reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-2 - Advertisement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Commissioner of the Division of Highways is required by W. Va. Code §
									17-4-19
				to publish proposals for projects as a Class II legal advertisement in the area
				of the project and in a newspaper of general circulation in Charleston, West
				Virginia. Proposals are also advertised on the Department of Transportation,
				Division of Highways, Contract Administration Division website; electronic bids
				are authorized and accepted through the Bid Express® site
www.bidx.com
.
2.2. All prospective bidders interested in
				submitting bids for WVDOT projects, must establish a subscription to the Bid
				Express website at
www.bidx.com
. In addition,
				a contractor can view the fee schedule, install the bid component AASHTOW are
				Project BidsT, and create a Digital ID (electronic signature). The AASHTOW are
				Project BidsT Bid Component detailed instructions for set up and installation
				are available at AASHTOW are Project BidsT Set up instructions. A comprehensive
				training video is also available for viewing the installation and use of the
				AASHTOW are Project BidsT Bid Component.
2.3. During the period of advertisement, the
				contractor may have questions regarding the contents of the proposal and may
				submit those questions to the Department using the Bid Express® platform.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-3 - Contractor Prequalification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Contractors must be prequalified to
				submit a bid. To become prequalified, a contractor must submit a Contractor's
				Prequalification Statement. The Division uses the prequalification process to
				ensure bidding firms have the experience, equipment, and resources to deliver
				the contract work. A contractor will be issued a Certificate of Qualification,
				the amount of incomplete work they may have under contract at any one time, and
				the type of work for which they are qualified to perform. The Contractor's
				Prequalification Statement is available on the Department's website.
3.2. The Department will only accept bids
				from contractors who are prequalified and eligible to bid. A contractor may
				request approval to bid in excess of the allotted amount as noted by the
				Certificate of Qualification. The Department has the discretion to make
				decisions on the bidder's requests which it deems are in the best interest of
				the State of West Virginia.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-4 - Pre-bid meeting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Contract Administration Division may elect to hold a pre-bid meeting during the
				advertisement period. The meeting may be mandatory or optional for prime
				contractors. If the meeting is mandatory, a representative for the prime
				contractor must attend, otherwise their bid will be rejected.
4.2. The pre-bid meeting must be held
				sufficiently in advance of the letting to allow the contractors and the
				Department time to react to the questions and post any responses or amendments
				to the proposal.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-5 - Bidder's responsibility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The submitting contractor must carefully examine the plans, specifications,
				special provisions, contract forms and the work site. When the contractor
				submits a bid, they are asserting they have made such examinations and agree
				with the character, quality, and quantity of work to be performed.
5.2. The contractor acknowledges the
				quantities shown on the plans and the schedule of items are only estimates, and
				that increases or decreases to the quantities are possible. The contractor
				further agrees to accept the unit prices for the work performed and accepted,
				unless otherwise provided for in the contract. The Division will make every
				effort to provide sufficient information to the bidders. The contractor must
				carefully follow and comply with all instructions for submitting a bid or they
				risk having their bid rejected.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-6 - Bid opening

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				State and Federal law, rules and regulations require the bid letting to be open
				to the public, and the submitted bids must be read aloud. They also require the
				work to be awarded through competitive bidding, which is achieved by having all
				contractors submit confidential bids no later than the letting date and time.
6.2. The electronic bidding system
				prevents bids from being submitted after the letting time has expired. The bids
				which are received prior to the deadline are downloaded and securely decrypted
				from the Bid Express® website. The Division representative at the bid
				opening announces the project name and number, the goals for the project and
				the type of work. The bids are then announced from the lowest price to the
				highest, including the contractor's name and the total dollar amount of their
				bid.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-7 - Evaluation of Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Immediately following the bid opening, the Division begins to assess all the
				bids to determine which should be accepted. The review process will examine if
				the bid is considered responsive and if the bid analysis confirms the bid is
				valid. The Division always reserves the right to reject all bids if it is
				deemed to be in the best interest of the State of West Virginia.
7.2. The conditions for disqualifying bidders
				are:
7.2.a. A bidder may only submit one
				proposal for the work, and submitting more than one proposal by an individual,
				firm or corporation may result in disqualification.
