reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may submit proposed findings
				of fact and conclusions of law at a time and manner designated by the
				Board.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-6 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				At any time prior to the hearing or thereafter, the Board, its designee may
				hold conferences for the following purposes:
6.1.1. To dispose of procedural requests,
				prehearing motions or similar matters;
6.1.2. To simplify or settle issues by
				consent of the parties; or,
6.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-7 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Evidentiary depositions may be taken and
				read or otherwise included into evidence as in civil actions in the circuit
				courts of this state.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-8 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Subpoenas to compel the attendance of
				witnesses and subpoenas duces tecum to compel the production of documents may
				be issued by any member of the Board.
Such subpoenas shall be issued
				  pursuant to W. Va. Code '29A-5-1(b).
8.2. Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum as provided in subsection 8.1 of
				this section must be received by the Board no later than ten (10) days before a
				scheduled hearing. Any party requesting the issuance of subpoenas duces tecum
				shall see that they are properly served in accordance with W. Va. Code
				'29A-5-1(b)
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-9 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any final order entered by the Board
				following a hearing conducted pursuant to these rules shall be made pursuant to
				the provisions of W. Va. Code ''29A-5-3 and 30-1-8(d). Such orders shall be
				entered within forty-five (45) days following the submission of all documents
				and materials necessary for the proper disposition of the case, including
				transcripts, and shall contain findings of fact and conclusions of
				law.
9.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a poll
				or vote at a regular meeting, before a final order is entered. A copy of the
				final order approved by a majority of the Board shall be served upon the
				demanding or charged party and/or his or her attorney of record, if any, within
				ten (10) days after entry by the Board by personal service or by registered or
				certified mail.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-10 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An appeal from any final order entered
				in accordance with these rules shall comply with the provisions of W. Va. Code
				''30-1-9 and 29A-6-1 et seq.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-03 - Disciplinary And Complaint Procedures For Foresters › Section 200-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies a
				procedure for the investigation and resolution of complaints against foresters
				and forestry technicians.
1.2.
				Authority. -- W. Va. Code ''30-19-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- December 13,
				2000.
1.4. Effective Date. --
				January 15, 2001.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-03 - Disciplinary And Complaint Procedures For Foresters › Section 200-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed foresters and forestry technicians.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-03 - Disciplinary And Complaint Procedures For Foresters › Section 200-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:
3.1. "Applicant" means any person making
				application for an original or renewal license pursuant to W. Va. Code '30-19-1
				et seq.
3.2. "Board" means the West
				Virginia Board of Registration for Foresters.
3.3. "License" means a license issued by the
				Board pursuant to W. Va. Code '30-19-1 et seq.
3.4. "Forester and forestry technician" means
				a person who practices forestry.
3.5. "Ethics investigator" means a person
				licensed to practice forestry in this state, and who is hired by the Board for
				the purpose of reviewing complaints against foresters and forestry
				technicians.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-03 - Disciplinary And Complaint Procedures For Foresters › Section 200-3-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Foresters and Forestry Technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code '30-19-1 et seq. or the rules of the Board.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-03 - Disciplinary And Complaint Procedures For Foresters › Section 200-3-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person,
				firm, corporation, member of the Board, or public officer may make a complaint
				to the Board which charges a forester, forestry technician or applicant with a
				violation of W. Va. Code '30-19-1 et seq. or of the rules of the Board. The
				Board may provide a form for that purpose, but a complaint may be filed in any
				written form. In addition to describing the alleged violation which prompted
				the complaint, the complaint should contain the following:
5.1.1. The name and address of the forester,
				forestry technician against whom the complaint is lodged;
5.1.2. The date of the violation;
				and
5.1.3. The name of any person
				who may verify the alleged incident.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-03 - Disciplinary And Complaint Procedures For Foresters › Section 200-3-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board
				may refuse to renew a license or suspend a license if it determines there is
				probable cause to believe that a forester or forestry technician's conduct,
				practices or acts constitute an immediate danger to the public.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-03 - Disciplinary And Complaint Procedures For Foresters › Section 200-3-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any applicant who has had his or her
				application for a license denied by order of the Board may appeal the order
				within thirty (30) days of that action in accordance with the contested case
				hearing procedures set forth in W. Va. Code '29A-6-1 et seq. and the rules of
				the Board: Provided, that the appeal shall not include cases in which the Board
				denies a license after an examination to test the knowledge or the ability of
				the applicant and the controversy concerns whether the examination was fair or
				whether the applicant passed the examination.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-04 - Schedule Of Fees › Section 200-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the various fees that are to be submitted to the State Board of
				Registration of Foresters.
