reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-4 - Audit Reports for Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In lieu of the
				required report, the grantee may submit an audit performed by an independent
				CPA that complies with the Office of Management and Budget's (OMB) Circular
				A-133 (Audits of States, Local Governments and Non-Profit Organizations) or 2
				CFR part 200, subpart F, which includes a schedule of state grant receipts and
				expenditures and a related auditor's opinion on whether the schedule is fairly
				stated in relation to the financial statements taken as a whole.
4.2. In lieu of the required report, the
				grantee may submit a financial audit, performed by an independent CPA, which
				complies with Government Auditing Standards issued by the Comptroller General
				of the United States if the audit includes a schedule of state grant receipts
				and expenditures and a related auditor's opinion on whether the schedule is
				fairly stated in relation to the financial statements taken as a
				whole.
4.3. Any independent audit
				report prepared in accordance with Government Auditing Standards, OMB Circular
				A-133, or 2 CFR 200 subpart F, and submitted before the effective date of this
				rule shall be considered acceptable in its current form only if it otherwise
				complies with the provisions of the W. Va. Code §
									12-4-14.
4.4. The independent CPA shall retain all
				audit work papers for a period of five (5) years following the date of issuance
				of the audit report.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-5 - Sworn Statements of Expenditures Made Under Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any grantee
				who:
1) receives one or more state grants in
				an aggregate amount of less than $50,000;
2) is not required to file a report because
				the grantor causes an audit of the grant funds to be conducted by an
				independent certified public accountant using Government Auditing Standards and
				a copy of the audit is available for public inspection; or
3) is not required to file a report because
				an audit complying with the Office of Management and Budget Circular A-133 or 2
				CFR 200 subpart F is substituted for the report, shall file with each grantor
				and the State Auditor a sworn statement of expenditures, notarized by a notary
				public in good standing with the Secretary of State, for all applicable state
				grants. The form shall indicate that the grantee has sworn to or affirmed the
				truthfulness and completeness of the information contained in the statement of
				expenditures.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-6 - Debarment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any grantee
				failing to file a required report or sworn statement of expenditures for state
				grants within the required time is barred from subsequently receiving further
				state grants until the grantee complies with its reporting responsibilities and
				is otherwise in compliance with the provisions of this rule.
6.2. The grantor has primary responsibility
				for determining if the grantee has filed a required report or sworn statement
				of expenditures, the date the report or statement was filed, and if the report
				or statement meets all statutory and administrative requirements. Proof of
				grounds for debarment must be clear and convincing.
6.3. The State Auditor shall administer the
				debarment process.
6.3.1. Once the grantor
				determines that a grantee should be debarred, the State Auditor shall notify
				the grantee by certified mail, return receipt requested, of the reasons and the
				causes relied upon for the proposed debarment.
6.3.2. If the grantee disputes the proposed
				debarment, it must submit its argument to the State Auditor in writing within
				30 calendar days after receipt of the notice.
6.3.3. If a grantee contests the debarment
				decision, the State Auditor shall decide the matter in accordance with the
				provisions of W. Va. Code §
										29A-5-1
				et seq.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-7 - Grantor Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any grantor
				shall, in a manner designated by the State Auditor, provide information
				identified in §
									12-4-14
				of the W. Va. Code.
7.2. The
				grantor shall notify each grantee of the reporting requirements set forth in
				this section.
7.2.1. For state grants that
				have already been fully negotiated and signed by the responsible parties, the
				grantor may satisfy the notification requirement through transmittal of an
				ancillary communication to the grantee.
7.2.2. For state grants that have yet to be
				fully negotiated and signed by the responsible parties, the grantor shall
				incorporate a clause within its formal grant agreement, contractual document or
				grant award notification letter to convey the reporting requirements under W.
				Va. Code §12-4-14.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-8 - Verification Process

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Before
				awarding a state grant, a grantor shall verify that the person seeking the
				state grant is not barred from receiving the grant. The verification process
				shall include one of the following:
8.1.1. A
				clause within the formal grant agreement or other contractual document, signed
				by a senior representative of the person seeking the grant before a notary
				public in good standing with the Secretary of State. "Under penalty of law for
				false swearing (W. Va. Code §
										61-5-3),
				[PERSON] certifies that by signing this grant agreement on the signature page
				that [PERSON] and all related parties have filed all reports for state grants
				received as required under W. Va. Code §
										12-4-14.";
				and
8.1.2. A separate notarized
				sworn statement of compliance from the person seeking the state grant stating
				that the person has filed all reports and sworn statements of expenditures
				pursuant to the requirements of W. Va. Code §
										12-4-14.
