reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-15 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order or ruling entered in
				  accordance with these regulations shall be in accordance with the provisions of
				  W. Va. Code '29A-5-4.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-47 - Administrative Hearings for Notaries Public › Section 153-47-16 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of these rules or the application thereof to
				  any person or circumstance shall be held invalid, such invalidity thereof shall
				  not affect the provision or application of these regulations which can be given
				  effect without the invalid provision or application and to this end the
				  provisions of these regulations are declared to be severable.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule promulgated by the Real Property Electronic Standards Advisory Committee
				establishes real property electronic recording standards and practices for West
				Virginia county clerks that are harmonious with the standards and practices of
				recording offices in other jurisdictions that substantially enact the Uniform
				Real Property Electronic Recording Act, and to keep the technology used by West
				Virginia county clerks compatible with technology used by recording offices in
				other jurisdictions that substantially enact this Act.
1.2. Authority. -- W. Va. Code §
				39A-4-4.
1.3. Filing Date. -- May
				11, 2022.
1.4. Effective Date. --
				May 11, 2022.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2027.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-3 - Electronic Document Data Fields, Format, and Transmission

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Electronic document recording shall meet
				the technical standards for electronic document data fields and formats as
				prescribed by the Property Records Industry Association (PRIA) in the PRIA
				eRecording XML standard Version 2.4. This includes:
3.1.1. PRIA Request Version 2.4.2, August
				2007;
3.1.2. PRIA Response Version
				2.4.2, August 2007;
3.1.3. Document
				Version 2.4.1, October 2007; and
3.1.4. Notary Version 2.4.1, October
				2007.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-4 - Electronic Notarization and Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Documents certified using electronic
				means shall conform to all applicable provisions of the West Virginia Code and
				standards established by the Secretary of State including but not limited to
				those set forth in W. Va. Code §§ 39-4-37 or 39-4-38 (last amended
				Regular Session 2021, eff. June 17, 2021).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-5 - Electronic Recording Processing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A Participating Clerk shall provide
				notice of confirmation or rejection of an electronic recording to the Submitter
				through the locally adopted Electronic Document Delivery System.
5.1.1. A notice of confirmation shall include
				recording information for the electronic document accepted for recording, and
				shall identify that the electronic document is accepted for
				recording.
5.1.2. A notice of
				rejection shall include a brief explanation of the reason or reasons for
				rejection, and shall identify that the electronic document is rejected for
				recording.
5.1.3. If a
				Participating Clerk complies with the notice requirements, failure of a
				Submitter to receive actual notice of confirmation or rejection of a recording
				shall not affect the validity of the confirmation or rejection.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-6 - Security Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Participating Clerks, Delivery Agents, and Land Records Management System
				Vendors shall implement and maintain procedures to ensure the security of the
				electronic delivery system and for recording and maintaining electronic
				documents within the Participating Clerk's records.
6.2. Participating Clerks shall provide a
				secure method for accepting electronic documents through the Electronic
				Document Delivery System and for recording and maintaining electronic documents
				within the Participating Clerk's records.
6.3. The Electronic Document Delivery Systems
				shall protect against system and security failures, provide data back-ups,
				disaster recovery, and audit trail mechanisms. Delivery Agents shall provide
				audit trail information to Participating Clerks upon request.
6.4. The Electronic Document Delivery Systems
				shall not permit any unauthorized party to modify, manipulate, insert, or
				delete information in electronic documents or in the public record maintained
				by the Participating Clerk without detection.
6.5. If a breach in security is detected by
				the Participating Clerk, Delivery Agent, or Submitter, the party discovering
				the breach shall notify the other parties immediately. All parties shall work
				cooperatively and immediately to take remedial action, resolve the issues, and
				identify and rectify the vulnerability causing the breach.