1.2.
				Authority. -- W. Va. Code §
									30-19-6.
1.3. Filing Date. -- April 20,
				2012.
1.4. Effective Date. -- April
				20, 2012.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-04 - Schedule Of Fees › Section 200-4-2 - Schedule of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Examination
				fee to be certified as a registered forester: $100.00.
2.2. Application fee to be certified as a
				registered forester or forestry technician: $50.00.
2.3. Annual certification renewal fee:
				$35.00.
2.4. Late renewal fee:
				$10.00.
Plus a $10.00 late fee for each 12 months late not to exceed
				$50.00.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-05 - Code Of Ethics › Section 200-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the registered foresters and forestry technicians Code of
				Ethics.
1.2. Authority. -- W. Va.
				Code §
									30-19-2.
1.3. Filing
				Date. -- April 20, 2012.
1.4.
				Effective Date. -- April 20, 2012.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-01 - Courthouse Facilities Improvement Authority › Section 203-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and Purpose. -- This rule
				establishes uniform guidelines for use by the West Virginia Courthouse
				Facilities Improvement Authority in evaluating any request by a county for
				funding assistance for the modification of an existing courthouse facility or
				the construction of a new courthouse facility.
1.2. Authority. -- W. Va. Code
				§
									29-26-3(a).
1.3. Filing Date.
				-- April 16, 2012.
1.4. Effective
				Date. -- April 16, 2012.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-01 - Courthouse Facilities Improvement Authority › Section 203-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Fund" means the West Virginia
				Courthouse facilities improvement fund established in accordance with W. Va.
				Code §
									29-26-6.
2.2. "Project"
				means any courthouse facilities modification or construction project, or any
				combination thereof, proposed by any county applicant.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-01 - Courthouse Facilities Improvement Authority › Section 203-1-3 - Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Project Review. Prior to receiving any
				loan, loan guarantee, grant or other funding assistance for the modification or
				construction of a courthouse facility, the county applicant must submit a
				completed application on the Authority's form and must receive the Authority's
				approval.
3.2. Application Filing.
				A county applicant may file a completed application with the Authority on the
				form prepared and provided by the Authority at least annually or at other times
				as determined by the board. A county must submit separate applications for each
				request or alternate versions of a similar request.
3.3. Application Review. Within ninety days
				of receipt of a complete application from a county applicant the Authority
				shall review the application and determine whether to recommend funding
				assistance or to deny funding assistance.
3.4. Approval. If the Authority determines
				that the proposed modification or construction of a courthouse facility is
				eligible for funding assistance from the Authority, and that the proposed
				modification or construction of a courthouse facility is otherwise an
				appropriate or prudent investment of state funds, the Authority shall make a
				written recommendation as to the modification or construction financing, in
				terms of the kind, amount and source of funding, for which the county applicant
				is eligible, including funding from the fund.
3.5. Funding. The Authority may provide that
				if the recommended funding sources have not or cannot dedicate funding for the
				proposed modification or construction of a courthouse facility, that the county
				applicant shall submit a supplement to the Authority for consideration of
				alternate funding from another funding source or the fund.
3.6. Denial. If the Authority determines that
				the proposed modification or construction of a courthouse facility is not
				eligible for funding assistance from the Authority, or that the proposed
				modification or construction of a courthouse facility is not otherwise an
				appropriate or prudent investment of state funds, the Authority shall state the
				reasoning for its findings in a written rejection of the county applicant's
				application.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for providing notice to the public and the news media of all
				regularly-scheduled, special and emergency meetings of the West Virginia
				Courthouse Facilities Improvement Authority.
1.2. Authority. -- W. Va. Code §
									6-9A-3.
1.3. Filing Date. --
				September 5, 2002.
1.4. Effective
				Date. -- October 6, 2002.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.2. "Authority" means the West Virginia
				Courthouse Facilities Improvement Authority.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-3 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Regularly Scheduled Meetings -- The
				Authority shall cause notice of its regularly scheduled meetings to be filed
				with the office of the Secretary of State for the State of West Virginia for
				publication in the State Register in a manner to allow each notice to appear in
				said publication at least five days prior to the date of the meeting. Notice
				provided under this section shall include the date, time, place and agenda of
				the meeting.