				A senior representative of the person shall sign the notarized statement and
				provide his or her printed name, title and date of signature. The sworn
				statement shall include the following clause: "Under penalty of law for false
				swearing (W. Va. Code §
										61-5-3),
				[PERSON] certifies that by signing this sworn statement [PERSON] and all
				related parties have filed all reports for state grants received as required
				under W. Va. Code §
										12-4-14."
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-9 - Stop Payment Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Grantor
				agencies or the State Auditor shall issue stop payment orders if a grantee or
				subgrantee fails to file required reports, fails to comply with one or more
				terms of the grant or subgrant, or commits violations of law. Grantor agencies
				or the State Auditor may also issue stop payment orders as the result of an
				audit or investigation or if applicable reporting or record keeping provisions
				for state grants are delinquent or not in compliance with West Virginia
				code.
9.2. If a grantor identifies
				a payment to be stopped, the grantor shall prepare a stop payment order and
				forward a copy to the grantee and/or subgrantee and the State
				Auditor.
9.3. If the State Auditor
				identifies a payment to be stopped, the State Auditor shall prepare a stop
				payment order and forward a copy to the grantee and/or subgrantee and the
				grantor agency.
9.4. The stop
				payment order shall be in writing, sent by certified mail, return receipt
				requested, to the grantee or subgrantee's address on record in the statewide
				accounting system and shall contain the following information:
9.4.1. The name of the grantor
				agency;
9.4.2. The name and address
				of the grantee and/or subgrantee;
9.4.3. The reason or reasons for the stop
				payment order, including identifying the specific grant award or awards for
				which required reports were not filed;
9.4.4. If applicable, the specific remedies
				for the grantee and/or subgrantee to cure noncompliance so that the stop
				payment order may be lifted.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-10 - Grant Funds Recovery Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If a grantor
				agency believes grant funds are subject to recovery, the grantor agency shall
				provide the grantee the opportunity for at least one informal conference to
				determine the facts and issues and to resolve any conflicts before taking any
				formal recovery action.
10.2. If a
				grantor agency determines that certain grant funds are to be recovered, then,
				prior to taking any action to recover the grant funds, the grantor agency shall
				provide the grantee of the funds a written notice via certified mail, return
				receipt requested, of the intended recovery. This notice shall identify the
				funds and the amount to be recovered and the specified facts which permit
				recovery.
10.3. A grantee has 35
				calendar days from the receipt of the notice required in subsection 10.2 of
				this rule to return the grant funds or request a hearing in writing to show why
				recovery is not justified or proper.
10.4. If a grantee requests a hearing
				pursuant to subsection 10.3 of this rule, then:
10.4.1. The hearing shall be conducted under
				W.Va. Code §
										29A-5-1,
et seq
. and be presided over by the grantor agency head or
				their designee.
10.4.2. The grantor
				agency shall hold the hearing at which the grantee or designated representative
				may present evidence and witnesses to show why recovery should not be
				permitted, and,
10.4.3. After the
				conclusion of the hearing, the grantor agency shall make a final decision and
				issue a written final recovery order in compliance with § 29A-5-3 of the
				code and send a copy of the order to the grantee and the State
				Auditor.
10.4.4. If a grantee
				requests a hearing pursuant to Subsection 10.3 of this rule then the grantor
				agency may not take any action of recovery until at least 35 calendar days
				after the grantor agency has issued a final recovery order pursuant to the
				requirements of Subsection 10.4 of this rule.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-11 - Prohibited Political Activity

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Grantors,
				grantees, subgrantees, and their personnel shall not knowingly use grant funds,
				or goods or services purchased with grant funds, to engage, either directly or
				indirectly, in a prohibited political activity.
11.2. Grantors, grantees, subgrantees, and
				personnel thereof shall not be knowingly compensated from grant funds for time
				spent engaging in a prohibited political activity.