7.2.b. The bidder is required to provide an
				affidavit attesting their bid was prepared and submitted without collusion with
				other bidders. Any evidence of collusion among bidders will likely result in
				both bidders being ineligible to bid future Department work until reinstated.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-8 - Lowest responsible bidder

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Division is required to accept the
				lowest responsible bidder. The bids are opened and compared based on the total
				price, which reflects the sum of the contractor's unit price per item and the
				estimated quantities. The contractor submitting the lowest overall cost is
				declared the low bidder.
8.2. A
				responsible bidder is defined as a contractor that is ready, able and willing
				to furnish the labor and materials required to complete the contract, complies
				with all the applicable laws of West Virginia, and has supplied a valid bid
				bond or proposal guaranty (W. Va. Code §
									5-22-1).
				It is not enough to just submit the lowest price - the bidder must also be
				considered responsible as defined by these statutes.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-9 - Tied bids

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In the
				event there is a tie between the low bidders, where the total price submitted
				is identical for two or more bidders, the low bidder will be decided by lot,
				which is described as follows. The Division will place the names of the
				contractors in a container and have the State Highway Engineer draw a name. The
				drawing will be witnessed by at least three persons, and if time permits, the
				contractors should be given an opportunity to attend the drawing.
9.2. The Division may consider whether each
				tied bidder is responsive and has complied with all other State and Federal
				requirements, including labor laws and business concerns, before drawing lots.
				The Division may remove a bidder from the lot if the bidder is determined
				unresponsive or out of compliance.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-10 - Disadvantaged business enterprises (DBE)

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When a proposal contains the
				requirement for participation by DBEs, the participation goal the contractor
				submits will be compared to the project goals contained in the proposal. If the
				contractor's goal meets or exceeds the stated goals in the proposal, the bid is
				considered responsive (with respect to the DBE special provision) and may be
				accepted. If the contractor's goals do not meet the stated goals in the
				proposal, the contractor may be asked to demonstrate that a good faith effort
				was made to subcontract work to DBE firms, but the efforts were unsuccessful.
				If the contractor's goals do not meet expectations and the contractor cannot
				demonstrate a good faith effort, the bid may be rejected and awarded to the
				next lowest bidder.
10.2. The
				Division considers the DBE goals for a project to be an essential component of
				the work and contractors who fail to make a reasonably good faith effort risk
				having their bids rejected.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-12 - Clarification

Current through Register Vol. XLI, No. 28, July 12, 2024
Seeking clarifications from the contractor is an acceptable
				  tool to use when appropriate and may provide the Department with valuable
				  insight. However, negotiating with the contractor during the period following
				  the opening of the bids and before the award is expressly prohibited by federal
				  law. There can be no change to the terms or pricing of the contract at this
				  time.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-01 - WV Ethics Commission › Section 158-1-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
						Scope. -- This rule sets forth the practice and procedure established by the
						West Virginia Ethics Commission for maintaining the confidentiality of
						communications and documents in accordance with the West Virginia Governmental
						Ethics Act, (hereafter referred to as the "Act") W. Va. Code §
									6B-1-1 et seq.
1.2. Authority. -- W. Va. Code §§
									6B-2-2 and
						6B-2-4.
1.3. Filing Date. -- April 14,
						2006.
1.4. Effective Date. -- April
						20, 2006.
1.5. This rule repeals
						and replaces the previous rule filed with the Secretary of State on July 6,
						1993. The previous rule, with modification, has been refiled as a procedural
						rule with the designation 158 CSR 19.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-01 - WV Ethics Commission › Section 158-1-2 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
						Confidentiality Requirements.
2.1.a. The
						Commission and Review Board shall keep all matters or information received by
						the Commission and the Review Board relating to a complaint, including the
						identity of the complainant and respondent, confidential except as otherwise
						provided by the Ethics Act, chapter 6-B of the West Virginia Code, or this
						Rule.
2.1.b. If the respondent
						agrees in writing to a release of information, the Commission or Review Board
						may disclose any information relating to a complaint or an investigation to the
						public at any time.
2.1.c. Upon a
						finding by the review board that probable cause exists to believe that there
						has been a violation of chapter six-B of the West Virginia Code, the complaint
						and all reports, records, non-privileged and non-deliberative material used to
						determine probable cause of a violation are thereafter not
						confidential.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-02 - Advisory Opinions › Section 158-2-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
						Scope. -- This legislative rule sets forth the practice and procedure
						established by the West Virginia Ethics Commission for carrying out its
						responsibilities in the issuance of advisory opinions pursuant to the West
						Virginia Governmental Ethics Act, (hereafter referred to as the "Act") W. Va.
