reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6B. License Services › §17A-6B-5. Refusal of License Certificate

If the commissioner finds that the applicant:
(1) Has failed to furnish the required bond;
(2) Has knowingly made a false statement of a material fact in the application;
(3) Has habitually defaulted on financial obligations;
(4) Has been convicted of a felony within five years immediately preceding receipt of the application by the commissioner;
(5) So far as can be ascertained, has not complied with and will not comply with the registration and title laws of this state;
(6) Has been guilty of any fraudulent act in connection with the business of licensing service; or
(7) Has done any act or has failed or refused to perform any duty for which the license certificate sought could be suspended or revoked were it then issued and outstanding.
Then, upon the basis of the application, such findings, and all other information, the commissioner shall make and enter an order denying the application for a license certificate, which denial is final and conclusive unless an appeal is taken. Otherwise, the commissioner shall issue to the applicant the license certificate which shall entitle the licensee to engage in the license service business.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6B. License Services › §17A-6B-6. When Application to Be Made; Expiration of License Certificate; Renewal

(a) The initial application for a license certificate to engage in a license service business shall be made thirty days prior to January 1, 1991. This license shall be valid for one year.
(b) Any initial application made after January 1, 1991, and any year thereafter, shall expire on December 31, of that year.
(c) A license certificate may be renewed by paying the renewal fee and after review by the commissioner.
(d) A license certificate issued in accordance with the provisions of this article shall not be transferable.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6B. License Services › §17A-6B-7. Form and Display of License Certificate; Certified Copies of License

(a) The commissioner shall prescribe the form of the license certificate for a license service business. Each license certificate shall have printed thereon the seal of the division, the location of each place of business of the licensee, the year for which the license is issued, the serial number, and such other information the commissioner may prescribe. The license certificate shall be delivered or mailed to the licensee.
(b) When a licensee conducts his or her licensed business at more than one location, he or she shall, upon application therefor, obtain from the commissioner, for each such place of business, one certified copy of the license certificate. A fee of $1 shall be paid for each such certified copy. Each licensee shall keep his or her license certificate or certified copy thereof conspicuously posted at each place of business.
(c) In the event of the loss or destruction of a license certificate or a certified copy thereof, the licensee shall immediately make application for a certified copy of the license certificate. A fee of $1 shall be required for any such certified copy.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6B. License Services › §17A-6B-8. Changes in Business; Action Required

Every license service business shall notify the commissioner within sixty days from the date on which any of the following changes in the business occur:
(1) A change of the location of any place of business;
(2) A change of the name or trade name under which the licensee engages or will engage in the business;
(3) The death of the licensee or any partner or partners thereof;
(4) A change in any partners, officers or directors;
(5) A change in ownership of the business;
(6) A change in the type of legal entity by and through which the licensee engages or will engage in the business; or
(7) The appointment of any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, master or receiver.
When any change specified in subdivision (1), (2), (3), (4), (5) or (6) occurs, an application for a new license certificate shall immediately be filed with the commissioner: Provided, That when a subdivision (3) change is involved, an application for a new license certificate need not be filed during the balance of the license year if a member of the family of such deceased person succeeds to the interest in the business. Upon receipt and review of the application, a new license certificate shall be issued incorporating the changes. No additional fee for the balance of the license year shall be required for the issuance of any new license certificate issued as a result of any change specified in this section.
No new license certificate shall be required for any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, receiver or master, appointed pursuant to law, who shall take charge of or operate such business for the purpose of winding up the affairs of such business or protecting the interests of the creditors of such business.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6B. License Services › §17A-6B-11. Inspections; Violations and Penalties

(a) The commissioner and all law-enforcement officers of the state, acting at the commissioner's request, are hereby authorized to inspect the place of business and pertinent records, documents and papers of any person required to be licensed under the provisions of this article to the extent deemed reasonably necessary to determine compliance with and violations of this article. For the purpose of making any such inspection, the commissioner and such law-enforcement officers are authorized, at reasonable times, to enter in and upon any such place of business.
(b) Any person who shall violate any provision of this article or any final order of the commissioner or board hereunder shall be guilty of a misdemeanor and, the provisions of article eleven of this chapter governing violations of this chapter generally shall be fully applicable thereto.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6B. License Services › §17A-6B-12. Injunctive Relief

