West Virginia Code of State Rules Agency 119 - Tax And Revenue, Secretary of
1. Overview of Agency 119
Agency 119 in West Virginia is the set of administrative rules issued by the Secretary of Tax and Revenue. These rules are part of the West Virginia Code of State Rules (CSR) and implement the statutes passed by the Legislature.
The primary active part of Agency 119 is:
Series 119‑301 — Registration of Telemarketers
This series governs the registration and regulation of telemarketing businesses operating in West Virginia. It sets requirements for registration, fees, and penalties for noncompliance.
The rules are issued under the authority of the West Virginia Administrative Procedures Act, which allows agencies to adopt rules necessary to implement legislative mandates.
2. Purpose and Scope
The purpose of Agency 119 is to:
Ensure telemarketers register with the state before conducting business.
Set registration and renewal fees to cover administrative costs.
Establish enforcement mechanisms for violations, including civil penalties.
Ensure compliance with consumer protection laws, especially regarding telemarketing.
The scope applies to all individuals or businesses that perform telemarketing in West Virginia. It also provides guidelines for the Secretary to assess penalties fairly and consistently.
3. Key Provisions
A. Registration Requirements
All telemarketers must register before engaging in any telemarketing activity in West Virginia.
Registration is required both for initial operation and annual renewals.
B. Fees
The Secretary charges a registration fee and a renewal fee.
These fees are deposited into a state fund used to administer the telemarketing registration program.
C. Enforcement
Failure to register or comply with telemarketing rules can result in civil penalties.
The Secretary has discretion to consider mitigating or aggravating factors when assessing penalties.
D. Administrative Procedure
Any enforcement action taken under the rule must follow the West Virginia Administrative Procedures Act, which ensures due process and allows for administrative appeals.
4. Statutory Authority
Agency 119 is authorized by:
The West Virginia Administrative Procedures Act, which allows state agencies to adopt rules consistent with statutory authority.
Consumer protection statutes, especially provisions related to telemarketing.
The Secretary of Tax and Revenue is empowered to set fees, enforce registration, and issue penalties.
These laws give the Secretary both rulemaking authority and enforcement power.
5. Relevant Case Law
Although there is no specific case directly challenging Series 119‑301, general West Virginia administrative law principles apply. Key cases include:
Griffith v. Frontier West Virginia, Inc., 228 W.Va. 277, 719 S.E.2d 747 (2011)
Principles established in this case:
Agency authority must come from the Legislature – Agencies cannot make rules beyond the authority given by statute.
Rules must be consistent with legislative intent – Rules cannot alter the rights, duties, or obligations defined by law.
Reasonableness – Courts will uphold agency rules if they are reasonable, rational, and related to the statute’s purpose.
Judicial review – If an agency exceeds its authority or acts arbitrarily, its rules can be struck down.
Application to Agency 119
Agency 119 must not impose requirements on telemarketers that go beyond what the Legislature authorized.
Enforcement of registration fees or penalties must follow due process, as required by the Administrative Procedures Act.
Challenges to the rule would be evaluated based on whether the Secretary acted within statutory authority, applied rules reasonably, and followed proper administrative procedures.
6. Legal Process for Disputes
If a telemarketer or business believes the rule is applied incorrectly:
They may appeal to the West Virginia Office of Tax Appeals.
The appeal may challenge the validity of the rule, the interpretation of the statute, or the assessment of penalties.
If dissatisfied with the administrative decision, the matter may be appealed to circuit court under the Administrative Procedures Act.
7. Summary Table
| Aspect | Key Points |
|---|---|
| Agency | 119 – Tax and Revenue, Secretary |
| Rule Series | 119‑301 – Registration of Telemarketers |
| Purpose | Registration, fees, enforcement of telemarketing regulations |
| Authority | Administrative Procedures Act, consumer protection statutes, Secretary of Tax and Revenue powers |
| Key Requirements | Register before telemarketing, pay fees, comply with penalties |
| Enforcement | Civil penalties for violations; administrative appeals allowed |
| Case Law Guidance | Griffith v. Frontier WV – rules must be within statutory authority, reasonable, and consistent with legislative intent |
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