Current through Register Vol. XLI, No. 50, December 13, 2024
Section 91-6-4 - License Services - General4.1. Application for License. 4.1.1. In accordance with the provisions W. Va. Code § 17A-6B-1, any person processing Division of Motor Vehicles documents for compensation when the service is offered to the general public shall first obtain a license certificate to operate a License Service business. For the purpose of this rule the term, "persons processing Division of Motor Vehicles documents for compensation" does not include bonafide full time employees of a licensed motor vehicle dealer processing documents related to a vehicle sold by the dealer. The employee may not be employed by more than one dealership to be exempted from the licensing requirements of this rule.4.1.2. All applications for a license shall be submitted in a format approved by the Commissioner. The applicant shall complete the application in full. If the applicant fails to complete the application in full, the Division may return the application to the applicant without further processing.4.1.3. The licensee shall file an application for renewal of a license with the Division at least thirty (30) days prior to the expiration of the current license. The licensing period is January 1 to December 31. If the renewal application is not filed at least thirty (30) days prior to the expiration of the license, any documents submitted to the Division after December 31 will not be processed until the renewal application is completed.4.1.4. For the purpose of this section, the term applicant, has the following meaning; a person operating in his or her own name or under the trade name, two or more partners operating in his or her own name or under a trade name, two or more partners operating under a co-partnership name or under a trade name, or the officers and directors of a corporation operating under the corporation's name.4.2. Established Place of Business.4.2.1. The License Service shall contain the equipment required to conduct a business including a computer, printer, internet service, desk, chairs and filing facilities for the maintenance of records.4.2.2. The office location may be self-standing or in a residence. The office shall have a valid telephone number and valid email address listed in the name of the License Service.4.2.3. The License Service licensee shall keep all records on the premises.4.2.4. The License Service may set any office hours it chooses. However, the hours shall be based on a regular schedule and be posted in a conspicuous place to facilitate inspection by the Division. An employee of the License Service shall be present during posted business hours.4.2.5. State and other political subdivision requirements.4.2.5.a. Each office location shall possess all current State and local licenses applicable to a business of the type being conducted.4.2.5.b. Each office location shall meet all local zoning requirements for the business location.4.2.5.c. The licensee shall display all tax licenses in the office.4.2.5.d. The licensee shall pay any and all taxes due the State or any political subdivision of the State.4.3. Bonding Requirements. 4.3.1. In accordance with the provisions of the W. Va. Code § 17A-6B-2 a bond in the penal sum of twenty-five thousand ($25,000.00) dollars, payable to the State, is required. The licensee shall have the bond completed on the form prescribed by the Commissioner. The bond shall be conditioned on the premise that the applicant will not in the conduct of business, practice any fraud, or make any fraudulent representation which causes a financial loss to any purchaser, seller, financial institution, agency, or the State of West Virginia.4.3.2. The licensee shall secure the surety bond with the corporate surety from a bonding company licensed to do business in the state of West Virginia.4.3.3. The licensee shall obtain the surety bond in the trade name under which the License Service is being operated.4.3.4. The surety bond shall run concurrently from the date the license is issued or renewed to the expiration of the license.4.3.5. The surety bonding company shall give the Division thirty (30) days notice by certified mail, of the cancellation of the bond. The Division shall consider the surety bond as being in effect until notice of the cancellation is received by the Division.4.3.6. The Commissioner shall immediately revoke the License Service license upon cancellation of the bond and without proper replacement of the bond.4.3.7. The licensee shall notify the Division and the bonding company of any change in any information contained in the application for the security bond.4.3.8. The Division may notify the bonding company of audit discrepancies or revocation or suspension proceedings against the licensee.4.4. Issuance of Temporary Registration Plates. 