W. Va. R. Law. Disciplinary P. 3.33

(a) The annulment of a license to practice law shall revoke and terminate such license, and shall constitute a disbarment.

(b) After the expiration of five years from the date of disbarment, a person whose license to practice law has been or shall be annulled in this State and who shall desire reinstatement of such license may file a verified petition in the Supreme Court of Appeals reciting the cause of such annulment and what the person shall have done in satisfaction of requirements as to rehabilitation, restitution, conditions or other acts incident thereto, by reason of which the person should be reinstated as a member of the state bar and his or her license to practice law restored. The petitioner shall also file a completed reinstatement questionnaire provided by the Office of Disciplinary Counsel. At the time of filing the petition and questionnaire with the Clerk of the Supreme Court of Appeals, the petitioner shall also file a copy of each with the Office of Disciplinary Counsel, which shall conduct a prompt investigation thereof and shall file a report with a Hearing Panel Subcommittee of the Lawyer Disciplinary Board.

(c) The Hearing Panel Subcommittee shall schedule a hearing within sixty days of its receipt of the report of Disciplinary Counsel, or upon a later date upon a showing of good cause by the petitioner or Disciplinary Counsel. Following the hearing, the Hearing Panel Subcommittee shall promptly prepare a written report, including a recommendation with reference to action on the petition, and shall transmit the report to the Court. The report shall become part of the record in the case. The Hearing Panel Subcommittee shall mail, by registered or certified mail, a copy of the report to the petitioner at his or her last known address. Within ten days after the filing of the report of the Hearing Panel Subcommittee, either the petitioner or Disciplinary Counsel shall have the right to make written request of the Court for a hearing upon the matters arising on the petition.

(d) If a request for hearing before the Court is made on a petition for reinstatement, it shall be scheduled within thirty days from the date of expiration of the ten-day period for making a written request. The hearing shall be held in such manner as the Court may direct.

(e) After a hearing on a petition for reinstatement, or after the expiration of the time for requesting a hearing without request therefor being made, the Court shall, by order entered of record, grant or refuse the petition for reinstatement.

(f) If a petition for reinstatement is granted, it may be subject to such terms and conditions as the Court may prescribe, and thereupon the Court may authorize or order that the petitioner’s license to practice law be reinstated and that petitioner be restored as a member in good standing of the state bar, subject to satisfaction of requirements as to payment of state bar membership fees and mandatory continuing legal education, unless otherwise provided in the order of suspension.

(g) If the petition is withdrawn or is denied, the Court may enter an order of judgment requiring the petitioner to reimburse the Office of Disciplinary Counsel for the ordinary and necessary costs expended in connection with the petition for reinstatement. The Court may include in any order denying reinstatement any terms and conditions concerning subsequent petitions, including time restrictions concerning filing, as the Court may deem just.