W. Va. Code R. § 150-27-1

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 150-27-1 - General

1.1. Scope. -- The following rules govern the transportation of coal upon public highways by commercial motor vehicles. The rules set forth the various requirements for the administrative processes and procedures to be followed by the regulated entities.

1.2. Authority. -- SB 583 passed March 8, 2003, and in effect from the date of passage; W. Va. Code. §§ 17C-17A-3(c); 17C-17A-5(k); 17C-17A-6(d); 17C-17A-7; 17C-17A-8(1); 17C-17A-8(3); 17C-17A-9(f)(4).

1.3. Filing Date. -- May 7, 2004.

1.4. Effective Date. -- July 7, 2004.

1.5. Application of Rules

1.5.a. If hardship results from the application of any rule contained herein or if unusual difficulty is involved in immediately complying with any rule, or upon other good cause shown, application may be made to the Commission for a temporary or permanent exemption or waiver from its provisions. No application for modification or exemption will be considered by the commission unless there is submitted therewith a full and complete justification for such action. Furthermore, to the extent the rule is based on a specific statutory requirement, the Commission is unable to waive such a provision.

1.5.b. Notice shall be provided of each waiver application as a Class I legal advertisement in a newspaper duly qualified by the Secretary of State, published and of general circulation in the area affected.

W. Va. Code R. § 150-27-1