reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-6 - Timeline for processing application

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Development Office shall mark on the
				application the date it is received by the Development Office.
6.2. The Development Office shall have ninety
				(90) days after it physically receives a complete application to establish a
				Tourism Development District in which to approve the application and establish
				the district, deny the application, or request additional information from the
				Applicant. A complete application is one which provides all of the information
				required by section four of this rule.
6.3. If the application is approved and the
				district is established, or if the application is denied, then the Director of
				the Development Office shall promptly issue a notice of decision notifying the
				Applicant in writing of the decision, which shall be served on the Applicant by
				certified mail, electronic-mail, or by facsimile transmission and first-class
				regular mail.
6.4. If the Director
				requests additional information from the Applicant, the request shall be made
				in writing and served on the Applicant by certified mail, electronic-mail, or
				by facsimile transmission and first-class regular mail.
6.5. The Applicant shall have thirty (30)
				days from date of receipt of the request for additional information in which to
				provide the additional information.
6.6. When the additional information is
				provided within the applicable thirty-day period, the Director shall have
				thirty (30) days after physical receipt of the additional information to act on
				the application or the balance of the original ninety-day period to act on the
				application, whichever is longer.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-7 - Timely filing and paying; performance when last day to act is Saturday, Sunday or holiday in this State

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Delivery in person. If any document required by this rule to be filed with the
				Director of the Development Office, or any payment required to be made, within
				a prescribed period or on or before a prescribed date, is delivered in person
				on or before such date to the Development Office, it shall be timely
				filed.
7.2. Timely mailing If any
				document required by this rule to be filed with the Director of the Development
				Office, or any payment required to be made within a prescribed period or on or
				before a prescribed date under authority of this rule, is, after such period or
				such date, delivered by United States mail to the Director of the Development
				Office, the date of the United States Postal Service postmark stamped on the
				cover in which such document or payment is mailed is the date of delivery or
				the date of payment as the case may be, provided the following mailing
				requirements are met:
7.2.1. The postmark
				date falls within the prescribed period or on or before the prescribed date for
				filing of the document or for making payment, and
7.2.2. The document or payment was, within
				the time prescribed in subdivision 7.2.1. deposited in the mail in the United
				States in an envelope or other appropriate wrapper, postage prepaid, properly
				addressed to the Development Office.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-8 - Public notices

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Within fourteen (14) days after receipt of any application for establishment of
				a Tourism Development District, the Director of the Development Office shall
				solicit written comment from the public either in support of or opposition to
				the proposed Tourism Development District and shall file a notice in the State
				Register in substantially the same form as follows allowing the public fourteen
				(14) days from the date of publication of the notice to provide written
				comment:
TO WHOM IT MAY CONCERN
Notice is hereby given that [Name of Applicant] filed an
				  application with the Director of the West Virginia Development Office on
				  [Month] [Date], [Year] For establishment of the [Name of District] Tourism
				  Development District. The proposed district consists of [Number] contiguous
				  acres located at [Address] in [Municipality], West Virginia. Included in the
				  application is a plan for development of the district, which is generally
				  described as follows:
[Insert brief description of the project, including phases
				  of the project, if any, and the Project's estimated cost.]
Interested persons may inspect the application during normal
				  business hours of the West Virginia Development Office in Charleston, West
				  Virginia, to the extent inspection is permitted under the State Freedom of
				  Information Act, W. Va. Code §
										29B-1-1,
et seq.
Comments shall be received until ___________________,______,
				  via United States mail at the following address:
West Virginia Development Office
ATTN: Executive Director
State Capitol Complex - Building 3
1900 Kanawha Boulevard E.
Charleston, West Virginia 25305
8.2. The Development Office shall mail a copy
				of the aforementioned notice to the chief elected official of any municipality
				located within, or partially within, the proposed Tourism Development District.
				Such municipality may file statements in support or opposition of the
				application within fourteen (14) days after the Director's filing the public
				notice described in section 8.1. of this rule. A municipality desiring to file
				such statements, shall submit the statement to the Director of the Development
				Office in person, by certified mail return receipt requested, by
				electronic-mail, or by facsimile transmission.