6.6. A Delivery Agent shall implement and
				maintain security procedures for all electronic transmissions to a
				Participating Clerk through the Electronic Document Delivery System and shall
				be responsible for maintaining the security of the Electronic Document Delivery
				System within the office of such Delivery Agent.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-7 - Record Retention, Preservation, and Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Real property records recorded and
				indexed shall be maintained in accordance with all applicable provisions of the
				West Virginia Code and agency regulations, including but not limited to those
				set forth by the West Virginia Records Management and Preservation
				Board.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-48 - Real Property Electronic Recording Standards and Regulations › Section 153-48-8 - Agreements and Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Delivery Agent and the Participating Clerk shall enter into an agreement
				specifying the requirements for Electronic Document recording with the county.
				At a minimum, the agreement shall include the following items:
8.1.1. Accepted Electronic Document
				types;
8.1.2. Defined technical
				specifications for data formats, document formats, electronic transmissions,
				and security;
8.1.3. If used by the
				Participating Clerk, indexing fields required for each Electronic
				Document;
8.1.4. Electronic
				signature and notarization requirements;
8.1.5. Payment options for recording fees and
				applicable taxes;
8.1.6. Hours
				during which Electronic Documents will be accepted and processing schedules
				that affect order of acceptance;
8.1.7. Electronic Document acceptance and
				rejection requirements and procedures;
8.1.8. Terms defining the responsibility of
				the Delivery Agent to review the qualifications of each potential Submitter and
				to approve the potential Submitter prior to granting access to the Electronic
				Document Delivery Systems;
8.1.9.
				Terms defining the responsibility of the Delivery Agent to enter into an
				agreement with each approved Submitter, in which the Submitter agrees to submit
				Electronic Documents for recording in accordance with all applicable State
				statutes and rules and to maintain the security of the systems; and
8.1.10 Any other procedures or requirements
				deemed necessary by the Participating Clerk to fully implement the provisions
				of the applicable statutes and this rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-50 - Schedule of Fees › Section 153-50-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -This
				schedule establishes the fee to be charged by the Secretary of State for an
				application for commission as a notary public.
1.2 Authority. -W. V. Code §§
				39-4-20(a) and 39-4-25(a) (7).
1.3
				Filing Date - April 30, 2015
1.4
				Effective Date -April 30, 2015
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-50 - Schedule of Fees › Section 153-50-2 - Schedule of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application Fee
				............................................................................................................
				$52.00
2.2. Fees shall be payable
				to the West Virginia Secretary of State by check, money order, major credit
				card, or certified check.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-51 - Procedure for Notice to Candidate for Failure to Timely File Primary Campaign Finance Statements › Section 153-51-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- To
				make uniform the implementation of W. Va. Code '3-8-7(c)(1)
				requiring notice to candidate who has not filed any required primary campaign
				finance statement before disqualifying candidate from general
				election.
1.2. Authority. -- W. Va.
				Code ''3-1A-6 and 3-8-7(e) 3-1-17
1.3. Filing Date. -- July 16, 2015.
1.4. Effective Date. - August 15,
				2015.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-51 - Procedure for Notice to Candidate for Failure to Timely File Primary Campaign Finance Statements › Section 153-51-2 - Time of Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Sixty (60)
				days after the primary election, the officer with which campaign finance
				statements required by Article 8, of Chapter 3 are filed will send notice to
				any candidate nominated in the primary, or nominated by executive committee or
				chair, who was a candidate in the immediately preceding primary and who has
				failed to file any statement required for that primary election.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-51 - Procedure for Notice to Candidate for Failure to Timely File Primary Campaign Finance Statements › Section 153-51-3 - Notice Required

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notice
				shall be sent by certified, return receipt, mail to the candidate and any
				treasurer at the address provided on the organization forms, certificate of
				announcement, or last received campaign finance statement.
3.2. The notice must:
3.2.1. Identify which report(s) is (are)
				missing;
3.2.2. Provide the date
				that the report was due;
3.2.3.
				Inform the candidate that the report(s) must be received by the filing officer
				by close of business on the eighty-fourth (84th) day
				before the general election or the candidate will be disqualified and not
				placed on the general ballot; and
3.2.4. Inform the candidate of the business
				hours and days of the filing officer.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-52 - Freedom of Information Act Database › Section 153-52-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the creation and maintenance of a publicly accessible database for
				the reporting by public bodies of Freedom of Information Act request
				information, the forms and procedures for submission of the information, and
				other procedures and policies consistent with W.Va. State Code §
									29B-1-3a.
