West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-4 - Commercial Whitewater Outfitters License

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A commercial whitewater outfitter shall
				obtain a license from the director prior to the commencement of operations on
				any waters of the State.
4.2. A
				commercial whitewater outfitter issued a license by the director shall comply
				with the terms and conditions of that license.
4.3. The director may issue new licenses
				valid for one or more designated whitewater zones upon a finding by him or her,
				and with the approval of the Whitewater Commission, that the commercial
				whitewater outfitters currently operating in the same whitewater zone or zones
				have not fully used the daily use limits set under the provisions of section 8
				of this rule. The director shall file public notice of his or her intent to
				issue new licenses for a designated whitewater zone immediately upon such a
				finding.
4.4. Before any outfitting
				services are offered or rendered, each commercial whitewater outfitter shall
				execute a surety bond in the penal sum of $1,000 payable to the State of West
				Virginia and shall hold valid public liability insurance in the name of the
				commercial whitewater outfitter with minimum coverage of $300,000 per
				occurrence for bodily injury and $25,000 aggregate for property damage. The
				commercial whitewater outfitter shall submit proof of liability insurance
				coverage and the surety bond to the director not later than February 15th of
				each year. The issuing insurance company shall furnish immediate written
				notification of the cancellation of the policy and/or the surety bond to the
				director. The requirement of cancellation notification shall be printed on the
				bottom of every policy.
4.5. The
				commercial whitewater outfitter shall pay its annual license fees to the
				Division not later than February 15th.
4.6. An applicant for a commercial whitewater
				outfitter's license for the ensuing year shall provide the director with the
				information specified on the Division's application and any additional
				information that the director considers necessary for consideration of the
				application by March 15th. Upon review and consideration by the whitewater
				commission, the director shall send the applicant a written reply by September
				30th stating whether the license will be granted.
4.7. A commercial whitewater outfitter shall
				keep a current record or file containing the name, address, age, and residency
				of all persons who have used his or her services. An outfitter operation shall
				keep a current record or file containing the name, address, age, and residency
				of all persons who have used his or her services in a whitewater zone. These
				records shall be kept for a period of two years and shall be made available to
				the director upon request.
4.8.
				Whitewater Guide Trainee Information Sheet.
4.8.1. Individual guides are responsible for
				completing the Whitewater Guide Trainee Information Sheet furnished by the
				division. The commercial whitewater outfitter shall provide forms to individual
				guides or guide trainees.
4.8.2. A
				commercial whitewater outfitter shall not employ a guide trainee to guide on a
				commercial whitewater expedition until it has received the guide trainee's
				information sheet.
4.8.3. A West
				Virginia commercial whitewater guide is not required to supplement the guide
				trainee information sheet except to show qualifications for additional rivers
				or sections of rivers.
4.8.4. The
				commercial whitewater outfitter is responsible for keeping on file the original
				or a certified copy of the completed whitewater guide trainee information
				sheet. These records shall be maintained by the commercial whitewater outfitter
				for two years following the guide's last date of employment. The commercial
				whitewater outfitter shall provide the guide or guide trainee with a certified
				copy of the trainee information sheet and, upon request, shall forward a copy
				to the Division of Natural Resources, Law Enforcement Section, 324 Fourth
				Avenue, South Charleston, West Virginia 25303-1228.