Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-5-12 - Restriction or Denial of License under Student Attendance Law12.1. Statutory Provisions. -- In accordance with the provisions of W. Va. Code §§ 17B-3-6(a)(9) and 18-8-11, the Division of Motor Vehicles shall restrict a driver's license or instruction permit issued to any person under the age of seventeen upon certification by the attendance director or chief administrator of the county that the person is not compliant with the attendance requirements of § 18-8-11.12.2. Notification. -- Upon notification that a person under the age of seventeen years has failed to comply with W. Va. Code § 18-8-11, the Division of Motor Vehicles shall check to determine if the person has a driver's license or instruction permit. If the person is licensed, the Division shall send a notice of restriction by certified mail to the licensee's address of record, return receipt requested. The notice of restriction shall inform the licensee that his or her license shall be restricted to driving for work or medical purposes or educational or religious pursuits. The notice shall also advise that the restriction shall begin thirty (30) days after the date upon which the letter was mailed, unless the licensee can show documentation of compliance with W. Va. Code § 18-8-11 prior to the date of restriction. The notice shall also advise the licensee that he or she is entitled to a hearing before the county superintendent of schools or his or her designee or before the appropriate private school official concerning whether or not the licensee's withdrawal from school was due to circumstances beyond the control of the licensee, making the licensee eligible for a waiver from the provisions of W. Va. Code §18-8-11.12.3. Administrative Hearing. -- The licensee may appeal a suspension by requesting a hearing within ten (10) days of receipt of the Order. The scope of the hearing is limited to questions of improper identity, incorrect age or some other bookkeeping error made by the Division. The circuit court shall use the Division's record to determine identity and age of the licensee. The burden of proof is on the driver.12.4. Reinstatement. -- The Division shall reinstate any license which has been restricted under W. Va. Code § 17B-3-6, pursuant to W. Va. Code § 18-8-11, after the licensee shows that he or she has:12.4.a. Reached the age of seventeen;12.4.b. A certificate of graduation issued to the person from a secondary high school or general education development certificate;12.4.c. A release of restriction issued by the attendance director or chief administrator of the county;12.4.d. Certification from the attendance director or chief administrator of the county that the person is excused from the requirements of W. Va. Code § 18-8-11; or12.4.e. Certification of enrollment in an institution of higher education as a full-time student in this state or any other state.12.4.f. Certification from a parent or legal guardian that the child is being educated and making satisfactory academic progress through home schooling.