1.2. Authority. -- W. Va. Code §
									29B-1-3a(b).
1.3. Filing Date. -- June 22, 2016.
1.4. Effective Date. -- July 1,
				2016.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-52 - Freedom of Information Act Database › Section 153-52-2 - Creation and Maintenance of Database

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.The Secretary of State shall maintain a
				database, accessible via the internet for the purposes of reporting and
				displaying information about requests made to public bodies under the
				provisions of W.Va. State Code §
									29B-1-1,
et seq
.
2.2. A
				public body must enter the required information into the database by the tenth
				day of the month following completion of the request. For example, any request
				completed in April must be entered into the database by the following May
				10.
2.3.Data relating to a request
				will be accessible on the website to the public for a period of five (5)
				years.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-52 - Freedom of Information Act Database › Section 153-52-3 - Procedures for Submission of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Information must be entered into the
				database through a web-based portal.
3.2. The Secretary of State may not accept
				information to be entered into the database in any other
				manner;
Provided
, that tangible copies of data may be accepted
				if the database is inaccessible and the inaccessibility will cause the public
				body to violate the deadline for submission in subsection 2.2 of this rule.
3.3 Prior to entering any
				information into the database, a public body must designate, on a form provided
				by the Secretary of State, the name(s) of any individual(s) authorized to enter
				information on behalf of the public body.
3.3.a. If an individual authorized to enter
				information into the database on behalf of a public body is no longer
				authorized to do so, the public body shall notify the Secretary of State within
				five (5) business days.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-54 - Administrative Procedures for the Nonpublic Funding for Election Administration Fund › Section 153-54-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Rule establishes administration procedures and eligibility of West Virginia
				counties, public bodies and officials listed in Section 3 of this rule, to
				apply and receive funding for election administration and related expenses from
				nonpublic funding sources, payable from the Nonpublic Funding for Election
				Administration Fund created by W. Va. Code §
									3-1A-9.
1.2. Authority. -- W. Va. Code §§
									3-1A-9(e) and
				3-1A-9(f).
1.3. Filing Date. -- April 24,
				2023.
1.4. Effective Date. -- April
				24, 2023.
1.5. Sunset Provision. --
				This Rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-54 - Administrative Procedures for the Nonpublic Funding for Election Administration Fund › Section 153-54-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "Fund" means
				the Nonpublic Funding for Election Administration Fund created by W. Va. Code
				§
									3-1A-9.
2.2. "Funding" means any monetary gift,
				grant, contribution, donation, or other thing of value that is expressly or
				impliedly made for the purpose of supporting election administration and
				related expenses. Funding does not include gifts of nominal value made in
				compliance with the West Virginia Ethics Act, W. Va. Code §
									6B-1-1
et seq
.,
				related to election administration including but not limited to election
				calendars, instructional posters or handouts, discounts or complimentary gifts
				from a vendor, and election support services or backup equipment from a vendor
				under a current contract.
2.3.
				"Nonpublic funding source" means any private individual, corporation,
				partnership, trust, or third party.
2.4. "Other thing of value" means nonmonetary
				goods or services of greater than nominal value in accordance with the Ethics
				Commission rule at 158 CSR 7.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-54 - Administrative Procedures for the Nonpublic Funding for Election Administration Fund › Section 153-54-3 - Public Bodies or Official(s) Subject to this Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following public bodies or
				official(s), and their agents, responsible for overseeing, administering, or
				regulating an election held within the State of West Virginia are subject to
				this Rule:
3.1.1. The Secretary of
				State;
3.1.2. County
				commissions;
3.1.3. County
				clerks;
3.1.4. Municipal governing
				bodies;
3.1.5. Municipal clerks or
				recorders; and
3.1.6. Any other
				public bodies or officials responsible for overseeing, administering, or
				regulating an election held within the State of West Virginia.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-54 - Administrative Procedures for the Nonpublic Funding for Election Administration Fund › Section 153-54-4 - Application for Approval of Funding from the Nonpublic Funding for Election Administration Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any public
				body(ies) or official(s) seeking to receive funding from the Nonpublic Funding
				for Election Administration Fund for election administration or related
				expenses shall submit a written application on the form provided by the
				Secretary of State to the State Election Commission.
