reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-21 - Rule Pertaining to the Fintech Regulatory Sandbox › Section 106-21-5 - Information Sharing Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commissioner may enter into
				information sharing agreements with other governmental agencies or
				self-regulatory organizations to carry out the purpose of the regulatory
				sandbox program or for any other purpose relating to the sandbox.
5.2. The Commissioner may participant in
				multi-jurisdictional agreements to further the purposes of the regulatory
				sandbox program.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-21 - Rule Pertaining to the Fintech Regulatory Sandbox › Section 106-21-6 - Applicability of Administrative Due Process Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Existing administrative procedure laws
				and rules which are applicable to a particular program or body of law shall
				apply to the extent not inconsistent with the regulatory sandbox program. If a
				sandbox participant would have required a license as a money transmitter, for
				example, to operate outside of the sandbox, those administrative procedure laws
				applicable to money transmitters would apply.
6.2. If a sandbox participant offers a
				product or service that would normally require a license in more than one
				program or body of law, the Commissioner shall use the procedural laws and
				rules most applicable to the product or service at issue.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-21 - Rule Pertaining to the Fintech Regulatory Sandbox › Section 106-21-7 - Partnership with Existing Financial Institution

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commissioner or his or her designee
				shall make available a list of financial institutions currently licensed and
				regulated by the Division of Financial Institutions upon request of an
				applicant.
7.2. An applicant shall
				attest on its application that it has either entered into a partnership with an
				existing financial institution to access the market in West Virginia to test an
				innovative product or service or demonstrate that it has in good faith
				attempted to establish a partnership with an existing financial institution in
				this state.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-21 - Rule Pertaining to the Fintech Regulatory Sandbox › Section 106-21-8 - Disclosures Related to Activity in Other Sandbox Jurisdictions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Applicants
				must disclose whether they have conducted a similar test of the same product or
				services or a similar product or services in another jurisdiction operating a
				sandbox program.
8.2. An applicant
				must also submit the following information as a part of the application
				process:
8.2.1. A copy of any approved or
				denied application by the applicant that was submitted to another jurisdiction
				operating a sandbox program, if any.
8.2.2. A statement concerning whether the
				applicant's regulatory sandbox participation elsewhere, if any, were successful
				or not, or remain ongoing.
8.2.3.
				A statement by the applicant describing any complaints tied to its regulatory
				sandbox participation in another jurisdiction, if any, and their status or
				resolution.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-22 - Exempt Purchasing › Section 106-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule contains the procedures of the West Virginia Division of Financial
				Institutions for procurements exempt from the requirements of the West Virginia
				State Purchasing Division in compliance with W. Va. Code §
									5A-1-12,
				under which agencies exempt from some or all of the requirements of Chapter 5A
				of the West Virginia Code are to adopt purchasing procedures.
1.2. Authority. -- W. Va. Code §
									5A-1-12,
				W. Va. Code §
									31A-8A-8,
				W.Va. Code §
									31A-8D-7,
				W. Va. Code §
									31A-8E-8,
				and W. Va. Code §
									31A-8F-22.
1.3. Filing Date. -- February 16,
				2021.
1.4. Effective Date. -- April
				1, 2021.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-22 - Exempt Purchasing › Section 106-22-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency" or
				"DFI" means the West Virginia Division of Financial Institutions.
2.2. "Award" means the written determination
				of the selection of a vendor to perform under a contract issued after
				encumbrance and final approval by the agency.
2.3. "Bid" means an offer by a vendor in
				response to a procurement document to provide services in accordance with the
				specifications of the agency-issued procurement document.
2.4. "Change order" means a written
				modification or amendment to an agency issued contract in the manner provided
				in the contract or upon the mutual consent of DFI and the vendor.
2.5. "Contract" means the binding agreement
				entered into between DFI and a vendor to provide the services requested in the
				procurement and includes a purchase order.
2.6. "Direct award" means the procurement
				method to award a contract to a vendor able to provide the services without
				competitive bidding when there is no known competition.
2.7. "FOIA" means the Freedom of Information
				Act found in W. Va. Code §
									29B-1-1 et
				seq.
2.8. "Non-disclosure
				agreement" means a contract between two or more parties to prohibit the release
				of information defined in the agreement as confidential, sensitive, or private
				in a manner that violates the non-disclosure agreement.
2.9. "Procurement" means the process of
				contracting for or otherwise acquiring, receiving, or maintaining services in
				accordance with this rule.
2.10.
				"Procurement document" means any document and all attachments related to
				acquiring services.
2.11.
				"Responsible vendor" means a vendor believed to have the capability to perform
				a contract and the integrity and reliability to assure good faith
				performance.
2.12. "Responsive
				vendor" means a vendor submitting a bid that conforms in all material respects
				to the requirements and specifications of a procurement document.
2.13. "Services" means intangible items, that
				include labor, time, expertise, maintenance, software, and service agreements.
2.14. "State" means the State of
				West Virginia.
2.15. "Vendor"
				means a person or entity considering or submitting a bid or a person or entity
				that has been awarded the contract.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-22 - Exempt Purchasing › Section 106-22-3 - General information

