W. Va. Code R. § 42-24-5

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

Section 42-24-5 - Minimum Qualifications for Initial Certification, Renewal Certification, and Recertification

5.1. Initial class A certification requirements. The Commissioner shall certify an applicant for an initial class A certification who:

5.1.a. Is at least 18 years of age;

5.1.b. Submits an application on forms provided by the Commissioner;

5.1.c. Submits a copy of his or her written examination scores of at least 70% as provided to the applicant by the NCCCO;

5.1.d. Submits a copy of his or her practical examination scores of at least 75% as provided to the applicant by an examiner approved by the Commissioner pursuant to section 5 of the Division of Labor's rule titled "Crane Operator Certification Act - Practical Examination," 42 CSR 25;

5.1.e. Presents the original, or a photographic copy, of a physician's certificate that he or she is physically qualified to drive a commercial motor vehicle as required by 49 CFR §391.41 dated within 1 year of the date of application for certification, or an equivalent physician's certificate as approved by the Commissioner ; and

5.1.f. Pays the application fee of $75.00.

5.2. Initial class B certification requirements. The Commissioner shall certify an applicant for an initial class B certification who:

5.2.a. Is at least 18 years of age;

5.2.b. Submits an application on forms provided by the Commissioner;

5.2.c. Submits a copy of his or her written examination scores of at least 60% as provided to the applicant by the NCCCO;

5.2.d. Submits a copy of his or her practical examination scores of at least 75% as provided to the applicant by an examiner approved by the Commissioner pursuant to section 5 of the Division of Labor's rule titled "Crane Operator Certification Act - Practical Examination," 42 CSR 25;

5.2.e. Presents the original, or a photographic copy, of a physician's certificate that he or she is physically qualified to drive a commercial motor vehicle as required by 49 CFR §391.41 dated within one year of the date of application for certification, or an equivalent physician's certificate as approved by the Commissioner; and

5.2.f. Pays the application fee of $75.00 and all examination fees.

5.3. Certification under this rule is valid throughout the state, is not assignable or transferable, and is valid for one year from the date on which it was issued.

5.4. Annual renewal of class A and B certification. Upon receipt of an annual renewal application on a form provided by the Commissioner and payment of an annual renewal fee of $75.00, the Commissioner shall renew the class A or class B certification.

5.5. Recertification, On each fifth anniversary of an applicant's initial certification date, an applicant shall meet the following recertification requirements prior to the renewal of his or her certification:

5.5.a. To recertify a class A certification, the applicant shall submit a copy of his or her current written examination scores of at least 70% as provided by the NCCCO and a current physician's certificate as required by subdivision 5.1.e. of this rule.

5.5.b. To recertify a class B certification, the applicant shall submit a copy of his or her current written examination scores of at least 60% as provided by the NCCCO or successfully complete a training course approved by the Commissioner pursuant to section 8 of this rule and provide a current physician's certificate as required by subdivision 5.2.e. of this rule.

W. Va. Code R. § 42-24-5