11.3. Nothing in this rule shall prohibit any
				organization described in
				26 U.S.C.
				§
										501(c)(3) or
				26
				U.S.C. §501(c)(4) receiving a grant from the state in engaging in any
				federally permissible activity regarding advocacy, indirect and direct
				lobbying, and political activity, provided that the specific funds acquired by
				a grant from the state or grantor shall not be used for those activities that
				are permitted by federal law but prohibited by this section.
11.4. A grantor, grantee, subgrantee, or
				their personnel who knowingly uses grant funds for prohibited political
				activity in violation of this section is guilty of a felony and, upon
				conviction thereof, shall be fined not less than $1,000 nor more than $5,000 or
				imprisoned in a state correctional facility for not less than one year nor more
				than five years, or both fined and imprisoned.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-12 - Chief Accountability Officer

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Each state
				grantor agency shall designate a Chief Accountability Officer, to the extent
				possible from within its existing staff, who shall serve as a liaison to the
				State Auditor and shall be responsible for the state agency's implementation of
				and compliance with the law, rules, and terms of grants. Such position may be
				held concurrently with any other designated position.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-13 - Conflict of Interest Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each state
				grantor agency shall develop state grant conflict of interest policies. The
				grantor shall file conflict of interest policies in writing with the State
				Auditor.
13.2. If a state grantor
				agency revises its state grant conflict of interest policies, it shall file
				updated policies with the State Auditor within 15 business days of approval of
				the revisions.
13.3. State grant
				conflict of interest policies shall include provisions addressing conflicts of
				interests between the grant applicant and the grantor agencies.
13.4. Grantees and subgrantees shall disclose
				in writing to the grantor agency any potential conflicts of interest.
13.5. Conflict of interest policies shall
				apply to personnel at a grantor agency who evaluate, score, assess, or
				participate in the awarding of grants. The personnel shall disclose any
				conflict of interests in writing and recuse themselves from the grant award
				process.
13.6. Conflict of interest
				policies should apply to personnel at a grantor agency who evaluate, score,
				assess, or participate in the awarding of grant funds to subgrantees. Such
				personnel should disclose any conflict of interests in writing and recuse
				themselves from the sub-grant award process.
13.7. All conflict of interest policies,
				disclosures, or other documentation are subject to inspection by the State
				Auditor or Legislative Auditor.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-09 - Accountability Requirements for State Funds and Grants › Section 155-9-14 - Legislative Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Effective on
				or before December 31, 2022, and every three years thereafter, the State
				Auditor shall submit to the Joint Legislative Committee on Government and
				Finance a report that demonstrates the efficiencies, cost savings, and
				reductions in fraud, waste and abuse. The report shall include, but not be
				limited to, facts describing:
14.1.1. The
				number and names of entities placed on the West Virginia Debarred
				List;
14.1.2. The number of stop
				payment orders issued to grantees;
14.1.3. Any savings realized as a result of
				the implementation of this act;
14.1.4. A statement of funds recovered and
				funds in the recovery process;
14.1.5. Any reductions in the number of
				duplicative audit report reviews; and
14.1.6. The overall number of state grants
				awarded that given year and the total amount of dollars awarded by each state
				agency.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-10 - Rules for Electronic Filing of Forfeiture Data for Law Enforcement Agencies › Section 155-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule details procedures and required formatting for filing data with the State
				Auditor concerning forfeiture of property by West Virginia law enforcement
				agencies.
1.2. Authority. -- W. Va.
				Code § 60A-7-708(c);
				29A-2-6(c).
1.3. Filing Date. -- August 29,
				2022
1.4. Effective Date. --
				September 29, 2022
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-10 - Rules for Electronic Filing of Forfeiture Data for Law Enforcement Agencies › Section 155-10-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				procedural rule applies to all law enforcement agencies located in the State of
				West Virginia that are authorized to initiate criminal, civil or administrative
				forfeiture pursuant to the "West Virginia Contraband Forfeiture Act" (W.Va.
				Code §
									60A-7-701
et
				seq.
).
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-10 - Rules for Electronic Filing of Forfeiture Data for Law Enforcement Agencies › Section 155-10-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "AA" means
				access account.
3.2. "Act" means
				the West Virginia Contraband Forfeiture Act contained in Article 7, Chapter 60A
				of the Code of West Virginia.
