West Virginia Code § 11-14C-11

License application procedure
Open in Lexace · Ask the AI about this section
(a) To obtain a license under this article, an applicant shall file an application with the
commissioner on a form provided by the commissioner. The application shall include the
applicant's name, address, federal employer identification number, and any other
information required by the commissioner.
(b) An applicant for a license as a supplier, permissive supplier, terminal operator, importer,
blender, or distributor, shall satisfy the following requirements:
(1) If the applicant is a corporation, the applicant shall either beu incorporated in this state or
authorized to transact business in this state;
(2) If the applicant is a limited liability company, the applicant shall either be organized in
this state or authorized to transact business in this staate;
(3) If the applicant is a limited liability partnershipl, the applicant shall either be formed in
this state or authorized to transact business in this state; and
(4) If the applicant is an individual or a general partnership, the applicant shall designate an
agent for service of process and provide the agent's name and address.
(c) An applicant for a license as a supplier, permissive supplier, terminal operator, or
blender shall have a federal certificate of registry issued under 26 U.S.C. §4101 that
authorizes the applicant to enter into federal tax-free transactions in taxable motor fuel in
the terminal transfer system. An applicant that is required to have a federal certificate of
registry shall include the registration number of the certificate on the application for a
license under this se ction. An applicant for a license as an importer, an exporter, or a
distributor whVo has a federal certificate of registry issued under 26 U.S.C. §4101 shall
include the registration number of the certificate on the application for a license under this
section.
(d) An applicant for a license as an importer or distributor shall list on the application each
state from which the applicant intends to import motor fuel and, if required by a state listed,
shall be licensed or registered for motor fuel tax purposes in that state. If a state listed
requires the applicant to be licensed or registered, the applicant shall provide the
applicant's license or registration number of that state. A licensee who intends to import
motor fuel from a state not listed on its application for an importer's license or a distributor's
license shall provide the commissioner written notice of the action before importing motor
fuel from that state. The notice shall include the information that is required on the license
application.
(e) An applicant for a license as an exporter shall designate an agent located in West
Virginia for service of process and provide the agent's name and address. An applicant for a
license as an exporter or distributor shall list on the application each state to which the
applicant intends to export motor fuel received in West Virginia by means of a transfer that
is outside the terminal transfer system and, if required by a state listed, shall be licensed or
registered for motor fuel tax purposes in that state. If a state listed requires the applicant to
be licensed or registered, the applicant shall provide the applicant's license or registration
number of that state. A licensee who intends to export motor fuel to a state not listed on its
application for an exporter's license or a distributor's license shall provide the commissioner
written notice of the action before exporting motor fuel to that state. The noetice shall include
the information required on the license application.
(f) An applicant for a license as a motor fuel transporter shall list on the application each
state from which and to which the applicant intends to transport motor fuel and, if required
by a state listed, shall be licensed or registered for motor fuel tax purposes in that state. If a
state listed requires the applicant to be licensed or registeretd, the applicant shall provide
the applicant's license or registration number of that state. A licensee who intends to
transport motor fuel from or to a state not listed on its application for a motor fuel
transporter's license shall provide the commissioner written notice of the action before
transporting motor fuel from or to that state. The notice shall include the information that is
required on the license application.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.