3.2. Special Meetings
				-- The Authority shall cause notice of its special meetings to be filed with
				the office of the Secretary of State for the State of West Virginia for
				publication in the State Register in a manner to allow each notice to appear in
				said publication at least five days prior to the date of the meeting. Notice
				provided under this section shall include the date, time, place and purpose of
				the meeting.
3.3. Emergency
				Meetings -- The Authority, may file notice of its emergency meetings requiring
				immediate official action with the office of the Secretary of State for the
				State of West Virginia for publication in the State Register at any time prior
				to such meeting. Notice provided under this section shall include the date,
				time, place and purpose of the meeting and the facts and circumstances of the
				emergency.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-4 - Continued Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For
				purposes of this rule, the announcement of continuation at a meeting otherwise
				noticed hereunder shall be deemed reasonable notice of the reconvening of the
				continued meeting.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-5 - Additional Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Nothing in
				this rule shall prohibit the Authority from providing additional notice for any
				particular meeting which it deems desirable or necessary, including the
				practice of causing the notice to be provided to local newspapers, television
				stations, radio stations and other news media.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-6 - Amendments to Agenda

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If
				amendments to the agendas published in accordance with §
									203-2-3.1 should
				occur prior to the date of any regularly-scheduled meeting, the Authority shall
				provide immediate notice of such amendment by posting a copy of the amended
				agenda at a prominent place at the location where the meeting is to be
				held.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-7 - Telephone and Electronic Conferences

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Attendance -- Members of the Authority may participate in any
				regularly-scheduled, special or emergency meeting by telephone conference or
				other similar electronic means.
7.2. Participation -- At each meeting where a
				member participates by telephone or electronic means, the presiding officer of
				the Authority shall convene the meeting and advise the public of the identity
				of the member participating in said manner. The voice, comments and votes of
				said member shall be audible to all those personally present at the
				meeting.
7.3. Voting -- Members
				participating in a meeting of the Authority by telephone or electronic means
				may cast votes on any matter to be voted upon at the meeting;
provided,
that no member may cast his or her vote by facsimile
				transmission. Members of the board may participate in a meeting of the board by
				means of conference telephone or similar communication equipment by means of
				which all persons participating in the meeting can hear the others.
				Participation in a board meeting pursuant to this subsection constitutes
				presence in person at the meeting. Seven voting members of the board is a
				quorum. Action may not be taken by the board except upon the affirmative vote
				of at least a majority of those members present or participating by any other
				means as described in this section.
West Virginia Code of State Rules › Agency 203 - Courthouse Facilities Improvement Authority › Title 203 - LEGISLATIVE RULE WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY › Series 203-02 - Open Governmental Proceedings › Section 203-2-8 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If any word, phrase or provision of this
				rule is held to be invalid, the remainder of the rule shall, to the fullest
				extent possible, not be affected by that holding.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This series establishes rules for
				use of the Hatfield-McCoy Recreation Area and the adjacent public and private
				property that is included within the Hatfield-McCoy enforcement area. Unless
				otherwise specified, these rules apply to all areas within the Hatfield-MeCoy
				enforcement area, provided, that as to public streets, highways, and other
				public lands within the Hatfield-McCoy enforcement areas, these rules apply
				only to the extent they are consistent with other applicable state and federal
				law. This rule is necessary to provide for public health, safety and welfare;
				to protect the property within the Hatfield-McCoy Regional Recreational Area;
				and to assure the recreational area guests of a safe, beneficial and enjoyable
				experience.
1.2. Authority. W. Va.
				Code §
									20-14-1 et. seq.
1.3.
				Filing Date. June 6, 2013.
1.4.
				Effective Date. July 8, 2013.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-3 - General Rules Governing Public Use of the Hatfield-McCoy Recreation Area

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Facilities of the Hatfield-McCoy
				Recreation Area are open only to users who are in compliance with the rules set
				forth in this series and with the instructions of all traffic-control
				devices.
