2021 West Virginia Code
Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions
Article 2. Division of Motor Vehicles
§17A-2-26. Enrollment of Persons With Communication Disability
(a) As used in this section:
(1) "Communication disability" has the same meaning as in 17A-2-27 of this code.
(2) "Disability that can impair communication" has the same meaning as in 17A-2-27 of this code.
(3) "Legal guardian" has the same meaning as in 49-1-205 of this code.
(4) "Ward" means a person for whom a legal guardian has been appointed.
(b) The Division of Motor Vehicles shall establish and maintain an enrollment list of persons who enroll under this section as being diagnosed with a communication disability or a disability that can impair communication.
(c) Any person diagnosed with a communication disability or a disability that can impair communication who is 18 years of age or older may enroll with the division for inclusion in the enrollment list by submitting a completed verification form to the division.
(d) Any parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication may enroll the minor child or the ward with the division for inclusion in the enrollment list by submitting a completed verification form to the division.
(e) (1) The division shall include in the enrollment list information provided on a completed verification form that the division determines is necessary for a law-enforcement officer to identify a person as diagnosed with a communication disability or a disability that can impair communication. The division shall make the enrollment list available to state and local law-enforcement officers through a law-enforcement automated data system.
(2) Information in the enrollment list is not a public record subject to inspection or copying under chapter 29B of this code.
(f) A person diagnosed with a communication disability or a disability that can impair communication who is included in the enrollment list, or the parent or guardian of a minor child or a ward diagnosed with a communication disability or a disability that can impair communication who is included in the enrollment list, may request removal of the person, minor or ward, as applicable, from the enrollment list. The person, parent or guardian shall do so by completing the verification form with only the information required under 17A-2-27(c)(1), 17A-2-27(c)(2), 17A-2-27(c)(3), 17A-2-27(c)(8), and 17A-2-27(c)(9) of this code, as applicable, and submitting the form to the division. Upon receipt of a properly completed verification form requesting the removal of a person with a communication disability or a disability that can impair communication from the enrollment list, the division shall immediately remove that person from the enrollment list.
(g) The division may propose rules for promulgation in accordance with the provisions of 29A-3-1 et seq. of this code to carry out the requirements of this section.
