W. Va. Code R. § 58-23-3

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-23-3 - Revocation of Licenses
3.1. The director shall revoke a license or licenses for the following causes:
3.1.1. Negligent Shooting. Except as provided in subsection 5.1.1. of this rule, the hunting and fishing licenses of any person convicted of negligent shooting under the provisions of W. Va. Code § 20-2-57 shall be revoked and license privileges shall be suspended for a period of five years. The suspension period begins on the date of conviction;
3.1.2. Amassed Points. The hunting and fishing licenses of any person who amasses 10 or more points in any two-year period shall be revoked and license privileges shall be suspended for a period of two years. The suspension period begins on the date on which the 10-point total was reached.
3.1.3. False Application. The hunting and fishing licenses of any person who obtained a license or licenses under false pretenses or otherwise in violation of the provisions of W. Va. Code § 20-2-30 shall be revoked and license privileges shall be suspended for a period of one year. The suspension period begins on the date of the revocation of the license or licenses.
3.1.4. Bear violations. Except as set forth in subsection 6.4.8. of this rule, the hunting and fishing licenses of any person who is convicted of a violation of the provisions of W.Va. Code § 20-2-22a which results in the killing or death of a bear shall be suspended for two years. The hunting and fishing licenses of any person who is convicted of a second violation of W.Va. Code § 20-2-22a shall be suspended for five years irrespective of whether the violation results in the killing or death of a bear. The hunting and fishing licenses of any person who is convicted of a third violation of W.Va. Code § 20-2-22a shall be suspended for 10 years irrespective of whether the violation results in the killing or death of a bear.
3.1.5. Failure to Pay Fines. The hunting and fishing licenses of any person who fails to pay the costs, fines, forfeitures, or penalties imposed by a magistrate court under the provisions of W. Va. Code § 50-3-2a for a violation of the State's hunting or fishing laws or rules shall be revoked and license privileges shall be suspended until the costs, fines, forfeitures, or penalties are paid in full.
3.1.6. Failure to Appear. The hunting and fishing licenses of any person who fails to appear or respond in magistrate court for a violation of the State's hunting or fishing laws or rules under the provisions of W. Va. Code § 50-3-2a shall be revoked and license privileges shall be suspended until final judgment in the case, and, if a judgment of guilty is entered, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.
3.1.7. Interference with hunters, trappers, and fishermen. The license or licenses of any person convicted of any violation of W. Va. Code § 20-2-2a who holds a West Virginia hunting, fishing, or trapping license at the time of conviction shall be revoked for two years. The revocation period begins on the date of conviction.
3.2. If any person is convicted of violating State hunting or fishing laws or rules during the period when his or her license privileges have been suspended, the Director shall extend the suspension period for an additional two years from the ending date of the previous revocation.
3.3. Upon revoking the license or licenses of any person, the Division shall immediately send written notification of the revocation to the licensee by certified mail, return receipt requested, to the address given by the licensee on his or her license application.
3.4. All revocation periods shall commence on the date of conviction of the last offense causing the revocation or at the conclusion of any current revocation period, whichever is later.

W. Va. Code R. § 58-23-3