						Code '6B-1-1 et seq.
1.2. Authority. -- W. Va. Code '6B-2-2.
1.3. Filing Date. -- July 6, 1993.
1.4. Effective Date. -- September 1,
						1993.
1.5. Repeal of Former Rule.
						-- This rule repeals and replaces procedural rule for the West Virginia Ethics
						Commission, Advisory Opinions, 158 CSR 2.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-02 - Advisory Opinions › Section 158-2-2 - Advisory Opinions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All
						persons subject to W. Va. Code '6B-1-1 et seq. may
						make application for an advisory opinion. All applications for advisory
						opinions must be written and directed to the West Virginia Ethics Commission at
						the Litton Building, 1207 Quarrier Street, Charleston, West Virginia
						25301.
2.2. All applications for
						advisory opinions must contain the name, address and telephone number of the
						applicant in the event additional information is needed.
2.3. All applications for advisory opinions
						should fully describe the applicant's official position, employment, or status
						under the Act.
2.4. All
						applications for advisory opinions should contain an explanation or paragraph
						summarizing the conduct for which the application is being made.
2.5. The Commission shall respond within
						thirty days from the receipt of the application by issuing an advisory opinion
						on the matter raised in the application. The date of receipt by the Commission
						is the Commission's next regular monthly meeting.
2.6. When additional information is needed to
						fully respond to the advisory opinion application the Commission may extend the
						thirty day period until the necessary information is supplied by the applicant
						or until the Commission's next regular meeting.
2.7. All advisory opinions are published and
						indexed in the Code of State Rules by the Secretary of State whose office can
						provide copies to the public upon request.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-03 - Purchase, Sale Or Lease Of Personal Property › Section 158-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						legislative rule establishes guidelines for the purchase, sale or lease of
						personal property by full-time public officials or employees from persons under
						their regulatory control or from persons who either have a contract or who are
						seeking to contract with the public agency by whom they are employed.
1.2. Authority. -- W. Va. Code §
									6B-2-5(h).
1.3. Filing Date. -- June 8, 2009.
1.4. Effective Date. -- July 1,
						2009.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-03 - Purchase, Sale Or Lease Of Personal Property › Section 158-3-2 - Exemptions to Prohibitions on Transactions Between Public Officials and Employees and Regulated Persons or Vendors

Current through Register Vol. XLI, No. 28, July 12, 2024
A full-time public official or full-time public employee
							prohibited from purchasing, selling or leasing personal property to or from a
							regulated person or vendor pursuant to the provisions of W. Va. Code §
									6B-2-5(h) may
							nevertheless engage in the prohibited transaction:
2.1. If the transaction exclusively involves
						personal property, including consumer goods, purchased, sold or leased through
						a commercial establishment which offers the same personal property for sale or
						lease to the general public.
2.2.
						If the total value of the personal property involved has a fair market value of
						$25.00 or less, or
2.3. After
						seeking and obtaining the approval of the Commission in the manner provided by
						section 3 of this rule.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-03 - Purchase, Sale Or Lease Of Personal Property › Section 158-3-3 - Request for An Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
						full-time public official or full-time public employee prohibited from
						purchasing, selling or leasing personal property to or from a regulated person
						or vendor pursuant to the provisions of W. Va. Code §
									6B-2-5(h) may
						request that the Executive Director of the West Virginia Ethics Commission
						approve the transaction notwithstanding the statutory prohibition.
3.1.a. The request shall be submitted and
						approved prior to any agreement to conduct such a transaction may be made or
						completed.
3.1.b. The request shall
						be in writing and include the following information:
3.1.b.1. The name of the public official's or
						employee's supervisor and the name of the agency or governing body to whom he
						or she reports;
3.1.b.2. The facts
						and circumstances concerning how the public official or employee became aware
						that the personal property in question was for sale or lease;
3.1.b.3. The agreed purchase or lease price
						of the personal property;
3.1.b.4.
						A good faith estimate of the fair market value of the personal property and the
						particular information relied upon by the public official or employee in making
						this good faith estimate; and,
3.1.b.5. A statement that the purchase would
						not affect the ability of the public official or employee to perform his or her
						public job responsibilities.