3.2. Subject to
				restrictions of particular trail widths as designated by traffic-control
				devices, trails are open to the following: Pedestrians, ATVs, UTVs, ORVs,
				motorcycles, bicycles, ridden trail animals, snowmobiles and other vehicles
				that are capable of off-highway operation on trails: provided, that the driver
				of such other vehicle has been issued a special utilization license by the
				Authority. The Executive Director shall have the authority to limit the size
				and power of any vehicle on any or all of the trails within the Hatfield McCoy
				Recreation Area.
3.3. It is
				unlawful and a violation for any person to enter or remain upon any trail with
				a type of vehicle or trail usage that is not specifically permitted by this
				section or without a special utilization license issued by the
				Authority.
3.4. Where a particular
				trail, segment of trail, or area is designated by traffic-control devices as
				closed to one or more classes of use, it is unlawful and a violation for any
				person to enter or remain on that trail, trail segment, or area in violation of
				those restrictions.
3.5. All
				traffic laws, traffic-control devices, and directions shall be strictly
				observed.
3.6. No person may
				operate an ATV, UTV, snowmobile, unlicensed ORV, or unlicensed motorcycle on
				any road or highway with a center line or more than two lanes within the
				Hatfield-McCoy enforcement area except for the purpose of crossing the road or
				highway at an angle of approximately ninety degrees to the direction of the
				highway and at a place where no obstruction prevents a quick and safe crossing
				or as otherwise permitted by any state statute or local ordinance. An ATV, UTV,
				snowmobile, ORV, or motorcycle operator is permitted to cross the road or
				highway if:
3.6.a. The vehicle is brought to a
				complete stop before crossing the shoulder or main traveled way of the
				highway;
3.6.b. The operator yields
				his or her right-of-way to all oncoming traffic that constitutes an immediate
				potential hazard; and
3.6.c. Both
				the headlight and taillight are illuminated when the crossing is made if the
				vehicle is so equipped.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-4 - Drivers and passengers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person
				shall drive an ATV, UTV, snowmobile or motorcycle unless that person meets the
				minimum age recommendation specified by the manufacturer for the vehicle that
				is being driven.
4.2. No person
				shall drive an ORV unless that person is at least sixteen years of age and
				holds a currently valid driver's license issued by his or her state of
				residence. The operator of any ORV shall have the license in his or her
				possession at all times and shall display it at the request of any ranger or
				other law enforcement officer.
4.3.
				The operator of any licensed ORV or motorcycle shall have the motor vehicle
				registration certificate and certificate of insurance in his or her possession
				at all times and shall display them at the request of any ranger or other law
				enforcement officer.
4.4. No person
				under the age of eighteen may operate an ATV, UTV, ORV, snowmobile or
				motorcycle without a written statement, signed by the minor's parent or
				guardian certifying that:
4.4.a. Any ATV, UTV,
				ORV, snowmobile or motorcycle operated by the minor will be of a model that is
				recommended by the manufacturer as appropriate to the minor's age and
				size;
4.4.b. All rules governing
				the use of the Area have been reviewed by the parent or guardian and explained
				to the minor in sufficient detail to enable the minor to abide by the rules;
				and
4.4.c. Any minor under the age
				of sixteen will remain under the supervision of and within the sight of the
				parent or guardian at all times.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-5 - Equipment Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person
				shall operate any vehicle or ride a trail animal that does not comply in all
				respects with the equipment and special restrictions set out in this
				section.
5.2. When operated from
				sunset to sunrise or at other times when visibility is limited by conditions of
				darkness, every vehicle shall be equipped with at least one lighted white
				headlight directed toward the front of the vehicle, which shall be of
				sufficient intensity to reveal persons and vehicles at a distance of at least
				200 feet and at least one lighted red taillight or at least one red reflector
				which shall be clearly visible from the rear.
5.3. Every ATV, UTV, ORV, motorcycle, and
				snowmobile shall be equipped with a United States Forest Service qualified type
				spark arrester.
5.4. No person
				shall operate any ATV, UTV, ORV, or motorcycle or snowmobile after it has been
				determined that the vehicle emits noise in excess of 96dBA at 20 inches using
				the SAE J1287 (July 1998) test procedure until the vehicle's exhaust system has
				been repaired or modified and the vehicle has been retested to show compliance
				with the noise standard.
5.5. No
				owner or driver of an ATV, UTV, ORV, motorcycle, or snowmobile shall refuse to
				submit the vehicle to testing in accordance with the SAE J1287 test procedure
				at the request of any ranger or other law enforcement officer.
