reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-05 - High-Growth Business Investment Tax Credit › Section 117-5-4 - Application for the Tax Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prerequisites to Claiming the Tax Credit
				-- No tax credit is allowed or may be applied under the Statute until the
				taxpayer seeking to claim the credit has:
4.1.a. Filed with the Authority a written
				application for the tax credit on forms provided by the Authority;
4.1.b. Filed with the Authority the research
				and development program or project certification issued pursuant to W. Va. Code
				§
										11-13R-6
				for the qualified research and development company that will benefit from the
				investment;
4.1.c. Filed with the
				Authority a certified copy of its certificate of incorporation, articles of
				organization, certificate of formation of limited partnership or statement of
				limited liability partnership, as appropriate; and
4.1.d. Received from the Authority
				certification of the amount of tax credit to be allocated to the eligible
				taxpayer, as described in subsection 4.9 of this Rule.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-05 - High-Growth Business Investment Tax Credit › Section 117-5-5 - Application of the Tax Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Business Franchise Tax. -- The tax
				credit is first applied to reduce taxes imposed upon the eligible taxpayer by
				W. Va. Code §
									11-23-1 et
				seq. for the taxable year (determined after application of the credits against
				tax provided in W. Va. Code §
									11-23-17,
				but before application of any other allowable credits against tax).
5.2. Corporation Net Income Taxes. -- After
				application of subsection 5.1 of this Rule, any unused tax credit is next
				applied to reduce the taxes imposed upon the eligible taxpayer by W. Va. Code
				§
									11-24-1 et
				seq. for the taxable year (determined before application of allowable credits
				against tax).
5.2.a. If the eligible taxpayer
				is a limited liability company, an electing small business corporation (as
				defined in section 1361 of the United States Internal Revenue Code of 1986, as
				amended), or a partnership, any unused tax credit remaining after application
				of subsections 5.1 and 5.2 of this Rule is allowed as a tax credit against the
				taxes imposed by W. Va. Code §
										11-24-1 et
				seq. on owners of the eligible taxpayer.
5.2.a.1. Electing small business
				corporations, limited liability companies, and partnerships shall allocate the
				tax credit allowed by the Statute among their owners in the same manner as
				profits and losses are allocated for the taxable year.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-05 - High-Growth Business Investment Tax Credit › Section 117-5-6 - Restrictions on Investment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Alter Ego. -- No qualified investment
				may be made in a qualified research and development company that is the alter
				ego of the eligible taxpayer.
6.2.
				Time Requirement for Investment.
6.2.a. The
				eligible taxpayer shall maintain its qualified investment for a minimum period
				of five years.
6.2.b. An eligible
				taxpayer that receives repayment or return of a qualified investment (exclusive
				of interest, dividends, or other earnings on the investment) shall within three
				calendar months from the date of repayment or return of its investment,
				reinvest the repaid or returned amount of the initial investment in another
				qualified research and development company for a period of time at least equal
				to the remainder of the initial five-year term.
6.2.c. An eligible taxpayer that fails to
				maintain a qualified investment for the required five-year minimum period shall
				pay to the Tax Commissioner a penalty equal to all of the tax credits asserted
				under the Statute by the eligible taxpayer with interest, calculated at the
				rate set forth in W. Va. Code §
										11-10-17a,
				from the date the tax credits were certified as allocated to the eligible
				taxpayer. The Tax Commissioner shall give notice to the eligible taxpayer of
				any imposed penalties. The penalty shall be assessed and collected in the same
				manner as tax. The Tax Commissioner shall deposit any amounts received as a
				result of a penalty in the general revenue fund.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-05 - High-Growth Business Investment Tax Credit › Section 117-5-7 - Tax Credit Review and Accountability