(a) Whenever it appears to the commissioner that any person or licensee has violated any provision of this article or any final order of the commissioner, the commissioner may petition, in the name of the state, the circuit court of the county in which the violation or violations occurred, for an injunction against such person or licensee. A violation or violations resulting in prosecution or conviction under the provisions of article eleven of this chapter shall not prohibit injunctive relief.
The circuit court may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final orders of the commissioner. The court may also issue temporary injunctions.
(b) The judgment by the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-1. License Certificate Required; Application Form; Prohibited Acts; Reassignment of Title; and Exemption From Privilege Tax

(a) A person, partnership or corporation may not engage in, represent or advertise that he she or it is in the business of conducting automobile auctions without first obtaining a license certificate from the office of the commissioner. The commissioner shall provide an application form for applicants seeking a license certificate. The applicant shall provide full information required by the commissioner on the application form. The applicant, if a person, shall verify the information on the form by oath or affirmation. If the applicant is a partnership or corporation, the oath or affirmation shall be made by a partner or an officer of the corporation.
(b) For the purposes of this article, the term "automobile auction" means an auction or other sale where twenty or more used motor vehicles are offered for sale by auction within a license year, but does not include a sale or auction of surplus vehicles by an agency of this state, a municipality of this state or of the federal government or a sale or auction of repossessed vehicles by a financial institution or a sale or auction by a licensed motor vehicle dealer of vehicles owned by said dealer.
(c) The automobile auction may auction or sell vehicles owned by the auction or may auction vehicles which are owned by others,
(d) When the transferee of a vehicle is an automobile auction which holds the same for resale and lawfully operates the same under Class AA plates, such automobile auction shall not be required to obtain a new registration of said vehicle or be required to forward the certificate of title to the division, but upon transfer of title or interest to another person the automobile auction shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver the same not later than sixty days from date of sale to the person to whom such transfer is made.
(e) The tax imposed by section four, article three of this chapter does not apply to the titling of vehicles purchased for resale by an automobile auction.
(f) Notwithstanding any other provision of this article, while the vehicle is in the possession and control of an automobile auction business, its employees may not operate or allow another to operate a vehicle with a salvage or a nonrepairable motor vehicle certificate issued pursuant to section ten, article four of this chapter on the roads and highways of this state. In accordance with the temporary plate provisions and the special dealer plate provisions of this article, an automobile auction may operate or allow another person to operate a vehicle on the roads and highways of this state that has a cosmetic total loss salvage certificate issued pursuant to section ten, article four of this chapter.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-2. Bonds and Insurance

(a) An application for a license certificate must be accompanied by a bond, issued by a surety corporation authorized to issue bonds in this state, in the penal sum of $25,000, to ensure that the licensee will not make fraudulent representations to the detriment of any purchaser, seller, financial institution or the State of West Virginia. The bond shall be effective on the date the license certificate is issued. A licensee shall keep the bond in full force and effect at all times. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. The surety of the bond shall have the right to cancel upon giving thirty days' notice to the commissioner and shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation.
(b) An application for a license certificate must also be accompanied by a certificate of insurance certifying that the applicant has in force an insurance policy, issued by an insurance company authorized to do business in this state, insuring the applicant and any other person using any vehicle or vehicles owned by, or in the possession of, the applicant with the expressed or implied permission of the applicant, against loss from the liability imposed by law for damages arising out of the ownership, possession, operation, maintenance or use of such vehicles, subject to minimum limits, exclusive of interest and costs, with respect to each vehicle, as follows: $20,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, $40,000 because of bodily injury to or death of two or more persons in any one accident and $10,000 because of injury to or destruction of property of others in any one accident.
(c) The liability insurance policy shall run concurrently with the license year and shall remain in full force and effect at all times.
(d) All persons conducting business at or through an automobile auction business in this state must obey all Division of Motor Vehicles laws and rules.
(e) Automobile auction businesses shall report any violations of law or any scheme designed to deceive or defraud the automobile buying public and assist in prosecuting those involved in such acts.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-3. Established Place of Business Requirements