3.3.
				"Agency" means any state, county, municipal or other law enforcement agency
				authorized to initiate criminal, civil or administrative forfeiture proceedings
				pursuant to the Act.
3.4. "Agency
				head" means the chief executive, Mayor, Chief of Police, Sheriff, or top
				administrator for any agency who has the authority to forfeit property pursuant
				to the Act.
3.5. "Attestation"
				means a legal document binding the agency to the data that is
				submitted.
3.6. "Auditor" means the
				West Virginia State Auditor.
3.7.
				"Citizen Services" means the portal for the electronic forfeiture data filing
				form needed to report.
3.8. "ESAC"
				means equitable sharing agreement and certification
3.9. "Submission" means a level of access
				granted by the agency head that gives an individual(s) permission to file
				forfeiture data electronically on behalf of the agency.
3.10. "Task Force" means a group of more than
				one law enforcement agencies authorized to initiate criminal, civil or
				administrative forfeiture proceedings pursuant to the Act.
3.11. "User" means the individual(s) who has
				been granted authority by the agency head to review, edit and submit electronic
				forfeiture data to the Auditor.
3.12. "WVSAO" means West Virginia State
				Auditor's Office
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-10 - Rules for Electronic Filing of Forfeiture Data for Law Enforcement Agencies › Section 155-10-4 - Prior to filing forfeiture data

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				Access Account must be created.
4.1.1. Go to
				the Auditor's WVSAO website, select the "Budget Analysis" tab then click link
				at bottom of page to be directed to Citizen Services to create Access
				Account.
4.1.2. Verify the user
				name and complete the account setup.
4.1.2.a.
				User names will be saved in the application.
4.1.2.b. Passwords are not saved in the
				application. It is the responsibility of the user to remember or store their
				password for all future filings.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-10 - Rules for Electronic Filing of Forfeiture Data for Law Enforcement Agencies › Section 155-10-5 - Procedures for electronic forfeiture data filing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Go to the WVSAO website and select
				"Budget Analysis", then scroll to bottom of page to find "Law Enforcement
				Forfeiture and Seizure Reporting"
5.2. Click link to be taken to the online
				portal, then log-in using an AA.
5.2.1. At the
				bottom of the page, click the blue "Select" button to begin report.
5.2.1.a. Multiple reports are completed in
				Citizen Services portal, including:
5.2.1.b. Agency Information Report
5.2.1.c. Statement of Seizures and
				Forfeitures Report
5.2.1.d.
				Statement of Expenses from Seizures and Forfeitures Report
5.2.1.e. Statement of Total Assets
				Report
5.2.1.f. A copy of the
				Agency's ESAC
5.2.1.g. A digitally
				signed attestation form on the last module of the portal
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-10 - Rules for Electronic Filing of Forfeiture Data for Law Enforcement Agencies › Section 155-10-6 - Required reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If a
				law-enforcement agency fails to timely file the forfeiture data identified in
				this rule, the Auditor shall notify the law-enforcement agency that the report
				has not been received.
6.1.1 If failure to
				comply continues past the filing deadline, the Auditor shall disseminate the
				names of the Law Enforcement agencies that do not comply with this rule on the
				statewide transparency website for public consumption.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-11 - Rules for Electronic Filing of Legal Notices for State Agencies › Section 155-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This procedural rule establishes the processes for electronic filing of legal
				notices in the State Auditor's legal notices database.
1.2. Authority. -- W. Va. Code
				§59-3-2(f)
1.3. Filing Date. -- July 26, 2023.
1.4. Effective Date. -- September 1,
				2023.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-11 - Rules for Electronic Filing of Legal Notices for State Agencies › Section 155-11-3 - Procedures to request access to legal notices database

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All legal
				notices posted to the legal notice database in active, archived, and rescinded
				status are accessible by the public to view at no cost to the public on the
				State Auditor's Office website.
3.2. Any individual desiring to create,
				modify, or delete legal notices in the State Auditor's Office legal notices
				database must meet all requirements prior to access being granted by the State
				Auditor.
3.2.1. Individuals must be an
				employee of a state agency.
3.2.2.
				Individuals must have an active MyApps account in good standing.
