W. Va. Code R. § 91-6-4 - License Services - General
4.1. Application for License.
4.1.a. In accordance with the provisions W.
Va. Code §17A-6B-1, any person processing Division of Motor Vehicles
documents for compensation when the service is offered to the general public
shall first obtain a license certificate to operate a License Service business.
For the purpose of this rule the term, "persons processing Division of Motor
Vehicles documents for compensation" does not include bonafide full time
employees of a licensed motor vehicle dealer processing documents related to a
vehicle sold by the dealer. The employee may not be employed by more than one
dealership to be exempted from the licensing requirements of this
rule.
4.1.b. All applications for a
license shall be submitted in a format approved by the Commissioner. The
applicant shall complete the application in full. If the applicant fails to
complete the application in full, the Division may return the application to
the applicant without further processing.
4.1.c. The licensee shall file an application
for renewal of a license with the Division at least thirty (30) days prior to
the expiration of the current license. The licensing period is January 1 to
December 31. If the renewal application is not filed at least thirty (30) days
prior to the expiration of the license, any documents submitted to the Division
after December 31 will not be processed until the renewal application is
completed.
4.1.d. For the purpose
of this section, the term applicant, has the following meaning; a person
operating in his or her own name or under the trade name, two or more partners
operating in his or her own name or under a trade name, two or more partners
operating under a co-partnership name or under a trade name, or the officers
and directors of a corporation operating under the corporation's
name.
4.2. Established
Place of Business.
4.2.a. The License Service
shall contain the equipment required to conduct a business including a
computer, printer, internet service, desk, chairs and filing facilities for the
maintenance of records.
4.2.b. The
office location may be self-standing or in a residence. The office shall have a
valid telephone number and valid email address listed in the name of the
License Service.
4.2.c. The License
Service licensee shall keep all records on the premises.
4.2.d. The License Service may set any office
hours it chooses. However, the hours shall be based on a regular schedule and
be posted in a conspicuous place to facilitate inspection by the Division. An
employee of the License Service shall be present during posted business
hours.
4.2.e. State and other
political subdivision requirements.
1. Each
office location shall possess all current State and local licenses applicable
to a business of the type being conducted.
2. Each office location shall meet all local
zoning requirements for the business location.
3. The licensee shall display all tax
licenses in the office.
4. The
licensee shall pay any and all taxes due the State or any political subdivision
of the State.
4.3. Bonding Requirements.
4.3.a. In accordance with the provisions of
the W. Va. Code §17A-6B-2 a bond in the penal sum of twenty-five thousand
($25,000.00) dollars, payable to the State, is required. The licensee shall
have the bond completed on the form prescribed by the Commissioner. The bond
shall be conditioned on the premise that the applicant will not in the conduct
of business, practice any fraud, or make any fraudulent representation which
causes a financial loss to any purchaser, seller, financial institution,
agency, or the State of West Virginia.
4.3.b. The licensee shall secure the surety
bond with the corporate surety from a bonding company licensed to do business
in the state of West Virginia.
4.3.c. The licensee shall obtain the surety
bond in the trade name under which the License Service is being
operated.
4.3.d. The surety bond
shall run concurrently from the date the license is issued or renewed to the
expiration of the license.
4.3.e.
The surety bonding company shall give the Division thirty (30) days notice by
certified mail, of the cancellation of the bond. The Division shall consider
the surety bond as being in effect until notice of the cancellation is received
by the Division.
4.3.f. The
Commissioner shall immediately revoke the License Service license upon
cancellation of the bond and without proper replacement of the bond.
4.3.g. The licensee shall notify the Division
and the bonding company of any change in any information contained in the
application for the security bond.
4.3.h. The Division may notify the bonding
company of audit discrepancies or revocation or suspension proceedings against
the licensee.
4.4.
Issuance of Temporary Registration Plates.
4.4.a. The licensee shall make application
for temporary registration plates in the manner prescribed by the
Division.
4.4.b. The licensee shall
account for all temporary registration plates previously issued by the License
Service before the Commissioner will approve any application for additional
temporary registration plates.