8.3. The Director shall file a copy of the
				Director's notice of decision in the State Register within fourteen (14) days
				after the Director approves the application for the establishment of a
				district, or denies the application.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-9 - Criteria for Considering Applications; Tourism Development District Agreement between Development Office and Applicant upon Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Director
				of the Development Office shall consider the following criteria when
				determining whether to approve the application for the establishment of a
				Tourism Development District:
9.1.1. The
				approved costs of the Tourism Development Project or Tourism Development
				Expansion Project must be in excess of twenty-five million dollars
				($25,000,000);
9.1.2. The estimated
				number and type of jobs to be created within the Tourism Development District,
				specifically including, but not limited to, construction jobs and permanent
				jobs;
9.1.3. The estimated average
				annual payroll of the permanent jobs to be created in the Tourism Development
				District; and
9.1.4. The economic
				impact on the state and the region in which the Tourism Development District is
				to be located, specifically including, but not limited to, whether the Tourism
				Development District will produce significant economic development activity,
				the extent to which the district will stimulate and support the growth of new
				or existing businesses located in the county, compete with or compliment
				existing businesses, improve the opportunities for successful establishment or
				expansion of other commercial or industrial business, or create additional
				employment opportunities and diversify the local economy.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-10 - Duties of Applicant after District is Established

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The owner, operator, or manager, as
				applicable, and all concessions and licensees thereof, of the Project shall, in
				the same manner as any other business or commercial venture located within the
				municipality:
10.1.1. Pay any applicable
				business and occupation tax;
10.1.2. Collect and remit any applicable
				municipal sales and use tax;
10.1.3. Pay any applicable
ad
				valorem
real and personal property tax consistent with the same
				millage rates;
10.1.4. Collect and
				remit any applicable hotel occupancy tax;
10.1.5. Pay any applicable municipal service
				fees, including, but not limited to, fire, police, sanitation, or city service
				fees;
10.1.6. Pay any reasonable
				applicable municipal utility rates, fees, and charges for utilities used or
				consumed during construction and operation of premises within the Tourism
				Development District, including, but not limited to, water, sewer, stormwater,
				and garbage and recycling collection, provided, however, the provider may not
				charge rates to the premises within the Tourism Development District which are
				discriminatory;
10.1.6.a. Any rates, fees,
				and charges for such services shall be based on the cost of providing such
				service and the municipality shall enter into a contract for each such service
				with the Approved Company. Any such contracts for water service or sewer
				service with the municipality shall be subject to review and approval by the
				Public Service Commission of West Virginia.
10.1.6.b. The Applicant shall only be
				required to pay any reasonable capacity improvement fee or impact fee to the
				extent that capital additions, betterments, and improvements must be designed,
				acquired, constructed, and equipped by the municipality to provide such service
				to the Project and any such capacity improvement fee or impact fee for water or
				sewer service may not be discriminatory and shall be subject to review and
				approval by the Public Service Commission of West Virginia.
10.1.7. Comply with state laws,
				regulations, and licensure requirements concerning state control of alcoholic
				liquors pursuant to Chapter 60 of the Code and control of nonintoxicating beer
				pursuant to W. Va. Code §
										11-16-1,
et seq.;
10.1.8.
				Be entitled to municipal police protection and municipal fire protection, if
				available;
10.1.9. Design, acquire,
				construct, and equip the Project pursuant to the State Building Code in
				accordance with W. Va. Code §
										8-12-13
				and W. Va. C.S.R. § 87-4-1,
et seq.;
and
10.1.10. Permit inspection of the design,
				acquisition, construction, and equipping of the Project pursuant to the
				standards approved by the Development Office.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-11 - Vested property right; termination

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. When a Tourism Development District is
				established, the Applicant and any successor to the Applicant shall have a
				vested property right to undertake and complete the approved elements of the
				Project, subject to the provisions of the Act and this rule.
