W. Va. Code R. § 61-11D-5

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

Section 61-11D-5 - Maintenance Of Records Of Transactions

5.1. Except as otherwise provided in subsection 5.2 of this rule, every person licensed as a livestock dealer under the provisions of W. Va. Code '19-10B-1 et seq. shall maintain a record of livestock transactions in an official transactions record book provided by the commissioner. Any such transactions record book shall be and remain the property of the department, and the delivery of such transactions record book or books to the licensed livestock dealer shall in no way affect the ownership of such transactions record book by the department. As a condition of receiving a license to function as a livestock dealer, each applicant shall agree to use reasonable care and diligence to preserve and protect the transactions record book assigned to him. Upon the request of the licensed livestock dealer, the commissioner shall provide such additional transactions record book or books as he may deem necessary for the licensed livestock dealer to comply with the provisions of this rule.

5.2. The commissioner may authorize a licensed livestock dealer to maintain a record of livestock transactions in an alternate record book, ledger or automated data storage and retrieval system, instead of the transactions record book prescribed in subsection 5.1 of this rule, if:

5.2.a. The commissioner determines that such alternative record book, ledger or automated data storage and retrieval system will permit the recording of information in such a manner that the commissioner can, by examining such alternative record book ledger or a printout of an automated data storage and retrieval system, readily obtain the same information which would otherwise be required to be provided through the use of the official transactions record book of the department;

5.2.b. The commissioner determines that such alternative method of record keeping will allow for the correction of records and the notation of the correction of records in accordance with the provisions of subsection 5.3 of this rule; and

5.2.c. The licensed livestock dealer demonstrates to the commissioner that such alternative method of record keeping is a normal function of his business operations and, by eliminating duplicating work, will result in a significant reduction in the administrative costs of doing business.

5.3. Each livestock transaction in which a licensed livestock dealer is a party, either for his own account or that of another person, shall immediately be entered in the transactions record book provided by the department or in such alternative record as may be authorized by the commissioner pursuant to the provisions of Subsection 5.2. of this rule. The information relating to such livestock transaction shall be accurate and legible as to each detail hereinafter required, and shall not be altered, obliterated, defaced or erased, except that a notation may be added to refer to a later entry appearing in the record which corrects information which has been entered concerning the livestock transaction. Once information has been entered relative to a livestock transaction, if it is found that the information so recorded is incorrect, the correct information shall be reentered in the next available space in the record, and a notation shall be added which refers to the prior livestock transaction which is the subject of correction.

W. Va. Code R. § 61-11D-5