reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-5 - Time Requirement and Manner of Filing Appeal Petition

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal petition must be personally delivered or mailed to
				the Chairman of the Structural Barriers Compliance Board within thirty (30)
				days following service of final written decision of the State Fire Marshal upon
				the petitioner, or within thirty (30) days following actual receipt if service
				be not required or for some reason not made of the order or decision being
				contested. Any appeal petition that IS mailed shall be by certified mail,
				return receipt requested, and shall be considered timely If postmarked within
				the said thirty (30) day period. Any appeal petition not delivered or mailed as
				aforesaid within said thirty (30) day period shall not be timely filed and the
				order or decision of the State Fire Marshal being contested by the untimely
				appeal petition shall be final and conclusive.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 133-2-6 - Copy of Appeal Petition to Structural Barriers Compliance Board

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon receipt of an appeal petition, the Chairperson, Structural
				Barriers Compliance Board shall forthwith supply a copy of same to the
				Structural Barriers Compliance Board with an opinion by the State Fire Marshal
				regarding the urgency of the matter being contested. The State Fire Marshal may
				elect to file a response to the appeal petition and, if he does, same shall be
				delivered to the Structural Barriers Compliance Board and a copy mailed to the
				petitioner.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-7 - Scheduling Appeal Petition for and Notice of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
The Structural Barriers Compliance Board shall schedule a
				hearing on the appeal petition giving the petitioner and the Structural
				Barriers Compliance Board at least ten (10) days written notice of the date,
				time, and place of the hearing. Said notice to the petitioner shall be by
				personal delivery or by certified mail, return receipt requested, shall contain
				a short and plain statement of the matters to be considered at the hearing,
				shall contain a copy of the State Fire Marshal's response, if any, to the
				appeal petition, and shall be mailed or personally delivered by the
				Chairperson, Structural Barriers Compliance Board no later than thirty (30)
				days after receipt of the appeal petition. A copy of the said notice to the
				petitioner shall be supplied to the State Fire Marshal. Any such hearing shall
				be conducted at a designated location at the State Capitol in Charleston, West
				Virginia, or at the discretion. of the Chairperson, Structural Barriers
				Compliance "Board at a location within the county where the premises in
				question are totally or partially located.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-9 - Continuances

Current through Register Vol. XLI, No. 28, July 12, 2024
A motion for continuance will not normally be granted unless
				made three days before the hearing in writing, or during the hearing, in either
				case for good and sufficient cause. Upon consideration of a motion for
				continuance, the urgency of the situation shall be determined and taken into
				consideration. Conflicting engagements of counsel or the employment of new
				counsel will not be regarded as good ground for a continuance, unless set forth
				in a motion filed promptly after the notice of hearing has been mailed, or
				unless extenuating circumstances are shown, which the Structural Barriers
				Compliance Board or hearing examiner deems
				adequate.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-10 - Absence of Petitioner or Counsel at the Scheduled Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
The absence of the petitioner or his legal counsel at a
				hearing, after service of notice of time, date, and place, shall not be the
				occasion for delay or continuance. The hearing shall proceed and the case be
				regarded as having been submitted for decision on the part of the absent
				petitioner or petitioners.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-11 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
Any member of the Structural Barriers Compliance Board may
				conduct a hearing on an appeal petition, and when so acting shall be referred
				to as the hearing examiner. Alternatively, the Structural Barriers Compliance
				Board may authorize and empower an impartial attorney as a hearing
				examiner.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-12 - Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
(1) All witnesses appearing at such hearing
			 shall testify under oath or affirmation. Every adverse party shall have the
			 right of cross-examination of witnesses who testify, and shall have the right
			 to submit rebuttal evidence.
(2)
			 All relevant and material evidence, including papers, records, agency staff
			 memoranda and documents in the possession of the Structural Barriers Compliance
			 Board or the State Fire Marshal of which either party desires to avail himself,
			 may be .offered and made a part of the record in the case, notwithstanding
			 admissibility objections which might be validly asserted in a court of
			 law.
(3) Irrelevant, immaterial, or
			 unduly repetitious evidence shall be excluded. Except as otherwise herein
			 stated, the rules of evidence as applied in civil cases in the circuit courts
			 of this state shall be followed in considering what evidence shall be admitted.
			 However, when necessary to ascertain facts not reasonably susceptible of proof
			 under those rules, reasonably authenticated evidence not admissible thereunder
			 may be admitted, except where precluded by statute or privilege, if it is of a
			 type commonly relied upon by reasonably prudent men in the conduct of their
			 affairs.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-13 - Record of Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
All of the testimony, evidence, and rulings on admissibility of
				evidence at any such hearing shall be reported by stenographic notes and
				characters or by mechanical means and in such a manner that an accurate
				transcript of the testimony may be prepared. An official record of the hearing
				will be prepared by the Structural Barriers Compliance Board, but a transcript,
				as aforesaid, need not be prepared by the Structural Barriers Compliance Board
				unless it be required for an appeal. The cost of such transcript shall be borne
				by the petitioner.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-14 - Informal Disposition

