecidedAugust 8, 1985
Docket16700
StatusPublished
Cited by94 cases

This text of 333 S.E.2d 799 (Hechler v. Casey) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hechler v. Casey, 333 S.E.2d 799, 175 W. Va. 434 (W. Va. 1985).

Opinions

McHUGH, Justice:

In this original proceeding the Secretary of State for the State of West Virginia [hereinafter “the Secretary”] seeks a writ [438]*438of prohibition1 restraining the trial court from enforcing, in essence, two orders, the first enjoining the Secretary from disclosing to the public certain information about the employees of Southeastern Security & Investigations, Inc. [hereinafter “S.S. & I.”] and the second enjoining the Secretary from conducting an administrative hearing to determine whether S.S. & I.’s private detective/investigator’s license should be suspended or revoked. Before us is the petition, the response filed in accordance with the rule to show cause heretofore issued by us, all exhibits, including the transcripts of the evidentiary hearings before the trial court,2 and the briefs and oral argument of counsel.

We believe that the trial court exceeded its jurisdiction in entering the injunctive orders in question and, consequently, we award the writ of prohibition, as moulded.

I

S.S. & I., an Ohio corporation, in January, 1985, qualified to transact business in the State of West Virginia. Shortly thereafter, it began supplying security guards to Rawl Sales and Processing Company, a subsidiary of A.T. Massey Coal Company, at Rawl’s processing plant at or near Loba-ta, Mingo County, West Virginia. For some months there had been a strike against Rawl by members of the United Mine Workers of America.

In March, 1985, the Secretary, pursuant to § 3.04 of his administrative regulations governing private detectives and investigators (including security guards),3 requested in writing from S.S. & I. a list showing the names, birthdates, social security numbers, and current residence addresses of all employees of S.S. & I. stationed in the State of West Virginia. S.S. & I.’s attorney orally informed a deputy Secretary of State, in March, 1985, that S.S. & I. would furnish the requested information if the same would be kept confidential, so as not to further endanger the lives, health, or property of S.S. & I’s security guards or their families. The deputy orally replied that, in his opinion, none of the statutory exemptions from the Freedom of Information Act (W.Va.Code, 29B-1-1 et seq.) were applicable.

By a written notice dated March 29, 1985, the Secretary scheduled an administrative hearing, pursuant to W.Va.Code, 30-18-5 [1959], to be held on April 23,1985, to determine whether to suspend or revoke S.S. & I’s private detective/investigator license. Evidence was to be received on two points: (1) S.S. & I.’s failure to supply the names, addresses, etc., of the security guards and (2) S.S. & I.’s employment of at [439]*439least three convicted felons in violation of the statute on licensing of private detectives and investigators.

On April 3, 1985, S.S. & I. filed with the trial court a petition for prohibitory and injunctive relief. After issuing a rule to show cause and after conducting an eviden-tiary hearing, the trial court on April 22, 1985, entered an order, over the objection of the Secretary, compelling S.S. & I. to furnish to the Secretary the names, addresses, etc., of the security guards but, as a “protective provision,” requiring the Secretary to maintain the confidentiality of such information by having those persons authorized to inspect the names, etc., as part of background investigations to execute a form “agreement” on the confidentiality of such information. In compliance with this order, S.S. & I. submitted the list of employees and their addresses, etc.

The three named employees of S.S. & I. who were suspected by the Secretary as being convicted felons had stated to the contrary in their employment applications. Each of the three had worked for S.S. & I. for less than thirty days, and each of them had been discharged prior to the scheduling of the administrative hearing.

Also on April 22, 1985, the trial court, upon examination of another petition for injunctive relief, granted a preliminary injunction preventing the Secretary from conducting the hearing scheduled for April 23, 1985, respecting the two matters covered in the notice of hearing, so as to permit the trial court the opportunity to determine those two issues after conducting a hearing on the permanency of the injunction. The Secretary thereafter moved to dissolve the preliminary injunction, but the trial court, on May 1, 1985, entered an order denying the motion to dissolve and setting May 20, 1985 as the date for the hearing on the permanency of the injunction.

II

In applying for a writ of prohibition from this Court, in effect to dissolve the injunction against holding the administrative hearing on the two points covered by the notice of such hearing, the Secretary argues that the trial court in entering its injunctive orders exceeded its jurisdiction on the grounds that S.S. & I. failed to exhaust its administrative remedies, failed to prove irreparable harm, and failed to prove the inadequacy of available legal remedies. We agree with these contentions.

Ill

W.Va.Code, 30-18-5 [1959] provides that the Secretary has the authority to promulgate and enforce such rules and regulations as he deems necessary for the administration and enforcement of the article on regulation of private detectives and investigators (W. Va.Code, 30-18-1 et seq.), including regulations on the issuance, suspension and revocation of licenses issued under such article. This section of the statute also provides for an administrative hearing prior to suspending or revoking a license. The action of the Secretary in suspending or revoking a license shall be subject to review by the Circuit Court of Kanawha County “or other court of competent jurisdiction.”

Pursuant to this section of the statute, the Secretary promulgated, effective August 1, 1975, regulations pertaining to private detectives and investigators. W.Va. Code, 30-18-1 [1960] and § 2.03 of the regulations include and define watch, guard or patrol agencies or businesses as also subject to regulation. Included are guards furnished to protect persons or property.

Sections 3.03 and 3.04 of the regulations require, inter alia, that an applicant for a license furnish his, or, in the case of a corporate applicant, all of its employees’, name(s) and residence(s), as well as the details of any criminal convictions. Similarly, W.Va.Code, 30-18-2(2) [1959] requires a corporate applicant to furnish, inter alia, for each officer, “[i]n addition to such further information as may be required by the secretary,” information as to good character, competency and integrity, including whether any individual has ever been convicted of a felony, or other offense [440]*440set forth in W. Va. Code, 30-18-3 [1959].4 (As noted, the regulations require the information for all employees, in addition to the officers, of a corporate applicant for a license. Section 10 of the regulations echoes this requirement for employees.)

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Bluebook (online)
333 S.E.2d 799, 175 W. Va. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hechler-v-casey-wva-1985.