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WEST VIRGINIA CODE
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WVC 64- CHAPTER 64. LEGISLATIVE RULES.
WVC -8- ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

WVC 64 - 8 - ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES. WVC 64-8-1

§64-8-1. Office of Administrative Hearings.

The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four-a, article five-c, chapter seventeen-c of this code, modified by the Office of Administrative Hearings to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 5, 2015, relating to the Office of Administrative Hearings (appeal procedures, 105 CSR 1), is authorized with the following amendments:

On page 16, subsection 18.1, by striking the last sentence.

On page 16, subsection 18.5, by striking the remainder of the paragraph after the words “subsection 3 of this section.”

WVC 64 - 8 - 1 §64-8-1. Division of Motor Vehicles.

     The legislative rule filed in the State Register on August 1, 2014, 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 December 31, 2014, relating to the Division of Motor Vehicles (examination and issuance of driver's licenses, 91 CSR 4), is authorized with the following amendments:

     On page 2, subsection 3.1., lines 8 and 9, by striking out "§17B-2-8(I)" and inserting in lieu thereof "§17B-2-8(i)";

     On page 6, subdivision 3.11.a., line 6, by striking out "§17B- 2-8(I)" and inserting in lieu thereof "§17B-2-8(i)";

     On page 7, subsection 3.11, after line 2, by adding a new subdivision 3.11.e to read as follows:

     "3.11.e In lieu of a social security card as proof of social security number, the following documents may be used to obtain a not for federal use driver's license or a not for federal use identification card:

     (i) An original or a copy of a certified Military Discharge Form DD 214 issued by the U.S. Military, with the social security number; or

     (ii) A Medicare card issued in the applicant's full name, which contains the applicant's social security number and the signature of the applicant as the card holder."

     On page 7, subsection 4.1, line 17, after the word "Commissioner." by adding the following:

     "The Division shall make available information for driver's license and ID applicants that clearly delineates the requirements for a for federal use driver license or ID and a not for federal use driver's license and ID.";

     On page 10, subsection 4.1.f, line 5 after the word "commissioner" by adding the following:

     "which form must require and be accompanied by a certification by a medical doctor of the person's gender."

     On page 21, subsection 7.2, line 6, after the word "record." by adding the following:

     "The renewal form shall clearly delineate the requirements for a for federal use driver license or ID and a not for federal use driver's license and ID.";

     On page 25, line 8, by adding a new subsection 7A.1.c to read as follows:

     "7A.1.c. The Division's online renewal process shall clearly delineate the requirements for a for federal use driver license or ID and a not for federal use driver's license and ID.";

     On page 27, subsection 8.2.c, line 1 after the word "commissioner" by adding the following:

     "which form must require and be accompanied by a certification by a medical doctor of the person's gender."

     On page 31, subsection 9.5, line 17 after the word "commissioner" by adding the following:

     "which form must require and be accompanied by a certification by a medical doctor of the person's gender."

     On page 34, subdivision 11.1.b, lines 17 through 19, by striking out all of subdivision 11.1.b and inserting in lieu thereof the following:

     "11.1.b. A valid photo driver's license or identification card expired six months or less issued the Division only on a not for federal use driver's license and a not for federal use identification card."

     And by renumbering the remaining subdivisions;

     On page 35, subdivision 11.1.d., line one, by striking out "§17B-2-8(I)" and inserting in lieu thereof "§17B-2-8(i), only on a not for federal use driver's license and a not for federal use identification card ";

     On page 36, lines 14 and 15, by striking out all of subdivision 12.2.b. and inserting in lieu thereof a new subdivision 12.2.b. to read as follows:

     "12.2.b. A United States passport or passport card, currently valid or expired less than 2 years, only on a not for federal use driver's license and a not for federal use identification card.";

     On page 47, subdivision 14.7.e, line 15, after the word "endocrinologist" by inserting the words "or primary care physician";

     On page 52, subsection 14.14, line 3, by striking out the word "two" and inserting in lieu thereof the word "three";

     And,

     On page 52, subsection 14.14, line 6, by striking out the word "two" and inserting in lieu thereof the word "three".

WVC 64-8-2

§64-8-2. Division of Highways.

The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section five, article seventeen-b, chapter seventeen of this code, modified by the Division of Highways to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 30, 2015, relating to the Division of Highways (state transportation infrastructure fund program, 157 CSR 11), is authorized with the following amendments:

On page one, subsection 2.1, following the words “’Board’ means the”, by striking out the words “board of directors of the fund” and inserting in lieu thereof the words “State Transportation Infrastructure Fund Advisory Board”;

On page three, subsection 3.1, line one, by striking out the words “A Board is hereby created” and inserting in lieu thereof the words “The State Transportation Infrastructure Fund Advisory Board is hereby created”;

And,

On page three, following subsection 3.3, by striking out all of subsection four and inserting in lieu thereof the following:

“157-11-4. Powers and Duties of the Commissioner.

            4.1 The Commissioner, in consultation with the Board, shall adopt policies and procedures consistent with W.Va. Code §17-17B-1 et seq., for the administration of the fund’s affairs and the implementation of the fund’s functions, including, but not limited to, the identification and selection of eligible borrowers, eligible costs, and eligible projects as well as the determination of the amount of initial assistance and the manner in which the fund shall be capitalized.