Current through Register Vol. XLI, No. 28, July 12, 2024
At any stage of the proceedings, informal "disposition may be
				made of any contested case by stipulation, agreed settlement, consent order, or
				default.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-15 - Decision by the Structural Barriers Compliance Board

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon the conclusion of the hearing, the person designated by
				the Structural Barriers Compliance Board as hearing examiner shall prepare a
				recommended decision supported by findings of fact and conclusions of law.
				affirming, modifying, or vacating the earlier order of decision of the State
				Fire Marshal with respect to which said hearing was held, and the Structural
				Barriers Compliance Board may, thereafter, either accept, modify, or reject
				such recommended decision. If it shall accept such decision it shall sign the
				same as its own; if it shall reject or modify the same, it shall prepare a
				written decision setting forth findings of" facts and conclusions of law. In
				either event, the order signed by the Structural Barriers Compliance Board
				shall be final unless vacated or modified upon judicial review thereof. A copy
				of said order shall be served upon each party to the hearing and his attorney
				of record, if any, in person or by certified mail, return receipt
				requested.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-16 - Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal may be taken by the petitioner or by the State Fire
				Marshal to the circuit court of the county where the premises are totally or
				partially located, if filed within thirty (30) days after the date upon which
				such party was served with a copy of the final order or decision of the
				Structural Barriers Compliance Board. The final order signed by the Structural
				Barriers Board shall be final and conclusive if the proceedings for judical
				review have not been duly instituted within the said thirty (30) day
				period.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-01 - Economic Development And Tourism Projects › Section 184-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The West Virginia Parkways, Economic Development and Tourism Authority (the "Authority") is an agency of the State of West Virginia, established under W. Va. Code '17-16A, effective June 1, 1989. The Authority succeeded, for all appropriate purposes, the West Virginia Turnpike Commission, a former agency of the State of West Virginia, which was abolished in all respects by the same legislation. The mission of the Authority goes beyond that of the former Turnpike Commission to include the promotion and enhancement of the tourism industry and the agricultural, economic and industrial development of the state.
1.2. Authority. -- W. Va. Code ''17-16A-6, 13; 29A-3-3.
1.3. Filing Date. -- November 22, 1991.
1.4. Effective Date. -- December 27, 1991.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-01 - Economic Development And Tourism Projects › Section 184-1-2 - Eligible Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Authority is empowered to develop economic development projects, including any land or watersite structure, facility or equipment which the Authority might at any time determine to acquire, create, develop, construct, reconstruct, improve or repair under the provisions of its enabling legislation to promote the agricultural, economic or industrial development of the State.
2.2. The Authority is also authorized to develop tourism projects including any park or tourist facility and attraction which the Authority might at any time determine to create, develop, construct, reconstruct, improve, maintain or repair under the provisions of its enabling legislation which would include all roads, interchanges, entrance plazas, approaches, service stations, administration, storage and other buildings or service stations and structures which the Authority deems necessary for the operation of a Tourism project.
2.3. Requests for direct grants or loan for economic development and tourism projects are outside the scope of the Authority's delegated powers and must be rejected. Only projects which contemplate some active involvement or equity position on the part of the Authority can be considered.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-01 - Economic Development And Tourism Projects › Section 184-1-3 - Application Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Authority, in accordance with the mission and concomitant powers established by its enabling legislation, may become involved in economic development and tourism projects at its discretion. Such a project may be undertaken at the initiative of the Authority, itself, or upon the request of an entity making application for project involvement. The Authority will evaluate economic development and tourism projects in accordance with these guidelines and the enabling legislation.
3.2. Requests for support for economic development and tourism will be considered initially be the Authority's economic Development and Tourism Project Committee. The Committee will then present the proposed project, accompanied by a recommendation for acceptance or non-acceptance, to the full Authority Board for its consideration. Applications for support of Economic Development or Tourism projects should be made in anticipation of a minimum six weeks consideration period once all required information is submitted. Applicants should be prepared to appear before the Authority's Economic Development Committee, and in some cases, before the full Authority. Once the preliminary application has been approved a more detailed application will be provided to the applicant for submission.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-01 - Economic Development And Tourism Projects › Section 184-1-4 - Preliminary Application Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Preliminary applications for projects should include information on the items listed below.
4.1.1. Full Project Description.
4.1.1.1. The project for which the application is made.
4.1.1.2. Its significance to the state/region/local area.
4.1.1.3. Its goals and objectives.
4.1.1.4. Names and qualifications of those persons who will be actively involved in the project management.
4.1.1.5. Time schedule for the project.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-01 - Economic Development And Tourism Projects › Section 184-1-5 - Criteria Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Economic Development and Tourism Committee, after establishing the validity and worthiness of a project, will evaluate it relative to other acceptable projects be use of the criteria-point scale depicted below. This approach will ensure an objective evaluation process. The results of the Committee's evaluation will be communicated to the full Authority.
5.2. Criteria/Maximum Points.
5.2.1. Applicant Quality and Financial Soundness ... 20
5.2.2. Desirability of Project and its Positive Impact ... 30
5.2.3. Stage of Development (Initial Stages to Maturity) ... 15
5.2.4. Compatibility/Profitability ... 15
5.2.5. Community and Regional Functional Priority ... 20
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-01 - Economic Development And Tourism Projects › Section 184-1-6 - Selection of Project