Each automobile auction shall:
(a) Be located at a permanent site which is owned or leased by the licensee.
(b) Have no other class of dealership operating from the automobile auction location.
(c) Have office space of at least one hundred forty-five square feet, with necessary office furniture, heating and lighting facilities, restroom facilities and a telephone listed in the name of the automobile auction.
(d) Maintain parking space for at least one hundred vehicles.
(e) Display at least one permanent sign that is clearly visible from the nearest street or highway. The sign shall state that automobile auctions are conducted at that site.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-4. Fee Required for License Certificate

(a) The initial application fee for a certificate to engage in the automobile auction business is $250. The renewal fee is $100.
(b) The fee entitles the licensee to one special plate known as the Class AA special plate.
(c) A licensee is also entitled to additional Class AA special plates for a fee of $25 each based on the following formula:
ANNUAL VEHICLE SALESADDITIONAL AA PLATES
0 - 2392
240 - 4994(Additional)
500 - 9994(Additional)
1000- More4Plates per 500
vehicles sold.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-5. Investigation Prior to Issuance of License Certificate; Information Confidential

(a) Upon receipt of a completed application, the required bond, certificate of insurance and the application fee, the commissioner may investigate to determine the accuracy of the application and any facts relevant to the application. The commissioner may withhold issuance or refusal of a license for up to twenty days after an application is received.
(b) An application for a license certificate under the provisions of this article and any information submitted are confidential. No person may divulge any information contained in any application or any information submitted except in response to a valid subpoena or subpoena duces tecum.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-6. Refusal of License Certificate

The commissioner shall deny an application if he or she finds that the applicant:
(a) Has failed to furnish the required bond;
(b) Has failed to furnish the required certificate of insurance;
(c) Has knowingly made a false statement of a material fact in the application;
(d) Has habitually defaulted on financial obligations;
(e) Has been convicted of a felony within five years immediately preceding receipt of the application by the commissioner;
(f) Has been refused, or has had revoked, an automobile auction license in any other state or jurisdiction within five years immediately preceding receipt of the application by the commissioner;
(g) So far as can be ascertained, has not complied with and will not comply with the registration and title laws of this state;
(h) Has been convicted of any fraudulent act in connection with the business of an automobile auction; or
(i) Has committed any act or has failed or refused to perform any duty for which the license certificate, if issued, could be suspended or revoked.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-7. Licensing Period, Renewal and Expiration

(a) A license certificate may not be issued prior to July 1, 1993. Applicants shall apply at least thirty days in advance. License certificates expire on June 30 each year.
(b) License certificates are renewable by the payment of fees by a licensee in good standing with the commissioner. A license certificate may not be transferred, or used by any person other than the licensee, except as provided in section nine of this article.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-8. Form and Display of License Certificate; Certified Copies of License

(a) The commissioner shall prescribe the form of the license certificate for an automobile auction business. Each license certificate shall have the seal of the division, the location of each place of business of the licensee, the year for which the license is issued, the serial number and other information the commissioner may prescribe printed on it. The license certificate shall be delivered or mailed to the licensee.
(b) When a licensee conducts business at more than one location, he or she shall obtain from the commissioner one certified copy of the license certificate for each place of business for a fee of $1 each. Each licensee shall keep either his or her license certificate or a certified copy conspicuously posted at each place of business.
(c) In the event of the loss or destruction of a license certificate or a certified copy, the licensee shall immediately make application for a certified copy of the lost license certificate. The fee for a replacement copy is $3.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-9. Changes in Business; Action Required

Every automobile auction business shall notify the commissioner immediately when any of the following changes in the business occur:
(a) A change of the location of any place of business;
(b) A change of the name or trade name under which the licensee engages or will engage in the business;
(c) The death of the licensee or any partner or partners thereof;
(d) A change in any partners, officers or directors;
(e) A change in ownership of the business;
(f) A change in the type of legal entity by and through which the licensee engages or will engage in the business; or
(g) The appointment of any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, master or receiver.
When any change specified in subdivision (a), (b), (c), (d), (e) or (f) occurs, an application for a new license certificate shall immediately be filed with the commissioner: Provided, That when a subdivision (c) change is involved, an application for a new license certificate need not be filed during the balance of the license year if a member of the family of the deceased person succeeds to the interest in the business.
Upon receipt and review of the application, a new license certificate shall be issued incorporating the changes. No additional fee for the balance of the license year shall be required for the issuance of any new license certificate issued as a result of any change specified in subdivision (a), (b), (c), (d), (e) or (f).
No new license certificate is required for any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, receiver or master, appointed pursuant to law, who takes charge of or operates such business for the purpose of winding up the affairs of such business or protecting the interests of the creditors of such business.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-12. Use of Special Plates; Records to Be Maintained by Automobile Auction Business; Operation of Vehicles Under Special Plates; Expiration of Special Plate

