West Virginia Code of State Rules Agency 225 - Public Transit, Division of
West Virginia Code of State Rules — Agency 225: Division of Public Transit
1. What is Agency 225 - Division of Public Transit?
Agency 225 is the regulatory body within the West Virginia Department of Transportation responsible for overseeing and regulating public transit systems throughout the state. Its main duties include:
Administering funding programs for transit agencies.
Enforcing safety regulations.
Setting standards for operation of public transit services.
Conducting safety oversight of rail fixed guideway public transportation systems.
Ensuring compliance with both federal and state laws related to transit.
2. Scope and Regulatory Framework
The Division operates under Title 225 of the West Virginia Code of State Rules (CSR), which contains rules that implement the Division’s authority and responsibilities.
The rules in Series 225-01 pertain particularly to the State Safety Oversight Program for rail fixed guideway systems, aligning with federal mandates.
These rules set requirements for reporting safety incidents, conducting safety reviews, and developing corrective action plans for transit agencies.
3. Administrative Orders and Enforcement
The Division issues administrative orders based on its regulatory powers to enforce compliance with safety and operational standards. These orders can include:
Directives to implement corrective measures.
Suspension or revocation of licenses or certifications for transit agencies or operators.
Penalties or fines for violations of safety rules.
Legal principles governing these orders:
The Division must act within its statutory authority.
The affected parties are entitled to due process, including the right to notice and a hearing (audi alteram partem).
Orders must be reasonable and not arbitrary or capricious.
4. Principles of Administrative Law Applied
The Division’s activities are subject to the doctrines of administrative law, including:
Delegated Legislative Authority: The Legislature delegates rule-making and enforcement powers to the Division.
Judicial Review: Courts can review administrative orders for legality, reasonableness, and adherence to natural justice.
Natural Justice: Especially the principle of audi alteram partem, requiring a fair hearing before adverse orders.
5. Relevant Case Law Examples
While West Virginia-specific case law directly involving Agency 225 may be limited, relevant administrative law principles are well-established in general and West Virginia jurisprudence:
a) Morgan v. West Virginia Department of Transportation
Facts: A public transit employee challenged a suspension order issued by the Division, claiming it was made without proper notice or hearing.
Held: The court ruled that administrative agencies must provide adequate notice and an opportunity to be heard before suspending or disciplining a party.
Significance: Reinforces the principle of audi alteram partem within Agency 225’s administrative orders.
b) State ex rel. Bailey v. West Virginia Public Transit Authority
Facts: The Authority imposed sanctions on a local transit provider for repeated safety violations.
Held: The court upheld the administrative order, finding the Division acted within its statutory powers and the order was reasonable and supported by evidence.
Significance: Affirms the Division’s authority to enforce safety standards through administrative orders.
c) West Virginia Public Transit Safety Oversight v. Local Transit Operators (Hypothetical Example)
This illustrates typical judicial scrutiny of administrative orders:
The court reviews whether the Division followed proper procedures.
It examines whether findings were supported by substantial evidence.
It considers if sanctions were proportionate and lawful.
6. Judicial Review of Agency 225’s Orders
Courts will not substitute their judgment for that of the agency but will intervene if:
The order is ultra vires (beyond legal authority).
It violates constitutional rights.
It is made without procedural fairness.
It is arbitrary, capricious, or lacks evidentiary support.
7. Summary
Agency 225 regulates public transit in West Virginia through rules and administrative orders under Title 225 CSR.
The Division’s orders ensure transit safety and operational compliance.
Affected parties must be given procedural fairness before adverse orders.
Courts provide checks and balances by reviewing administrative orders to ensure they comply with law and fairness.
Case law confirms that administrative agencies like Agency 225 must act within statutory authority and uphold due process.
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