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The final selection of projects for Authority involvement will be made by the Authority and in its sole discretion. As projects are approved, a Project List will be developed and the approved projects shall be monitored by the by the Economic Development and Tourism Committee and Authority staff.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-02 - Rules Providing For Notice Of Meetings And Conduct Of Meetings › Section 184-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These procedural rules establishes requirements for notice of meetings and some general rules for conduct of said meetings. Meetings covered by these rules include meetings of the West Virginia Parkways Economic Development and Tourism Authority and standing committees of the Authority.
1.2. Authority. -- W. Va. Code §§
									6-9A-3.
1.3. Filing Date. -- April 28, 2006.
1.4. Effective Date. -- May 28, 2006.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-02 - Rules Providing For Notice Of Meetings And Conduct Of Meetings › Section 184-2-2 - Preface

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West Virginia Legislature has provided in W. Va. Code
§
6-9A-1 that all regular and special meetings of any governing body shall be open to the public and that the public shall be given reasonable advance notice of the time, date, location and purpose of such meetings being convened: Provided, however, that governing bodies may hold executive sessions as part of duly convened regular, special or emergency meetings under certain circumstances as permitted by law.
2.2. The Legislature has provided in W. Va. Code §
									6-9A-3 that each governing body shall promulgate rules by which the date, time, place and agenda of all regularly scheduled meetings and the date, time, place and purpose of all special meetings are made available, in advance, to the public and news media, except in the event of an emergency requiring immediate official action;
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-02 - Rules Providing For Notice Of Meetings And Conduct Of Meetings › Section 184-2-3 - Notice of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The West Virginia Parkways Economic Development and Tourism Authority shall meet at its headquarters building located at 3310 Piedmont Road, Charleston, West Virginia 25325, or at such other locations as the Authority may from time to time deem necessary.
3.2. Regular and Special Meetings - Notice of regularly scheduled meetings and special meetings shall be provided through the State Register, administered by the West Virginia Secretary of State's Office, and also shall be posted on the Authority's website at
http://www.wvturnpike.com
. Meeting notices shall be filed with the Secretary of State for publication in the State Register in a manner to allow each notice to appear in the state register at least five days prior to the date of the meeting. Each notice shall contain the time, date, location and purpose of the meeting. The agenda of each meeting shall be posted on the Authority's website and made available in the Authority's Charleston headquarters at least three days prior to the date of the meeting. This three day advance period excludes the day of the meeting, along with Saturdays, Sundays and legal holidays.
3.3. Emergency Meetings - The notice of any emergency meeting shall be filed with the Secretary of State, at any time prior to the meeting, and posted on the Authority's website, and shall include the date, time, place and purpose of the meeting. Any notice of an emergency meeting shall also state the facts and circumstances of the emergency.
3.4. The minutes of the Authority's meetings shall be open to the inspection of any member of the public at the Charleston office, as provided by W. Va. Code §
									6-9A-5.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-02 - Rules Providing For Notice Of Meetings And Conduct Of Meetings › Section 184-2-4 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All meetings must be open to the public, although the Authority may, either on its own initiative or upon the request of an interested party, hold an executive session during a meeting after its presiding officer has identified the authorization under W. Va. Code §
									6-9A-4 for the holding of such executive session and has presented it to the governing body and to the general public, as required by W. Va. Code §