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Generally. -- Beginning February 1,
				2006, and on the first day of February every third year thereafter, the Tax
				Commissioner shall submit to the governor, the president of the Senate, and the
				speaker of the House of Delegates a tax credit review and accountability report
				evaluating the cost effectiveness of the tax credit allowed under the Statute
				during the most recent three-year period for which information is
				available.
7.2. Termination. -- The
				requirement to file the tax credit review and accountability report terminates
				on June 30, 2011, unless the credit program terminates sooner.
7.3. Criteria for Evaluation. -- The criteria
				to be evaluated includes, but is not limited to, for each year of the
				three-year period:
7.3.a. The number of
				eligible taxpayers claiming the tax credit;
7.3.b. The net number, type, and duration of
				new jobs created in West Virginia by all qualified research and development
				companies in which taxpayers claiming the tax credit made investments and the
				wages and benefits paid by the qualified research and development companies to
				persons filling the new jobs;
7.3.c. The cost of the tax credit;
7.3.d. The cost of the tax credit per new job
				created; and
7.3.e. Comparison of
				employment trends for the industry and for taxpayers within the industry that
				claim the tax credit.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-05 - High-Growth Business Investment Tax Credit › Section 117-5-8 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General Rule.
				-- All information submitted to the Authority is confidential and not subject
				to public disclosure when filed with the Authority, except as otherwise
				provided in this section and in the Statute.
8.2. Application Information. -- All
				information submitted to the Authority pursuant to an application for
				designation as an eligible taxpayer and documents related to the application,
				are confidential and not subject to public disclosure when filed with the
				Authority, except the following:
8.2.a. The
				full legal name of the applicant;
8.2.b. The mailing and office addresses and
				telephone number of the applicant; and
8.2.c. The name of a person to contact for
				the applicant.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-05 - High-Growth Business Investment Tax Credit › Section 117-5-9 - General Procedure and Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Requirements to Claim the Tax Credit. --
				To claim this tax credit, a taxpayer shall comply with the Statute and this
				Rule, and shall timely provide complete and accurate forms, schedules and other
				information required by the Tax Commissioner.
9.1.a. The taxpayer shall file required
				forms, schedules and information requested by the Tax Commissioner by the due
				date of the return for the taxes against which the tax credit is to be applied,
				with regard to any extension of time for filing but without regard to any
				extension of time for payment.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule is to ensure appropriate procedures will be followed and to
				ensure controls are in place for the purchase of goods and services.
1.2. Authority. -- W.Va. Code §
									31-15-6.
1.3. Filing Date. --July 31, 2020.
1.4. Effective Date. -- August 31,
				2020.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Accountant" means any member of the
				Authority staff with a job title of Accountant and a Division of Personnel
				Class Specification title of Financial Reporting Specialist III.
2.2. "Associate Director" means the Associate
				Director of the Authority.
2.3.
				"Authority" means the West Virginia Economic Development Authority, a public
				corporation and governmental instrumentality, created and established under W.
				Va. Code §§
									31-15-1 et
				seq.
2.4. "Best value procurement
				method" means are quest for proposal.
2.5. "Bid" or "bids" means anything that a
				vendor submits in response to a solicitation that constitutes an offer to the
				agency and includes, but is not limited to, documents submitted in response to
				a request for quotation, proposals submitted in response to a request for
				proposal, or proposals submitted in response to an expression of
				interest.
2.6. "Bid Evaluator"
				means the Executive Director, the Associate Director, the Director of Financial
				Services or any Accountant.
2.7.
				"Board" means the governing body of the Authority.
2.8. "Director of Financial Services" means
				the Director of Financial Services of the Authority.
2.9. "Executive Director" means the Executive
				Director of the Authority, or his or her designated representative.
2.10. "RFP" means Request for
				Proposal.
2.11. "State" means the
				State of West Virginia.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-3 - Overview