3.2.3. A completed legal notice access form
				for that employee must be on file with the State Auditor's Office. The legal
				notice access form must be signed by the agency's agency head. Legal notice
				access forms must denote the agencies for which an individual requests access
				to create, modify, or delete legal notices.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-11 - Rules for Electronic Filing of Legal Notices for State Agencies › Section 155-11-4 - Procedures to post legal notices to State Auditor's legal notices database

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Legal
				notices must be posted using the Notices app within MyApps.
4.2. Legal notices must contain certain
				information in order to be valid.
4.2.1. Legal
				notices must correspond with a certain state agency. The agency is selected by
				the user and, when posted to the database, will be the agency in which the
				legal notice is filed under.
4.2.2.
				Legal notices must contain a title.
4.2.3. Legal notices must contain a beginning
				date.
4.2.4. Legal notices must
				contain a body.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-11 - Rules for Electronic Filing of Legal Notices for State Agencies › Section 155-11-5 - Amending or deleting legal notices from the legal notice database

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A legal
				notice that is modified or deleted from the legal notice database will be
				modified or deleted only if the legal notice's status is not released status.
				The last updated date of the notice will automatically modify to denote the
				date and time of the last change.
5.2. A legal notice that is modified or
				deleted from the legal notice database while the status is active or archived
				will not be modified or deleted from the legal notice database and the status
				will revert to rescinded status. This is to warn any member of the public who
				may have viewed the legal notice while active that the legal notice has been
				modified or deleted and that the information contained therein may be
				unreliable or may have changed. The last updated date of the notice will
				automatically modify to denote the date and time of the last change.
5.3. State agencies should consider
				recreating or posting new legal notice records if deleting or modifying an
				active record is necessary, as the rescinded legal notice will not be featured
				on the active section of the legal notices database and will be marked as
				rescinded.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-13 - Procedure to Register to Bid at Public Auctions › Section 155-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This procedural rule establishes the process to become eligible to bid at a
				Public Auction held pursuant to W. Va. Code §
									11A-3-45.
1.2. Authority. -- W. Va. Code §
									11A-3-45.
1.3. Filing Date. -- March 6, 2024.
1.4. Effective Date. -- April 8,
				2024.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-13 - Procedure to Register to Bid at Public Auctions › Section 155-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Affidavit"
				means a complete and notarized form, to be supplied by the Auditor, wherein the
				Registrant affirms that he or she meets the requirements to bid at a Public
				Auction contained in W. Va. Code §
									11A-3-45, W. Va. Code §
									11A-3-45a, and this rule. The
				Affidavit is available to download from the Auditor's website at
www.wvsao.gov
.
2.2. "Auditor" means the West Virginia State
				Auditor or his or her designee.
2.3. "Public Auction" means an auction
				conducted by the Auditor held pursuant to W. Va. Code §
									11A-3-45.
2.4. "Registrant" means any person or legal
				entity that desires to bid at a Public Auction or bid for unsold lands subject
				to sale pursuant to W. Va. Code §
									11A-3-48.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-13 - Procedure to Register to Bid at Public Auctions › Section 155-13-3 - Procedures to register to bid at public auction

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General.
				All Registrants must register in accordance with this rule in order to be
				eligible to bid at any Public Auction and affirm that he or she meets the
				requirements established under W. Va. Code §
									11A-3-45, including:
3.1.1. Registrant has not failed to make a
				payment owed at a prior Public Auction.
3.1.2. Registrant is not, at the time of
				registration, delinquent in the payment of a real property tax, for which
				Registrant is the most recent owner to record, to any county in the State of
				West Virginia.
3.1.3. Registrant
				does not have a history of noncompliance with code enforcement violations
				issued by a county or municipality pursuant to W. Va. Code §
										7-1-3ff and §
										8-12-16.
3.1.4. At the time of registration,
				Registrant is not subject to legal proceedings in any county or municipality
				that are related to code enforcement violations regarding real property owned
				by Registrant.
3.1.5. Registrant
				has not, within the preceding five years prior to the Public Auction, failed to
				comply with a valid raze or repair order (or any other similar order) issued by
				a county or municipality.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-13 - Procedure to Register to Bid at Public Auctions › Section 155-13-4 - Deregistration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				Registrant may be deregistered by the Auditor at any time if it is discovered
				that the Registrant does not meet the requirements to bid at a Public Auction
				contained in W. Va. Code §
									11A-3-45, W. Va. Code §
									11A-3-45a, and this
				rule.