(a) Class AA special plates may be used by the automobile auction business receiving them only for the purpose of transporting or moving consigned or owned motor vehicles to and from the automobile auction in the normal course of business or for purposes of demonstrating vehicles owned by the auction which are offered for sale: Provided, That under no circumstances may a Class AA special plate be used on any work or service vehicle owned by the automobile auction business on any vehicle being operated for personal reasons or on any vehicle sold by or through it to a purchaser.
(b) Every automobile auction business entitled to and issued a special plate or plates under the provisions of this article shall keep a written record of the location of each plate. Every record shall be open to inspection by the commissioner, his or her representative or any law-enforcement officer, when acting in an official capacity.
(c) An automobile auction business licensee who holds on consignment a vehicle or vehicles of the type required to be registered under this chapter may operate or move the same upon the streets and highways without registering each vehicle if the vehicle displays a special plate issued as provided in this article.
(d) Every special plate or plates shall expire at midnight on June 30. A new plate or plates for the ensuing year may be obtained as specified in section four of this article.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-13. Records Must Be Kept and Maintained

In addition to all other records required to be kept and maintained, the licensee shall keep and maintain a record of the following on forms and for the period of time proscribed by the commissioner:
(a) Every vehicle which is sold at auction by a licensee or received or accepted by the licensee for sale at auction;
(b) The name and address of the person from whom the vehicle was acquired and the date thereof, the name and address of the person to whom the vehicle was sold or auctioned, the date thereof, and a description of each vehicle with name and identifying numbers sufficient to identify it; and
(c) Records as the commissioner may require by reasonable rules promulgated pursuant to this article.
All records required to be kept and maintained shall be kept for a period of at least three years from the date of the making and shall be open to inspection by the commissioner, his or her representative or any law-enforcement officer while acting in an official capacity.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-14. Notice of Refusal, or Suspension or Revocation, of License Certificate or of Suspension of Right to Issue Temporary Registration Plates or Markers or of Suspension of an Automobile Auction Special Plate or Plates; Relinquishing License Certificate, Dealer Special Plate or Plates and Temporary Plates or Markers

(a) If the commissioner refuses to issue a license certificate, or suspends or revokes a license certificate, or suspends the right of an automobile auction business to issue temporary plates or markers under the provisions of section fifteen of this article, or suspends a Class AA special plate or plates, he or she shall make and enter an order to that effect and shall cause a copy of the order to be served in person or by certified mail, return receipt requested, on the applicant or licensee.
(b) If a license certificate is suspended or revoked, the commissioner shall, in the order of suspension or revocation, direct the licensee to return to the department his or her license certificate and any special Class AA plates and temporary registration plates or markers issued in conjunction with the issuance of the license certificate of the business. If the right of an automobile auction business to issue temporary registration plates or markers is suspended or a Class AA special plate or plates are suspended, the commissioner shall in the order of suspension direct the licensee to return to the department all temporary registration plates or markers issued in conjunction with the business. It is the duty of the licensee to comply with an order. If a licensee fails or refuses to comply with any order, the commissioner shall proceed as provided in section seven, article nine of this chapter.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-15. Inspections; Violations and Penalties

(a) The commissioner and law-enforcement officers of the state, acting at the commissioner's request, are hereby authorized to inspect the place of business and pertinent records, documents and papers of any person required to be licensed under the provisions of this article to the extent deemed reasonably necessary to determine compliance with the provisions of this article. For the purpose of making an inspection, the commissioner and law-enforcement officers are authorized, at reasonable times, to enter the place of business.
(b) Any person who violates any provision of this article or any final order of the commissioner is guilty of a misdemeanor and, is subject to the provisions of article eleven of this chapter.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-16. Injunctive Relief