3.1.c. The request must be addressed to the
						Executive Director at the following address: West Virginia Ethics Commission,
						210 Brooks Street, Suite 300, Charleston, WV 25301.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-04 - Guidelines And Standards For Determining The Existence Of Disqualifying Financial Interests › Section 158-4-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
						Scope. -- This rule sets forth the guidelines and standards established by the
						West Virginia Ethics Commission for use by the School Building Authority and
						the Regional Jail and Correctional Facility Authority in identifying persons
						and business entities required to be disqualified from providing services to
						the Authorities in connection with the issuance of bonds or other
						securities.
1.2. Authority. -- W.
						Va. Code §§
									18-9D-17(c) and
						31-20-28(c).
1.3. Filing Date. -- April 7, 1995.
1.4. Effective Date. -- April 10,
						1995.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-04 - Guidelines And Standards For Determining The Existence Of Disqualifying Financial Interests › Section 158-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Person and
						business entity" means an individual, corporation, association, firm,
						partnership, limited partnership, committee, or other organization or group of
						persons, irrespective of the denomination given the organization or
						group.
2.2. "Specified services"
						are the services provided by an investment adviser, underwriter, broker,
						dealer, government securities broker, government securities dealer, transfer
						agent, attorney, bond counsel, trustee or accountant.
2.3. "Person associated with" means
						connection with a person or business entity as an employee who exercises
						discretion in the operation of the entity, or as an officer, trustee, agent, or
						the owner of an interest in the business entity greater than ten per cent (10%)
						or thirty thousand dollars ($30,000).
2.4. "Substantial financial investment" means
						an aggregate financial commitment of $1,000 or more by a person or business
						entity and/or any person associated with them.
2.5. "Significant financial interest" means
						an interest worth one thousand dollars ($1,000) or more.
2.6. "Designated public servant" means a
						public officer, employee, agent or attorney of State government with the
						authority to make, or join in making, or who, lacking such authority has in
						fact personally and substantially influenced the making of, discretionary
						actions of the Authority regarding the issuance of bonds or other securities.
						Members of the West Virginia Legislature will not be considered designated
						public servants, unless they are found by the Authority to have personally and
						substantially influenced its discretionary action.
2.7. "Authority" means the West Virginia
						School Building Authority and the West Virginia Regional Jail and Correctional
						Facility Authority.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-04 - Guidelines And Standards For Determining The Existence Of Disqualifying Financial Interests › Section 158-4-3 - Guidelines and Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
						Authority shall consider it contrary to the public interest for a person or
						business entity to provide, and they are disqualified from providing, specified
						services to the Authority in regard to the issuance of bonds or other
						securities, if after notice and an opportunity for a hearing the Authority
						finds that they, or any person associated with them:
3.1.1. Gave or promised to give to a
						designated public servant, or a member of his or her immediate family, any
						special rate or terms, not available to the general public, of more than $25
						value;
3.1.2. Gave or promised to
						give any political contribution in excess of the allowable limits as set forth
						in W. Va. Code §
										3-8-1, et seq., to a designated
						public servant or to a political campaign committee of a designated public
						servant;
3.1.3. Gave or promised to
						give a gift of more than twenty-five dollars ($25.00) value to a designated
						public servant or a member of his or her immediate family;
3.1.4. Made any form of an employment offer
						to a designated public servant or member of his or her immediate family as an
						inducement to receive favorable consideration in a contract for specified
						services; or
3.1.5. Currently has,
						or has offered to make in the future, a substantial financial investment in any
						business transaction in which a significant financial interest is held by a
						designated public servant, or a member of his or her immediate
						family.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						procedural rule sets forth the practice and procedure to be followed in
						adjudicating or otherwise resolving complaints against state administrative law
						judges who are subject to the code of conduct promulgated by the West Virginia
						Ethics Commission in accordance with W. Va. Code §
									6B-2-5a and contained in 158 CSR
						13.
1.2. Authority. -- W. Va. Code
						§
									6B-2-5a.
1.3. Filing Date. -- February 16,
						2005.
1.4. Effective Date. -- March
						18, 2005.
1.5. 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.
1.6. Availability of
						Rules - This rule is on file in the Office of the Secretary of State, and
						copies are available at the commission's office at 1207 Quarrier Street, Suite
						407, Charleston, West Virginia 25301.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Committee"
						means the West Virginia Ethics Commission Committee on Standards of Conduct for
						Administrative Law Judges created in accordance with 158 CSR 13 § 5.1,
						acting in the capacity of an investigative panel.
2.2. "Complainant" means a person who files a
						complaint with the ethics commission.