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Authority is charged with the
				responsibility to develop and advance the business prosperity and economic
				welfare of the State by providing financial assistance in the form of loans,
				direct financing and operating leases to industrial development agencies and
				enterprises for the promotion and retention of new and existing commercial and
				industrial development.
The Authority receives no appropriations from the State's
				  General Revenue Fund. Further, the Authority is exempt from the State's
				  procurement policy. On a monthly basis management presents an overview of the
				  previous months financial performance compared to budget and provides the Board
				  a detailed list of purchasing card (PCARD) purchases.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-4 - Purchasing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each payment will be evaluated based on
				the total amount that will be paid to a vendor during the fiscal year. The
				Authority will document the evaluation of each payment with a copy of the
				invoice or the executed contract, if applicable. If any purchase or expenditure
				does not involve a contract, documentation should be included as backup to the
				request for payment and copied with the payable/voucher. Each purchase or
				expenditure will be evaluated and approved as non-recurring unless it is a
				known recurring payment. If the purchase or expenditure is a known recurring
				payment it will be evaluated based on the total recurring amount of all
				payments and approved accordingly based on the total recurring payment amount.
				In the event a one-time expenditure becomes a recurring payment, the
				expenditure will be re-evaluated and documented at the point the expenditure
				became a recurring payment and approved based on the total recurring payment
				amount.
4.2. Requirements for
				purchases up to $5,000:
4.2.1. No formal bid
				process is required.
4.2.2.
				Approval(s) on the request for payment will serve as documentation of the
				decision of reasonableness and will be copied with the payable.
4.2.3. The purchase must receive the approval
				of the Executive Director, Associate Director or the Director of Financial
				Services.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-5 - Bid Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each Bid Evaluator must certify that no
				financial, personal, or other conflict of interest exists relating to any
				vendor or vendor representative that has submitted a bid. The Authority may
				develop a form that Bid Evaluators can sign for certification
				purposes.
5.2. From the time a
				requisition is submitted to the Authority for public advertisement until an
				award is made, Bid Evaluators are not permitted to communicate with vendors
				about the solicitation or any component thereof.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-6 - Best Value Procurement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Requests for quotation are the preferred
				method of procurement, but the Authority may utilize a best value procurement
				method to procure goods, services, or printing. To utilize an RFP, there must
				be adequate justification explaining why an evaluation based on price and
				compliance with specifications alone would not be adequate. Each RFP shall be
				reviewed and approved in writing that it is in the best interest of the
				Authority.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-7 - Open End Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Authority may secure open end
				contracts to obtain commodities, services, or printing to supply the repetitive
				needs of the Authority.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-8 - Permitted Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Sole-Source Provider. Exceptions may be
				made to the provisions of this rule in instances where there is a "sole-source"
				provider.
8.2. Board Approved
				Emergency Exceptions. The Board may grant management of the Authority the
				ability to approve purchases or expenditures exceeding $10,001 through a motion
				for emergency matter. The motion must identify the project and the types of
				purchases or expenditures. Management must present to the Board on an after the
				fact basis all payments approved through the emergency matter
				exception.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-9 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Contract Cancellation.
9.1.1. The Executive Director or Associate
				Director may cancel a purchase a purchase or contract immediately under any one
				of the following conditions including, but not limited to:
9.1.1.a. The vendor agrees to the
				cancellation;
9.1.1.b. The vendor
				has obtained the contract by fraud, collusion, conspiracy, or is in conflict
				with any statutory or constitutional provision of the State;
9.1.1.c. Failure to honor any contractual
				term or condition or to honor standard commercial practices;
9.1.1.d. The existence of an organizational
				conflict of interest is identified;