(a) If it appears to the commissioner that any person or licensee has violated any provision of this article or any final order of the commissioner, the commissioner may petition, in the name of the state, the circuit court of the county in which the violation or violations occurred, for an injunction against such person or licensee. A violation or violations resulting in prosecution or conviction under the provisions of article eleven of this chapter shall not prohibit injunctive relief.
The circuit court may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final orders of the commissioner. The court may also issue temporary injunctions.
(b) The judgment by the circuit court is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6C. Automobile Auction Businesses › §17A-6C-17. Promulgation of Rules

The commissioner shall promulgate rules in accordance with chapter twenty-nine-a of this code in order to effect the provisions of this article. Any reference in this article to rules shall be construed to mean rules promulgated in accordance with said chapter.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-1. License Certificate Required; Application

No person may engage in a daily passenger rental car business in West Virginia without a license certificate.
Application for a daily passenger rental car license certificate shall be made on a form prescribed by the commissioner and shall disclose any information required by the commissioner. The application shall be verified by an oath or affirmation of the applicant, if an individual, or if the applicant is a corporation, partnership or limited liability company by a partner or officer thereof.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-2. Collection of Daily Passenger Car Rental Tax Imposed

The tax authorized by section four, article three of this chapter and established by rules promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code shall be collected by each rental car business. The daily passenger car business shall collect the tax on each vehicle rented regardless of where the vehicle is titled or registered and shall remit all taxes collected to the Division of Motor Vehicles on a monthly basis. All taxes collected pursuant to this section shall be deposited in the state road fund and subject to appropriation by the Legislature. The daily passenger car business shall complete the returns required by the Commissioner of Motor Vehicles and submit them monthly with the remittance. In addition, an annual return which summarizes the monthly returns is required. The monthly returns are due no later than the fifteenth day following the last day of the month for which the return applies, and the annual return shall be due no later than the thirtieth day following the close of the year to which it applies. The Commissioner of Motor Vehicles shall promulgate an emergency rule pursuant to the provisions of chapter twenty-nine-a of this code setting forth pertinent information regarding the collection of the tax imposed under this section, the definition of a daily passenger car rental business, and specifying forms. Nonpayment of the tax shall constitute grounds for the Commissioner of Motor Vehicles to deny, suspend or revoke the license certificate set forth in this article. The emergency rule shall be filed on or before June 1, 2000.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-3. Liability of Officers of Corporation, etc.

If the taxpayer is an association, partnership or corporation, the officers thereof shall be personally liable, jointly and severally, for any default on the part of the association, partnership or corporation, and payment of the tax and any additions to the tax, penalties and interest on the tax imposed by this article may be enforced against the officers as against the association, partnership or corporation which they represent. Any failure to collect the tax imposed in this article and/or any failure to timely remit to the Commissioner of Motor Vehicles the tax imposed by this article constitutes a default for purposes of this section. Any other failure to comply with the provisions of this article constitutes a default for purposes of this section.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-4. Annual Return; Extension of Time

(a) Date due. -- On or before thirty days after the end of the tax year, each person liable for the payment of any tax due under this article shall make and file an annual return in such form as may be required by the Commissioner of Motor Vehicles, showing:
(1) Total gross proceeds of his or her daily passenger car rental business for preceding tax year;
(2) Gross proceeds upon which the tax for that year was computed; and
(3) Any other information necessary in the computation or collection of the tax that the Commissioner of Motor Vehicles may require.
(b) Payment. -- After deducting the amount of prior payments during the tax year, the taxpayer shall forward the annual return along with payment of any remaining tax, due for the preceding tax year, to the Commissioner of Motor Vehicles. The taxpayer or his duly authorized agent shall verify the return under oath.
(c) Extension of time. -- The Commissioner of Motor Vehicles for good cause shown, may, on written application of a taxpayer, extend the time for making any return required by the provisions of this article.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-5. Applicant Must Be Bonded

An application for a license certificate must be accompanied by a bond in the penal sum of $25,000 and have a corporate surety authorized to do business in this state, to ensure that the applicant will not, in the conduct of his or her business, make any fraudulent representation which causes a financial loss to any purchaser, seller, financial institution, agency or the State of West Virginia. The bond shall be effective on the date the license certificate is issued.
A licensee shall keep the bond in full force and effect at all times. The surety on the bond may cancel the bond upon giving thirty days' notice to the commissioner and, after notice of cancellation, the surety is relieved of liability for any breach or condition occurring after the effective date of the cancellation.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-7. Investigation Prior to Issuance of License Certificate; Information Confidential

