West Virginia Code of State Rules
Agency 149 - Crime, Delinquency And Correction
Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
Series 149-09 - William R. Laird IV - Second Chance Driver's License Program
Section 149-9-2 - Definitions
Current through Register Vol. XLI, No. 38, September 20, 2024
2.1. "Applicant" means a person who has submitted an application to the director to participate in the SCDL and is being reviewed to determine eligibility to do so and the requirements for his or her participation in the SCDL are being determined.
2.2. "Commissioner" means the Commissioner of the Division of Motor Vehicles, or his or her designee.
2.3. "Consolidated repayment schedule" or "payment schedule" means the schedule by which a participant is expected to make monthly payments for unpaid court costs consistent with the requirements of the program as established by the director.
2.4. "Court" means a municipal court, magistrate court, circuit court, family court or drug court in the State of West Virginia and the Supreme Court of Appeals of West Virginia.
2.5. "Director" means Director of the Division of Justice and Community Services (DJCS), or his or her designee.
2.6. "Executive Board" refers to the Director of the Division of Justice and Community Services; the Commissioner of the Division of Motor Vehicles, the Administrative Director of the Supreme Court of West Virginia and a representative of the municipal courts as designated by the Executive Director of the West Virginia Municipal League, which shall meet at least once annually, within 14 calendar days following the adjournment of each Regular Session of the West Virginia Legislature. The purpose of this meeting will be to discuss program administration, program progress and effectiveness and other SCDL Program business matters that may be acted upon by the members of this board.
2.7. "Good standing" means compliance by a participant with the requirements of the program, as set forth in the Code of the State of West Virginia and this rule.
2.8. "Monthly payment" means the amount that a participant is scheduled to remit to the Director each month pursuant to the consolidated repayment schedule.
2.9. "Participant" means a person who applies for, and is accepted into, the Second Chance Driver's License program by the director.
2.10. "Program Guidelines" refers to the document which may be created and executed by the Director and/or the Executive Board which details and/or expands upon the administrative and programmatic requirements of the SCDL Program. As executed, these guidelines will be posted to the website of the DJCS.
2.11. "Second Chance Driver's License Program" or "Program" or "SCDL" means the program created as a result of the passage of Senate Bill 634 during the 2016 legislative session, that establishes a payment structure for a participant to consolidate unpaid court costs into monthly payments over a defined period of time, coordinates the acceptance and distribution of monthly payments from a participant and certifies that a participant in good standing is eligible for a temporary stay of a driver's license suspension or revocation due to certain unpaid court costs.
2.12. "Unpaid court costs" means any fee, fine, expense, cost or other moneys that are required to be paid by a person to a court, pursuant to one or more valid court orders, and have not been paid in full.
