W. Va. Code R. § 150-23-12

Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-23-12 - Hazardous Materials Permit - Part II
12.1. Uniform application.

The permit section for hazardous materials is part II of the uniform application.

12.2. Base state.

A motor carrier shall apply to its base state for a uniform permit. The uniform permit confers on a motor carrier the authority to transport hazardous materials in all states that participate in the uniform program.

12.3. Permit validation and recertification.

The uniform permit shall be valid for a period of three years or until a motor carrier fails to renew its registration, whichever occurs first. At the beginning of the second and third year of the permit period, the motor carrier, as part of the annual registra-tion process, shall certify that its current operations are not substantially different from its operations on the date it obtained its permit. A motor carrier shall recertify its compliance with applicable laws and regulations in part II of the uniform application when it renews its annual registration. Failure to comply with the certifications in part II is cause for denial, suspension or revocation of the permit. If there is a substantial change in the motor carrier's operations during the permitting period, the Commission will review the changes and the motor carrier will be given due process to obtain a permit.

12.4. Permit processing.

Upon receipt of a permit application, the Commission shall process the application for the permit for each motor carrier for which it serves as the base state. If it is deemed necessary, the Commission may conduct any pre-permitting investigation or audit. When processing is complete, the Commission will issue a credential form to the motor carrier. A copy of the credential form must be kept inside the cab of each vehicle that transports hazardous materials.

12.5. Application certification.

In the permit application the motor carrier must certify that each vehicle and driver complies with the vehicle-specific and driver-specific requirements.

12.6. Certification compliance.

The Commission may conduct addi-tional investigations into a motor carrier's operation prior to issuing a permit to determine that the motor carrier has, in fact, complied with the certifications in the application.

12.7. Failure to comply.

Failure of a motor carrier to comply with the certifications in the application is grounds for denying, suspending, or revoking a permit. Proprietary information related to commercial relationships, routes, and specific products and financial information gathered on individual motor carriers as part of the permitting process shall be confidential and may only be used by the Commis-sion, other states in which the motor carrier operates, and the national repository for purposes of enforcing the permitting requirements.

W. Va. Code R. § 150-23-12