4.2. A deregistered
				Registrant will be notified of the deregistration and the reasons therefor by
				the Auditor in writing. All the Registrant's current or pending bids or sales
				will be cancelled or rejected.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-13 - Procedure to Register to Bid at Public Auctions › Section 155-13-5 - Effect of deregistration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				Registrant that is deregistered is ineligible to bid at any Public Auction. Any
				bids submitted by a Registrant who is deregistered will be rejected by the
				Auditor and any sales pending will be cancelled.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-13 - Procedure to Register to Bid at Public Auctions › Section 155-13-6 - Procedure to cure deregistration

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any
				Registrant that is deregistered due to noncompliance with Sections 3.1.1,
				3.1.2, 3.1.4, 3.1.5, or 3.2 may cure the deregistration by demonstrating to the
				Auditor by clear evidence that the Registrant has become in compliance with the
				eligibility requirements contained in Sections 3.1.1, 3.1.2, 3.1.4, 3.1.5, and
				3.2.
6.2. The Auditor may refuse to
				reregister any Registrant that has knowingly registered without meeting the
				eligibility requirements contained in W. Va. Code §
									11A-3-45, W. Va. Code §
									11A-3-45a, and this
				rule.
West Virginia Code of State Rules › Agency 155 - Auditor › Title 155 - PROCEDURAL RULE STATE AUDITOR › Series 155-13 - Procedure to Register to Bid at Public Auctions › Section 155-13-7 - Unsold lands subject to sale without auction or additional advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In order to
				bid on unsold lands subject to sale without auction or additional advertising
				pursuant to W. Va. Code §
									11A-3-48, Registrants must
				register with the Auditor in accordance with the provisions of this
				rule.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope-- The
				following procedural rules set forth the practice and procedure established by
				the West Virginia Public Employees Grievance Board for carrying out its
				responsibilities to administer the grievance procedure for education and state
				employees contained in W. Va. Code §§
									6C-2-1, et seq. and 6C-3-1, et
				seq. The Board is responsible for administering the grievance procedure and has
				jurisdiction regarding procedural matters at all levels of the grievance
				procedure. These rules apply to all grievances pending, and those filed after
				the effective date.
1.2.
				Authority-- W. Va. Code §
									6C-3-4(b).
1.3. Filing Date -- July 18, 2018.
1.4. Effective Date --August 17,
				2018.
1.5. Liberal Construction --
				The provisions of these rules will be liberally construed to permit the Board
				to discharge its statutory functions and to secure just and expeditious
				determination of all matters before the Board; therefore, for good cause, the
				Board may, at any time, suspend the requirements of any of these
				rules.
1.6. Severability -- If any
				section or subsection of these rules is determined to be invalid, it shall not
				be construed to invalidate any of the provisions not otherwise
				affected.
1.7. Availability of
				Rules --These rules are on file in the Office of the Secretary of State, and
				are available at each of the Board's offices, and at the Board's website:
				www.pegb.wv.gov [File Link Not Available].
1.8. Delegation of Powers and Duties --
				Except where contrary to law, the Board may delegate any of its powers and
				duties to the director, administrative law judges, or other employees or agents
				of the Board. Pursuant to W. Va. Code §§
									6C-2-1, et seq., and 6C-3-1,
				et seq., the administrative law judges are authorized to take any other action
				not inconsistent with the grievance procedure statutes and these
				rules.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-3 - Burden of Proof

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				grievant bears the burden of proving the grievant's case by a preponderance of
				the evidence, except in disciplinary matters, where the burden is on the
				employer to prove that the action taken was justified. Any party asserting the
				application of an affirmative defense bears the burden of proving that defense
				by a preponderance of the evidence.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-4 - Level One, Forms, and Chief Administrator Authority Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Forms -- All employers shall use the
				grievance form issued by the Board at all levels of the procedure. The chief
				administrator must provide a grievance form to an employee on request. Copies
				of this form can be obtained at the Board's web site.
