West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-09 - William R. Laird IV - Second Chance Driver's License Program › Section 149-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means a person who has submitted an application to the director to participate
				in the SCDL and is being reviewed to determine eligibility to do so and the
				requirements for his or her participation in the SCDL are being
				determined.
2.2. "Commissioner"
				means the Commissioner of the Division of Motor Vehicles, or his or her
				designee.
2.3. "Consolidated
				repayment schedule" or "payment schedule" means the schedule by which a
				participant is expected to make monthly payments for unpaid court costs
				consistent with the requirements of the program as established by the
				director.
2.4. "Court" means a
				municipal court, magistrate court, circuit court, family court or drug court in
				the State of West Virginia and the Supreme Court of Appeals of West
				Virginia.
2.5. "Director" means
				Director of the Division of Justice and Community Services (DJCS), or his or
				her designee.
2.6. "Executive
				Board" refers to the Director of the Division of Justice and Community
				Services; the Commissioner of the Division of Motor Vehicles, the
				Administrative Director of the Supreme Court of West Virginia and a
				representative of the municipal courts as designated by the Executive Director
				of the West Virginia Municipal League, which shall meet at least once annually,
				within 14 calendar days following the adjournment of each Regular Session of
				the West Virginia Legislature. The purpose of this meeting will be to discuss
				program administration, program progress and effectiveness and other SCDL
				Program business matters that may be acted upon by the members of this
				board.
2.7. "Good standing" means
				compliance by a participant with the requirements of the program, as set forth
				in the Code of the State of West Virginia and this rule.
2.8. "Monthly payment" means the amount that
				a participant is scheduled to remit to the Director each month pursuant to the
				consolidated repayment schedule.
2.9. "Participant" means a person who applies
				for, and is accepted into, the Second Chance Driver's License program by the
				director.
2.10. "Program
				Guidelines" refers to the document which may be created and executed by the
				Director and/or the Executive Board which details and/or expands upon the
				administrative and programmatic requirements of the SCDL Program. As executed,
				these guidelines will be posted to the website of the DJCS.
2.11. "Second Chance Driver's License
				Program" or "Program" or "SCDL" means the program created as a result of the
				passage of Senate Bill 634 during the 2016 legislative session, that
				establishes a payment structure for a participant to consolidate unpaid court
				costs into monthly payments over a defined period of time, coordinates the
				acceptance and distribution of monthly payments from a participant and
				certifies that a participant in good standing is eligible for a temporary stay
				of a driver's license suspension or revocation due to certain unpaid court
				costs.
2.12. "Unpaid court costs"
				means any fee, fine, expense, cost or other moneys that are required to be paid
				by a person to a court, pursuant to one or more valid court orders, and have
				not been paid in full.