4.2. The application shall include the
				following information:
4.2.1. The name of the
				public body(ies) or official(s);
4.2.2. To the extent applicable, the name of
				the nonpublic funding source that gifted, granted, contributed, or donated any
				particular element of the funding requested by the requesting public body(ies)
				or official(s);
4.2.3. The amount
				and type of the funding requested;
4.2.4. A complete itemized list with
				descriptions of the proposed election administration or related expenses that
				will be paid for with the requested funding;
4.2.5. The date of the application;
4.2.6. The signatures of a majority of the
				requesting members of the public body(ies), the requesting official(s), or
				authorized agent;
4.2.7. Any
				supporting materials relevant to the application including cost quotes or
				estimates; and
4.2.8. Any other
				necessary information as determined by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-54 - Administrative Procedures for the Nonpublic Funding for Election Administration Fund › Section 153-54-5 - Application Review and Approval Process; Considerations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Within 30 days of the Secretary's
				receipt of an application for funding, the Secretary shall forward electronic
				copies of the application to the State Election Commission.
5.2. Within 30 days of the State Election
				Commission's receipt of the application, the State Election Commission shall
				schedule a public meeting to consider the application. Public notice of the
				meeting shall be made by the Secretary of State in accordance with the West
				Virginia Open Governmental Meetings Act, W. Va. Code §
									6-9A-1
et
				seq
.
5.3. At the public
				meeting, the public body(ies), official(s), or their representative(s), may
				appear in person, by phone, or virtually, to present the application to the
				State Election Commission and answer any questions.
5.4. The State Election Commission shall
				deliberate the application in accordance with the Open Governmental Meetings
				Act, W. Va. Code §
									6-9A-1
et seq
. For
				its deliberation, the State Election Commission may consider each applicant's
				circumstances and justification for requesting funding, including but not
				limited to the following factors:
5.4.1. The
				applicant's need;
5.4.2. The
				applicant's intended use of the funding;
5.4.3. Other available sources of funding;
				and
5.4.4. A pro rata share of
				available funding.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-54 - Administrative Procedures for the Nonpublic Funding for Election Administration Fund › Section 153-54-6 - Nonpublic Funding Donation Process; Revocation; Disclosures to Nonpublic Funding Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A gift,
				grant, contribution, or donation provided by a nonpublic funding source shall
				be deposited by the Secretary of State into the Fund, and shall be distributed
				by the State Election Commission in accordance with this rule under the
				authority set forth in W. Va. Code §
									3-1A-9.
6.2. A nonpublic funding source may suggest
				in writing that its gift, grant, contribution, or donation be issued to a
				specific recipient or purpose, which may be considered by the State Election
				Commission:
Provided
, That any such suggestion shall not be
				binding on the State Election Commission.
6.3. A nonpublic funding source may partially
				or fully revoke its gift, grant, contribution, or donation, at any time prior
				to the date scheduled for State Election Commission's deliberation. Any such
				revocation must be made in writing and received by the Secretary of State prior
				to the date of the State Election Commission's deliberation, or otherwise shall
				be invalid.