9.1.1.e. Violation of any federal, state, or
				local law, regulation, or ordinance, and
9.1.1.f. The contract was awarded in
				error.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-10 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Authority shall suspend from
				bidding on Authority purchases up to one (1) year, any vendor violating this
				procedural rule.
10.2. Any person
				receiving anything of value from a known interested party in awarding a
				purchase order or contract is subject to the provisions of W.Va Code §
									5A-3-28,
				29, 30 and 31 unless otherwise determined by the State Ethics
				Commission.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-06 - Purchasing Procedures › Section 117-6-11 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If any word, phrase, or provision of
				this rule is held to be invalid, the remainder of the rule shall, to the
				fullest extent possible, not affected by that holding.
West Virginia Code of State Rules › Agency 119 - Tax And Revenue, Secretary of › Title 119 - LEGISLATIVE RULE DEPARTMENT OF TAX AND REVENUE SECRETARY OF TAX AND REVENUE › Series 119-301 - Registration Of Telemarketers › Section 119-301-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				telemarketing registration fees and factors the Secretary of Tax and Revenue
				considers when assessing civil administrative penalties.
1.2. Authority. -- The authority for this
				rule is W. Va. Code ''29A-3-15, 46A-6F-301 and 46A-6F-303.
1.3. Filing Date. -- April 9, 1999.
1.4. Effective Date. -- April 9,
				1999.
1.5. Official Citation. --
				The official citation of this rule is title 119, series 301 of the West
				Virginia Code of State Rules. Sections of this rule may be cited as 119
				W.Va.C.S.R. ' _______, or 119 C.S.R. '_______.
West Virginia Code of State Rules › Agency 119 - Tax And Revenue, Secretary of › Title 119 - LEGISLATIVE RULE DEPARTMENT OF TAX AND REVENUE SECRETARY OF TAX AND REVENUE › Series 119-301 - Registration Of Telemarketers › Section 119-301-2 - Registration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General. --
				The Secretary of Tax and Revenue may charge reasonable application and renewal
				fees. These fees are deposited in the Telemarketer Registration Fund created in
				the State Treasury and used to administer and enforce the registration
				requirements of W. Va. Code '46A-6F-1 et seq. and this rule.
2.2. Fees.
2.2.1. Initial application fee --
				$250.00
2.2.2. Renewal fee --
				$250.00
2.2.3. Discount. B If the
				telemarketer registers at the Secretary=s web site, or renews its registration
				at the Secretary=s web site, the applicant will be allowed a $50
				discount.
West Virginia Code of State Rules › Agency 119 - Tax And Revenue, Secretary of › Title 119 - LEGISLATIVE RULE DEPARTMENT OF TAX AND REVENUE SECRETARY OF TAX AND REVENUE › Series 119-301 - Registration Of Telemarketers › Section 119-301-3 - Failure to Register or Meet Security Requirement; Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Civil administrative penalty. -- The
				Secretary may assess any person subject to this rule a civil administrative
				penalty of not more than $5,000 per violation if the person does any of the
				following:
3.1.1. Acts as a telemarketer
				without first registering with the Secretary as required by W. Va. Code
				'46A-6F-301;
3.1.2. Acts as a
				telemarketer without first meeting the security requirements set forth in W.
				Va. Code '46A-6F-302, unless the telemarketer is exempt from the security
				requirements;
3.1.3. Acts as a
				telemarketer after failing to maintain a certificate of registration as
				required by W. Va. Code ' 46A-6F-301;
3.1.4. Acts as a telemarketer without
				furnishing the security required by W. Va. Code '46A-6F-302;
3.1.5. Acts as a telemarketer without
				maintaining the amount of security required by W. Va. Code
				'46A-6F-302;
3.1.6. Includes any
				material information on a registration application, or on a renewal
				application, that is false or misleading; or
3.1.7. Misrepresents that the telemarketer is
				registered with the Secretary.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule shall govern the conduct of the
				  committee and shall be interpreted to insure fair and open deliberations and
				  decision making. This rule is intended to comply with requirements of the State
				  Administrative Procedures Act, the government open meetings laws and the State
				  Freedom of Information Act.
1.2. Authority. -- W. Va. Code §§
									6-9A-3; 29A-3-3;
				  and 29B-1-3(5).
1.3. Filing Date. -- August 28, 2003.
1.4. Effective Date. -- September 27,
				  2003.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-2 - Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The members of the committee shall at the first meeting
				  at which there is a quorum elect, by majority vote, a chair, a vice chair and a
				  secretary.
2.2. The members shall also determine, by majority vote, the
				  name of the committee.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-3 - Technical Parliamentary Forms Abolished

