West Virginia Code 17A-6B-5 – Refusal of license certificate
If the commissioner finds that the applicant:
Terms Used In West Virginia Code 17A-6B-5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of the Division of Motor Vehicles of this state. See West Virginia Code 17A-1-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Has failed to furnish the required bond;
(2) Has knowingly made a false statement of a material fact in the application;
(3) Has habitually defaulted on financial obligations;
(4) Has been convicted of a felony within five years immediately preceding receipt of the application by the commissioner;
(5) So far as can be ascertained, has not complied with and will not comply with the registration and title laws of this state;
(6) Has been guilty of any fraudulent act in connection with the business of licensing service; or
(7) Has done any act or has failed or refused to perform any duty for which the license certificate sought could be suspended or revoked were it then issued and outstanding.
Then, upon the basis of the application, such findings, and all other information, the commissioner shall make and enter an order denying the application for a license certificate, which denial is final and conclusive unless an appeal is taken. Otherwise, the commissioner shall issue to the applicant the license certificate which shall entitle the licensee to engage in the license service business.