11.2. Failure to abide by the terms and
				conditions of this rule or material failure to complete the Project shall
				result in revocation of the Tourism Development District and in forfeiture of
				the right established in this section; provided, however, the Applicant or any
				successor thereto shall have sixty (60) days to begin to cure any such failure
				before any such revocation of the Tourism Development District may
				occur.
11.3. The vesting period
				within which the approved elements of the Project must be completed is five (5)
				years from the date the Tourism Development District is established. This
				five-year period can be extended once for a period of up to a maximum of
				thirty-six (36) months upon submission of the certification required by
				subsection 10.2 to the Director stating that the Applicant is seeking an
				extension. The vesting shall become permanent once eighty percent (80%) or more
				of the buildings in the Project, based on square footage of space, have been
				completed, unless the Tourism Development District is sooner terminated as
				provided in this rule.
11.4.
				Revocation of the Tourism Development District as provided in this rule or
				expiration of the five-year vesting period prior to completion of the Project
				shall not affect the portion of the Project completed before the district is
				revoked or the five-year vesting period expires. Neither of these events shall
				affect any construction work in progress, begun before the district is revoked
				or the five-year vesting period expires except that this grandfather rule shall
				not apply to any construction work in progress that is not consistent with the
				application or any change thereto that has been approved in writing by the
				Director of the Development Office. The revocation of the Tourism Development
				District shall not impact operation of the portion of the Project for which
				design, acquisition, construction, or equipping has been completed prior to the
				revocation of the Tourism Development District or any design, acquisition,
				construction or equipping which is grandfathered under this rule.
11.5. Each Tourism Development District Shall
				terminate by operation of law ninety-nine (99) years from the date approved by
				the Development Office, unless a shorter time period for termination is agreed
				to by the Applicant and the Development Office.
11.6. A Tourism Development District shall
				continue to exist beyond the termination or expiration of the Act.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-12 - Tourism Development Act

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Failure of the Legislature to renew the
				Tourism Development Act (W. Va. Code §
									5B-2E-1,
et seq.
) may not modify or alter the designation and vested
				rights or any Tourism Development District created prior to the failure of the
				Legislature to renew the Tourism Development Act and any such Tourism
				Development District shall continue to exist beyond the potential termination
				of the Tourism Development Act.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-13 - Home Rule limited

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Upon
				the establishment of a Tourism Development District in accordance with this
				rule, and notwithstanding any provision of the Code to the contrary, or a
				municipality's home rule powers with respect to ordinances and ordinance
				procedures, including any authority pursuant to W. Va. Code §
									8-1-5a,
				any Project within a Tourism Development District, is not subject to any
				municipal:
13.1.1. Zoning, historic
				preservation, horticultural, noise, viewshed, lighting, development, or land
				use ordinances, restriction, limitations, or approvals;
13.1.2. Regulation of the sale of alcoholic
				liquor, nonintoxicating beer, or wine for consumption within the Tourism
				Development District;
13.1.3.
				Building permitting, inspection, or code enforcement;
13.1.4. License requirements;
13.1.5. Legal jurisdiction in which the
				Tourism Development District is entirely or partially located, except as
				provided in this rule;
13.1.6. Tax,
				fee, or charge, except as provided in this rule; or
13.1.7. Consent or approval or any state or
				county action pursuant to the Code, including, but not limited to, for county
				or state action regarding the establishment of tax increment financing
				development or redevelopment districts, or the approval of tax increment
				financing development or redevelopment districts, or the approval of tax
				increment financing development or redevelopment plans.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-14 - Cooperation with Other State Agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The Division of Highways, State
				Department of Transportation may take actions necessary in support of the
				development of any Tourism Development Project or Tourism Development Expansion
				Project in a Tourism Development District including, but not limited to, the
				development or improvement of such highways, road, thoroughfares, and sidewalks
				within the municipality where the Tourism Development District is partially or
				entirely located.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-15 - Maximum number of Districts

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				The Development Office may not establish more than five (5) Tourism Development
				Districts.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-16 - Orders of the Director are final

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The decision of the Director of the
				Development Office regarding the establishment of a Tourism Development
				District is final.
