W. Va. Code R. § 149-9-4 - The SCDL Program

4.1. The purpose of this section is to establish general program structures, functions and guidance.

4.2. Application - Any person wishing to participate in the SCDL shall complete a SCDL Program Application. This application may be completed in hard copy form or electronic format, at the discretion of the director. The application will contain completion instructions. The application shall contain a participant section to be completed by the individual requesting to participate in the SCDL.

4.2.a. Application - Applicant Section. This section of the application shall contain the following participant information:

4.2.a.1. Name (Last Name, Middle Initial, First Name, Maiden name as applicable);

4.2.a.2. Residence address, city, state and ZIP code;

4.2.a.3. Mailing address (if different from residence address);

4.2.a.4. Email address;

4.2.a.5. West Virginia Driver's License number (DLN);

4.2.a.5. Birthdate;

4.2.a.6. Gender;

4.2.a.7. Daytime phone;

4.2.a.8. Mobile phone;

4.2.a.9. Social security number (SSN);

4.2.a.10. Amount of unpaid court costs due, as known by the applicant (with the director, for this item, being able to request copies of documents for verification as needed);

4.2.a.11. Applicant's signature affirming that the information provided in the section is true and accurate and consenting to the exchange of the personally identifiable information (PII) on the application between the DJCS, DMV and the court(s); with an acknowledgement that the provision of false or misleading information on the application may cause the participant to be denied participation in, or removal from, the SCDL and, the date of signature/submittal.

4.3. Upon receipt of a SCDL application the director shall take the following steps:

4.3.a. Verify that the application is completely filled out. When determined not to be to secure applicable information required from the participant. Failure to provide such requested information may be grounds to deny the applicant participation in the SCDL.

4.3.b. Forward the completed and signed application to the commissioner. Upon receipt, the commissioner will review the application to determine if the applicant meets the eligibility requirements of the SCDL program as set forth in 3.2 of this rule.

4.3.b.1. If the applicant is determined to be eligible the commissioner will communicate to the director the following information:

4.3.b.1.A. That the applicant is eligible.

4.3.b.1.B. Whether the applicant is required to take a driver's license vision, knowledge test and road skills test.

4.3.b.1.C. The names of court(s) and citation numbers where court costs and fines are due. If the applicant must complete the license tests this information will be provided after the successful completion of such tests.

4.3.b.2. If the applicant is ineligible, the commissioner will send an explanation of ineligibility and any additional actions required by the applicant to the director.

4.3.c. Upon receipt of the eligibility or ineligibility notice, the director will communicate to the applicant the determination.

4.3.c.1. For those individuals determined to be eligible information will be sent advising whether they must take the applicable tests to bring their license current due to it having been expired of surrendered for more than six (6) months and if so that a $50 payment must first be made to the SCDL. If no license tests are required information will be sent to them concerning their requirement to make the first $50 payment towards their unpaid court costs while their payment schedule is being finalized. The $50 payment, whether the license tests are required or not, must first be received for the applicant to continue forward in the SCDL.

4.3.c.1.A. If an applicant must complete the related license tests upon receipt of the required $50 payment the director will provide the commissioner with a Certificate of Compliance.

4.3.c.1.B. Upon the receipt of the Certificate of Compliance the commissioner shall issue a "Second Chance Driver's License" letter and send it to the director with a driver's license brochure. The director will forward that letter and brochure to the applicant.

4.3.c.1.C. The applicant must take the "Second Chance Driver's License" letter to the DMV, or one of its regional offices to apply for a driver's license and take the required tests for such a license.

4.3.c.1.D. Once the applicant passes the vision, knowledge and road skills tests the commissioner will stay the revocations and suspensions of the unpaid citations that are covered by the SCDL. Once that stay is effect the participant may drive his or her motor vehicle, subject to restrictions upon where and when the participant may operate a motor vehicle during the stay as determined by the commissioner, for the period of time that they remain in good standing within the SCDL.

4.3.c.1.E. The commissioner will notify the director when an applicant has successfully completed the vision, knowledge and road skills tests.

4.3.c.2. For those individuals determined to not be eligible.

4.3.c.2.A. The applicant will be provided information as to why he or she was not eligible and the commissioner's requirements to be taken to bring themselves to where they may become eligible for the SCDL.

4.3.c.2.B. Upon full resolution of the commissioner's requirements, the applicant may reapply for the SCDL.

4.4. A SCDL eligible applicant who has made at least a $50 payment to the director, and who has passed their driver's license tests, if applicable, or who was not required to complete the driver's license testing and has made their initial required $50 fee, is considered to be a participant in the SCDL. Once so considered the participant is not required to make payment to the court(s) for the unpaid costs covered by the SCDL, unless the director notifies the participant that he or she has been removed from the SCDL and that the obligation of the applicant to pay the court(s) is reinstated.

4.5. The director will verify with the court(s) the total of all unpaid court costs owed by eligible applicants pertaining to the suspension n or revocation actions taken previously by DMV as a result of notice from the court(s). The court(s) will provide the director with the specific amount of all unpaid court costs, fines, forfeitures or penalties owed and still due by the participant.

4.6. If a notice has been made by the court(s) previously to the tax department to collect the unpaid court costs from state tax refunds once the court(s) receive notice from the director that the individual is now a participant in the SCDL the tax department will be notified by the court(s) to take no further amount from the participant's refunds while the participant is in good standing in the SCDL.

Notes

W. Va. Code R. § 149-9-4