4.2. Written Procedures -- All employers
				shall provide a copy of the grievance statute and procedural rules to their
				employees. All newly-hired employees should be given a copy of these documents
				on commencement of their employment. Copies of the grievance statute and
				procedural rule can be obtained at the Board's offices and on the Board's
				website.
4.3. Chief Administrator's
				Authority
4.3.1. Level One Conference -- At a
				level one conference, the chief administrator may permit other individuals to
				attend and participate, as needed, in order to resolve the grievance.
4.3.2. Level One Hearing -- To the extent of
				the chief administrator's administrative authority, a chief administrator shall
				require the attendance of witnesses who are necessary for the resolution of the
				grievance at a level one hearing and may reasonably limit the number of
				relevant witnesses, motions and other procedural matters.
4.3.3. Authority Generally -- Additionally,
				the chief administrator may consolidate, for hearing or conference, grievances
				that are substantially similar, waive grievances the chief administrator is
				without authority to decide to level two or three, such as state compensation
				and classification grievances, and join parties as needed. If conflicts or
				questions arise on these issues, any party may submit the matter to the Board's
				chief administrative law judge for resolution.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-5 - Level Two - Mediation or Arbitration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Filing, Forms and Essential Matters
5.1.1. After receiving a level one decision,
				the grievant or intervenor may file to level two using the original grievance
				form, or a copy thereof, to request one of three alternative dispute resolution
				methods. The party filing shall indicate on the grievance form which method is
				selected. If basic mediation by an administrative law judge is not selected,
				the parties are required to submit written documentation noting the agreement
				of all parties on the alternative selected. If a specific method is not
				selected, the parties will automatically be deemed to have agreed to mediation
				by an administrative law judge. The Mediation Agreement Form may be obtained at
				the Board's offices or on the Board's website.
5.1.2. If mediation by an administrative law
				judge is selected, the Board will request dates, and notify the parties of the
				time and date of the mediation. Within fifteen days of the mediation session,
				the administrative law judge shall issue an order or report stating whether the
				mediation was successful; if unsuccessful, the order/report shall notify the
				parties of the procedure and the address for appeal to the next
				level.
5.1.3. If private mediation
				is selected, the mediator shall file a written report of the mediation with the
				Board within fifteen days of the mediation session. The report shall state the
				date and location of the mediation session, the names of those in attendance,
				and whether the parties were able to reach a resolution of the grievance. The
				report shall be signed and dated by the mediator. If private mediation is
				unsuccessful, within ten days of receipt of the report, the administrative law
				judge shall issue an order notifying the parties of the procedure and the
				address for appeal to the next level.
5.1.4. If private arbitration is selected,
				the parties shall file with the Board a written agreement stating their
				agreement to arbitration; the name and address of the arbitrator; and a
				statement agreeing to share the cost of the proceeding. Within thirty days of
				the arbitration, the arbitrator shall render a written decision and shall mail
				it to all parties and to the Board. In no case shall the written decision be
				submitted to the Board any later than forty days after the arbitration
				hearing.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-6 - Level Three and Administrative Law Judge Authority Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Assignment of Administrative Law Judge
				-- On proper filing of a level three grievance, the employer will be directed
				to submit the complete record of the lower level proceedings, including the
				transcript and all exhibits. If a level three hearing is requested, the parties
				will be directed to provide proposed hearing dates for the grievance hearing.
				Thereafter, the Board shall assign the matter to an administrative law judge,
				and all parties will be notified of the assignment. Once the parties are
				notified of the assignment, all documents and correspondence are to be
				delivered to the assigned administrative law judge as provided for in Rule
				2.1.7.