16.2. The
				Director may terminate a Tourism Development District if he or she determines
				that the Tourism Development Project or Tourism Development Expansion Project
				has been abandoned or ceased operations for five (5) consecutive
				years.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-16 - Tourism Development Districts › Section 145-16-17 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Pursuant to
				W. Va. Code §
									2-2-10,
				if any provision of this rule or the application thereof to any person or
				circumstance is held unconstitutional or invalid, the unconstitutionality or
				invalidity shall not affect other provisions or applications of this rule, and
				to this end the provisions of this rule are declared to be severable.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures for purchase of commodities and services by the
				Department of Economic Development pursuant to the purchasing
				exemption.
1.2. Authority. -- W.
				Va. Code §
									5B-2-3.
1.3. Filing Date. - August 26, 2021
1.4. Effective Date. - September 27,
				2021
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This
				procedural rule applies to the Department of Economic Development and all
				sections and offices within.
3.2.
				All purchases over $25,000.01 must be approved by the Procurement Officer or
				his or her authorized designee.
3.3. The Procurement Officer may grant
				permission to approve purchases up to $25,000 to the purchasing liaison for
				each respective section and office.
3.4. All automated systems prescribed by
				Procurement Office as statewide systems are mandatory for Department sections
				and offices.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-4 - Duties of Procurement Officer

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Procurement Officer shall:
4.1.1. Ensure that purchases and contracts
				for commodities and services are based on competitive bids whenever
				possible.
4.1.2. Establish a list
				of commodities and services that are not possible to submit for competitive bid
				by the Department.
4.1.2.a. Sections and
				offices may purchase the commodities and services on the list directly from the
				vendor and are not required to solicit competitive bids for purchase of those
				items approved by the Procurement Officer. However, competitive bidding is
				always encouraged.
4.1.2.b. Section
				and office requests to add commodities or services to the list must be
				accompanied by written justification and an explanation of why competitive bids
				are not possible.
4.1.2.c. Nothing
				in this subsection supersedes or replaces the Attorney General's authority to
				approve contracts as to form.
4.1.3. Purchase or contract for, in the name
				of the Department, the commodities and services required by the Department's
				sections and offices.
4.1.4.
				Prescribe the manner in which commodities and services shall be purchased,
				delivered, stored, and distributed.
4.1.5. Review specifications and descriptions
				before soliciting bids to ensure specifications and descriptions do not favor a
				particular brand or vendor.
4.1.6.
				Accept or reject any and all bids in whole or in part.
4.1.7. Waive minor irregularities in bids or
				specifications when the Procurement Officer determines such action to be
				appropriate.
4.1.8. Apply and
				enforce standard specifications.
4.1.9. Prescribe the amount of deposit or
				bond to be submitted.
4.1.10.
				Prescribe in each contract provisions for liquidated damages, remedies, or
				other damage provisions in the event of vendor default.
4.1.11. Prescribe the manner of inspection
				for all deliveries of commodities and services.
4.1.12. The Procurement Officer may authorize
				staff to review, audit, and approve section requests, purchases, and other
				transactions and performance that fall under the duties of the Procurement
				Office. Authorized staff shall have access at any and all times to personnel,
				records, reports, and other documents, as needed. Authorized staff may also
				provide relevant training for Department personnel.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-5 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Procurement Officer may require the Department sections attempt to resolve any
				issues that it may have with the vendor prior to pursuing a remedy contained
				herein. The Department sections must document any resolution efforts and
				provide copies of those documents to the Procurement Officer.
5.2. Contract Cancellation.
5.2.1. The Procurement Officer may cancel a
				purchase or contract immediately under any one of the following conditions
				including, but not limited to:
5.2.1.a. The
				vendor agrees to cancellation.
5.2.1.b. The vendor has obtained the contract
				by fraud, collusion, conspiracy, or is in conflict with any statutory or
				constitutional provision of the State of West Virginia.
5.2.1.c. Failure to honor any contractual
				term or condition or to honor standard commercial practices.
5.2.1.d. The existence of an organizational
				conflict of interest is identified.
5.2.1.e. Funds are not appropriated, or an
				appropriation is discontinued by the legislature for the acquisition.