5.6. Every UTV shall be equipped with a
				manufacturer installed safety belt without modification for the driver and all
				passengers meeting, at a minimum, applicable federal motor vehicle
				standards.
5.7. Every ORV shall be
				equipped with safety belt(s), each with at least three points of restraint
				meeting, at a minimum, federal motor vehicle standards for the driver and all
				passengers.
5.8. A ranger or other
				law enforcement officer, having determined that a vehicle is not in compliance
				with this subsection, may permit the vehicle to be operated as necessary, by a
				direct route designated by the officer, to return the vehicle to its home base,
				its highway transport vehicle, or to a place where the vehicle can be repaired.
				The vehicle shall be operated only at low speed so as to minimize noise
				emission.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-6 - User Permits and Identification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All persons
				without a valid user permit or special utilization license issued by the
				Authority are prohibited from using any trail of the Hatfield-McCoy Recreation
				Area, provided, that the following persons are exempt from the provisions of
				this section:
6.1.a. A properly identified
				landowner or leaseholder while on the land that the person owns or leases for
				purposes related to the ownership or lease of the land and not for
				trails-related recreational purposes;
6.1.b. A properly identified officer,
				employee, or agent of a landowner or leaseholder, while on the land that is
				owned or leased by that person's company and while on that land in the scope
				and course of their office, employment, or agency and not for trails-related
				recreational purposes;
6.1.c. The
				driver of an authorized emergency vehicle, when responding to an emergency call
				or when in pursuit of an actual or suspected violator of the law, but only when
				the vehicle, while in motion, sounds an audible signal by bell or siren and,
				when the vehicle, if so equipped, displays a flashing light; and,
6.1.d. An employee, agent, or contractor of
				the Authority who is identified by clearly visible credentials, uniform, or by
				appropriate markings on the vehicle they are operating, when acting within the
				scope and course of their employment, agency, or contract only to the extent
				that the exemption is necessary to the work being done or has been specifically
				authorized by the Executive Director.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-7 - Revocation of User Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person
				charged with any violation that, upon conviction, requires revocation of the
				user permit shall immediately surrender any user permit in the person's
				possession to the ranger or other law enforcement officer. If the seized user
				permit is currently valid, the officer shall issue a temporary user permit to
				that person, in form specified by the Authority, which shall be valid until the
				court appearance date for the violation charged or until the expiration date of
				the seized permit, whichever is sooner.
7.2. Whenever a ranger or other law
				enforcement officer seizes the user permit of any person, the officer shall
				promptly forward the seized permit to the Authority along with a full statement
				of the facts relevant to the seizure.
7.3. The Authority shall immediately revoke
				for a period of one year the user permit of any person upon receiving notice of
				the conviction of the person for any of the following violations or crimes:
7.3.a. Unlawful use of a user
				permit;
7.3.b. Violation of W. Va.
				Code §
										17C-5-2 (driving while under the influence), where the offense
				arises out of the operation of a vehicle within the Hatfield-McCoy enforcement
				area;
7.3.c. Violation of W. Va.
				Code §§
										61-3B-2 or 61-3B-2 (criminal trespass), where the offense
				arises out of trespass within the Hatfield-McCoy enforcement area;
7.3.d. Refusal to submit to a preliminary or
				secondary test administered under authority of W. Va. Code §
										17C-5-4 and
				the related provisions of W. Va. Code §17C-5 when the refusal arises out
				of the operation of a vehicle within the Hatfield-McCoy enforcement
				area;
7.3.e. Violation of W. Va.
				Code §
										17C-5-3 (reckless driving), where the offense arises within the
				Hatfield-McCoy enforcement area;
7.3.f. Violation of W. Va. Code §
										61-5-17
				(obstructing officer, fleeing from officer, making false statement to officer),
				where the offense arises within the Hatfield-McCoy enforcement area;
7.3.g. Violation of W. Va. Code §
										17C-6-8
				(racing), where the offense arises within the Hatfield-McCoy enforcement area
				and it is reasonably foreseeable that a death or serious injury to any person
				could result from the unlawful conduct; and
7.3.h. Violation of W. Va. Code §
										17C-3-9
				(interference with official traffic-control devices), where the offense arises
				within the Hatfield-McCoy enforcement area and it is reasonably foreseeable
				that a death or serious injury to any person could result from the unlawful
				conduct.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-10 - Enforcement of Rules Governing Public Use of the Hatfield-McCoy Recreation Area

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Responsibility for enforcing the rules -- Rangers, the Executive Director or
				designee, shall enforce all of the provisions of this rule.
