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WEST VIRGINIA CODE
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WVC 64 - 8 - 1 §64-8-1. Division of Motor Vehicles.

     The legislative rule filed in the State Register on August 30, 2012, 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 21, 2012, relating to the Division of Motor Vehicles (denial, suspension, revocation, disqualification, restriction, nonrenewal, cancellation, administrative appeals and reinstatement of motor vehicle operating privileges, 91 CSR 5), is authorized with the following amendments:

     On page one, in the title, by striking out the word "PROPOSED";

     On page two, paragraph 3.2.c.1., after the words "under consideration;" by adding the word "or";

     On page three, subdivision 3.2.e., by striking out the words "subdivisions 3.2.a, 3.2.b or 3.2.c" and inserting in lieu thereof the word "subsection 3.2.";

     On page three, subsection 3.3., by striking out the words "notice submitted pursuant" and inserting in lieu thereof the words "opinion submitted pursuant";

     On page three, subsection 3.3., by striking out the words "notice submitted by" and inserting in lieu thereof the words "professional opinion submitted by";

     On page three, subsection 3.3., by striking out the word "subsection 9.2.b." and inserting in lieu thereof the word "subdivision 9.2.b.";

     On page four, paragraph 3.3.a.1., by striking out the word "States;" and inserting in lieu thereof the words "States and who practices in the specialty field of the medical condition under consideration; or";

     On page four, by striking out all of paragraph 3.3.a.2.;

     And renumbering the remaining paragraph;

     On page four, paragraph 3.3.a.3., after the word "States" by inserting the words "who practices in the specialty field of the vision condition under consideration.";

     On page six, subdivision 3.5.c., after the word "Rehabilitation" by inserting the word "Services";

     On page ten, subsection 7.1., by striking out "§17B-3-6(3)" and inserting in lieu thereof "§17B-3-6(a)";

     On page sixteen, subsection 7.9., by inserting a period after "7.9";

     On page seventeen, subsection 7.13., by striking out the following: The Office of Administrative Hearings shall use the Division's record to determine whether the point totals are correct and whether the person suspended is the person named in the citations. The burden of proof is on the driver.;

     On page nineteen, subsection 8.2., by striking out "§17B-2- 3a(j)(2)(G)" and inserting in lieu thereof "§17B-2-3a";

     On page nineteen, subdivision 8.2.a., by striking out "§17B-2-3a(j)(2)(H)" and inserting in lieu thereof "§17B-2-3a";

     On page nineteen, subdivision 8.2.b., by striking out "§17B-2- 3a(k)(1)(B)" and inserting in lieu thereof "§17B-2-3a";

     On page twenty-five, subsection 11.6., by striking out the following: The Office of Administrative Hearings shall use the Division's record to determine timely compliance with the citations and whether the person suspended is the person named in the citations. The burden of proof is on the driver.;

     On page twenty-seven, subsection 12.3., by striking out the following: The Office of Administrative Hearings shall use the Division's record to determine identity and age of the licensee. The burden of proof is on the driver.;

     On page twenty-eight, subsection 13.1., by striking out the following: The Division may not act on any failure to pay report transmitted to the Division more than one year from the date of the conviction.;

     On page twenty-nine, subsection 13.5., by striking out the following: The Office of Administrative Hearings shall use the Division's record to determine timely compliance with the citations and whether the person suspended is the person named in the citations. The burden of proof is on the driver.;

     On page thirty-one, subsection 15.5., by striking out the following: The Office of Administrative Hearings shall use the Division's record to determine whether the person suspended is the person named in the court order. The burden of proof is on the driver.;

     On page thirty-four, subdivision 16.3.a., by striking out the words "for licensees of his her state or jurisdiction";

     On page thirty-seven, paragraph 16.3.d.11, by striking out the word "Subdivision 13.6.d.8" and inserting in lieu thereof the word "Paragraph 16.3.d.8";

     On page thirty-seven, paragraph 16.3.d.12, by striking out the word "Subdivision 13.6.d.8" and inserting in lieu thereof the word "Paragraph 16.3.d.8";

     On page thirty-seven, paragraph 16.3.d.13, by striking out the word "Subdivision 13.6.d.8" and inserting in lieu thereof the word "Paragraph 16.3.d.8";

     And,

     On page thirty-nine, subdivision 16.5.b, after the words "with a valid registration" by inserting a period. Note: WV Code updated with legislation passed through the 2013 1st Special Session
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