353.03 EMPLOYER RESPONSIBILITIES.
   (a)   Each employer shall require the applicant to provide the information specified in West Virginia Code 17E-1-5.
   (b)   No employer may knowingly allow, permit, require or authorize a driver to drive a commercial motor vehicle during any period in which the driver:
      (1)   Has a driver's license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle;
      (2)   Has more than one driver's license at one time.
      (3)   Or the commercial motor vehicle he or she is driving or the motor carrier operation, is subject to an out-of-service order;
      (4)   Is in violation of federal, state or local law or regulation pertaining to railroad highway grade crossings; or
      (5)   Is in violation of any provision of 49 C.F.R., Part §382 related to controlled substances and alcohol use and testing.
         (WVaC 17E-1-6)
   (c)   No employer may require or allow a driver to operate a commercial motor vehicle while texting. (WVaC 17E-1-6)