W. Va. Code R. § 106-7-2
Pursuant to W. Va. Code '31A-8-12b(1), any banking institution, which individually or jointly with one or more other banking institutions or other federally insured financial institutions, installs, operates and engages in banking business from a customer bank communication terminal in a location other than on the premises of its principal office, branch bank, or authorized off-premise facility, shall make such customer bank communication terminal available for use by other banking institutions on a nondiscriminatory basis. The fees and charges required to be paid by any banking institution which utilizes the customer bank communication terminal shall not exceed a pro rata share of the costs, determined in accordance with generally accepted accounting principles, of purchasing or leasing, installing, operating and maintaining the customer bank communication terminal, plus a reasonable rate of return on these costs to the owner or lessee of the customer bank communication terminal.
Pursuant to W. Va. Code '31A-8-12b(a)(2), any banking institution, which individually or jointly with one or more other banking institutions or other federally insured financial institutions, installs, operates and engages in banking business from a customer bank communication terminal may make such customer bank communication terminal available for use by one other federally insured financial institutions. A banking institution which makes such a customer bank communication terminal available for use by one other federally insured financial institution shall make that customer bank communication terminal available for use by all other federally insured financial institutions on a nondiscriminatory basis. The charges to be paid by other federally insured financial institutions which utilizes the customer bank communication terminal shall not exceed a pro rata share of the costs, determined in accordance with generally accepted accounting principles, of purchasing or leasing, operating and maintaining the customer bank communication terminal, plus a reasonable return on these costs to the owner of the customer bank communication terminal.
The terms and conditions of a banking institution's or other federally insured financial institution's use of a customer bank communication terminal under sections 2.1 or 2.2 of these rules shall be governed by a written agreement or contract between the banking institution which installs, operates and engages in banking business from that customer bank communication terminal and the banking institution or other federally insured financial institution whose customers shall use that customer bank communication terminal. The written agreement or contract shall specify all terms and conditions, and shall include the fees and charges for the use of the customer bank communication terminal. A copy of the written agreement or contract shall be filed with the Commissioner of Banking by the banking institution that installs and operates the customer bank communication terminal.
Upon the written complaint by a banking institution or federally insured financial institution that it is unreasonably being denied the use of a customer bank communication terminal which has been installed and operated by a banking institution pursuant to subsections 2.1 or 2.2 of these rules, the Commissioner of Banking shall hold a hearing in the manner prescribed in W. Va. Code '31A-8-1. After any such hearing and consideration of all the testimony and evidence on the record, the Commissioner of Banking shall determine whether or not the banking institution or federally insured financial institution has been denied the right to utilize the customer bank communication pursuant to sections 2.1 or 2.2 of these rules. The Commissioner of Banking may issue an order directing the banking institution that installs and operates the customer bank communication terminal to comply with the provisions of this regulation and of W. Va. Code '31A-8-12b(a) and prescribe the manner and means of so complying.
W. Va. Code R. § 106-7-2