5.2.1.f. Violation of any federal, state, or
				local law, regulation, or ordinance.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-6 - Registration, Advertising, Bidding, and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Registration of Vendors.
6.1.1. All vendors must register through the
				Vendor Self-Service portal with the Purchasing Division prior to being awarded
				a contract by the Department. W. Va. Code §
										5A-3-12
				requires the Disclosures of Information, such as ownership, all names under
				which a vendor is doing business, their physical address and its corporate
				offices.
6.1.2. Purchasing Division
				Fee Payment.
6.1.2.a. All vendors shall pay
				the Purchasing Division annual registration fee or be exempt from the payment
				requirement pursuant to W. Va. Code of State Rules, Series 148 Title 1,
				Purchasing, prior to being awarded a contract by the Department, except that
				the Procurement Officer may exempt the following categories of vendors from
				this requirement.
6.1.2.a.1. Vendors providing
				a good or service under a direct award solicitation are not required to pay the
				registration fee. The fee is considered waived by the Procurement Officer for
				all direct award providers.
6.1.2.a.2. Any vendor can be exempted from
				paying the registration fee if the Procurement Officer determines that waiving
				the registration fee would be in the best interest of the Department.
6.1.3. Other
				registrations. Licenses, etc.
6.1.3.a. The
				vendor must be licensed and in good standing in accordance with any and all
				state and local laws and requirements by any state or local agency of West
				Virginia, including, but not limited to, the West Virginia Secretary of State's
				Office, the West Virginia State Tax Department, West Virginia Office of the
				Insurance Commissioner, the West Virginia State Auditor, the West Virginia
				State Treasurer, or other state agencies or political subdivisions prior to
				being awarded a contract. The vendor must provide all necessary releases to
				obtain information necessary to verify that the vendor is licensed and in good
				standing with the above entities.
6.1.4. Failure to Register.
6.1.4.a. The Procurement Officer is
				prohibited from awarding any contract to any vendor not properly registered
				with the Purchasing Division. If a vendor is eligible to be awarded or has been
				awarded a contract and it is determined that the vendor has failed to comply
				with the requirements of Section 6. of this rule, the vendor will be given a
				period of time that the Procurement Officer deems sufficient to cure the
				failure. If after that period, vendor has not cured the failure, the
				Procurement Officer may cancel the contract.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-7 - Purchasing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Purchases of $25,000 or less.
7.1.1. Sections
				and offices may make purchases of $25,000 or less per transaction for
				commodities and services without processing the purchase as a formal
				solicitation through the Procurement Office, provided the sections and offices
				adhere to the most current Procurement Office purchasing rule established by
				the Department.
7.1.2. Sections and
				offices must keep records of these purchases on file and make them available
				for public inspection during the normal office hours of the sections and
				offices.
7.1.3. Sections and
				offices shall not issue a series of requisitions or divide or plan procurements
				to circumvent competitive bidding or spending thresholds, otherwise known as
				stringing.
7.1.4. If a section or
				office fails to comply with the rule established for purchases of $25,000 or
				less, the Procurement Officer has the ability to recommend to the Director for
				approval the following corrective actions:
7.1.4.a. Suspend or reduce purchasing
				permission for that section or office.
7.1.4.b. Require the section or office to
				provide additional reports and documentation relating to purchases of $25,000
				or less for Procurement Office review.
7.1.4.c. Require the section or office to
				submit to additional oversight that the Procurement Officer deems
				appropriate.
7.1.4.d. Require the
				section or office personnel responsible for purchases of $25,000 or less
				participate in remedial training as approved by the Procurement
				Office.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-8 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Submission of
				a Protest.
8.1.1. Protests based on bid
				specifications must be submitted no later than five working days prior to bid
				opening.
8.1.2. Protest of a
				purchase order or contract awards must be submitted no later than five working
				days after the award.
8.1.3. The
				vendor is responsible for knowing the bid opening and award dates. Protests
				received after these dates may be rejected by the Procurement
				Officer.
