W. Va. Code R. § 126-92-21

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-92-21 - Reasons for Suspension, Revocation, or Non-renewal of Certification of Operators

21.1. The State Superintendent may, after ten days' notice and upon proper evidence, suspend, revoke, or refuse to renew the certification, or impose any condition upon the certification of any operator upon just and sufficient cause as set forth below. There is a rational nexus between the conduct set forth below and the performance of the job as an operator. For purposes of this section, a conviction includes any plea of guilty, conditional pleas, or pleas of no contest.

21.1.a. Failure to meet the physical and mental/emotional requirements set forth in sections 18 and 19, as indicated from the results of any physical or psychological examination.

21.1.b. Failure to pass the online examination.

21.1.c. Failure to complete the annual minimum 18 hours of transportation-related professional development.

21.1.d. Accumulation of ten or more points on DMV driving record following initial certification or conviction of reckless driving, as defined by W. Va. Code § 17C-5-3, conviction for leaving the scene of an accident involving physical injury or death, as defined by W. Va. Code § 17C-4-1, or conviction for obstructing an officer or fleeing an officer as defined by W. Va. Code § 61-5-17.

21.1.e. Conviction of a felony.

21.1.f. Conviction of and/or DMV suspension or revocation of license on a charge of operating a motor vehicle while under the influence of alcohol, controlled substances, any other drugs or the combination thereof, or by a preponderance of evidence, including but not limited to, positive breath, or blood test, or field sobriety results, of operating a motor vehicle under the influence of same. The applicant/employee shall not be certified to operate a bus for at least two years subsequent to a first conviction, license suspension/revocation or WVDE certification suspension/revocation. For a second offense, license suspension/revocation, or WVDE certification suspension/revocation, certification shall be revoked and refused permanently.

21.1.g. Failure of any drug or alcohol test administered by the operator's employer or submission of an adulterated specimen. Once notified, the operator must report to the collection site immediately. Failure or delay doing so will be considered a refusal which is equivalent to testing positive. The operator will not be certified to operate a bus for at least two years subsequent to a first positive or adulterated test result unless the operator completes a return-to-duty process which includes consultation with a substance abuse professional. For a second positive test result or adulteration, certification shall be revoked and refused permanently.

21.1.h. Intentional disengagement of bus safety equipment, including bus cameras, without prior authorization of county directors.

21.1.i. Conviction of any charge involving sexual misconduct with a minor or student. The operator may also have certification renewal refused or certification suspended or revoked when it is shown by a preponderance of evidence that he/she has a consensual sexual or amorous relationship with a student irrespective of any criminal prosecution.

21.1.j. A demonstration by a preponderance of evidence of frequent violations of traffic laws, sound safety practices, regulations, or ordinances while operating a bus, or any single violation while operating a bus that threatened the safety of student passengers, or other users of streets or roadways.

21.1.j.1. Violations of W. Va. Code § 17E-1-14a, which make texting while driving a commercial motor vehicle a misdemeanor crime, will be deemed a single violation that threatened the safety of student passengers and/or other users of streets or roadways, regardless of whether an operator is prosecuted, if proven by a preponderance of evidence.

21.1.j.2. Violations of W. Va. Code § 17C-14-15, which make talking on a cell phone while driving any vehicle a misdemeanor crime, if performed while operating a bus will be deemed a single violation that threatened the safety of student passengers and/or other users of streets or roadways, given surrounding circumstances, regardless of whether an operator is issued a traffic ticket, if proven by a preponderance of evidence.

21.2. The State Superintendent may afterten days notice and upon proper evidence, suspend, revoke, or refuse to renew the certification or impose any condition upon the certification of any operator for intemperance, untruthfulness, cruelty, immorality, or use of fraudulent, unapproved, or insufficient credit to obtain the certificate only if there is a rational nexus between the conduct of the operator and the performance of the job.

21.3. With respect to conduct for which an operator has been disciplined by the employing county board with less than termination, or has been placed upon an improvement plan that he/she is meeting or has met as determined by the county board, the operator's certificate may not be revoked unless it can be proven by clear and convincing evidence that the operator has committed one of the offenses listed in section 21 and his/her actions render him/her unfit to operate a bus.

21.4. If an operator's certificate has been issued or renewed through an error, oversight, or misinformation, the State Superintendent may recall the certificate and make such corrections as will conform to the requirements of law and WVBE rules.

21.5. The county board shall notify the WVDE when an operator has resigned or has been terminated.

W. Va. Code R. § 126-92-21