Upon receipt of a completed application, the required bond and the application fee, the commissioner may conduct an investigation if necessary to determine the accuracy of any statements contained in the application and the existence of any other facts relevant in considering the application. To facilitate the investigation, the commissioner may withhold issuance or refusal of the license certificate for a period not to exceed thirty days.
Any application for a license certificate under the provisions of this article and any information submitted regarding the application shall be confidential for use of the division. No person may divulge any information contained in any application or any information submitted regarding the application, except in response to a valid subpoena or subpoena duces tecum issued pursuant to law.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-8. Refusal of License Certificate

If the commissioner finds that the applicant:
(1) Has failed to furnish the required bond;
(2) Has knowingly made a false statement of a material fact in the application;
(3) Has habitually defaulted on financial obligations;
(4) Has been convicted of a felony within five years immediately preceding receipt of the application by the commissioner;
(5) Has not complied with the registration and title laws of this state;
(6) Has been guilty of any fraudulent act in connection with the business of a daily passenger rental car business;
(7) Has done any act or has failed or refused to perform any duty for which the license certificate sought could be suspended or revoked were it then issued and outstanding;
(8) Has not attained the age of eighteen years;
(9) Has been delinquent in the payment of any taxes owed to a political subdivision of or to the State of West Virginia;
(10) Has been denied a license in another state or has been the subject of license revocation or suspension in another state;
(11) Has committed any action in another state which, if it had been committed in this state, would be grounds for denial and refusal of the application for a license certificate.
Then, upon the basis of the application, such finding and all other information, the commissioner shall make and enter an order denying the application for a license certificate. The denial is final and conclusive subject to appeal. If there is no basis to deny the application, the commissioner shall issue to the applicant the license certificate which shall entitle the licensee to engage in a daily passenger rental car business.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-9. When Application to Be Made; Expiration of License Certificate; Renewal

(a) The initial application for a license certificate to engage in a daily passenger rental car business shall be made at least thirty days prior to January 1, 2001. This license shall be valid for one year.
(b) Any initial application made after January 1, 2001, and any year thereafter, shall expire on December 31, of that year.
(c) A license certificate may be renewed by paying the renewal fee and review by the commissioner. Any application for renewal must be received by the commissioner at least thirty days prior to its expiration.
(d) A license certificate issued in accordance with the provisions of this article shall not be transferable.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-10. Form and Display of License Certificate; Certified Copies of License

(a) The commissioner shall prescribe the form of the license certificate for a daily passenger rental car business. Each license certificate shall have printed on the certificate the seal of the division, the location of each place of business of the licensee, the year for which the license is issued, the license certificate number and any other information the commissioner may prescribe. The license certificate shall be delivered or mailed to the licensee.
(b) When a licensee conducts his or her licensed business at more than one location, he or she shall apply to the commission for a certified copy of the license certificate for each place of business. A fee of $1 shall be paid for each certified copy of the license certificate. The license certificate is to be conspicuously posted at each place of business.
(c) In the event of the loss or destruction of a license certificate or a certified copy of the license certificate, the licensee shall immediately make application for a certified copy of the license certificate. A fee of $1 shall be required for a certified copy.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-11. Changes in Business; Action Required

Every daily passenger rental car business shall notify the commissioner within sixty days from the date on which any of the following changes in the business occur:
(1) A change of the location of any place of business;
(2) A change of the name or trade name under which the licensee engages or will engage in the business;
(3) The death of the licensee or any partner or partners of the licensee;
(4) A change in any partners, officers or directors;
(5) A change in ownership of the business;
(6) A change in the type of legal entity by and through which the licensee engages or will engage in the business; or
(7) The appointment of any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, master or receiver.
When any change specified in subdivision (1), (2), (3), (4), (5) or (6) occurs, an application for a new license certificate shall immediately be filed with the commissioner: Provided, That when a change is made involving subdivision (3) of this section, an application for a new license certificate need not be filed during the balance of the license year if a member of the family of the deceased person succeeds to the interest in the business. Upon receipt and review of the application, a new license certificate shall be issued incorporating the changes. No additional fee for the balance of the license year is required for the issuance of any new license certificate issued as a result of any change specified in this section.
No new license certificate is required for any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, receiver or master, appointed pursuant to law, who shall take charge of or operate such business for the purpose of winding up the affairs of the business or protecting the interests of the creditors of the business.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-13. Inspections; Violations and Penalties