8.1.4. All protests must
				be submitted in writing to the Procurement Officer in the Procurement Office
				and contain the following information:
8.1.4.a. The name and address of the
				protestor;
8.1.4.b. The
				requisition, solicitation, purchase order or contract numbers;
8.1.4.c. A statement of the grounds of
				protest;
8.1.4.d. Supporting
				documentation, if necessary; and
8.1.4.e. The resolution or relief
				sought.
8.1.5. Failure
				to submit this information shall be grounds for rejection of the protest by the
				Procurement Officer.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-9 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person who
				authorizes or approves a purchase or contract in violation of West Virginia
				Code or any rule adopted by the Procurement Office may be personally liable for
				the cost of the purchase or contract. Purchases and contracts violating the
				West Virginia Code or this rule are void and of no effect. Provided, that the
				state establishes by a preponderance of the evidence that the individual acted
				knowingly and willfully.
9.2. Any
				person receiving anything of value from a known interested party in awarding a
				purchase order is subject to the provisions of the Ethics Act as determined by
				the Ethics Commission.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-10 - Encumbrance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Account
				Designation.
10.1.1. Agency sections must
				designate the appropriate account from which funds to pay for a contract will
				be taken prior to a contract being awarded, unless the contemplated contract is
				a type that cannot be encumbered as determined by the Procurement
				Officer.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-19 - Rule Governing the Operation of Motorsports Complexes and Events › Section 145-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- the
				following rules govern the operation of a motorsports complex or any
				motorsports event in West Virginia.
1.2. Authority. -- W. Va. Code §
									20-19-7.
1.3. Filing Date. - June 17, 2024
1.4. Effective Date. -- June 17,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-19 - Rule Governing the Operation of Motorsports Complexes and Events › Section 145-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Equipment"
				means personal protective equipment provided by the "motorsports operator"
				and/or "motorsports facility" to a "participant" for use on the facility.
				Equipment may include, but not be limited to helmets and harnesses.
2.2. "Motorsport facility" means a speedway
				or racetrack designed and intended for motorsport activities.
2.3. "Motorsport operator" means any person,
				partnership, corporation, lessee, or other organization, or any combination
				thereof offering motorsport activities.
2.4. "Participant" means any person or
				organization using the services of a motorsport facility including, but not
				limited to, spectators, vehicle operators using either a personally owned
				vehicle or a vehicle owned by the motorsport facility, or vehicle passengers
				using either a personally owned vehicle or a vehicle owned by the motorsport
				facility.
2.5. "Safety check" means
				a visual assessment performed by the motorsports facility and/or motorsports
				operator or a qualified third party appointed by the motorsports facility
				and/or motorsports operator, to identify any apparent tearing, fraying or other
				damage to the personal protective equipment, which would be expected to
				reasonably impact the ability for the item to perform as the manufacturer
				intended.
2.6. "Racing surface"
				means a plot of ground or course used for vehicular racing.
2.7. "Sanctioning body" means a regional,
				national, or international organization, which regularly organizes and operates
				events including, but not limited to promotional and touring events, time
				trials, driving schools, or lapping days, which have established and accepted
				guidelines for the operation of their events.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-19 - Rule Governing the Operation of Motorsports Complexes and Events › Section 145-19-3 - Safety requirements for equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Motorsports facility and/or motorsports
				operator must ensure a safety check is reasonably completed on all equipment
				prior to each use.
3.2. Equipment
				must not be altered or manipulated by the Motorsports facility and/or
				motorsports operator in any way other than how the manufacturer intended or
				recommended.
3.3. Motorsports
				facility and/or motorsports operator is not responsible for safety checks for
				any equipment not owned by the motorsports facility and/or motorsports
				operator.
3.4. Equipment provided
				by the motorsports facility or the motorsports operator must be clearly marked
				with:
3.4.1. Equipment number.
3.4.2. Date purchased.
3.4.3. Motorsports facility name or
				logo.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-19 - Rule Governing the Operation of Motorsports Complexes and Events › Section 145-19-4 - Safety requirements for the design of racing surfaces

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All racing motorsports surfaces must be
				regularly maintained in accordance with the requirements established by the
				sanctioning body hosting the motorsports event.