									6-9A-4. An executive session will be held upon a majority affirmative vote of the Authority members present or attending by teleconference.
4.2. Persons desiring to address the Authority are encouraged to make arrangements in advance with the Authority. However, advance arrangements are not necessary or required as such person may sign in on a sign-up sheet for persons wishing to address the Authority during a particular Authority meeting prior to the scheduled commencement of any regular or special meeting. Any speaker shall provide in such advance arrangements and in any event on the sign-up sheet his/her name, mailing address, telephone number and the subject to be addressed. Presentations shall be limited to five minutes, unless otherwise designated by the Authority. Delegations are encouraged but not required to use a spokesperson to present their concerns or proposals.
4.3. The chairman may have a person removed from the meeting room if the person, in the opinion of the chair, is disrupting the meeting to such an extent as to compromise the orderly conduct of the meeting. A motion to review the decision of the chair to have a person removed from the meeting shall have precedence over all other business, and a simple majority of members present and voting shall be necessary to overrule the initial decision of the chair.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-02 - Rules Providing For Notice Of Meetings And Conduct Of Meetings › Section 184-2-5 - Meetings by Conference Call

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Occasions may arise when one or more members are not available to attend a meeting in person. On such occasions, members may attend and participate in the meeting by telephone or video teleconference to the same extent as if physically present. A speakerphone or other audio/video device shall be used at the meeting site to enable those present, including the public, to hear/see the members who are attending and participating by telephone or video teleconference.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These hearing rules shall be followed when the Authority determines to propose a change in toll rates. This procedural rule addresses and implements procedures regarding the form and content of hearing notices required by Section 3, Article 3, Chapter 29A of the West Virginia Code; implements and provides for the presentation of information and the conduct of such hearings; provides for oral and written presentation and comments; provides for the consolidation of multiple hearings where appropriate.
1.2. Authority. -- W. Va. Code §§
									17-16A-13a; 29A-3-3.
1.3. Filing Date. -- July 17, 2006.
1.4. Effective Date. -- September 1, 2006.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-2 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. When a public hearing is scheduled, notice in the form of a legal advertisement will be published as a Class II legal publication in a newspaper having general circulation in the counties traversed by the West Virginia Turnpike, and if different, the vicinity of the toll facility or facilities at which any such changes to toll rates are proposed pursuant to the provisions of W. Va. Code §
									59-3-2(a) and W. Va. Code §
									17-16A-13a. Each notice shall specify the date, time and place of the hearing and will contain a description of the proposed change to toll rates.
2.2. The notice shall further indicate that the needs, reasons and justifications for the change in toll rates will be discussed at the hearing. To promote public understanding maps, drawings or charts and other visual aids, may be included where possible.
2.3. The notice will specify where maps; drawings; charts; and studies, etc. if any, are available for inspection and copying. The notice will specify what material will be available at the public hearing for public viewing. Locations where material will be placed will include the offices of the Authority, and should the affected toll facilities be in a location in excess of ten miles from such offices, information may be made available at the offices of the clerks of the county commissions in the various counties, or mayor's offices or public libraries.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-3 - Time of Notice Publication