10.2. Criminal Violation of rules and
				penalties:
10.2.a. Any person violating any of
				the provisions of this rule is guilty of a misdemeanor, and, upon conviction
				thereof, shall be punished in accordance with W. Va. Code
				§
										20-14-8.
10.2.b. Every ranger
				or other law enforcement officer upon issuing a violation notice for a
				violation of any provision of this series of rules or for any other violation
				of state law that occurs within the Hatfield-McCoy enforcement area shall
				promptly deposit the original or a copy of the violation notice with a court
				having jurisdiction over the alleged violation.
10.2.c. Upon the deposit of the original or a
				copy of a criminal violation notice with a court having jurisdiction, the
				violation notice may be disposed of only by trial or other official action by a
				judge of the court, including by forfeiture of bail or collateral or payment of
				the fine and costs by the person who was cited for the violation.
West Virginia Code of State Rules › Agency 204 - Hatfield-McCoy Regional Recreation Authority › Title 204 - LEGISLATIVE RULE HATFIELD-MCCOY REGIONAL RECREATION AREA › Series 204-01 - Rules for Use of Facilities › Section 204-1-11 - Incorporation of Duties Imposed on Participants and Authorized Outfitters and Licensees by W. Va. Code Section 20-15-1, et seq., (ATV, UTV and Motorcycle Responsibility Act)

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All
				persons using the Hatfield-McCoy Recreation Area and the adjacent public and
				private property that is included within the Hatfield-McCoy enforcement area
				and all authorized outfitters and licensees shall comply with W. Va. Code
				§
									20-15-1, et seq., (ATV, UTV and Motorcycle Responsibility Act), which is
				incorporated herein by reference.
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes guidelines and procedures to be used by the Board of Trustees for
				the Outdoor Heritage Conservation Fund in the administration of its purposes
				and programs, including but not limited to: the distribution of funds from the
				Outdoor Heritage Conservation Fund through the competitive grant application
				process and, where permissible, other means; the issuance of West Virginia
				Economic Development Authority bonds; and the acquisition, acceptance, holding,
				and transfer of interests in real property for conservation purposes.
1.2. Authority. -- W. Va. Code
				§
									5B-2G-6(f).
1.3. Filing Date.
				-- April 29, 2010.
1.4. Effective
				Date. -- July 1, 2010.
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-4 - Availability of Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Applicants
				may apply for grants to acquire interests in real property for conservation
				purposes, including costs incidental to acquisition, such as survey and
				appraisal expenses. Applicants may apply for grants for stewardship of
				interests in real property for conservation purposes. Applicants may also apply
				for phased project grants.
4.2.
				Fund monies made available to the Division of Natural Resources for acquisition
				of real property for conservation purposes are subject to the approval of the
				Board.
4.3. The Board shall
				announce its intention to award grants and the dates by which applications for
				such grants must be received by providing public notice in the State Register
				for at least sixty days before the application deadline. The notice shall
				include, at a minimum, the application deadline, information on how applicants
				may obtain application forms, application requirements, and any limitations of
				grant amounts.
4.4. Grants
				allocated under this rule are dependent upon the availability of funds. In the
				event that those funds are reduced or otherwise diminished, the Board is
				authorized to adjust the amount of Grant Awards prior to execution of the Grant
				Agreement.
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-5 - Competitive Grant Applications and Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Board shall establish one or more competitive grant application cycles for
				each fiscal year. The Division of Natural Resources may submit requests for its
				allocation of Fund monies at any time.
5.2. The competitive grant application
				process shall commence with the submission of a grant Application, requirements
				of which shall be made publicly available not later than when the Board first
				issues public notice pursuant to section 4.3 of this rule.
5.3. The Application shall include, at a
				minimum, the following information:
5.3.a. The
				type of acquisition (e.g., fee simple, conservation easement, other) or
				stewardship;
5.3.b. Landowner's
				address and contact information;
5.3.c. Applicant's address, contact
				information and authorized agent;
5.3.d. General information about the
				property, including a legal description;
5.3.e. For grant Applicants seeking to
				acquire an interest in real property, information about the property supplied
				by the landowner to the Applicant, including ownership interests, liens,
				mortgages and encumbrances;
5.3.f.