6.4. Upon making a
				gift, grant, contribution, or donation to the Fund, written notice and
				disclosures shall be provided by the Secretary of State to the nonpublic
				funding source via U.S. Mail, hand delivery, or electronic delivery including
				fax or email, which shall include the following disclosures and information:
6.4.1. Any suggested recipient(s) or
				purpose(s) for the funding are not binding on the State Election
				Commission;
6.4.2. Any revocation
				shall be made in writing and delivered to the Secretary of State via U.S. Mail,
				hand delivery, or electronic delivery including fax or email, prior to the date
				scheduled for State Election Commission's deliberation, or otherwise shall be
				invalid;
6.4.3. The State Election
				Commission's decision is full and final;
6.4.4. The date of the next scheduled State
				Election Commission public meeting if applicable, or the website address to the
				public notice database where the State Election Commission's meeting will be
				scheduled;
6.4.5. A copy of this
				rule or the website address to the specific Code of State Rules webpage for
				this rule; and
6.4.6. Any other
				information deemed necessary by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-54 - Administrative Procedures for the Nonpublic Funding for Election Administration Fund › Section 153-54-7 - Gifts of Nonmonetary Other Thing(s) of Value; Application, Review, and Approval Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any
				public body(ies) or official(s) subject to this rule may apply to the State
				Election Commission to accept gifts of nonmonetary other thing(s) of value from
				a nonpublic funding source. No nonmonetary other thing(s) of value shall be
				provide to or accepted by a public body or official unless it is approved by
				the State Election Commission as set forth in this Section.
7.2. The applicant shall submit a written
				application on the form provided by the Secretary of State to the State
				Election Commission.
7.3. The
				application shall include the following information:
7.3.1. The name of the public body(ies) or
				official(s);
7.3.2. To the extent
				applicable, the name of the nonpublic funding source;
7.3.3. A detailed description of the specific
				other thing(s) of value, including the fair market value of the gift;
7.3.4. An itemized list with descriptions of
				the proposed uses for the gift;
7.3.5. The date of the application;
7.3.6. The signatures of a majority of the
				requesting members of the members of the public body(ies), the requesting
				official(s), or authorized agent;
7.3.7. Any supporting materials relevant to
				the application; and
7.3.8. Any
				other necessary information as determined by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-55 - Minimum Standards For Election Administration, Infrastructure, And Security › Section 153-55-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Rule establishes minimum standards for election administration, infrastructure,
				and security, which includes standards regarding cyber and physical security,
				and a minimum reserve funding requirement for each county from funds
				transferred to the separate fund for election administration, infrastructure,
				and security, as required by W. Va. Code §
									11-22-2.
1.2. Authority. -- W. Va. Code §§
									3-1A-6 and
				11-22-2(c)(4).
1.3. Filing Date. -- May 8, 2024.
1.4. Effective Date. -- May 8,
				2024.
1.5. Sunset Provision. --
				This Rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-55 - Minimum Standards For Election Administration, Infrastructure, And Security › Section 153-55-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Pursuant to W.
				Va. Code §
									11-22-2, as amended in SB 522
				(2023), this Rule establishes the minimum cyber and physical security standards
				for election administration, infrastructure, and security, which must be
				satisfied prior to a County Commission's transfer of the excess moneys from the
				county election fund into the county's general fund.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-55 - Minimum Standards For Election Administration, Infrastructure, And Security › Section 153-55-4 - Minimum Cyber Security Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The county clerk shall develop and
				maintain an IRP to follow in both response to and recovery from a cyber
				incident, a copy of which shall be provided to the Secretary of State's Chief
				Information Officer upon request.
4.1.1. The
				IRP shall include:
4.1.1.a. The full name,
				direct phone number(s), and official email address of the county's designated
				Primary Administrative Contact and Primary Technical Contact;
4.1.1.b. A plan to restore critical services
				based on the type of incident if failure to restore can predictably jeopardize
				the normal conduct of elections. For this requirement, types of incidents
				include ransomware or other malicious cyber attacks that prevent an election
				official from accessing any election technology or endpoint device;
4.1.1.c. A communication directive to
				immediately notify the Secretary of State's Chief Information Officer within 24
				hours of discovery of any potential or actual cyber incident; and
4.1.1.d. A requirement for developing a
				POA&M within 48 hours of a cyber incident, which includes a description of
				the incident and the plan with defined deadline milestones to recover all
				election technology and devices affected by the incident. The POA&M shall
				be submitted to the Secretary of State in a secure manner upon
				completion.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-55 - Minimum Standards For Election Administration, Infrastructure, And Security › Section 153-55-5 - Physical Security Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Voting equipment, including ballot
				marking devices, tabulators, and computers running election management system
				software, shall be:
5.1.1. Located in a room
				containing no other equipment or supplies or otherwise physically segregated by
				walls or fences that prevent unauthorized access to the equipment, which room
				is located inside an access-controlled secure location and accessible only by
				the county clerk and individuals granted access by the county clerk whose names
				appear on the roster required by subsection 4.3. The room shall have a sign-in
				sheet located in the interior of the room that shall be completed by each
				individual who enters the room on every occasion, which sheet shall include the
				individual's name, date, time of entry and departure from the room, and the
				reason for accessing the room.
