SB 35 — Adding grievance and appellate procedures for individuals participating in DMV Safety and Treatment Program

NEWS RELEASES HELPFUL LINKS IntroducedSB35 VersionSUB1 « Senate Bill 35 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 35 By Senator Rucker [Introduced[Originating Januaryin 12,the 2022;Committee on the Judiciary;

referredreported on January 19, 2022]     A BILL to amend and reenact §17C-5A-3 of the CommitteeCode onof West Virginia, 1931, as amended, relating to the Judiciary;addition of a grievance procedure and judicial review for participants who are aggrieved by decisions of a provider of the Division of Motor Vehicles’ Safety and Treatment Program;

and thenauthorizing to the CommitteeCommissioner on Finance] A BILL to amend and reenact §17C-5A-3 of the CodeDivision of WestMotor Virginia,Vehicles 1931, as amended, relating to thepromulgate additionlegislative of grievance and appellateemergency proceduresrules. and judicial review for individuals participating in, or who have participated in, the Division of Motor Vehicles’ Safety and Treatment Program;

and authorizing the Commissioner of the Division of Motor Vehicles to promulgate a rule to add such procedures and judicial review for participants of the Safety and Treatment Program.

ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCESSUBSTANCES, OR DRUGS.

(2) When the period of revocation is for a period of one year or for more than aone year, the license to operate a motor vehicle in this state may not be reissued until:

The Division of Motor Vehicles shall ensure that any meetings between victims and offenders shallare be nonconfrontational and ensure the physical safety of the persons involved.

(l) The Division of Motor Vehicles shall provide a fair, impartial, and expeditious grievance andprocedure appellate procedures for participants ofin the safety and treatment program who wish to challenge ana adverse decision by the agencyprovider or other entity conducting the program that precludes license reinstatement or which negatively affects, or unnecessarily delays, the participants’ outcome in that program.

After all administrative remedies providedauthorized by this articlesubsection or its related promulgated rules have been exhausted, participants who have been deemeddetermined unsuccessful in the program, rendering them ineligible for license reinstatement, or whose outcomes in the program have been unnecessarily delayed, are entitled to judicial review of the adverse decision, pursuant to §29A-5-4 of this code.

The Commissioner of the Division of Motor Vehicles isshall herebypropose authorized to promulgate rules relatedfor tolegislative theapproval grievance and appellate procedures referenced in thisaccordance subsectionwith under the provisions of §29A-3-1 et seq.

of this code and may promulgate emergency rules pursuant to the provisions of §29A-3-15 et seq.

    NOTE:

  Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

    Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.