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House Bill 4211 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4211
(By
Delegates Mahan, R. Thompson, Cann,
Kominar, Armstead and Faircloth
)
[Passed March 12, 2004; in effect from passage.]
AN ACT
to amend and reenact article 8, chapter 64 of the code of
West Virginia, 1931, as amended,
all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended
by the Legislature;
authorizing the division of highways to
promulgate a legislative rule relating to the use of state
road rights-of-way and adjacent areas
;
authorizing the
division of highways to promulgate a legislative rule relating
to the transportation of hazardous wastes upon the roads and
highways
; and
authorizing the division of motor vehicles to
promulgate a legislative rule relating to administrative due
process.
Be it enacted by the Legislature of West Virginia:
That article 8, chapter 64 of the code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO
PROMULGATE LEGISLATIVE RULES.
§64-8-1. Division of highways.
(a) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section eleven, article twenty-two, chapter seventeen
of this code, modified by the division of highways to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of January,
two thousand four, relating to the division of highways (use of
state road rights-of-way and adjacent areas, 157 CSR 6), is
authorized.
(b) The legislative rule filed in the state register on the
eighteenth day of July, two thousand three, authorized under the
authority of section seven, article eighteen, chapter twenty-two of
this code, relating to the division of highways (transportation of
hazardous wastes upon the roads and highways, 157 CSR 7), is
authorized, with the following amendment:
On page four, subdivision 6.3.2, on the third line, by
striking out the words "Division of Water and" and inserting in
lieu thereof the words "Office of".
§64-8-2. Division of motor vehicles.
The legislative rule filed in the state register on the
nineteenth day of November, two thousand three, authorized under
the authority of section nine, article two, chapter seventeen-a of
this code, relating to the division of motor vehicles
(administrative due process, 91 CSR 1), is authorized, with the
following amendment:
On page five, subdivision 3.7.2., after the period, by
inserting the following: "Provided, That, where the arresting
officer fails to appear at the hearing, but the licensee appears,
the revocation or suspension of license may not be based solely on
the arresting officer's affidavit or other documentary evidence
submitted by the arresting officer."
;
On page six, paragraph 3.9.4.a., by striking out the
subdivision in its entirety and inserting in lieu thereof the following:
"a. The party carrying the burden of proof has the initial
opportunity to present evidence.";
On page six, paragraph 3.9.4.b, after the words "and accept
as", by striking out the word "evidence" and inserting in lieu
thereof the words "part of the record".
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