Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-4-10 - Residency Requirement10.1. An applicant for any license or identification card shall be a resident of the State of West Virginia except as provide under subsection 10.4 of this rule. The West Virginia address of residence shall appear on the face of the license or identification card except as provided under subsection 3.9 of this rule. The Division shall not license or issue an identification card to an applicant who does not have a West Virginia address unless the applicant resides in an area of West Virginia not served by a West Virginia post office or in accordance with subsection 10.4 of this rule. Acceptable documents for proof of residency are:10.1.a. Current utility bills indicating a West Virginia address;10.1.b. Tax records indicating a West Virginia address;10.1.c. Residential rental and lease agreements for a West Virginia residence;10.1.d. Mortgage documents for a West Virginia residence;10.1.e. A W-2 form not more than 18 months old with a West Virginia address;10.1.f. A current concealed weapons permit with a West Virginia address;10.1.g. A motor vehicle registration card in the name of the applicant issued by the Division with a West Virginia address;10.1.h. West Virginia Voters Registration Card;10.1.i. Proof of receipt of West Virginia Public Assistance;10.1.j. West Virginia Homestead tax exemption; and10.1.k. Notarized affidavit of homeowner or lessee that the applicant lives at the household address and verified by two proofs of residency in the name of the homeowner or lessee.10.1.l. Any other document authorized as proof of residency approved under the REAL ID Act of 2005 or rule administering it.10.2. The Division may, at its discretion, accept or require other documentation to substantiate residency in this state.10.3. The Division shall not license or issue an identification card to persons who are not bona fide residents of this state except as provided under section 10.4 of this rule. Nonresidents who previously resided and were licensed or issued an identification card in West Virginia may not renew a West Virginia license or identification card until re-establishing a residence in this state.10.4. The Division may issue applicants participating in an Alcohol Test and Lock Program in compliance with the provisions of West Virginia Code § 17C-5A-3a a restricted driver's license requiring the use of a motor vehicle equipped with an alcohol test and lock device containing an address determined by the division.