4.2. All racing motorsports surfaces shall be
				free and clear of debris and items that can knowingly cause injury or damage to
				participants, other than that which is inherent to the type of racing
				motorsports surface or necessary to the intended use of the racing motorsports
				surface.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-19 - Rule Governing the Operation of Motorsports Complexes and Events › Section 145-19-5 - Safety requirements for the provision of run-off areas

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All run-off
				areas at a motorsport facility must be of sufficient size and constructed with
				materials appropriate for the intended racing events to provide a reasonable
				expectation of minimizing injury or damage to the drivers and spectators in the
				event of an off-track excursion.
5.2. Motorsports operators must endeavor to
				maintain the run-off areas to be free and clear of debris and items which would
				be expected to cause harm to a driver or spectator.
5.3. Embankments around the run-off areas
				must be maintained where necessary.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-19 - Rule Governing the Operation of Motorsports Complexes and Events › Section 145-19-6 - Requirements for fire and other emergency services

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Motorsports operators must ensure fire
				services are available to respond to a fire emergency during appropriate
				motorsports events.
6.1.1. Fire services
				provided by a motorsports operator must ensure all emergency equipment meets or
				exceeds State safety requirements.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-01 - Corporate and Membership Organization Political Activity › Section 146-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Rule establishes the general regulations on corporate and membership
				organization political activity.
1.2. Authority. -- W. Va. Code §
									3-8-8.
1.3. Filing Date. -- May 8, 2024.
1.4. Effective Date. -- May 8,
				2024.
1.5. Sunset Provision. --
				This Rule shall terminate and have no further force or effect August 1,
				2029.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-01 - Corporate and Membership Organization Political Activity › Section 146-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Candidate's
				committee" means a political committee established with the approval of or in
				cooperation with a candidate or a prospective candidate to explore the
				possibilities of seeking a particular office or to support or aid his or her
				nomination or election to an office in an election cycle. If a candidate
				directs or influences the activities of more than one active committee in a
				current campaign, those committees shall be considered one committee for the
				purpose of contribution limits.
2.2. "Contribution" means a gift,
				subscription, loan, assessment, payment for services, dues, advance, donation,
				pledge, contract, agreement, forbearance, promise of money, or other tangible
				thing of value, whether conditional or legally enforceable, or a transfer of
				money or other tangible thing of value to a person, made for the purpose of
				influencing the nomination, election, or defeat of a candidate.
2.2.1. A coordinated expenditure is a
				contribution for the purposes of this rule. "Coordinated expenditure" is an
				expenditure made in concert with, in cooperation with, or at the request or
				suggestion of a candidate or candidate's committee and meeting the criteria
				provided in W. Va. Code §
										3-8-9a.
2.2.2. An offer or tender of a contribution
				is not a contribution if expressly and unconditionally rejected or returned. A
				contribution does not include volunteer personal services provided without
				compensation:
Provided
, that a nonmonetary contribution is to
				be considered at fair market value for reporting requirements and contribution
				limitations.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-01 - Corporate and Membership Organization Political Activity › Section 146-1-4 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of Section 3 of this rule shall not be deemed
				  to prohibit:
4.1. Expenditures made
				for public editorials or commentaries produced in the ordinary course of
				business by corporations whose primary purpose is journalism or public
				communications.
4.2. Direct
				communications by a corporation or membership organization to its restricted
				group on any subject by any means not intended to reach the general public.
				Such communications by a corporation or membership organization to its
				restricted group may be made by, but are not limited to, the following means:
4.2.1. The distribution of printed material
				by a corporation or membership organization to its restricted group:
Provided
, that:
4.2.1.a. The
				material is disseminated at the expense of the corporation or membership
				organization; and
4.2.1.b. The
				material clearly states that it constitutes a communication of the views of the
				corporation or membership organization.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-01 - Corporate and Membership Organization Political Activity › Section 146-1-5 - Powers And Duties of Corporate and Membership Organization Political Action Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				Corporate and membership organization Political Action Committees must file
				notice of their existence with the appropriate election officer, as required by
				W. Va. Code §
									3-8-5b, prior to meeting the
				definition of a corporate or membership organization political action
				committee.
