W. Va. Code R. § 182-01-4

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

Section 182-01-4 - Commercial Whitewater Outfitters License

4.1. A commercial Whitewater outfitter must obtain a license from the director prior to the commencement of operations on any waters of the State.

4.2. A commercial Whitewater outfitter issued a license by the director must comply with the terms and conditions of that license.

4.3. The director may issue new licenses valid for one or more designated Whitewater recreation zones upon a finding by him, and with the recommendation of the Commercial Whitewater Advisory Board, that the licensees currently operating in the same Whitewater zone or zones have not fully utilized the daily use limits set as prescribed under Section 7 of these regulations. Public notice of the director's intent to issue new licenses for a designated Whitewater recreation zone shall be made immediately upon such a finding.

4.4. Before any outfitting services are offered or rendered, each commercial Whitewater outfitter must execute a surety bond in the penal sum of one thousand dollars payable to the State of West Virginia and must hold valid public liability insurance for which the minimum acceptable coverage shall be $300,000 per occurrence for bodily injury and $25,000 per occurrence and $25,000 aggregate for property damage. The licensee shall provide the director with a copy of the required insurance policy or appropriate certification by the insurer that the required insurance coverage is in effect. The director shall have the authority to lower the current limits in the event insurance in these amounts cannot be obtained.

4.5. A commercial Whitewater outfitter seeking a license shall provide the director with the information specified on the Department's application and any additional information that the director deems necessary for consideration of the application. Any change in the submitted information must be reported by the licensee to the director within thirty days of such change.

4.6. Licensees shall keep a current record or file containing the name, address, age, and residency of all persons who have utilized their services. This record shall be kept for a period of two years and shall be made available to the director upon request.

W. Va. Code R. § 182-01-4