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 91-5-10 - Suspension or Revocation Following Notice of Returned Check

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Statutory
				Provisions. -- W. Va. Code §
									17A-2-16 authorizes the Division
				to suspend or revoke any and all registration cards, permits, driver's licenses
				and registration plates issued to the person, firm or corporation by whom or on
				whose account any required fees shall have been determined to remain unpaid
				after reasonable notice and demand. W. Va. Code §
									17A-2-23 authorizes the Division
				to apply a penalty fee in addition to any other penalty imposed by the W. Va.
				Code. In accordance with the provisions of W. Va. Code §
									17A-3-14, the Division shall
				suspend without prior notice, any vehicle registration paid for by a check
				which is returned for insufficient funds. The notice and demand procedures in
				this rule does not apply to vehicle registration suspensions.
10.2. Determination of Unpaid Fee or Tax. --
				Upon receipt of any check returned to the Division unpaid for any reason, the
				Division shall consider the required fee unpaid.
10.3. Reasonable Notice and Demand. -- Upon
				the Division's receipt of a check or checks which are returned unpaid for any
				reason by the check maker's financial institution, the Division shall mail a
				proposed notice of suspension or revocation to the maker of the check and the
				licensee or registrant, if different from the check maker. The notice of
				proposed suspension or revocation shall give the check maker ten (10) days to
				redeem the face amount of the check and pay any penalty fees.
10.4. Suspension or Revocation. -- If after
				ten (10) days, the account remains unpaid, the proposed suspension or
				revocation of licenses or registrations is effective. The licensee or
				registrant has ten (10) days to surrender the suspended or revoked licenses or
				registrations to the Division.
10.5. Failure to Surrender Documents. -- In
				accordance with the provisions of W. Va. Code §
									17A-9-7 the Division shall notify
				the Superintendent of the State Police to secure possession of any registration
				plate or other document which the licensee has failed to surrender and return
				them to the Division.
10.6.
				Administrative Due Process. -- The licensee or registrant is entitled to due
				process. The licensee may appeal a suspension by requesting a hearing within
				ten (10) days of receipt of the Order.
10.7. Penalty and Reinstatement Fee. -- The
				licensee or registrant shall pay the fees as set forth in W. Va. Code
				§§
									17A-2-23,
				17A-9-7 and
				17B-3-9. The provisions of W. Va.
				Code §
									17A-9-7 also provide for an
				additional serve order fee if the State Police is ordered to secure the
				suspended or revoked licenses or registrations.
10.8. Payment. -- A licensee or registrant
				shall pay all fees required under the provisions of this rule by certified
				check, money order or cash.