Bill-DMV Admin
H. B. 4258
(By Delegates Hunt, Linch, Compton,
Jenkins, Faircloth and Riggs)
[Introduced January 28, 2000; referred to the Committee
on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact section one, article eight,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the division of motor vehicles to
promulgate a legislative rule relating to
administrative due process.
Be it enacted by the Legislature of West Virginia:
That section one, article eight, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION
TO PROMULGATE LEGISLATIVE RULES.
§64-8-1. Division of motor vehicles.
(a) The legislative rule filed in the state register
on the twenty-fifth day of July, one thousand nine hundred
ninety-seven, authorized under the authority of section
nine, article two, chapter seventeen-a of this code,
modified by the division of motor vehicles to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the second day of
December, one thousand nine hundred ninety-seven, relating
to the division of motor vehicles (denial, suspension,
revocation or nonrenewal of driving privileges, 91 CSR 5),
is authorized.
(b) The legislative rule filed in the state register
on the fifth day of August, one thousand nine hundred
ninety-nine, authorized under the authority of section
nine, article two, chapter seventeen-a, of this code,
modified by the division of motor vehicles
to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day
of September, one thousand nine hundred ninety-nine,
relating to the division of motor vehicles
(administrative
due process, 91 CSR 1), is authorized.
NOTE: The purpose of this bill is to authorize the
Division of Motor Vehicles
to promulgate a legislative rule
relating to Administrative Due Process.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.