Current through Register Vol. XLI, No. 50, December 13, 2024
Section 204-1-7 - Revocation of User Permit7.1. Any person charged with any violation that, upon conviction, requires revocation of the user permit shall immediately surrender any user permit in the person's possession to the ranger or other law enforcement officer. If the seized user permit is currently valid, the officer shall issue a temporary user permit to that person, in form specified by the Authority, which shall be valid until the court appearance date for the violation charged or until the expiration date of the seized permit, whichever is sooner.7.2. Whenever a ranger or other law enforcement officer seizes the user permit of any person, the officer shall promptly forward the seized permit to the Authority along with a full statement of the facts relevant to the seizure.7.3. The Authority shall immediately revoke for a period of one year the user permit of any person upon receiving notice of the conviction of the person for any of the following violations or crimes: 7.3.a. Unlawful use of a user permit;7.3.b. Violation of W. Va. Code § 17C-5-2 (driving while under the influence), where the offense arises out of the operation of a vehicle within the Hatfield-McCoy enforcement area;7.3.c. Violation of W. Va. Code §§ 61-3B-2 or 61-3B-2 (criminal trespass), where the offense arises out of trespass within the Hatfield-McCoy enforcement area;7.3.d. Refusal to submit to a preliminary or secondary test administered under authority of W. Va. Code § 17C-5-4 and the related provisions of W. Va. Code §17C-5 when the refusal arises out of the operation of a vehicle within the Hatfield-McCoy enforcement area;7.3.e. Violation of W. Va. Code § 17C-5-3 (reckless driving), where the offense arises within the Hatfield-McCoy enforcement area;7.3.f. Violation of W. Va. Code § 61-5-17 (obstructing officer, fleeing from officer, making false statement to officer), where the offense arises within the Hatfield-McCoy enforcement area;7.3.g. Violation of W. Va. Code § 17C-6-8 (racing), where the offense arises within the Hatfield-McCoy enforcement area and it is reasonably foreseeable that a death or serious injury to any person could result from the unlawful conduct; and7.3.h. Violation of W. Va. Code § 17C-3-9 (interference with official traffic-control devices), where the offense arises within the Hatfield-McCoy enforcement area and it is reasonably foreseeable that a death or serious injury to any person could result from the unlawful conduct.7.4. The Authority shall immediately revoke the user permit of any person upon receiving notice from a circuit court, magistrate court, or municipal court of this state that the person has failed to appear in court in response to a notice to appear, or that the person has defaulted on the payment of costs, fines, forfeitures, penalties, or restitution imposed on the person by the court upon conviction, when the person is charged with any violation of these rules or with any criminal offense committed or alleged to have been committed within the Hatfield-McCoy enforcement area. This revocation shall remain in effect indefinitely until such time as the Authority receives notice from the court that the person had made an appearance in response to the charges or has cleared the default by making the required payments to the satisfaction of the court.7.5. Whenever the Authority revokes the user permit of any person, that person's privilege of applying for or holding a user permit or special utilization license and the privilege of using the Hatfield-McCoy Recreation Area for any purpose are also concurrently revoked. Revocation shall be imposed notwithstanding the fact that the person subject to revocation may not at the time of revocation be the holder of a then valid user permit.7.6. Whenever the Authority revokes a user permit, the Authority shall immediately send notice of the revocation by regular mail to the person at the address of record in the Authority's tiles. The notice shall advise the person as follows: 7.6.a. That his or her Hat field-McCoy user permit is revoked and that any Hatfield-McCoy user permit currently in his or her possession is now null and void and should be immediately surrendered to the Authority;7.6.b. That he or she is not entitled to refund of any portion of the user permit fee;7.6.c. The reason for the revocation;7.6.d. The term of the revocation, if the term is definite, or the steps the person must take to reinstate the permit if the revocation is for an indefinite term;7.6.e. The steps the person must take to request a hearing, if one is desired;7.6.f. That his or her privilege of applying for or holding a user permit and the privilege of using the Hatfield-McCoy Recreation Area for any purpose are also concurrently revoked; and7.6.g. That he or she is prohibited from using the Hatfield-McCoy Recreation Area during the period of the revocation.7.7. Revocation shall commence when the subject of the revocation receives actual notice of the revocation. It shall be presumed that the subject has received actual notice of the revocation five days after the revocation notice required is posted in the U.S. Mail.7.8. At the expiration of the term of revocation, or whenever the Authority receives notice from the court that the appearance or payment default that was the basis of the revocation has been corrected, the Authority shall terminate the revocation status in its records and shall send notice to the person at the address of record in the Authority's files advising the person that the revocation has been terminated. Any surrendered user permit that has not expired and that otherwise remains valid shall be returned to the permit holder with this notice.7.9. Whenever a person whose user permit has been seized is found by the court to be not guilty of the violation that was the basis of the permit seizure, the Authority shall immediately return the seized user permit to the proper permit holder unless the Authority makes an independent determination that the user permit is invalid, in which case, the Authority shall cancel the user permit and the permit holder shall not be entitled to return of the user permit or refund of the permit fee.