W. Va. Code R. § 150-22-4
The applicant shall file annually between the 1st day of August and the 30th day of November of the year preceding the registra-tion year an application with the Commission for registration of all ICC regulated operations. The required application form to be used is attached hereto.
The application form must be completed in its entirety and signed by an authorized member of the company or its agent, otherwise the registration shall be considered incomplete.
The application must contain the full name of the motor carrier. This includes all owner name(s) and any d/b/a (doing business as). This name will be verified with the name shown on the ICC certificate or permit submitted with the application. If the name on the application differs from the most recent ICC certificate or permit, the registration will be considered incomplete until the applicant provides a copy of the reentitlement from the ICC showing the change of name or amends the application form by providing written notice to the registration state.
The registrant will indicate the type of registration being filed. A motor carrier receiving ICC authority for the first time will be a "New Carrier Registration". If the motor carrier has previously registered in any of the eligible states for transporting commodities authorized by the ICC using the old registra-tion system ( Public Law 89-170) or using the new Single State Registration System, the application form would indicate an "Annual Registration".
If the motor carrier has changed its registration state since its last application filing, the motor carrier must identify the prior registra-tion state.
The registrant shall indicate the type of motor carrier, whether a sole proprietor, partnership or corporation. This information should not contradict the name of the motor carrier as indicated on the top of the registra-tion form. For example, if the applicant's name is a sole owner and the motor carrier indicates a partnership or corporation operation, the registration will be considered incomplete and the Commission will contact the applicant (and possibly the ICC) for clarification. If the motor carrier has changed its name or transferred its operating rights without notification to the ICC, the application will be considered incomplete until a transfer order or reentitlement is issued by the ICC and filed with the Commission. If the ICC certificate or permit is correct and the application form is incorrect, the motor carrier will notify the Commission in writing to amend its application form or correct a returned application.
The applicant must indicate the type of authority issued by the ICC. This information will be verified from the ICC certificate or permit issued to the motor carrier except for registration of emergency temporary authority or temporary authority (see section 4.11.).
The applicant shall file with the application for a new carrier registration or for the first year of this program in the registra-tion state only, a full copy of its interstate certificate(s) of authority or permit(s) issued by the ICC. If the ICC authority is not submitted with the application, the registration will be considered incomplete. The Commission may waive the filing of copies of any authority granted by the ICC if that grant of authority is longer than 20 pages in length. When the waiver is granted in writing by the Commis-sion, the motor carrier shall provide a copy of the portion of the ICC order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order. The Commis-sion is not required to review the ICC certificates or permits for states of travel for which fees are being paid under these procedures.
If new operating authority is granted to the registrant during the registration period, the registrant changes its name and/or address, or receives any order or reentitlement by the ICC during the registration year, a copy must be filed with the Commission as soon as they are issued. The registrant shall not wait until the next annual registration period to file copies of additional grants with the Commis-sion.
The requirement for filing a copy of the applicant's interstate certificate or permit is waived if the registrant holds emergency temporary authority (ETA) or temporary authority (TA) from the ICC for 120 days or less. A carrier holding ETA or TA authority from the ICC shall comply with all other requirements in these procedures before it commences operation in any state.
If the applicant has not filed additional information during the registration period as required above, the applicant will attach to its annual registration application copies of addi-tional authority grants, reentitlements, transfer orders, letters of change of name or address mailed to the ICC by the motor carrier or grants of self insurance orders issued by the ICC and not previously filed with the Commission. The Commission may waive the filing of copies of any authority granted by the ICC if that grant of authority is longer than two (2) pages in length. When the waiver is granted in writing, the motor carrier shall provide a copy of the portion of the ICC order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order.
The applicant shall indicate on the application that proof of insurance is being filed or has been filed and remains effective. If proof of insurance is not on file when the application is received by the Commission, the registration will be deemed to be incomplete.
The applicant shall indicate on the registration form the status of self-insurance approval by the ICC. The applicant will file a copy of the order of the ICC approving a public liability self-insurance or other public liability security or agreement under the provisions of Part 1043. If the applicant indicates that the ICC has approved self insurance coverage and a copy of the ICC order has not been included with the application, the registration will be deemed to be incomplete.
The applicant shall indicate if it will be transporting hazardous commodities in inter-state commerce. If this section is not completed, the registration will be deemed to be in-complete until the applicant verifies whether hazardous materials will be transported. This section of the application will be verified with the insurance form on file with the Commis-sion. If the motor carrier desires to transport hazardous materials and the proper levels of insurance are not on file, the registration will be deemed to be incomplete until the motor carrier indicates in writing that hazardous materials will not be transported or until a new insurance filing has been received by the Commission for the proper level of coverage.
A copy of the designation of agent(s) for service of process shall be submitted with the initial registration form to the Commission using the ICC Form BOC-3. The motor carrier shall supplement any changes of designation of local process agent with the Commission to ensure that current information is on file. If the BOC-3 form is not attached to the "New Carrier Registration", the registration will be deemed to be incomplete until this form is received by the Commission. If the motor carrier fails to keep the designation of local process agent information current with the Commission, the registration shall be subject to suspension (refer to the section on compliance if needed).
The registration application will be deemed to be incomplete if the registration form has not been signed with an original signature.
When an application is deemed to be incomplete, the Commission may hold the application and all attachments until the application is complete or the Commission may return the application and attachments.
If equipment or states of travel is to be added after the annual registration process, the motor carrier will be required only to complete a Supplemental Form RS-2 and attach the proper fees. The motor carrier may update any information on file with the registra-tion state by attaching the information to the RS-2 Form. If no updates are attached, the motor carrier's signature on the RS-2 form will certify that all information filed with the registration state is current.
W. Va. Code R. § 150-22-4