West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-12 - Restriction or Denial of License under Student Attendance Law

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Statutory
				Provisions. -- In accordance with the provisions of W. Va. Code §§
									17B-3-6(a)(9)
				and 18-8-11, the Division of Motor
				Vehicles shall restrict a driver's license or instruction permit issued to any
				person under the age of seventeen upon certification by the attendance director
				or chief administrator of the county that the person is not compliant with the
				attendance requirements of §
									18-8-11.
12.2. Notification. -- Upon notification that
				a person under the age of seventeen years has failed to comply with W. Va. Code
				§
									18-8-11, the Division of Motor
				Vehicles shall check to determine if the person has a driver's license or
				instruction permit. If the person is licensed, the Division shall send a notice
				of restriction by certified mail to the licensee's address of record, return
				receipt requested. The notice of restriction shall inform the licensee that his
				or her license shall be restricted to driving for work or medical purposes or
				educational or religious pursuits. The notice shall also advise that the
				restriction shall begin thirty (30) days after the date upon which the letter
				was mailed, unless the licensee can show documentation of compliance with W.
				Va. Code §
									18-8-11 prior to the date of
				restriction. The notice shall also advise the licensee that he or she is
				entitled to a hearing before the county superintendent of schools or his or her
				designee or before the appropriate private school official concerning whether
				or not the licensee's withdrawal from school was due to circumstances beyond
				the control of the licensee, making the licensee eligible for a waiver from the
				provisions of W. Va. Code §18-8-11.
12.3. Administrative Hearing. -- The licensee
				may appeal a suspension by requesting a hearing within ten (10) days of receipt
				of the Order. The scope of the hearing is limited to questions of improper
				identity, incorrect age or some other bookkeeping error made by the Division.
				The circuit court shall use the Division's record to determine identity and age
				of the licensee. The burden of proof is on the driver.
12.4. Reinstatement. -- The Division shall
				reinstate any license which has been restricted under W. Va. Code §
									17B-3-6, pursuant to W. Va. Code
				§
									18-8-11, after the licensee shows
				that he or she has:
12.4.a. Reached the age of
				seventeen;
12.4.b. A certificate of
				graduation issued to the person from a secondary high school or general
				education development certificate;
12.4.c. A release of restriction issued by
				the attendance director or chief administrator of the county;
12.4.d. Certification from the attendance
				director or chief administrator of the county that the person is excused from
				the requirements of W. Va. Code §
										18-8-11; or
12.4.e. Certification of enrollment in an
				institution of higher education as a full-time student in this state or any
				other state.
12.4.f. Certification
				from a parent or legal guardian that the child is being educated and making
				satisfactory academic progress through home schooling.