5.1.2. Monitored 24/7 in one or more of the
				following manners:
(1) closed-circuit
				surveillance cameras that store video files for a minimum of 60 days;
(2) security personnel or guards;
(3) security alarm; or
(4) electronic or restricted access locking
				mechanisms that digitally log all physical entries into all necessary access
				points.
5.1.3. Equipped
				with emergency management devices such as a fire suppression system and flood
				detection device.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-55 - Minimum Standards For Election Administration, Infrastructure, And Security › Section 153-55-7 - County Commission Application for Secretary of State Compliance Review to Authorize Transfer of Election Funds to County General Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Pursuant to W.
				Va. Code §
									11-22-2(b)(4),
				the County Commission must apply to the Secretary of State for a determination
				that the county has permission to transfer any funds in excess of the minimum
				reserve funding from the county election fund. An application is required for
				each desired transfer.
7.2. The
				application shall be in writing to the Secretary of State, and include the
				following information:
7.2.1. The name of the
				county;
7.2.2. The account balance
				of the county election fund and sufficient documentation in the form of a bank
				statement or the equivalent from a financial institution that was issued no
				more than 60 days prior to the date of the application submission;
7.2.3. The current number of county
				precincts;
7.2.4. The amount of the
				requested transfer from the county election fund; and
7.2.5. An attestation that the county has
				satisfied the minimum cyber and physical security requirements set forth in
				sections 4 and 5 of this Rule, as well as sufficient documentation and relevant
				materials including but not limited to documentation of physical security
				protections, current contracts with cyber and physical security providers, and
				a copy of the IRP.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards for the form and content of requisitions for payment
				issued by state officers on the Auditor.
1.2. Authority. -- W. Va. Code §
									12-3-10;
				12-3-10f.
1.3. Filing Date. -- April 13, 2021
1.4. Effective Date. -- May 15, 2021
1.5. Sunset Provision -- This rule
				shall terminate and have no further force or effect 5 years from the effective
				date of this rule.
1.6 Amendment
				of Rule. -- This legislative rule amends WV 155CSR1 "Standards for Requisitions
				for Payment Issued by State Officers on the Auditor" filed June 5, 2017, and
				effective July 1, 2017.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-3 - General Invoice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Itemization. -- All invoices submitted to the Auditor for payment shall be
				legible and contain the following:
3.1.1. A
				complete, clear, legible, itemized description indicating the type of
				materials, supplies or service provided;
3.1.2. An invoice or order date and the
				date(s) of service, if the item to be paid is a service;
3.1.3. The invoice must be stamped with the
				following certification: "I hereby certify that the items or services contained
				in the foregoing have been received and approved for payment." The
				certification must be signed by an agency representative with authority to
				approve such payments. The signature must be legible. If it is not legible, the
				representative must print his or her name and title below or adjacent to the
				signature. Alternative certifications may be approved by the Auditor if
				required by business processes.
3.1.4. Any additional information,
				documentation, or explanation requested or required by the Auditor; and,
3.1.5. All receiving reports which
				correspond to any and all commodities submitted for payment on the invoice.;
				and
3.1.6. Unless necessary to
				process payment, all invoices, supporting documentation, or receiving reports
				must be free of personally identifiable information and protected health
				information or such information must be redacted prior to submission to the
				Auditor.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-4 - Electronic Requisition Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Auditor may accept electronic
				requisitions for payment from authorized spending units. Electronic
				requisitions shall:
4.1.1. Be scanned with a
				maximum 300 dots per inch (DPI).