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Authority in preparation of the hearing notice form will normally assume that a minimum period of 10 working days will pass before the notice of a hearing will appear in the newspaper after submission for publication.
3.2. The notice provided for hereunder shall appear in the appropriate newspaper or newspapers at least 20 days prior to any such hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-4 - Environmental Statement Notices

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The cutoff date for a comment period on a proposed change to toll rates shall be no earlier then 45 days from the first publication of notice of hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-5 - Other Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No other notice of hearings shall be required, in addition to the formal newspaper legal advertisement.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-6 - Transmittal Letter

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The authority will prepare a transmittal letter forwarding material to those persons, entities or agencies on any applicable mailing list. The transmittal letter will include the date, time and place of the public hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-7 - Mailing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Mailing will be accomplished based upon a mailing list developed by the Authority. A list of applicable state and federal agencies will be incorporated into all mailing lists. The Authority will add the names of those citizens and organizations who have in writing requested placement on a specific mailing list. The failure of the Authority to place any particular individuals or organizations name and address on any mailing list shall not be grounds to claim lack of proper notice.
7.2. Mailing shall include, but not be limited to, a copy of the notice, a copy of a transmittal letter, and the hearing handout. The mailing, if possible, should be accomplished to allow the material to arrive at its destination prior to publication of the notice in the newspaper. Material will be mailed to the locations for public viewing in enough time to arrive prior to the first publication of the notice.
7.3. Mailing shall be by first class mail unless otherwise specified.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-8 - Location

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The location of any hearing will be selected by the Authority. Consideration will be given to the accessibility of the location to the people affected by the proposed change to toll rates to be discussed. The number of people expected to attend the hearing will also be considered. Only buildings or sites with public access will be used.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-9 - Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Authority or its designee will furnish all sound equipment, comment sheets and supplies necessary to erect exhibits and prepare the building or site for the hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-10 - Time

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All hearings will be held at times deemed by the Authority as convenient for persons affected by the proposed changes to toll rates.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-12 - Transcript/Video Record

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Authority will develop a verbatim transcript and/or a video record of the proceedings of each public hearing. After the transcript and/or video record have been prepared, the original will be retained in the Authority's files. All copies will be forwarded to the Authority for certification. Copies of the transcript/video record and appendices will be available for public information.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-03 - Rule Providing For Notice Of And Conduct Of Public Hearings Prior To Toll Rate Changes › Section 184-3-13 - Alternative Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In the event the Department of Transportation is involved in any proposal to which this hearing procedure is applicable, compliance with the rules and regulations of the department as to such hearing, to avoid duplication of effort, shall be deemed compliance with these regulations to the extent the same are not in conflict with these rules.
13.2. The Authority may consolidate into a single hearing the hearings required for each of several proposals which relate to toll facilities in the same locale, but shall make ample provisions for a hearing site large enough to accommodate consolidated hearings and expand the time of the hearings to permit ample opportunity for the public to address the issues pertaining to the increased number of proposals which are the subject of the hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-04 - Rule Providing For Sign, Kiosk Or Monument Placement At Turnpike Travel Plazas, Rest Areas, Welcome Center And Tamarack › Section 184-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Introduction and Scope. -- The West Virginia Parkways Authority ("Parkways Authority") must comply with all U.S. Department of Transportation Federal Highway Administration rules and regulations regarding the placement of signs on the Turnpike and the controlled access right of way in accordance with the Manual on Uniform Traffic Control Devises (MUTCD). As is the case with the West Virginia Division of Highways, the Parkways Authority has the latitude of allowing signage and monuments to be placed within the confines of the Turnpike's travel plazas, rest areas, Tamarack and welcome center. The Authority currently operates: three full service Travel Plazas located at Morton (milepost 72 northbound), Beckley (exit 45 north and southbound), Bluestone (milepost 18 northbound); a West Virginia Welcome Center (Exit 9 north and southbound); and Rest Areas at Milepost 69 southbound (full service) and at Milepost 19; and the Tamarack facility located at Exit 45.
1.2. Authority. -- W. Va. Code §§
									17-16A-6; 13; 29A-3-3.
1.3. Filing Date. -- July 12, 2010.
1.4. Effective Date. -- August 11, 2010.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-04 - Rule Providing For Sign, Kiosk Or Monument Placement At Turnpike Travel Plazas, Rest Areas, Welcome Center And Tamarack › Section 184-4-3 - Placement and Design

