W. Va. Code R. § 42-19-5

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

Section 42-19-5 - Licensure of Dealers and Distributors

5.1. No person may engage in the business of a dealer and/or distributor in this state without a license. Each dealer and/or distributor who desires to engage in business in this state shall apply to the Board for a license. A dealer and/or distributor shall maintain one license for each business location in this state it operates.

5.2. A dealer's and/or distributor's license is valid for up to one year and expires on June 30 of each year, unless sooner revoked or suspended by the Board.

5.3. Any dealer and/or distributor who desires to be licensed shall submit an initial application on forms supplied by the Board. Each application shall be accompanied by a fee of $250 for each business location the dealer and/or distributor desires to license and shall contain all information required by the Board, including, but not limited to:

5.3.1. The legal and trade name of the dealer and/or distributor;

5.3.2. The address of each business location the dealer and/or distributor desires to license;

5.3.3. The phone number of each business location the dealer and/or distributor desires to license;

5.3.4. The names and addresses of the owners, officers, and directors of the dealer and/or distributor;

5.3.5. Evidence of the dealer's and/or distributor's legal authority to engage in business in this state;

5.3.6. Proof of payment to the Recovery Fund as specified in section 15 of this rule;

5.3.7. A notarized affidavit stating compliance with all applicable federal standards, provisions of the Act, and rules of the Board signed by a responsible officer or person with full legal authority to bind the applicant to its terms;

5.3.8. The list of the names of all manufacturers in or out of this state whose product line the dealer and/or distributor is authorized to receive; and

5.3.9. A list of the names of all salespersons employed by the dealer and/or distributor.

5.4. Any dealer and/or distributor currently licensed in this state shall submit an application for licensure renewal on or before June 30 of each year. Any renewal application is a valid license for a period of 30 days, unless sooner rejected by the Board. The application shall be accompanied by a renewal fee of $250 and shall contain all information required by the Board as specified in 5.3 of this section.

5.5. The Board shall grant or refuse any initial or renewal application for a dealer's and/or distributor's license within 30 days after a proper and complete application has been filed. If any application is found by the Board to not constitute a proper and complete application, the Board may request additional information.

5.6. The Board shall grant an initial or renewal dealer's and/or distributor's license if the dealer and/or distributor sufficiently demonstrates each of the following:

5.6.1. The dealer's and/or distributor's adequate financial capacity;

5.6.2. The dealer's and/or distributor's record of compliance with any lawful orders of the Board or other equivalent agency of any other jurisdiction, including the lack of revocation, suspension, or limitation of the dealer's and/or distributor's license in this state or other jurisdiction; and

5.6.3. The dealer's and/or distributor's compliance with all applicable federal standards, provisions of the Act, and rules of the Board.

5.7. The Board may grant initial and renewal licenses for dealers and/or distributors for some business locations and deny them for others if the facts justify that action. However, if one business location qualifies as both a dealer and distributor under this rule, only one license is required for that business location.

5.8. Each dealer and/or distributor shall conspicuously display its license at each of its business locations and at any worksite where the dealer and/or distributor is performing services and the license number shall be included in all advertisements.

5.9. A dealer's and/or distributor's license is not transferable. Any change in the person holding the license, including a change in the ownership of a sole proprietorship, a change of a partner in a partnership, or the creation of a new corporate or other business entity, requires a new license.

W. Va. Code R. § 42-19-5