Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-5-10 - Suspension or Revocation Following Notice of Returned Check10.1. Statutory Provisions. -- W. Va. Code § 17A-2-16 authorizes the Division to suspend or revoke any and all registration cards, permits, driver's licenses and registration plates issued to the person, firm or corporation by whom or on whose account any required fees shall have been determined to remain unpaid after reasonable notice and demand. W. Va. Code § 17A-2-23 authorizes the Division to apply a penalty fee in addition to any other penalty imposed by the W. Va. Code. In accordance with the provisions of W. Va. Code § 17A-3-14, the Division shall suspend without prior notice, any vehicle registration paid for by a check which is returned for insufficient funds. The notice and demand procedures in this rule does not apply to vehicle registration suspensions.10.2. Determination of Unpaid Fee or Tax. -- Upon receipt of any check returned to the Division unpaid for any reason, the Division shall consider the required fee unpaid.10.3. Reasonable Notice and Demand. -- Upon the Division's receipt of a check or checks which are returned unpaid for any reason by the check maker's financial institution, the Division shall mail a proposed notice of suspension or revocation to the maker of the check and the licensee or registrant, if different from the check maker. The notice of proposed suspension or revocation shall give the check maker ten (10) days to redeem the face amount of the check and pay any penalty fees.10.4. Suspension or Revocation. -- If after ten (10) days, the account remains unpaid, the proposed suspension or revocation of licenses or registrations is effective. The licensee or registrant has ten (10) days to surrender the suspended or revoked licenses or registrations to the Division.10.5. Failure to Surrender Documents. -- In accordance with the provisions of W. Va. Code § 17A-9-7 the Division shall notify the Superintendent of the State Police to secure possession of any registration plate or other document which the licensee has failed to surrender and return them to the Division.10.6. Administrative Due Process. -- The licensee or registrant is entitled to due process. The licensee may appeal a suspension by requesting a hearing within ten (10) days of receipt of the Order.10.7. Penalty and Reinstatement Fee. -- The licensee or registrant shall pay the fees as set forth in W. Va. Code §§ 17A-2-23, 17A-9-7 and 17B-3-9. The provisions of W. Va. Code § 17A-9-7 also provide for an additional serve order fee if the State Police is ordered to secure the suspended or revoked licenses or registrations.10.8. Payment. -- A licensee or registrant shall pay all fees required under the provisions of this rule by certified check, money order or cash.