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Chapter 64     Entire Code
‹ Chapter 63  |  Chapter WVCODE › Printer Friendly Versions
Chapter 64  |  Article 64 - 8
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. 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. 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. 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".

Note: WV Code updated with legislation passed through the 2015 Regular Session
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