Current through Register Vol. XLI, No. 28, July 12, 2024
Except as specifically required by this rule, the committee shall not use any formal points of parliamentary order, personal privilege, parliamentary inquiry or other technical forms.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-4 - Matters Not Covered By These Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
Any matter, procedure or order not covered by these rules shall be referred to the presiding officer who shall decide the matter in conformity with the purpose of these rules in a fair and expeditious manner. The decision of the presiding officer may be reversed by a majority vote of the committee.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-5 - Interpretation

Current through Register Vol. XLI, No. 28, July 12, 2024
These rules are intended to supplement and be interpreted to conform to the statutes of the State of West Virginia.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-6 - Expenses of Private Citizen Members of Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Members of the committee who are not employed in the
				  executive branch of State government shall be reimbursed their reasonable and
				  necessary expenses for attending meetings of the committee, including any
				  public hearing scheduled by the committee.
6.2. Expenses shall be reimbursed in accordance with the
				  Governor's Travel Management Regulations for State Employees.
6.3. Claims for reimbursement of expenses shall be submitted
				  directly to the Executive Director of the West Virginia Development
				  Office.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-7 - Conflicts of Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A member of the committee may not decide, evaluate or
				  vote on the award of a grant, or on whether to approve or not approve creation
				  of a downtown redevelopment district, when the member has a conflict of
				  interest.
7.2. A member who believes that he or she has a conflict of
				  interest shall request in open meeting a ruling from the presiding officer
				  after having fully disclosed the extent of his or her interest in the economic
				  development project, capital improvement project, infrastructure development
				  project or downtown redevelopment district.
7.3. The ruling of the presiding officer may be reversed by
				  majority vote of the committee.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-11 - Time and Place of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Meetings. - Meetings of the committee shall be at the
				  call of the chair, or upon the request of five members of the committee. When
				  prudent, discussion of the next meeting of the committee shall be the last
				  Agenda item of the then current meeting.
11.1.a. The committee is required to meet and approve or not
				  approve an application to create a downtown redevelopment district within 30
				  days after receiving the application.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-12 - Quorum

Current through Register Vol. XLI, No. 28, July 12, 2024
A majority of all members appointed to the committee, by or pursuant to the provisions of W. Va. Code §
									29-22-18a, shall constitute a quorum for transaction of all business, except that a quorum shall not be required to hold a public hearing at which no vote is taken of the committee.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-13 - Electronic Participation by Committee Members

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. To allow more members of the committee to participate
				  in public meetings and hearings the committee will allow members to participate
				  using the telephone or the Internet provided at least four members of the
				  committee are physically present in the room where the public meeting is being
				  held, and at least one committee member is physically present in the room where
				  the public hearing is being held, and the sound system in the room and the
				  electronic equipment is such that the committee members participating
				  electronically can hear what is being said by all members of the committee
				  participating in the meeting and any person from the public making a
				  presentation or answering questions of the committee, and all of the committee
				  members and the public physically present in the meeting or hearing room can
				  reasonably hear what is being said by the committee member(s) who is
				  participating electronically.
13.2. A member participating electronically in a meeting may
				  vote for or against any motion offered by a member of the committee that is
				  seconded by another committee member. The moving member and the seconding
				  member may be physically present or be participating electronically or be any
				  combination thereof.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-21 - Agenda

Current through Register Vol. XLI, No. 28, July 12, 2024
Prior to each regular meeting, the secretary of the committee shall publish an agenda that contains all items the committee anticipates acting upon at the meeting. The committee may adopt the agenda as presented, or may amend the agenda as provided by these rules and may adopt the agenda as amended.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-22 - Agenda Deadline

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Any member of the committee may have an item included
				  on the agenda by requesting the secretary to include the item by 5:00 p.m. on
				  the Tuesday preceding the Wednesday by which the agenda must be filed in the
				  State Register in order to comply with the open meetings laws of this
				  State.
22.2. If a meeting is to be held on a Sunday, Monday, Tuesday
				  or Wednesday, notice of the meeting must be published in the State Register by
				  noon on the second Wednesday immediately preceding the day of meeting.
22.3. If a meeting is to be held on a Thursday, Friday or
				  Saturday of the calendar week immediately following publication of the State
				  Register, notice of the meeting must be filed by noon on the Wednesday
				  preceding the Friday publication of the State
				  Register.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-23 - Extra Items

Current through Register Vol. XLI, No. 28, July 12, 2024
Items requested or filed after 5:00 p.m. on the Tuesday preceding the deadline for filing the Agenda in the State Register shall not be included on the Agenda unless a committee member deems the item of sufficient urgency to warrant immediate committee action. These items shall be designated as "Extra" items and will be considered at the end of the regular Agenda. The secretary shall record on the Extra item the name of the sponsoring committee member.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-24 - Reconsideration; Sponsor Required

Current through Register Vol. XLI, No. 28, July 12, 2024
The secretary shall not place on the Agenda any matter for reconsideration unless sponsored by a committee member who voted on the originally prevailing side or who was absent at the time of the original action.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-25 - Withdrawal of Items

Current through Register Vol. XLI, No. 28, July 12, 2024
Only the committee member requesting the placement of an item on the Agenda may withdraw the item prior to the filing of the Agenda in the State Register, but in withdrawing the item the member shall identify the reason therefore which reason shall be transmitted to the committee.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-26 - Committee Action to Defer, Continue or Not Act

