W. Va. Code R. § 106-7-3
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, whether that customer bank communication terminal, is located on the premises of its principal office, branch bank or authorized off-premise facility or in a location other than on the premises of its principal office, branch bank or authorized off-premise facility, and makes that customer bank communication terminal available for use by another banking institution or other federally insured financial institution, has established an access interchange system for purposes of W. Va. Code ' 31A-8-12b(a).
Any access interchange system established according to section 3.1 of these rules shall be nonexclusive. Any customer bank communication terminal that communicates with and permits financial transactions to be carried out through an exclusive access interchange system shall be considered to be an illegal branch bank of the banking institution that installs and operates that customer bank communication terminal.
The terms and conditions for establishing any access interchange system shall be governed by a written agreement or contract. The written agreement or contract shall specify all terms and conditions, and shall include the interchange fees or charges and the transaction fees or charges. A copy of the written agreement or contract shall be filed with the Commissioner of Banking by the access interchange system.
Upon the written complaint by a banking institution that it is unreasonably being denied utilization of an access interchange system, 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 has been denied the right to utilize an access interchange system pursuant to Section 3.2 of these rules. The Commissioner of Banking may issue an order directing the access interchange system to comply with the provisions of this regulation and W. Va. Code '31A-8-12b(a) and prescribe the manner and means of so complying.
W. Va. Code R. § 106-7-3