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Selection of the site for a sign, kiosk or monument will be the sole responsibility of the Parkways Authority. Ideally, these markers should be located in an area where they are readily visible to patrons; however, they will not be placed in an area where motorists would have to pull over for viewing as this could be dangerous and obstructive. Placing these signs in an area where traffic is flowing could create a visual distraction for drivers. Recognition of the signs should not distract the driver and should be simple and devoid of flashing or moving features.
3.2. The Parkways Authority reserves the right to reject any and all requests if they do not meet the criteria set forth above. The sponsoring organization must submit their design, types of materials to be used, size, color schemes, and other details for approval by the Authority. No revisions can be made to the approved plans without written approval by the Authority. No parties shall be allowed to enter the travel plazas, rest areas, welcome center or other properties to construct, rehabilitate or remove the signs, kiosks or monuments without the express written permission of the Parkways Authority obtained in advance. The Parkways Authority reserves the right to remove and/or relocate any sign, kiosk or monument if the property is needed for any purpose or its presence is a hindrance to construction, maintenance, rehabilitation, or any other Parkways purpose. The sponsoring organization will be notified in the event the sign, kiosk or monument has to be removed and/or relocated. Otherwise, there is no set limit of time that the sign, kiosk or monument may remain at the travel plaza, rest area or welcome center once permission has been granted to allow it to be placed. No more than two (2) requests per year may be approved for each of the locations previously identified in the Introduction
.
3.3. The Parkways Authority will not provide the funds, the labor or the materials for the construction of any sign, kiosk or monument. Cost of fabrication and placement will be the sole responsibility of the organization making the request to the Authority. Additionally, continued maintenance or replacement of the signs, kiosks or monuments will be the responsibility of the requesting party and they must be kept in good condition. The organization making the request shall be responsible for providing a periodic maintenance inspection plan. The Authority's Maintenance Department will monitor the condition of the sign, kiosk or monument and notify the sponsoring organization of any concerns regarding condition and required maintenance.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-04 - Rule Providing For Sign, Kiosk Or Monument Placement At Turnpike Travel Plazas, Rest Areas, Welcome Center And Tamarack › Section 184-4-4 - Selection

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The final selection of successful applicants will be made by the Authority in its sole discretion. As applicants are approved, a list will be developed and all approved sites will be monitored by the Authority for continuing compliance with the provisions of this rule.
The Authority reserves the right to suspend or discontinue accepting applications under this rule as it deems appropriate.
Contact Information
Requests should be submitted to:
Gregory C. Barr
General Manager
WV Parkways Authority
P. O. Box 1469
Charleston, WV 25325
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These hearing rules shall be followed when the Authority determines that it has reached the stage in the development of any project at which a public hearing is required. These procedural rules address and implement procedures regarding the form and content of hearing notices required by Section 13(b), Article 16A, Chapter 17 of the West Virginia Code; implement and provide for the presentation of information and the conduct of such hearings; provide for oral and written presentation and comments; provide for the consolidation of multiple hearings where appropriate.
1.2. Authority. -- W.Va. Code '17-16A-13(b); '29A-3-3
1.3. Filing Date. -- February 22, 1990.
1.4. Effective Date. -- March 24, 1990.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-2 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. When a public hearing is scheduled, notice in the form of a legal advertisement will be published at least once in a newspaper having general circulation in the vicinity of the proposed project pursuant to the provisions of West Virginia Code '59-3-2 and '17-16A-13(b). Each notice shall specify the date, time and place of the hearing and will contain a description of the project.
2.2. The notice shall further indicate that social, economic and other appropriate effects of the project will be discussed at the hearing. To promote public understanding, a map or drawing may be included where possible.
2.3. The notice will specify where maps; drawings; and studies, if any, are available for inspection and copying. The notice will specify what material will be available at the public hearing for public viewing. Locations where material will be placed will include the offices of the Authority, and should the project be in a location in excess of ten miles from these offices, information may be made available at the office of the clerk of the county commission in the various counties, or mayor's offices or public libraries.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-3 - Time of Notice Publication