4.4.1. The licensee shall make application for temporary registration plates in the manner prescribed by the Division.4.4.2. The licensee shall account for all temporary registration plates previously issued by the License Service before the Commissioner will approve any application for additional temporary registration plates.4.4.3. The Division shall not issue any additional temporary registration plates to the licensee if the licensee's application shows one hundred (100) or more temporary registration plates on hand from the previous allotment assigned to the licensee.4.4.4. The licensee shall keep a record of all temporary registration plates issued by the License Service for a period of three (3) years from the date of issuance.4.4.5. The licensee shall not issue, assign, transfer or deliver a temporary registration plate to anyone other than the bonafide applicant for a West Virginia title and registration to the vehicle to which the temporary registration plate is assigned, and not until the applicant has submitted all documents with the fees and taxes necessary to obtain a West Virginia title and registration.4.4.6. A licensee may process title and registration work on behalf of a West Virginia licensed dealership. A licensee may issue a temporary registration plate for vehicles entering West Virginia from another state or jurisdiction irrespective of the place of purchase.4.4.7. The licensee shall not issue a second temporary registration plate on a vehicle previously assigned a West Virginia temporary registration plate. A licensee shall not extend the period of time on a temporary plate.4.4.8. The licensee shall not issue a temporary registration plate containing any misstatement of fact.4.4.9. The fee charged by the licensee for a temporary registration plate shall not exceed $5.00 as prescribed by W. Va. Code § 17A-6B-10(h).4.4.10. An itemized receipt shall be submitted to the division with the title or registration paperwork.4.4.11. If it is determined by the Division that a licensee is not in compliance with the provisions of law and this legislative rule relative to temporary registration plates, the Commissioner may suspend the right of the licensee to issue temporary registration plates pursuant to W. Va. Code § 17A-6B-10(f).4.4.12. The Commissioner may grant the authority to issue permanent registration plates to a license service company, if that license service meets certain qualifications prescribed by the Division. Any license service company authorized to issue permanent registration plates will be required to maintain a penalty bond in the amount of One Hundred Thousand ($100,000.00) dollars at all times.4.5. License Service Record Keeping and Document Processing.4.5.1. In addition to the records as required by W. Va. Code § 17A-6B-10 and this rule, the licensee shall maintain a record or log of all work accepted by the License Service for a period of three (3) years from the date of the transaction. The record shall include the name and address of the customer, the vehicle identification information, the type of transaction, the date of transaction and/or any activity relating to the transaction. The licensee shall provide each customer with an itemized receipt, retain a duplicate copy for the licensee's records, and submit such receipt to the division with the documents to be processed.4.5.2. In accordance with the provisions of W. Va. Code § 17A-6B-10, the licensee shall not issue a temporary registration plate for a vehicle unless the applicant has provided all necessary titling documents, fees, and taxes. The licensee shall forward all title documents, fees, and taxes to the division within forty-eight (48) hours of issuance of the temporary registration plate. The postmark on the envelope containing the submitted title documents serves as a measure of compliance.4.5.3. If an investigation of the licensee's financial records shows that any tax or fee is due the State, the Commissioner shall immediately suspend the License Service's license.4.5.4. In addition to any administrative license suspension or revocation, the Division may pursue criminal or civil action to collect any taxes or fees due the Division.4.5.5. The licensee shall keep all records open for inspection by authorized representatives of the Division and all law enforcement officers during the regular posted business hours of the License Service.4.5.6. When the licensee does not issue a temporary registration plate, the licensee shall submit to the Division all title work or other transactions received from a customer within five (5) days. The licensee shall attempt to notify the customer within five (5) days of all transactions returned for correction.4.6. Noncompliance with Statute, Rule or Policy.4.6.1. The licensee, as a condition of licensing, agrees to abide by all statutes, or rules, policies and procedures established by the Division to provide for the most efficient processing of work.4.6.2. The Commissioner may suspend the processing of a License Service's documents due to noncompliance with any statute, rule, policy, or procedure.4.6.3. The Commissioner shall suspend or revoke a License Service's license to offer document processing services to the general public for continued noncompliance with any statute, rule, policy, or procedure.