5.2. Solicitation and
				acceptance of contributions.
5.2.1. A
				Corporate or membership organization Political Action Committee may solicit
				contributions and volunteer personal services solely from the restricted
				group(s) of the corporation(s) or membership organization which established
				such Corporate or membership organization Political Action Committee.
5.2.2. All solicitations by Corporate or
				membership organization Political Action Committees shall conform in method and
				manner to the provisions of W. Va. Code §
										3-8-8.
5.2.3. A Corporate or membership organization
				Political Action Committee is specifically prohibited from receiving any direct
				or indirect payment, distribution, discount, loan, advance, deposit, gift of
				money or any services or anything of value from any person other than the
				corporation(s) which established such Corporate or membership organization
				Political Action Committee or the restricted group(s) of such establishing
				corporation or membership organization.
5.2.4. No Corporate or membership
				organization Political Action Committee shall hold or sponsor any raffle,
				dance, banquet or similar fund-raising event directed to persons other than the
				restricted group(s).
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-01 - Corporate and Membership Organization Political Activity › Section 146-1-6 - Miscellaneous Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Notwithstanding any provision of these regulations to the contrary, a
				corporation or membership organization which customarily makes its meeting
				rooms available to clubs, civic or community organizations, or other groups may
				make such facilities available to a political committee, if the meeting rooms
				are made available on a nonpartisan basis and on the same terms given to other
				groups using the meeting rooms.
6.2. All persons are prohibited from
				knowingly accepting or receiving any contribution, payment, distribution, loan,
				advance, deposit, gift of money or services or anything of value prohibited by
				these regulations.
6.3. Nothing in
				these regulations limit in any manner the reporting obligations of corporations
				or membership organizations or Corporate or membership organization Political
				Action Committees or any other person under W. Va. Code §§
									3-8-5,
				3-8-2 and
				3-8-2b.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-01 - Corporate and Membership Organization Political Activity › Section 146-1-7 - Penalty Provision

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 Any
				person violating this rule shall be guilty a misdemeanor, and, upon conviction
				thereof, shall be fined not more than ten thousand ($10,000) dollars pursuant
				to W. Va. Code §
									3-8-8.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-02 - Fair Campaign Practices › Section 146-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish the implementation of state law on the voluntary
				adherence to the "Fair Campaign Practices of 1995." See W. Va. Code
				'3-1B-1,
				et seq.
1.2. Authority. -- W. Va.
				Code ''3-1A-5, 6 and 3-1B-3
1.3.
				Filing Date. -- May 24, 1996.
1.4.
				Effective Date. -- June 7, 1996.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-02 - Fair Campaign Practices › Section 146-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Campaign
				advertising or communication" means:
2.1.1. a
				communication, whether written or oral, authorized by a candidate or a
				candidate's committee; and,
2.1.2.
				for the express purpose of publicly advocating the nomination, election or
				defeat of a candidate.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-02 - Fair Campaign Practices › Section 146-2-3 - Code of Fair Campaign Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Prescribed forms of code.
3.1.1. It is the
				duty of the secretary of state, in consultation with the commission, to
				prescribe the forms to be used and to furnish the prescribed forms to the
				appropriate election officers in sufficient time and quantities, as may be
				requested by the election officers;
3.1.2. The prescribed forms are required to
				contain the full and complete text that is statutorily mandated by W. Va. Code
				'3-1B-5,
				except that the commission may increase the spending limitations established in
				the text at its discretion by properly promulgated legislative
				rule(s).
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-02 - Fair Campaign Practices › Section 146-2-4 - Advisory Opinions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				commission may, at its discretion, issue advisory opinions in response to
				written requests for such on the issue of whether or not an action, or proposed
				action, of a subscribing candidate violates the code;
4.2. The opinion is required to be in
				writing, citing the particular part or portion of the code, or any other
				authority, being relied upon by the commission;
4.3. All advisory opinions issued are
				required to be published and indexed in the code of state rules by the
				secretary of state.