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 149-9-5 - Payments, Compliance and Non-compliance

Universal Citation: 149 WV Code of State Rules 149-9-5

Current through Register Vol. XLI, No. 38, September 20, 2024

5.1. The purpose of this section is to establish the payment, compliance, and non-compliance process of SCDL participation.

5.2. The director and/or the executive board shall develop a fair, standard formula to be applied to each applicant that is based on the information submitted and the unpaid court costs determined. That formula shall be published in the guidelines. The purpose of this formula will be for determining a consolidated monthly repayment schedule and generate a monthly payment amount. At the discretion of the Director and within reason, this formula may be modified, in whole or in part, on a case-by-case basis to address mitigating circumstance which could influence a participant's ability to make monthly payments. This formula shall:

5.2.a. Demonstrate at least, a minimum monthly payment of $50; and,

5.3.b. Create a schedule which will allow for the participant to completely repay all unpaid costs due within twelve (12) months or less beginning on the date of notification, and,

5.4.c. May, upon a determination of financial hardship by the director or his or designee based on a review of financial obligations and earnings by the applicant, have a payment schedule that may be extended to no more than twenty-four (24) months.

5.3. If hardship circumstances are claimed by the participant the director may require from the participant detailed financial information of a sufficient nature and scope to properly allow a review to be completed for determination of the extension of payment schedule and a modification of the amount due for each required payment. Only in the case of the last payment to be made may the amount to be paid be less than $50.

5.4. The participant will be provided a copy of the payment schedule with an indication of the amount to be paid, dates to be paid and the place where payment is to be made.

5.5. SCDL payments will be paid to the director by cashier's check, money order or as otherwise set within the Program Guidelines upon notice by the director or as part of the payment schedule established.

5.6. If the participant becomes more than thirty (30) calendar days late in making a SCDL payment the director shall send a Notice of Non-compliance to the commissioner, with a copy to the participant. Upon the receipt, the commissioner will cancel the stay and reinstate the suspensions or revocations of the participant's license.

5.7. If the participant becomes compliant with the payment schedule, the director shall send a Certificate of Compliance to the commissioner. Upon receipt, the commissioner will stay the suspensions or revocations of the SCDL-covered unpaid citations.

5.8. A participant may be allowed to bring their payment schedule back into compliance two (2) times.

5.9. If the participant becomes more than thirty (30) days late in making SCDL payments for three (3) times the director will remove him or her from the SCDL. The director will send a Program Removal Notice to the commissioner and the court(s). Upon receipt, the commissioner will lift the stays and suspend or revoke the participant's driver's license for each SCDL covered unpaid citation and the court(s) will move to secure payment of the remaining unpaid court costs.

5.10. If the participant is convicted of any subsequent criminal offense after acceptance into the SCDL the director shall remove him or her from the program and provide a Program Removal Notice to the commissioner, the court(s) and the participant. Upon receipt, the commissioner will suspend or revoke the participant's driver's license and the court(s) will move to secure payment of the remaining unpaid court costs.

5.11. Not have any new driver's license suspensions, revocations or cancellations after acceptance in the SCDL.

5.12. When a participant fully completes his or her payment schedule, the director shall send a Program Completion Certificate to the court(s), with a copy to the commissioner and the participant.

5.13. Following receipt of the Program Completion Certificate, the court(s) will enter a Verification of Satisfaction for each citation and send such verification to the commissioner. The commissioner will then close each applicable citation file for the SCDL participant.

5.14. The director will distribute the payments, minus the five percent (5%) administrative process fee due to DJCS, collected from the participant to the court(s) for which the citations had resulted in the participant's suspensions or revocations and eligibility for the SCDL. Similar distribution will be made at the time that any Program Removal Notice is issued to a SCDL participant.

5.15. A participant who completes his or her payment schedule is considered to have fully paid all of the court costs related to the SCDL-covered citations and no other costs are due to the courts by that participant or license reactivation fees for those SCDL-covered citations.

5.16. A participant who receives a Program Removal Notice who has unpaid court costs that are at least twelve (12) months old, which have resulted in suspensions or revocations, and which were not considered in the applicant's prior SCDL payment plan, may reapply for the SCDL. The director may approve the new SCDL application for further consideration at his or her discretion following a review of the current application, suspensions or revocations and the applicant's performance as to his or her prior SCDL payment schedule.

5.17. The director will notify the applicant in writing as to the status of the review of the new application.

5.17.a. If denied, the director will notify the applicant of the reasons for the denial.

5.17.b. If approved, the director will notify the applicant and forward the application to the commissioner for consideration as a new applicant.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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