4.2 The Commissioner shall have the following powers:

4.2.a. Make loans to eligible borrowers to finance the eligible costs of eligible projects and to acquire, hold, and subordinate loan obligations in a manner as the Board determines advisable;

4.2.b. Provide eligible borrowers with other financial assistance necessary to defray eligible costs of an eligible project;

4.2.c. Enter into contracts, arrangements, and agreements with eligible borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted by W.Va. Code §17-17B-1 et seq.;

4.2.d. Enter into agreements with a government unit, private entity, department, agency, or instrumentality of the United States or of this State or another state for the purpose of planning and providing for the financing of eligible projects;

4.2.e. Establish policies and procedures for the making and administering of loans and other financial assistance and fiscal controls and accounting procedures to ensure proper accounting and reporting of the fund, government units, eligible borrowers, and private entities;

4.2.f. Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default;

4.2.g. Consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it;

4.2.h. Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the fund;

4.2.i. Expend funds credited to the fund as the Board determines necessary for the costs of administering the operations of the fund;

4.2.j. Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses;

4.2.k. Collect fees and charges in connection with its loans or other financial assistance;

4.2.l. Apply for, receive and accept from any source, aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of the fund;

4.2.m. Enter into contracts or agreements for the servicing and processing of financial agreements;

4.2.n. Enter into loan obligations and loans that may be secured or unsecured;

4.2.o. Accept notes and other forms of obligation to evidence any indebtedness as well as mortgages, liens, pledges, assignments or other security interests to secure such indebtedness;

4.2.p. Take all actions that are appropriate to protect security interests, ensure repayment of any indebtedness, and safeguard against losses of the fund, including, but not limited to, initiating foreclosures, default proceedings, and all other forms of redress, whether legal or equitable in nature;

4.2.q. Determine future capital needs of the fund. The future capital needs of the fund may be determined each year based on an actuarial valuation that reflects, among other things, anticipated revenues, project revenues, amounts in federal accounts and state accounts, fund costs, loan defaults and related risk exposure to the extent such valuation is consistent with the Actuarial Standards of Practice published by the Actuarial Standards Board.

4.2.r. Do all other things necessary or convenient to exercise powers granted or reasonably implied by W.Va. Code §17-17B-1 et seq.”

WVC 64 - 8 - 2 §64-8-2. Office of Administrative Hearings.

     The legislative rule filed in the State Register on July 31, 2014, authorized under the authority of section four-a, article five-c, chapter seventeen-c of this code, modified by the Office of Administrative Hearings to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 23, 2014, relating to the Office of Administrative Hearings (appeal procedures, 105 CSR 1), is authorized with the following amendment:

     On page 14, subdivision 16.3.1., by changing the period to a colon and adding the following proviso: Provided, That if a party prevails in its appeal, the OAH shall refund the $50 filing fee.

WVC 64-8-3

§64-8-3. Division of Public Transit.

The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section three, article sixteen-e, chapter seventeen of this code, modified by the Division of Public Transit to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 30, 2015, relating to the Division of Public Transit (rail fixed guideway systems state safety oversight, 225 CSR 1), is authorized with the following amendment:

On page 6, subsection 7.4, by striking the words “Todd Dorcas” and the comma.

WVC 64 - 8 - 3 §64-8-3. Office of Administrative Hearings.

     The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section four-a, article five-c, chapter seventeen-c of this code, relating to the Office of Administrative Hearings (appeal procedures, 105 CSR 1), is authorized with the following amendments:

     On page two, subsection 4.2., by striking out the words "an address" and inserting in lieu thereof the words "the most recent address";

     On page three, subsection 5.5., by striking out the word "proceedings" and inserting in lieu thereof the word "action";

     On page four, subsection 7.1., after the words "within thirty (30)" by inserting the word "calendar";

     On page four, subsection 7.1., after the words "necessary for proof of" by inserting the words "the filing of";

     On page five, subsection 7.7., after the words "DUI case" by inserting the words "or any other contested case";

     On page five, subsection 8.5., by striking out the word "on" and inserting in lieu thereof the word "to";

     On page seven, subsection 10.6., by striking out the words "anticipated plea,";

     On page eight, subsection 10.6., by striking out the word "received" and inserting in lieu thereof the word "receive";

     On page eight, subsection 10.6., by striking out the words "cancelled or continued" and inserting in lieu thereof the words "cancels or continues";

     On page eight, subsection 11.1., by striking out the word "submission" and inserting in lieu thereof the word "production";

     On page eleven, subsection 15.8., by striking out the word "seven (7)" and inserting in lieu thereof the word "ten (10) ";

     And,

     On page twelve, subsection 17.5., by striking out "appeals a final order, the appealing" and inserting in lieu thereof "petitions a court for judicial review of a final order, the petitioning". WVC 64-8-4

§64-8-4. Division of Motor Vehicles.

(a) The legislative rule effective on January 1, 1964, authorized under the authority of section twelve, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (rules and regulations, 91 CSR 2), is repealed.

(b) The legislative rule effective on October 24, 1971, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (special permits, 91 CSR 7), is repealed.

(c) The legislative rule effective on May 4, 1984, authorized under the authority of section three, article five-a, chapter seventeen-c of this code, relating to the Division of Motor Vehicles (safety and treatment program, 91 CSR 15), is repealed.

(d) The procedural rule effective on July 9, 1984, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (dealer and financial institution applicant or licensee administrative hearings, 91 CSR 17), is repealed.

 (e) The legislative rule effective on June 12, 1987, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (seizure of driver’s license, issuance of the temporary driver’s license, 91 CSR 20), is repealed.

(f) The legislative rule effective on June 12, 1987, authorized under the authority of section nine, article two, chapter seventeen-a of this code, relating to the Division of Motor Vehicles (Federal Safety Standards Inspection Program, 91 CSR 21), is repealed.

(g) The interpretive rule effective on September 23, 1988, authorized under the authority of section nine, article two, chapter seventeen-a, relating to the Division of Motor Vehicles (dealer issuance of temporary registration plates, 91 CSR 18), is repealed.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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