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Except as provided in Rule 25, a member of the
				  committee shall not withdraw any Agenda item prior to the start of a
				  meeting.
26.2. A committee member wishing the committee to continue,
				  defer, or not act on an Agenda item has a right to make and have a his or her
				  motion to continue, defer, or not act on any Agenda item considered before any
				  other act that the committee may consider on the Agenda
				  item.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-31 - Roll Call

Current through Register Vol. XLI, No. 28, July 12, 2024
Before proceeding with the business of the committee, the secretary shall call the roll call of members present, and enter the name in the minutes of the meeting. The secretary shall determine the presence of a quorum as required by these rules.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-32 - Call to Order

Current through Register Vol. XLI, No. 28, July 12, 2024
The chair or vice chair of the committee shall call the meeting to order at the appointed hour. In the absence of the chair or vice chair, the secretary shall call the meeting to order and a temporary presiding officer shall then be selected under Rule 33.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-33 - Presiding Officer

Current through Register Vol. XLI, No. 28, July 12, 2024
The chair, or in the chair's absence or incapacity, the vice chair, shall be the presiding officer at the meeting of the committee. If both the chair and the vice chair are absent, the secretary shall call the meeting to order and the members present shall select a presiding officer by majority vote. In the absence of a majority vote, the secretary shall remain and continue to be the presiding officer of the meeting.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-34 - Control of Discussion

Current through Register Vol. XLI, No. 28, July 12, 2024
The presiding officer shall control the discussion of the committee on each Agenda item to assure full participation in accordance with these rules.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-35 - Order of Consideration of Agenda Items

Current through Register Vol. XLI, No. 28, July 12, 2024
Except as otherwise provided in these rules, each Agenda item shall be considered in the numerical order assigned by the secretary. Each Agenda item shall be separately announced by the presiding officer, or the secretary, for purposes of discussion and consideration. To announce an item it shall be sufficient to identify the item by the number assigned and summary provided by the secretary.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-36 - Discussion

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. A committee member shall speak only after being
				  recognized by the presiding officer. A committee member recognized for a
				  specific purpose shall limit his or her remarks to that purpose. A committee
				  member, after being recognized, shall not be interrupted except by the
				  presiding officer to enforce these rules.
36.2. Each committee member shall limit his or her remarks to
				  a reasonable length.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-37 - Presiding Officer's Right to Enter into Discussion and Speak Last

Current through Register Vol. XLI, No. 28, July 12, 2024
37.1. The presiding officer as a member of the committee may
				  enter into any discussion.
37.2. The presiding officer has the right to close debate and
				  speak last on any item.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-38 - Closing Debate

Current through Register Vol. XLI, No. 28, July 12, 2024
Discussion shall be closed on any item by the presiding officer with concurrence of a majority of the committee. Except as provided by Rule 75, the presiding officer's call for the vote shall not close discussion if any member of the committee still wishes to be heard or the presiding officer determines the continued participation of citizens will be helpful to the committee.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-39 - Written Ballots and Proxy Votes Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
No member of the committee may vote by secret or written ballot and no member may cast the vote of another member.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-41 - When Committee May Go Into Executive Session

Current through Register Vol. XLI, No. 28, July 12, 2024
41.1. The committee may hold an executive session only when
				  one of the exceptions allowed by W. Va. Code §
									6-9A-4 applies.
41.2. Reasons for an executive session include, but are not
				  limited to:
41.2.a. To discuss any material the disclosure of which would
				  constitute an unwarranted invasion of an individual's privacy such as any
				  records, data, reports, recommendations or other personal material of any
				  educational, training, social service, rehabilitation, welfare, housing,
				  relocation, insurance and similar program or institution operated by a public
				  agency pertaining to any specific individual admitted to or served by the
				  institution or program, the individual's personal and family circumstances, as
				  allowed by W. Va. Code §
										6-9A-4(b)(6).
41.2.b. To consider matters involving or affecting the
				  purchase, sale or lease of property, advance construction planning, the
				  investment of public funds or other matters involving commercial competition,
				  which if made public, might adversely affect the financial or other interest of
				  the state or any political subdivision: Provided, That information relied on
				  during the course of deliberations on matters involving commercial competition
				  are exempt from disclosure under the open meetings requirements of this article
				  only until the commercial competition has been finalized and completed:
				  Provided, However, that information not subject to release pursuant to the West
				  Virginia freedom of information act does not become subject to disclosure as a
				  result of executive session, as allowed by W. Va. Code
				  §
										6-9A-4(b)(9).
41.2.c. To discuss any matter which, by express provision of
				  federal law or state statute or rule of court is rendered confidential, or
				  which is not considered a public record within the meaning of the State Freedom
				  of Information Act as set forth in W. Va. Code §§
										29B-1-1 et seq., as
				  allowed by W. Va. Code §
										6-9A-4(b)(12).
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-42 - Motion for Executive Session Required