6.1.1. By agreement, the parties may
				decide to submit the case on the record developed below. If the administrative
				law judge assigned to the case agrees, the parties will then be given the
				option to submit proposed Findings of Fact and Conclusions of Law within a
				designated time period.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-7 - Claims for Relief by Default

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				A grievant seeking to prevail by default must file with the chief administrator
				a written notice of intent to proceed to the next level or to enforce the
				default within ten days of the default. If the chief administrator objects to
				the default, the chief administrator may file a request for a hearing with the
				Board within five days. On receipt of the chief administrator's objection, the
				Board will set the matter for hearing. The issues to be decided may include
				whether a default has occurred, whether the employer has a statutory excuse for
				not responding within the time required by law, and whether the relief sought
				is contrary to law or contrary to proper and available remedies. The default
				proceeding is usually bifurcated into two hearings. Once a grievant files a
				written claim for relief by default with the Board, or the chief administrator
				files an objection, all proceedings at the lower levels are automatically
				stayed until all default matters have been ruled on unless all parties agree in
				writing that lower level proceedings can go forward. Mediation services shall
				continue to be available while default matters are pending.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-01 - Rules Of Practice And Procedure Of The West Virginia Public Employees Grievance Board › Section 156-1-8 - Representation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Employees
				are entitled to representation at any step of the procedure, including meetings
				held for the purpose of discussing or considering disciplinary action, prior to
				the filing of a grievance.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-02 - Notice And Conduct Of Meetings › Section 156-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule establishes requirements for notice of meetings and general rules for conduct of said meetings.
1.2. Authority. -- W. Va. Code §§
									6-9A-1, et seq., 6C-3-1.
1.3. Filing Date. -- March 26, 2008.
1.4. Effective Date. -- April 28, 2008.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-02 - Notice And Conduct Of Meetings › Section 156-2-2 - Preface

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West Virginia Legislature has pro- vided in W. Va. Code §
									6-9A-1 that all regular and special meetings of governing bodies shall be open to the people of the State and that the people shall be given reasonable advance notice of the time, date and location of such meetings being convened: Provided, however, that governing bodies may hold executive sessions as part of duly convened regular, special or emergency meetings under certain circumstances as permitted by law;
2.2. The Legislature has provided in W. Va. Code §
									6-9A-3 that:
Each governing body shall promulgate rules by which the time, place and agenda of all regularly scheduled meetings and the time, place and purpose of all special meetings are made available, in advance, to the public and news media, except in the event of an emergency requiring immediate official attention.
2.3. W. Va. Code §
									6C-3-1(k) provides that the Public Employees Grievance Board "shall hold at least four meetingd per year. Other meetings shall be held at the call of the_chairperson or upon the written request of two members, at such time and place as designated in_the call or request."
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-02 - Notice And Conduct Of Meetings › Section 156-2-3 - Notice of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Public Employees Grievance Board shall meet at the Board's offices at 1596 Kanawha Boulevard, East, Charleston, West Virginia, or at such other locations as the Board may from time to time deem necessary.
3.2. Regular meetings -- Notice of regularly scheduled meetings shall be provided through the State Register, administered by the West Virginia Secretary of State's office, and also shall be posted on the Board's website at http://pegboard.state.wv.us/ [File Link Not Available]. Meeting notices shall be published in the state register at least five days prior to the date of the meeting. Said notices shall contain the time, date, and location of the meeting. The agenda of the meeting shall be posted on the Board's website and made available in the Board's Charleston office at least three days prior to the date of the meeting. The three-day period will exclude the day of the meeting, along with Saturdays, Sundays and legal holidays.
3.3. Emergency Meetings -- In the event of an emergency requiring immediate official action, the Board will file an emergency meeting notice at any time prior to the meeting. The emergency meeting notice shall state the date, time, place and purpose of the meeting and the facts and circumstances of the emergency.
3.4. The minutes of the Board will be open to the inspection of any member of the public at the Charleston office, as provided by W. Va. Code §
									6-9A-5.
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-02 - Notice And Conduct Of Meetings › Section 156-2-4 - Conduct of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All meetings must be open to the public, although the Board may, either on its own initiative or upon the request of an interested party, hold an executive session during a meeting after its presiding officer has identified the authorization under W. Va. Code §
									6-9A-1 for the holding of such executive session and has presented it to the governing body and to the general public, as required by W. Va. Code §
									6-9A-4. An executive session will only be held upon a majority affirmative vote of the Board members present.
4.2. Persons desiring to address the Board are encouraged to make arrangements in advance with the Board. However, advance arrangements are not necessary as such person may sign in prior to the scheduled commencement of any regular or special meeting. Any speaker shall provide his/her name, mailing address, telephone number and the subject to be addressed. Presentations shall be limited to five minutes, unless otherwise designated by the Board. Delegations are encouraged to use a spokesperson to present their concerns or proposals.