4.1.2. Be sent in a Compressed Adobe Portable
				Document Format (PDF), Joint Photographer Experts Group (JPEG or JPG), or
				Tagged Image File Format (TIFF).
4.1.3. Be sent in black and white
				only.
4.1.4. For records requiring
				long-term retention, not be digitally annotated in order to maintain their
				legal integrity.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-5 - Receiving Report Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Time of Preparation. -- All receiving reports shall be prepared within 24 hours
				after the receipt of the commodities.
5.2. Form. -- A receiving report shall be in
				a format approved by the Auditor.
5.3. Itemization. -- All receiving reports
				submitted to the Auditor shall contain the following:
5.3.1. -- An item description for each type
				of commodity received along with the quantity of each type received in
				sufficient detail that is in agreement with the vendor invoice and/or contract;
				and
5.3.2. -- The date the
				commodities were received., meaning the actual date on which the commodities
				were received by the authorized individual.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-6 - Contract Invoice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Itemization. -- All invoices submitted to the Auditor for payment against a
				contract shall contain the following:
6.1.1.
				All General Invoice Requirements as described in Section 155-1-3 above; and,
6.1.2. An item description
				matching to the contract, including, but not limited to, model number, quantity
				and unit price, indicating the type of materials, supplies or service. The
				materials, supplies or service shall be of the type covered under the contract
				and the description and prices of the materials, supplies or service on the
				invoice shall not conflict with the description and prices contained in the
				contract;
6.1.3. The change order
				number, contract page number and specific item number for each item appearing
				on the invoice, if requested by the Auditor;
6.1.4. A reference to a valid, unexpired
				centralized encumbrance, if required by West Virginia State Code;
6.1.5. For invoices paying against
				centralized master agreements, the centralized master agreement number in a
				location directed by the Auditor;
6.1.6. The date of record shall fall within
				the contract period and shall not be for prepayment of any commodities unless
				the contract contains terms and conditions to the contrary. At the discretion
				of the Auditor, certain monthly payments such as rental payments may be
				released two thirds (2/3) of the way through the month to allow time for
				processing and warrant disbursement;
6.1.7. Invoices with aggregate totals shall
				reflect the sum of the previous payments on the invoice.
6.1.7.a. The sum of previous payments listed
				on the invoice must match the encumbrance's closed amount or referenced line
				amount in wvOASIS.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-7 - Building Leases and Rental Invoice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Itemization. -- All invoices submitted
				to the Auditor for payment against a building or facility lease for rental of
				office space or other premises shall contain the following:
7.1.1. All General Invoice Requirements as
				described in Section 155-1-3 above;
7.1.2. The lease number in a location
				directed by the Auditor;
7.1.3. A
				Scheduled Payment Date that releases the rental payment only after two thirds
				(2/3) of the period has passed;
7.1.4. The time period of the invoice in
				which rent is being paid, and;
7.1.5. Where there is no Real Estate Division
				approved lease: a temporary space agreement, approved by the Real Estate
				Division, if the agency falls under Department of Administration, Real Estate
				Division's oversight.
7.1.6. If
				the spending unit falls under Department of Administration, Real Estate
				Division oversight, all expenditures for leasehold improvements must be
				approved by the Department of Administration, Real Estate Division if not
				expressly authorized in the lease documentation.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-8 - Contract and Encumbrance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Itemization. -- Because payment requests
				will contain information previously entered into wvOASIS contract documents,
				and this information cannot be changed on the payment request, all contract
				documents must include:
8.1.1. Commodities,
				containing specific descriptions and prices. Commodities must be
				itemized;
8.1.2. The correct
				wvOASIS Financial Code Components, and;
8.1.3. The contract's effective beginning and
				ending dates of service.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-9 - Travel Reimbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Itemization. -- All invoices submitted to the Auditor for payment or
				reimbursement of travel expenses for state employees or other authorized
				travelers must conform to all General Invoice Requirements as described in
				Section 155-1-3 above.