2.3. "Respondent" means a person against whom
						a complaint has been filed with the ethics commission.
2.4. "Subpoena" means an official document
						requiring the appearance of an individual at a given time and place.
2.5. "Subpoena duces tecum" means an official
						document requiring that an individual named to appear at a given time and place
						must bring a specific document or documents.
2.6. "Verified Complaint" means a complaint
						which has been reduced to writing and duly verified by oath or affirmation
						before a notary public.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-3 - Filing Verified Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any person may file a verified complaint
						with the committee regarding the conduct of a person or persons subject to the
						Code of Conduct for Administrative Law Judges in 158 CSR 13.
3.2. A duly verified complaint must be filed
						with the committee at 1207 Quarrier Street, Suite 407, Charleston, West
						Virginia 25301.
3.3. The executive
						director or his or her designee shall within three working days of receipt in
						the committee's office acknowledge the verified complaint by first class
						mail.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-4 - Acceptance or Dismissal of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In considering a complaint, the
						committee shall act in the capacity of an investigative panel. The
						investigative panel must first determine whether the allegations stated in the
						complaint, if taken as true, would constitute a material violation of 158 CSR
						13.
4.2. If two members of the
						investigative panel determine that the complaint does not contain allegations
						which would constitute a material violation of 158 CSR 13, then the
						investigative panel shall dismiss the complaint by order. A copy of the order
						shall be sent to the complainant by first class mail.
4.3. If the investigative panel determines
						that the allegations of the complaint, if taken as true, would constitute a
						material violation of this 158 CSR 13, then the executive director or his or
						her designee shall give notice of the initiation of an investigation (Notice of
						Investigation) by the panel to the complainant and respondent.
4.4. The Notice of Investigation, accompanied
						by a copy of the complaint, shall be mailed to the parties and be sent to the
						respondent by certified mail, return receipt requested, marked "Addressee only,
						personal and confidential."
4.5.
						The Notice of Investigation shall describe respondent's conduct which is the
						basis for the alleged violation of 158 CSR 13.
4.6. The Notice of Investigation shall advise
						the respondent that the purpose of the investigation is to determine whether
						probable cause exists to believe a violation of the Code of Conduct for
						Administrative Law Judges has occurred which may subject the respondent to
						sanctions by the West Virginia Ethics Commission.
4.7. The Notice of Investigation shall also
						inform the respondent that he or she has the right to appear and make an oral
						response before the investigative panel if he or she reserves the right to make
						an appearance in writing within fifteen (15) days of the date of
						notice.
4.8. The Notice of
						Investigation shall also inform the respondent that he or she may respond in
						writing to the investigative panel within thirty (30) days of receipt of the
						notice, which time may be extended by the chairman of the investigative panel
						upon good cause shown by the respondent.
4.9. The Notice of Investigation shall also
						advise the respondent that his or her failure or refusal to respond to a fact
						or allegation is not taken as an admission of the truth of that fact or
						allegation.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-5 - Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
						investigative panel has forty five (45) days following the mailing of notice of
						investigation to consider:
5.1.a. The
						allegations raised in the complaint;
5.1.b. Any timely received written response
						of respondent;
5.1.c. Any oral
						response received from the respondent;
5.1.d. Other competent, relevant evidence
						submitted by any person to the commission; and
5.1.e. Other competent, relevant evidence
						gathered by the commission.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-6 - Findings of Probable Cause

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If a majority of the investigative panel
						fails to find probable cause the proceedings shall be dismissed by order of the
						commission signed by a majority of the members of the investigative
						panel.
6.2. The commission order
						shall be signed by the majority members of the panel and copies of the order
						shall be sent to complainant and respondent within three days of execution of
						the order by the panel members.
6.3. If a majority of the investigative panel
						finds probable cause to believe that a violation under 158 CSR 13 has occurred
						the majority members of the investigative panel shall sign an order directing
						the commission staff to prepare a statement of charges and to schedule a
						hearing within sixty (60) days after the date of the order.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-7 - Confidentiality Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
						The commission shall keep all matters or information received by the commission
						and the investigative panel relating to a complaint, including the identity of
						the complainant and respondent, confidential except as otherwise provided by
						this rule.
7.2. If the respondent
						agrees in writing to a release of information, the commission may disclose any
						information relating to a complaint or an investigation to the public at any
						time.
