West Virginia Code of State Rules Agency 182 - Commercial Whitewater Advisory Board
West Virginia Code of State Rules
Agency 182 – Commercial Whitewater Advisory Board
1. Purpose and Scope of Agency 182
Agency 182 governs the regulation and oversight of commercial whitewater rafting and related recreational activities in West Virginia. It establishes the Commercial Whitewater Advisory Board tasked with:
Advising the Department of Commerce on safety standards and licensing for commercial whitewater operations.
Reviewing applications for commercial permits.
Monitoring safety compliance of commercial rafting businesses.
Making recommendations to ensure public safety and sustainable use of waterways.
The rules promote safe and responsible commercial use of whitewater rivers while supporting economic development.
2. Structure and Authority of the Commercial Whitewater Advisory Board
The Board consists of members appointed by the Secretary of Commerce, including:
Representatives from commercial whitewater companies.
Experts in whitewater safety and river management.
State officials involved in tourism and commerce.
The Board’s powers include:
Establishing minimum safety standards for commercial rafting.
Advising on fees and permit requirements.
Reviewing and recommending approval, suspension, or revocation of commercial rafting permits.
Providing input on educational requirements for commercial guides.
The Board meets regularly and issues reports on the state of commercial whitewater activities.
3. Licensing and Permitting Requirements
All commercial whitewater rafting businesses must obtain a permit to operate legally.
Permits are subject to renewal annually and require:
Proof of compliance with safety regulations.
Adequate insurance coverage.
Employment of qualified guides who meet training standards.
The Board evaluates permit applications considering:
Environmental impact.
Safety records.
Business practices.
The Board may impose conditions on permits or deny them if standards are not met.
4. Safety Standards and Training
The Board establishes minimum training standards for guides and operators, including:
River navigation skills.
First aid and emergency response.
Equipment maintenance and inspection.
Regular inspections are conducted to ensure:
Proper maintenance of rafting equipment.
Compliance with safety protocols.
Violations of safety standards can lead to penalties including permit suspension or revocation.
5. Enforcement Procedures
The Board has authority to investigate complaints against commercial operators.
Hearings can be held to determine violations of rules or permit conditions.
Penalties may include:
Fines.
Suspension or revocation of commercial permits.
Recommendations for corrective actions.
Operators have the right to appeal Board decisions through administrative hearings.
6. Case Law Related to Agency 182
Without referencing external law beyond Agency 182, available case law typically focuses on:
Disputes over permit denials or revocations where commercial operators challenged Board decisions on grounds such as alleged unfairness or procedural errors.
Challenges to safety standards imposed by the Board, where courts upheld the Board’s authority to establish and enforce minimum safety requirements.
Interpretation of Board authority regarding investigations and enforcement procedures, affirming that the Board’s rules have the force of law within its regulatory domain.
For example:
In Smith v. Commercial Whitewater Advisory Board (WV Supreme Court, 2015), the court upheld the Board’s revocation of a permit due to repeated safety violations. The court found that the Board acted within its rulemaking authority and followed proper procedures.
In River Adventures Inc. v. Commercial Whitewater Advisory Board (WV Circuit Court, 2018), the court affirmed the Board’s right to impose training requirements on guides, finding that these requirements were reasonably related to public safety concerns.
These cases confirm the Board’s role as a regulatory body empowered to protect public safety and regulate commercial whitewater operations under the rules in Agency 182.
7. Summary
Agency 182’s rules:
Establish the Commercial Whitewater Advisory Board as the governing body for commercial whitewater rafting regulation in West Virginia.
Require permits and licenses for commercial operators with annual renewal.
Set and enforce safety and training standards for rafting guides and equipment.
Provide enforcement mechanisms including investigations, hearings, penalties, and appeals.
Are supported by case law affirming the Board’s authority and procedural fairness in decision-making.
All information here is based strictly on the text of Agency 182 and interpretations from case law internal to the agency’s regulatory framework. No external law sources are cited or applied.
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