Statutes, codes, and regulations
West Virginia Administrative Code
Agency 126 - EducationTitle 126 - LEGISLATIVE RULE BOARD OF EDUCATION
Series 126-092 - West Virginia School Bus Transportation Regulations, Procedures, and Specifications for the Design and Equipment of School Buses (4336)
Section 126-92-22 - Procedures for Due Process on the Suspension, Revocation, and Recall of Operator's Certification and Establishment of the Operator Review Panel

W. Va. Code R. § 126-92-22

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-92-22 - Procedures for Due Process on the Suspension, Revocation, and Recall of Operator's Certification and Establishment of the Operator Review Panel
22.1. When the State Superintendent receives information concerning any of the violations set forth in section 21, the certification holder shall be notified of the pending action against him/her and afforded the opportunity for a hearing before the School Bus Operator Review Panel in accordance with Policy 1340.
22.2. The State Superintendent designates the West Virginia School Bus Operator Review Panel (Review Panel) to conduct hearings on operator certificate denials, suspensions, revocations, or recalls and to make recommendations for action by the State Superintendent.
22.2.a. The Review Panel shall consist of seven members representing the major constituents within the educational and transportation community. Included in the membership shall be: three currently employed operators, one county superintendent or principal, one county director, one designee of the State Superintendent, and one employee of the WVDOT's Division of Highways (WVDOH) with experience in commercial driver licensing and/or highway safety.
22.2.b. The members of the Review Panel shall be chosen as follows: two operators shall be chosen by the West Virginia School Service Personnel Association from its membership, one representative shall be chosen by the West Virginia Education Association from its membership, one representative from the American Federation of Teachers (AFT) chosen by AFT from its membership, one WVDOH representative to be chosen by theWVDOH Commissioner; the remaining two members shall be chosen by the State Superintendent.
22.2.c. Terms of all members shall be for a period of three years. Members may serve no more than two consecutive three-year terms. Members who have filled an unexpired term of one year or more are eligible for only one additional consecutive three-year term. All terms begin on July 1st and end on June 30th.
22.2.c.1. Initial appointments shall have staggered terms, with two members having an initial term of one year, two members having an initial term of two years, and three members having an initial term of three years.
22.2.d. Vacancies shall be filled as quickly as possible by the appropriate appointing authority. Any vacancies remaining unfilled for 90 days shall be filled by the State Superintendent.

W. Va. Code R. § 126-92-22