TITLE 119 
                              LEGISLATIVE RULE 
             SECRETARY OF TAX AND REVENUE 
 
                                 Series 301 
             REGISTRATION OF TELEMARKETERS                      
 
§119-301-1.   General. 
 
     1.1.   Scope. -- This rule establishes telemarketing registration fees and factors the 
Secretary of Tax and Revenue considers when assessing civil administrative penalties. 
 
     1.2.   Authority. -- The authority for this rule is W. Va. Code §§ 29A-3-15, 46A-6F-
301 and 46A-6F-303. 
 
     1.3.  Filing Date. – January 12, 1999. 
 
     1.4.  Effective Date. –  
 
     1.5.  Official Citation. – The official citation of this rule is title 119, series 301 of the 
West Virginia Code of State Rules. Sections of this rule may be cited as 119 W.Va.C.S.R. § 
_______, or 119 C.S.R. §_______. 
 
§ 119-301-2.  Registration fees. 
 
     2.1    General.  -- The Secretary of Tax and Revenue may charge reasonable 
application and renewal fees. These fees are deposited in the Telemarketer Registration 
Fund created in the State Treasury and used to administer and enforce the registration 
requirements of W. Va. Code §§ 46A-6F-1 et seq. and this rule. 
      
     2.2 Fees. -- 
      
            2.2.1 Initial application fee -- $250.00 
      
            2.2.2 Renewal fee -- $250.00 
      
            2.2.3 Discount. – If the telemarketer registers at the Secretary’s web site, or 
renews its registration at the Secretary’s web site, the applicant  will be allowed a $50 
discount.   
 
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  2.3 Refund of fee.  
 
      2.3.1 No refund shall be given, or credit established, for all or a portion of the 
registration fee if during the registration year the registrant: (a) goes out of business, (b) 
stops doing telemarketing activity in this State, or (c) has its telemarketing registration 
certificate revoked or suspended. 
       
      2.3.2 No refund shall be given, or credit established, for all or a portion of the 
registration fee when the claim is for any other reason, except that a refund will be made if 
payment of the fee, or any portion of the fee, was erroneous at the time it was paid. 
 
§119-301-3.  Failure to register or meet security requirement; remedies. 
   
  3.1 Civil administrative penalty. -- The Secretary may assess any person subject 
to this rule a civil administrative penalty of not more than $5,000 per violation if the person 
does any of the following: 
   
      3.1.1 Acts as a telemarketer without first registering with the Secretary as 
required by W. Va. Code § 46A-6F-301; 
 
      3.1.2 Acts as a telemarketer without first meeting the security requirements 
set forth in W. Va. Code § 46A-6F-302, unless the telemarketer is exempt from the security 
requirements; 
  
      3.1.3 Acts as a telemarketer after failing to maintain a certificate of 
registration as required by W. Va. Code § 46A-6F-301;  
 
      3.1.4 Acts as a telemarketer without furnishing the security required by W. 
Va. Code § 46A-6F-302; 
 
      3.1.5 Acts as a telemarketer without maintaining the amount of security 
required by W. Va. Code § 46A-6F-302; 
 
      3.1.6 Includes any material information on a registration application, or on a 
renewal application, that is false or misleading; or 
 
      3.1.7 Misrepresents that the telemarketer is registered with the Secretary.  
 
  3.2 Considerations.  -- When determining the amount of penalty to assess, the 
Secretary shall take the following into account: 
 
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              3.2.1 The seriousness of the violation; 
               
              3.2.2 Any good faith efforts of the telemarketer to comply with applicable 
requirements of W. Va. Code §§ 46A-6F-1 et seq. and this rule;  
               
              3.2.3 Any benefit obtained by person due to the act or omission;  
               
              3.2.4 The past history of the telemarketer in filing the initial application for 
registration and subsequent renewals; 
               
              3.2.5 Whether the cause of the delinquency was unavoidable, or was due to 
negligence or an intentional act of the telemarketer or an agent of the telemarketer; 
               
              3.2.6 The opportunity and degree of difficulty to correct erroneous or 
incomplete information in the initial application or a renewal application; 
               
              3.2.7 The cooperativeness and efforts made by the telemarketer or an agent 
of the telemarketer to correct the erroneous or incomplete information for which the penalty 
is to be imposed, in whole or in part; 
               
              3.2.8 The cost to the Secretary and time involved in investigation and 
correspondence prior to the time the erroneous or incomplete information is actually 
corrected;  
               
              3.2.9 Any good faith belief by the telemarketer that it was exempt from the 
registration requirements of W. Va. Code § 46A-6F-301, or the security requirements of W. 
Va. Code § 46A-6F-302, or exempt from the requirements of both sections; 
               
              3.2.10 The lack of actual knowledge by the telemarketer of the registration 
and security requirements of W. Va. Code §§ 46A-6F-301 and 302; and 
               
              3.2.11 The telemarketer’s business reputation and history, if offered by the 
telemarketer. 
 
 3.3 Notice of civil administrative penalty. -- The telemarketer shall be notified by 
certified mail or personal service of any alleged violation of W. Va. Code § 46A-6F-301 or 
302. This notice shall include:  
 
              3.3.1 A reference to the provisions of W. Va. Code §§ 46A-6F-301, 302 and 
303 that the person allegedly violated; 
               
              3.3.2 A concise statement of the facts alleged to constitute the violation; 

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     3.3.3 A statement of the amount of penalty sought to be imposed; and 
 
     3.3.4 A statement of the alleged violator’s right to a hearing if the violator 
desires to contest the proposed civil administrative penalty. 
  
 3.4 Request for hearing. -- The alleged violator has 20 calendar days after receipt 
of the notice within which to file with the Secretary a written request for a hearing. If no 
hearing is requested, the notice becomes a final order after the 20th calendar day. 
  
     3.4.1            Computation of time. -- If the 20th calendar day falls on a Saturday, 
Sunday or legal holiday in this State, the written request is timely if it is filed on the next day 
that is not a Saturday, Sunday or legal holiday in this State.  
  
     3.4.2            Service.  -- A written request for a hearing is filed timely when the 
request is delivered to the Secretary in person on or before the last day for filing, or the 
request is deposited in the United States mail, postage prepaid, addressed to one of the 
following addresses; or the request is sent by other means recognized as service by the 
courts of this State: 
  
                      W.Va. Secretary of Tax and Revenue 
                      Office of Telemarketing Registration 
                      P.O. Box 963 
                      Charleston, WV 25324-0963 
                       
                      W.Va. Secretary of Tax and Revenue 
                      Office of Telemarketing Registration 
                      Building 1, Room W-300 
                      Charleston, WV 25305-0842 
 
 3.5 Hearing and appeal procedures.  
 
 3.5.1 When a request for hearing is filed timely, the Secretary shall inform the 
alleged violator of the time and place of the hearing. 
      
 3.5.2 The Secretary may appoint a hearing examiner to conduct the hearing and 
then make a written recommendation to the Secretary concerning the assessment of a 
civil administrative penalty. 
      
 3.5.3 The hearing shall be conducted in accordance with the provisions of article 
5, chapter 29A of this Code. 
      
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 3.5.4  Within 30 days following the hearing, the Secretary shall issue and serve 
on the alleged violator a written decision that explains the rationale for any assessment 
of an administrative penalty. 
   
 3.5.5 An adverse decision may be appealed to the courts as provided in W. Va. 
Code § 29A-5-4. 
   
 3.5.6 No notice of a civil administrative penalty is due and payable until after the 
procedures for review of the notice as set out in this section have been completed. 
 
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