(a) The commissioner and his agents, acting at the commissioner's request, are hereby authorized to inspect the place of business and pertinent records, documents and papers of any person required to be licensed under the provisions of this article to the extent deemed reasonably necessary to determine compliance with and violations of this article. For the purpose of making an inspection, the commissioner and his agents are authorized, at reasonable times, to enter in and upon the place of business suspected of being in violation of this article.
(b) Any person who violates any provision of this article or any final order of the commissioner or board issued pursuant to this article, shall be guilty of a misdemeanor and, the provisions of article eleven of this chapter governing violations of this chapter shall be fully applicable to the violation.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-14. Injunctive Relief

(a) Whenever it appears to the commissioner that any person or licensee has violated any provision of this article or any final order of the commissioner, the commissioner may petition, in the name of the state, the circuit court of the county in which the violation or violations occurred, for an injunction against the person or licensee. A violation or violations resulting in prosecution or conviction under the provisions of article eleven of this chapter shall not prohibit injunctive relief.
The circuit court may, by mandatory or prohibitory injunction, compel compliance with the provisions of this article and all final orders of the commissioner. The court may also issue temporary injunctions.
(b) The judgment by the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in the manner and within the time provided by law for appeals from circuit courts in other civil cases.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-16. Vehicle License Cost Recovery Fee Charged by Daily Passenger Rental Car Company

(a) As used in this section:
(1) "Vehicle license costs" means the costs incurred by a daily passenger rental car company for licensing, titling, registration, property tax, plating and inspecting rental motor vehicles; and
(2) "Vehicle license cost recovery fee" means a charge on a vehicle rental transaction originating within this state that may be separately stated on the rental agreement to recover vehicle license costs.
(b) Method for vehicle cost recovery. –
(1) If a daily passenger car rental company includes a vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the company's good-faith estimate of the daily passenger rental car daily charge to recover its actual total annual vehicle license costs.
(2) If the total amount of the vehicle license cost recovery fees collected by a daily passenger rental car company under this section in any calendar year exceeds the company's actual vehicle license costs, the daily passenger car rental company shall:
(A) Retain the excess amount; and
(B) Adjust the vehicle cost recovery fee for the following calendar year by a corresponding amount.
(c) Nothing in this section prevents a daily passenger car rental company from including, or making adjustments during the calendar year to, separately stated surcharges, fees or charges in the rental agreement, which may include, but are not limited to, vehicle license cost recovery fees, airport access fees, airport concession fees, consolidated facility charges and all applicable taxes.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6D. Daily Passenger Rental Car Business › §17A-6D-17. Authorized Administrative Fees

(a) As used in this section, "administrative fees" means reasonable costs expressly provided for in the master rental agreement pertaining to parking tickets, tolls, citations for other non-moving violations, and other costs incurred by the rental customer and not timely paid by the rental customer and paid by the daily passenger car rental company. Administrative fees may not exceed $25 per rental agreement or ten percent of the debt owed, whichever is less.
(b) Notwithstanding any provision of this code to the contrary, including, but not limited to 46A-2-128(d) of this code, a daily passenger rental car company may collect or charge administrative fees incidental to, or arising from, the rental transaction when the administrative fees are expressly provided for in the master rental agreement and affirmatively acknowledged by the rental customer.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6F. Peer-to-Peer Car Sharing Programs › §17A-6F-1. Scope

This article is intended to govern the intersection of peer-to-peer car services, the state-regulated business of insurance, and state and local taxation of the business transaction and the airport and airport authorities authority to regulate peer-to-peer car services provided to airport customers This article does not void, abrogate, restrict, or affect any requirements of 17A-6D-1
et seq
. of this code relating to daily passenger rental car business or 17A-6A-1
et seq
. of this code relating to motor vehicle dealers, distributors, wholesalers, and manufacturers.
2023 West Virginia Code › Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions › Article 6F. Peer-to-Peer Car Sharing Programs › §17A-6F-4. Notification of Implications of Lien

At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program, and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.