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Authority in preparation of the hearing notice form should assume that a minimum period of 10 working days will pass before the notice of a hearing will appear in the newspapers after submission for publication.
3.2. The notice required by West Virginia Code '17-16A-13(b) shall appear in the newspaper at least 20 days prior to the hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-4 - Environmental Statement Notices

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. When a draft environmental impact statement is submitted to the public and agencies for comment as a part of the hearing process, the cutoff date for comment will be 45 days after the first notice appears in the newspapers. The notice shall advise the cutoff date and where the document is available for public inspection. When a draft negative declaration is part of the hearing process, the cutoff date will be 30 days after the notice is published in the newspapers.
4.2. When a draft environmental impact statement is not concurrent with the public hearing process, the notice shall state where the draft is available, how copies may be obtained and where comments will be received. The notice will also contain the last date comments will be received. The cutoff date will be at least 60 days after the first publication of the notice. Comment time for a draft negative declaration not concurrent with the public hearing process is 30 days after date of first publication.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-5 - Other Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No notice shall be required, in addition to the formal newspaper legal advertisement, mandated by the statute.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-6 - Transmittal Letter

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The authority will prepare a transmittal letter forwarding material to those persons and agencies on the mailing list. The transmittal letter will include the date, time and place of the public hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-7 - Mailing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Mailing will be accomplished based upon a mailing list developed by the Authority. A list of state and federal agencies will be incorporated into all mailing lists. The Authority will add the names of those citizens and organizations who have requested placement on a specific mailing list.
7.2. Mailing shall include, but not be limited to, and copy of the notice, a copy of a transmittal letter, the hearing handout and a copy of any applicable environmental statement or negative declaration. The mailing will be accomplished to allow the material to arrive at its destination prior to publication of the notice in the newspaper. Material will be mailed to the locations for public viewing in enough time to arrive prior to the first publication of the notice.
7.3. Mailing shall be by first class mail unless otherwise specified.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-8 - Location

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Location of the hearing will be selected by the Authority. Consideration will be given to the accessibility of the location to the people affected by the project to be discussed. The number of people expected to attend the hearing will also be considered. Only buildings with public access will be used.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-9 - Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Authority will furnish all sound equipment, comment sheets and supplies necessary to erect exhibits and prepare the room for the hearing.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-10 - Time

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All hearings will be held at a time convenient for persons affected by the proposed project.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-12 - Transcript

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Authority will develop a verbatim transcript of the proceedings of each public hearing. After the transcript has been prepared, the original will be retained in the file. All copies will be forwarded to the Authority for certification and transmittal to the Federal Highway Administration, should the project be federally funded. Copies of the transcript and appendices will be available for public information.
West Virginia Code of State Rules › Agency 184 - Parkways Authority › Title 184 - PROCEDURAL RULE PARKWAYS ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY › Series 184-08 - Hearing Procedure Rules › Section 184-8-13 - Alternate Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In the event the project is federally funded, the hearing procedure of the Department of Transportation will be followed to the extent that the same is not in conflict with these regulations.
13.2. In the event the Department of Transportation is involved in any project to which this hearing procedure is applicable, compliance with the regulations of the department as to such hearing, to avoid duplication of effort, shall be deemed compliance with these regulations.
13.3. The Authority may consolidate into a single hearing the hearings required for each of several project which relate to areas in the same locale, but shall, make ample provision for a hearing site large enough to accommodate consolidated hearing and expand the time of the hearings to permit ample opportunity for the public to address the issues pertaining to the increased number of projects which are the subject of the hearing.