				Information demonstrating how, if at all, the interest in real property
				satisfies the conservation criteria pursuant to W. Va. Code
				§
										5B-2G-9(d);
5.3.g.
				Information demonstrating how, if at all, the financial criteria pursuant to W.
				Va. Code §
										5B-2G-9 are satisfied;
5.3.h. A statement of intended stewardship
				activities;
5.3.i. A statement of
				expected restrictions and reserved rights for grants to acquire conservation
				easements; and
5.3.j. A statement
				of any conflicts of interest by the Applicant or the landowner.
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-6 - Review, Evaluation, and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Applications
				for grants shall first be reviewed to determine if they meet the application
				deadline, are complete, and conform to the appropriate rules and guidelines.
				Applications that meet these requirements shall be reviewed, evaluated, ranked,
				and prioritized based on the conservation and financial criteria contained in
				W. Va. Code §§
									5B-2G-9(d) and (e) and additional information as
				outlined elsewhere in this rule.
6.2. The system used to rank Applications,
				and any amendments to that system, shall be approved by the Board.
6.3. The Board reserves the right to deny or
				to defer consideration of any Application on the basis of an incomplete
				Application or an Application that fails to conform to the appropriate rules
				and guidelines. The Board further reserves the right to reject the amount of
				funding sought; direct an Applicant to seek funding from alternative funding
				sources; request that the Applicant revise an application to a lower or higher
				level of funding; and to award more or less than the full amount requested in
				the Application.
6.4. The Board may
				consider grant Applications for interests in real property that encompass an
				area in West Virginia and a contiguous area in another state, but may award a
				grant only for project costs attributable to interests in real property located
				in West Virginia.
6.5. Pursuant to
				W. Va. Code §
									12-4-14, the Board shall take reasonable actions to verify
				that the Applicant is not barred from receiving state grants.
6.6. The Board may authorize advisory
				committees or the Fund staff to assist the Board in evaluating and prioritizing
				grant Applications. However, the Board shall make all Grant Award
				decisions.
6.7. The Board shall
				notify Applicants of the approval, denial, or modification to their Application
				within thirty days of Board action.
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-8 - Stewardship Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Grant recipients shall submit annual reports for a period to be determined by
				the Board after the date of the acquisition of interests in real property or
				the date of the Grant Agreement for stewardship Grant Awards. The report shall
				include, but not be limited to, details of the grant recipient's stewardship
				activities.
8.2. Failure to comply
				with these stewardship requirements may disqualify grant recipients from
				receiving future grant funding.
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-9 - Audit and Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board
				reserves the right to review and/or audit the records of a grant recipient
				and/or of any partner to an Application. Records subject to a review or audit
				include stewardship records, financial statements, and supporting records that
				relate to the Grant Award and Agreement, and the project funded by the Grant
				Award. Records, including financial statements and supporting records, must be
				retained by the grant recipient and/or by any partner to the Application
				pursuant to state and federal requirements. Stewardship records must also be
				maintained by the grant recipient and/or by any partner to the Application for
				a period to be determined by the Board.
9.2. The Board may terminate any Grant
				Agreement or disqualify a grant recipient from receiving future grant funding
				upon discovery of any violation of the terms of the Grant Agreement, these
				rules, or state or federal law by the grant recipient or by any partner to the
				grant Application.
9.3. The Board
				may transfer title of the interest in real property where it determines that a
				grant recipient is dissolved or ceases to exist as an entity or if the
				interests in real property are not being utilized strictly for conservation
				purposes. Such determination must be made by the Board after providing the
				grant recipient notice and opportunity for hearing before the Board.
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-10 - Fund Acquisition, Acceptance, Holding and Transfer of Real Property Interests

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board
				may, on behalf of the Fund, purchase, acquire, accept, hold and/or transfer
				interests in real property for conservation purposes. The Board may, on behalf
				of the Fund, accept and transfer interests in real property donated to benefit
				the Fund but not donated for conservation purposes, as long as the proceeds
				from such a transfer are used to support the purposes and programs of the
				Fund.
10.2. The Fund, through the
				Board, may co-sign conservation easement agreements with other public agencies
				and private organizations.
10.3. To
				achieve conservation purposes, the Board may, on behalf of the Fund, transfer
				interests in land to an Eligible Grant Recipient.