4.4.c. The Division shall not issue any
additional temporary registration plates to the licensee if the licensee's
application shows one hundred (100) or more temporary registration plates on
hand from the previous allotment assigned to the licensee.
4.4.d. The licensee shall keep a record of
all temporary registration plates issued by the License Service for a period of
three (3) years from the date of issuance.
4.4.e. The licensee shall not issue, assign,
transfer or deliver a temporary registration plate to anyone other than the
bonafide applicant for a West Virginia title and registration to the vehicle to
which the temporary registration plate is assigned, and not until the applicant
has submitted all documents with the fees and taxes necessary to obtain a West
Virginia title and registration.
4.4.f. The licensee shall not issue a
temporary registration plate for a vehicle which has been purchased from a
licensed West Virginia dealer. However, a licensee may issue a temporary
registration plate for vehicles entering West Virginia from another state or
jurisdiction irrespective of the place of purchase.
4.4.g. The licensee shall not issue a second
temporary registration plate on a vehicle previously assigned a West Virginia
temporary registration plate. A licensee shall not extend the period of time on
a temporary plate.
4.4.h. The
licensee shall not issue a temporary registration plate containing any
misstatement of fact.
4.4.i. The
fee charged by the licensee for a temporary registration plate shall not exceed
$5.00 as prescribed by W. Va. Code §17A-6B-10(h).
4.4.j. An itemized receipt shall be submitted
to the division with the title or registration paperwork.
4.4.k. If it is determined by the Division
that a licensee is not in compliance with the provisions of law and this
legislative rule relative to temporary registration plates, the Commissioner
may suspend the right of the licensee to issue temporary registration plates
pursuant to W. Va. Code §17A-6B-10(f).
4.4.i. The Commissioner may grant the
authority to issue permanent registration plates to a license service company,
if that license service meets certain qualifications prescribed by the
Division. Any license service company authorized to issue permanent
registration plates will be required to maintain a penalty bond in the amount
of One Hundred Thousand ($100,000.00) dollars at all times.
4.5. License Service Record
Keeping and Document Processing.
4.5.a. In
addition to the records as required by W. Va. Code §17A-6B-10 and this
rule, the licensee shall maintain a record or log of all work accepted by the
License Service for a period of three (3) years from the date of the
transaction. The record shall include the name and address of the customer, the
vehicle identification information, the type of transaction, the date of
transaction and/or any activity relating to the transaction. The licensee shall
provide each customer with an itemized receipt, retain a duplicate copy for the
licensee's records, and submit such receipt to the division with the documents
to be processed.
4.5.b. In
accordance with the provisions of W. Va. Code §17A-6B-10, the licensee
shall not issue a temporary registration plate for a vehicle unless the
applicant has provided all necessary titling documents, fees, and taxes. The
licensee shall forward all title documents, fees, and taxes to the division
within forty-eight (48) hours of issuance of the temporary registration plate.
The postmark on the envelope containing the submitted title documents serves as
a measure of compliance.
4.5.c. If
an investigation of the licensee's financial records shows that any tax or fee
is due the State, the Commissioner shall immediately suspend the License
Service's license.
4.5.d. In
addition to any administrative license suspension or revocation, the Division
may pursue criminal or civil action to collect any taxes or fees due the
Division.
4.5.e. The licensee shall
keep all records open for inspection by authorized representatives of the
Division and all law enforcement officers during the regular posted business
hours of the License Service.
4.5.f. When the licensee does not issue a
temporary registration plate, the licensee shall submit to the Division all
title work or other transactions received from a customer within five (5) days.
The licensee shall attempt to notify the customer within five (5) days of all
transactions returned for correction.
4.6. Noncompliance with Statute, Rule or
Policy.
4.6.a. The licensee, as a condition of
licensing, agrees to abide by all statutes, or rules, policies and procedures
established by the Division to provide for the most efficient processing of
work.
4.6.b. The Commissioner may
suspend the processing of a License Service's documents due to noncompliance
with any statute, rule, policy, or procedure.
4.6.c. The Commissioner shall suspend or
revoke a License Service's license to offer document processing services to the
general public for continued noncompliance with any statute, rule, policy, or
procedure.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.