7.3. Upon a finding by an
						investigative panel that probable cause exists to believe that there has been a
						material violation of one of the prohibitions in 158 CSR 13, the complaint and
						all reports, records, non-privileged and non-deliberative material used to
						determine probable cause of a violation are thereafter not confidential:
						Provided, That confidentiality of the information remains in full force and
						effect until the respondent has been served by the commission with a copy of
						the investigative panel's order finding probable cause and with the statement
						of charges.
7.4. After a finding of
						probable cause any subsequent hearing held for the purpose of receiving
						evidence or the arguments of the parties or their representatives shall be open
						to the public and all reports, records and non-deliberative materials
						introduced into evidence as well as the commission's orders, are not
						confidential.
7.5. The complaint as
						well as the identity of the complainant shall be disclosed to a person named as
						respondent in any complaint filed with the commission immediately upon the
						respondent's request.
7.6. The
						commission may release any information relating to an investigation at any time
						if the release has been agreed to in writing by the respondent.
7.7. The commission may order a person filing
						a complaint to be bound to confidentiality if the commission makes a finding
						that there is a reasonable likelihood that the dissemination of information
						regarding a pending or imminent proceeding will interfere with a fair hearing
						or otherwise prejudice the due administration of justice.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-8 - Notice of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If
						an investigative panel finds probable cause to believe a violation of 158 CSR
						13 has occurred, the executive director shall serve respondent by certified
						mail, return receipt requested, a notice of the hearing at least forty-five
						(45) days prior to the date of the hearing.
8.2. The notice shall contain a statement of
						the charges, and provide the date, time, and place of the hearing.
8.3. Copies of the panel's order finding
						probable cause and the statement of charges shall be forwarded to the
						government agency where the respondent is or was employed or was under contract
						at the time of the events alleged as a violation of 158 CSR 13.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-9 - Continuances

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The scheduled
						hearing may be continued only upon a showing of good cause by either party
						prior to the hearing.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-10 - Hearing Board and Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The commission members who have not
						served as members of the investigative panel in a particular case shall
						comprise a hearing board responsible for adjudicating the case. A hearing
						examiner shall be employed by the commission to preside at the taking of
						evidence at the hearing and issue a recommended decision. The hearing examiner
						shall be known as the "presiding officer" at the hearing as that term is used
						in these rules.
10.2. The
						qualifications of the hearing examiner shall conform to the requirements of 158
						CSR 13. Hearing examiners must be attorneys licensed to practice in West
						Virginia, with a minimum of three years experience in the practice of
						law.
10.3. The hearing examiner
						will be selected by the chairperson of the commission, subject to approval at
						the next meeting by a majority vote of the commission members present and
						voting.
10.4. The hearing examiner
						presiding at a hearing may:
10.4.a. administer
						oaths and affirmations;
10.4.b.
						compel the attendance of witnesses and issue subpoenas for witnesses as
						provided in this rule;
10.4.c.
						compel the production of documents and issue subpoenas duces tecum as provided
						in this rule;
10.4.d. examine
						witnesses and parties;
10.4.e. rule
						on offers of proof;
10.4.f. rule on
						evidentiary matters;
10.4.g.
						regulate the course of the hearing;
10.4.h. hold conferences for the settlement
						or simplification of issues by consent of the parties;
10.4.i. dispose of procedural requests or
						similar matters;
10.4.j. accept
						stipulated agreements;
10.4.k. take
						other action authorized by the ethics commission consistent with the provisions
						of 158 CSR 13 and this rule; and,
10.4.l. continue the hearing date upon motion
						of the respondent or commission where good cause is shown.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-11 - Disqualification of Hearing Examiners

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A party seeking the disqualification of
						a hearing examiner must file a written, verified motion stating the facts and
						reasons for disqualification. The motion should be filed at least fifteen (15)
						days prior to a scheduled hearing or state, with particularity, why it is filed
						later.
11.2. The hearing examiner
						may disqualify himself or herself without a hearing or may refuse to do so and
						inform the parties that a hearing is necessary.
11.3. A member of the investigative panel
						assigned to the case shall be appointed by the commission chairman to hear and
						decide a motion for disqualification. The hearing shall be held no sooner than
						three days and no later than seven days after the motion is filed, unless the
						parties agree to a shorter or longer time period.
11.4. The party seeking disqualification of
						the hearing examiner may make a full record. The costs thereof, including the
						cost of court reporter services, witness fees and expenses shall be borne by
						the moving party unless the moving party prevails on the motion or makes a
						showing of indigence.