Current through Register Vol. XLI, No. 28, July 12, 2024
A motion to go into executive session must include the reason(s) for going into executive session, must be seconded by another member, and approved by a majority of committee members participating in the meeting.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-43 - Executive Sessions Not Open to Public

Current through Register Vol. XLI, No. 28, July 12, 2024
Meetings of the commission shall be open to the public except during the time the committee meets in executive session as provided in this rule.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-44 - Decisions During Executive Session Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
No decisions may be made during an executive session of the committee.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-51 - Citizen's Right to Address Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
51.1. Persons other than committee members shall be permitted to address the committee only upon specific Agenda items, which may include an Agenda item called "General Public Comment Period."
51.2. Persons desiring to address the committee shall register to speak prior to the start of the committee meeting. The form for registration shall require the following information:
(1) name of the person,
(2) mailing address,
(3) telephone number where the person may be reached
				  during the day,
(4) the person's group affiliation, if any, and (4) the Agenda
				  item to which the person desires to speak. If the person does not desire to
				  speak to a particular Agenda item, the person shall identify the subject matter
				  about which he or she wishes to speak.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-52 - Manner of Addressing Committee; Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
A person desiring to address the committee shall, after being recognized, step to the podium, state his or her name, address, and group affiliation (if any), and speak clearly into the microphone.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-53 - Time Limits on Citizen's Remarks

Current through Register Vol. XLI, No. 28, July 12, 2024
53.1. Citizens shall be limited to five minutes speaking time
				  per item, unless additional time is granted by the presiding officer. Total
				  citizen in-put on any subject under committee consideration can be limited to a
				  fixed period by the presiding officer. A majority vote of the committee may
				  extend the time limitations of this rule.
53.2. This rule shall not apply to persons whom the committee
				  has asked to come and address the committee. They shall have such time as the
				  presiding officer or the committee allows for the presentation, including any
				  question and answer period.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-54 - Remarks of Citizens to be Germane

Current through Register Vol. XLI, No. 28, July 12, 2024
54.1. Citizen comments must be directed to a specific item on
				  the Agenda, unless the comments are offered during a general public comment
				  period when the public may comment on any aspect of the work of the
				  committee.
54.2. The presiding officer shall rule on the germaneness of
				  citizen remarks. The ruling may be initiated by the presiding officer or
				  pursuant to a point of order raised by a member of the committee.
54.3. Citizens making personal, impertinent, or slanderous
				  remarks shall be barred by the presiding officer from further comment before
				  the committee during that meeting.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-55 - Matters Not on Agenda

Current through Register Vol. XLI, No. 28, July 12, 2024
The committee may, in its discretion, allow citizens who wish to raise a matter not on the Agenda to speak.
West Virginia Code of State Rules › Agency 120 - Economic Development Grant Committee › Title 120 - PROCEDURAL RULE WEST VIRGINIA ECONOMIC DEVELOPMENT GRANT COMMITTEE › Series 120-01 - Committee Meetings, Organization And Operations › Section 120-1-56 - Written Comments after Public Meeting

Current through Register Vol. XLI, No. 28, July 12, 2024
56.1. Any person, whether in attendance or not in attendance
				  at a public meeting of the committee, may within ten days after the public
				  meeting submit written comments to the secretary of the committee on any item
				  in the Agenda for the public meeting.
56.2. Depositing the comments in the United States mail,
				  postage prepaid, in an envelope addressed to the secretary of the committee, on
				  the 10th day shall be deemed compliance with this
				  rule. If the 10th day falls on a Saturday, Sunday or
				  legal holiday in this State, compliance shall be timely if the postmark bears
				  the date of the next day that is not a Saturday, Sunday or legal holiday in
				  this State.