9.2. Travel
				Rules. -- All state employee travel reimbursements submitted to the Auditor
				shall comply with applicable travel rules;
9.3. Cash Advances. -- The Auditor may allow
				cash advances upon formal request from the spending unit. The method of cash
				advance requests will be specified by the Auditor.
9.3.1. The spending unit shall reconcile cash
				advances within thirty days of the last date of travel for which the advance
				was issued.
9.3.2. The Auditor may
				send notice to the Chief Financial Officer of the spending unit when advances
				are not reconciled properly.
9.3.3. The Auditor may suspend cash advance
				privileges if an agency fails to reconcile properly or determines the funds
				have been misused.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-10 - Advance Allowance Account Settlements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Advance Allowances. -- The Auditor may
				provide advances to institutions of Higher Education as authorized by WV Code
				§
									18B-5-4.
10.1.1. No advance allowance account shall
				exceed five percent of the total of the appropriations for the governing board,
				council, or commission of the Higher Education entity.
10.1.2. All advance allowance accounts shall
				be accounted for by the applicable governing board, council, or commission
				every thirty days.
10.1.3. Every
				thirty days, the applicable governing board, council, or commission must
				furnish an itemized listing of all vendors paid, amounts, and invoices or
				documentation supporting payment to the State Auditor. Such documentation shall
				include:
10.1.3.1. The legal name and address
				of vendor;
10.1.3.2. The date the
				vendor was paid from the advance allowance;
10.1.3.3. The amount paid to the
				vendor;
10.1.3.4. The corresponding
				purchase order or agreement;
10.1.3.5. The invoice or other supporting
				documentation presented from the vendor to the agency;
10.1.3.6. Any other information considered by
				the Auditor to satisfy documentation requirements.
10.1.4. The Auditor may send notice to the
				Agency Administrator or applicable governing board, council, or commission if
				the advance allowance accounts are not accounted for properly under the
				requirements laid forth in this section.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-11 - Payment Request and Contract Standards - Document Codes

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. General. -- The Auditor may direct the
				document code, payment method or contract document type that an agency must use
				to pay a certain transaction type in order to achieve a desired accounting
				effect. (Examples include, but are not limited to: Travel advances must be paid
				on TVA documents to properly record the advance receivable or payments against
				encumbrances must be paid on PRC/PRM documents to properly reduce
				encumbrances).
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-12 - Document Requirements for Payments by GAXR Document

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General. -- Refund requests may be made
				by GAXR documents. The following must be included when submitting a GAXR
				document for refund:
12.1.1. The dollar
				amount to be refunded;
12.1.2. The
				reason for the refund;
12.1.3. If
				the amount request to refund differs from the original amount paid, how the
				difference was calculated;
12.1.4.
				Evidence of the original receipt of the funds by the Department issuing the
				refund;
12.1.5. The name and
				address of the recipient; and
12.1.6. The signature of an agency
				representative with authority to make such requests. The signature must be
				legible, or the representative must print his or her name and title below or
				adjacent to the signature.
12.1.7.
				The Auditor may approve alternative documents if necessitated by business
				practices.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-01 - Standards for Requisitions for Payment Issued by State Officers on the Auditor › Section 155-1-13 - Miscellaneous Requirements for Wire Transfer Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Nonrecurring Wire Payments - For all
				nonrecurring wires, the State Treasurer's Office (STO) Nonrecurring Wire form
				must be filled out and attached to the payment request.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-02 - Indexing Of State-Owned Lands › Section 155-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule details procedures and required formats for filing data with the State
				Auditor concerning state-owned lands.
1.2. Authority. -- W. Va. Code §
									14-1-21(c)
1.3. Filing Date. -- January 29,
				2021
1.4. Effective Date. -- March
				1, 2021
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-02 - Indexing Of State-Owned Lands › Section 155-2-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				procedural rule applies to all respective county clerks in the State of West
				Virginia who record land purchases by the State of West Virginia.