11.5. The
						investigative panel member assigned to hear the motion for disqualification
						shall issue a written decision on the motion as soon as practicable, but no
						later than seven days after the motion was heard. If a motion is granted the
						commission chairperson shall appoint a new hearing examiner no later than seven
						days after the decision on the motion is received. If the motion is denied the
						hearing examiner shall proceed to hear the case within the time frame set forth
						in the notice of hearing or, if necessary and upon a showing of good cause,
						shall reschedule the hearing to a later date.
11.6. The decision on the merits of a motion
						to disqualify a hearing examiner shall be considered interlocutory in nature
						and not subject to direct or immediate appeal, except that this rule shall not
						prohibit any party from seeking redress by appropriate extraordinary
						remedy.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-12 - Prehearing Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
						Information which is exempt from discovery includes, but is not limited to the
						following:
12.1.a. any record, report,
						memorandum, or communication dealing with the internal practice, policy and
						procedure of the commission.
12.1.b. any record, report, memorandum, or
						communication of the staff or commission member regarding the institution,
						progress or result of an investigation of a complaint.
12.1.c. the work product of an investigator
						or other staff member made in the course of an investigation of a complaint, or
						in preparation for an investigative panel, or in anticipation of or in
						preparation for a hearing on the complaint.
12.1.d. any memorandum, statement or opinion
						prepared or directed to be prepared by legal counsel to the
						commission.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-14 - Findings of Fact, Conclusions of Law, and Briefs

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any party, within fifteen (15) days
						from the conclusion of the hearing, may submit proposed findings of fact,
						conclusions of law and a brief containing argument. All proposed findings of
						fact, conclusions of law and briefs shall be filed with the West Virginia
						Ethics Commission at 1207 Quarrier Street, Charleston, West Virginia
						25301.
14.2. Findings of fact shall
						be limited to the facts admitted into evidence at the hearing or made part of
						the record and any facts found through judicial notice.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-15 - Decision by Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The hearing examiner shall prepare a
						recommended decision following the fifteen (15) day period after the hearing
						reserved to the parties to submit proposed findings of fact, conclusions of law
						and any briefs containing argument.
15.2. The hearing examiner has forty five
						(45) days from receipt of the proposed findings and conclusions from the
						parties to issue his or her recommended decision.
15.3. The hearing examiner shall serve copies
						of this recommended decision on the parties by certified mail, return receipt
						requested, and submit the recommended decision, along with the entire record,
						to the commission for final decision by the hearing board.
15.4. The commission members who have not
						served as members of the investigative panel in a particular case shall
						comprise the hearing board responsible for making the commission's final
						determination on a complaint.
15.5.
						The parties may submit briefs to the commission's hearing board in support of
						or in opposition to the hearing examiner's recommended decision within fourteen
						(14) days of receipt of the recommended decision.
15.6. The commission's hearing board shall
						then have forty-five days (45) within receipt of the entire record to make a
						final decision on behalf of the commission.
15.7. Any party may request an opportunity to
						make an oral argument to the hearing board members prior to their deliberations
						on the hearing examiner's recommended decision and the imposition of
						appropriate sanctions, if applicable. The request must be made in writing and
						submitted with the party's brief regarding the hearing examiner's recommended
						decision filed pursuant to section 15.1 of this rule. Oral argument shall not
						exceed ten (10) minutes for each presentation, unless for good cause the period
						is extended by the chairperson of the hearing board.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-16 - Hearing Board Record

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
						exclusive record for decision is:
16.1.a. the
						transcript or recording of testimony at the hearing;
16.1.b. exhibits introduced into evidence at
						the hearing;
16.1.c. all documents
						filed in the proceeding, and
16.1.d. the proposed decisions and any briefs
						submitted by the parties.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-17 - Final Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. All
						final decisions of the commission must be in writing and copies mailed within
						three days of the final decision by certified mail, return receipt requested,
						to all parties.
17.2. A final
						decision must be approved by at least six members of the commission's hearing
						board.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-18 - Recusal of Ethics Commissioners

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Members of the commission shall recuse
						themselves from a particular case upon their own motion with the approval of
						the commission or for good cause shown upon motion of a party. The remaining
						members of the commission shall by majority vote, select a temporary member to
						serve in the place of a recused member.
18.2. The temporary replacement for a recused
						commission member shall be a person of the same status or category provided in
						W. Va. Code §
									6B-2-1(b) as the
						recused member.