Current through Register Vol. XLI, No. 49, December 6, 2024
Section 91-5-13 - Suspension Under Resident Violator Program13.1. Statutory Provisions. -- The Division is required to suspend the driver's license of any person under the provisions of W. Va. Code §§ 17B-3-3a and 17B-3-3c upon receipt of notification from a Circuit, Magistrate or Municipal Court of this State that the licensee has either failed to respond or appear in court when charged with a violation of the W. Va. Code. The Division may not act on any failure to respond or appear report transmitted to the Division more than one year from the date of the offense or violation of a probation order.13.2. Notification. --Upon notification of noncompliance with the terms of the citation from a Circuit, Magistrate or Municipal Court, the Division shall send the licensee an order of suspension to the address of record by certified mail, return receipt requested. The order of suspension shall indicate that the licensee's privilege to operate a motor vehicle is suspended until proof of compliance with the citation is submitted and all applicable fees are paid.13.3. Proof of Compliance. -- Proof of compliance means certification from the court in the form of a satisfaction of judgement receipt which shows that the requirements of the citation have been met.13.4. Failure to Respond. -- If the Division does not receive proof of compliance, the licensee's privilege to operate a motor vehicle shall remain suspended until such time as the Division receives proof of compliance with the terms of the citation from the licensee, and the appropriate fees are paid.13.5. 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 whether or not the person having a license suspended is the same person to whom the citation was issued.13.6. Reinstatement. -- The licensee shall pay the fees provided in W. Va. Code § 17B-3-9, in addition to providing proof of compliance with the citation prior to reinstatement of a suspended driver's license.