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. DFI
				procurements for services shall be centrally processed at DFI to provide
				economical and efficient services at a reasonable cost.
3.2. The requirements or limitations in a
				procurement document shall be reasonable in consideration of DFI
				needs.
3.3. Documentation shall be
				maintained by the agency for all procurements and purchases to protect the
				processes.
3.4. DFI shall solicit
				an unrelated agency to audit exempt procurements and exempt purchasing
				processes and files every two years beginning in 2023 to cover the period of
				the effective date of this rule through December 31, 2022, and then every two
				years thereafter. When DFI does not utilize any exempt procurement, no audit
				shall be required.
3.5. DFI
				contracts shall comply with all applicable laws, rules, and regulations.
				Procurement documents must contain standard agency terms and conditions to aid
				in compliance with West Virginia law.
3.6. Every contract issued shall contain a
				clause that permits the agency to cancel the contract upon 30 days' written
				notice to the vendor without penalty.
3.7. Bids shall not be altered and are
				considered public records available for review or copying after they are
				opened. After award, the entire file shall be public records and available for
				review or copying unless otherwise exempt by law.
3.8. Use of a purchasing card offered through
				the West Virginia State Auditor's Office may be required in any procurement if
				use is determined appropriate.
3.9. Negotiation may be used to finalize a
				contract and when needing a change order to amend or modify a current contract.
				Negotiation of a change in scope is permitted when circumstances dictate. A
				justification for a negotiated change order must be included in the file.
3.10. The agency shall abide by
				the West Virginia Ethics Act and the associated promulgated rules and shall not
				make a purchase from a conflicted vendor or a vendor with a significant
				financial interest as prohibited under the West Virginia Ethics Act.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-22 - Exempt Purchasing › Section 106-22-4 - Purchasing requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Documentation associated with all procurements shall be maintained in files in
				accordance with DFI record retention policy.
4.2. All purchases of services shall be
				subject to expenditure approval.
4.3. Contracts shall be issued for all
				procurements regardless of dollar amounts to assist with tracking and ensure
				proper internal controls.
4.4.
				Vendors shall be responsible for submitting a correct and accurate bid to the
				agency by the specified bid opening time, date, and location and in accordance
				with the procurement documents.
4.5. A vendor shall not commence work on any
				procurement without receipt of the awarded contract and any required notice to
				proceed. The agency shall not be responsible for any work by a vendor prior to
				and not in accordance with the contract awarded.
4.6. Commissioner approval is required to
				obtain any services using an exempt procurement pursuant to this rule.
4.7. DFI will utilize the Direct
				Award method of procurement because the service and vendor to be sought
				pursuant to the identified statutory authority is on the "Impossible to Bid"
				list set forth in Section 9 of the West Virginia State Purchasing Division
				Procedures Handbook,
4.8. When
				competitive bidding is not expressly required by statute and not used for a
				direct award, DFI will evaluate vendors based upon the following criteria,
				where applicable, and will document its evaluation:
4.8.1. Overall experience;
4.8.2. Professional certifications or
				designations;
4.8.3. Company
				specific experience;
4.8.4. Company
				type experience;
4.8.5. Knowledge
				of company or line of business;
4.8.6. Prior work for the agency;
4.8.7. Professional reputation;
4.8.8. Availability and commitment to
				required timeframes;
4.8.9.
				Adequacy of staffing, including the ability of assigned staff members to
				complete the contract without substitution;
4.8.10. Quality of work;
4.8.11. Experience with Conference of State
				Bank Supervisors' accreditation review process and knowledge of federal agency
				examination guidelines;
4.8.12.
				References from other state bank regulators or subject matter
				experts;
4.8.13. Projected
				costs;
4.8.14. Conflicts of
				interest;
4.8.15. Support services
				available to the vendor, including but not limited to information technology
				services; and
4.8.16. Any other
				guidelines or procedures DFI considers appropriate.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-22 - Exempt Purchasing › Section 106-22-5 - Vendor complaints and protests

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Complaints - A vendor may verbally or in
				writing complain about a procurement or purchase to the agency. The agency will
				provide a written response to the complaint.
5.2. Protests
5.2.1. Types of Protests
5.2.1.a. Protests of Requirements,
				Specifications or Terms - Any protest relating to a procurement document,
				including any requirement, specification, or term, or any combination thereof,
				must be filed in writing with DFI no later than five business days prior to the
				specified bid opening date and time. Protests received after that date shall
				not be considered.
5.2.1.b. Direct
				Awards - Any vendor desiring to protest the specifications of a planned direct
				award may do so prior to five working days before the direct award process
				opening date. Any vendor desiring to protest a direct award may do so within
				five working days of the direct award.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-22 - Exempt Purchasing › Section 106-22-6 - Public records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				bid shall be available to the public after opening unless otherwise exempt by
				law.
6.2. Procurement documents
				shall inform vendors that the entire agency file for that procurement and any
				resulting contract will be considered public documents after award. As public
				documents, procurement documents may be disclosed to the public following the
				award of a contract in accordance with FOIA. Any bid or other document in a
				procurement file may be disclosed pursuant to a FOIA request even if the bid or
				other document contains statements or labels attempting to prevent disclosure,
				such as confidential, trade secret, private, or any other claim.
6.3. The agency shall not be liable for any
				disclosure of a procurement document pursuant to this rule.
6.4. If a vendor requests the agency execute
				a non-disclosure agreement to protect portions of its bid from disclosure, it
				must make the request at least one week prior to the date of the bid opening. A
				non-disclosure agreement may be executed at any time to prospectively protect
				any procurement documents, contracts, or information.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-22 - Exempt Purchasing › Section 106-22-7 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person who
				authorizes or approves a purchase or contract in violation of federal or state
				law, this rule, or any policy or procedure adopted by the agency may be held
				personally liable for the cost of the procurement or contract. Procurements and
				contracts violating federal or state law or this rule are void and of no
				effect.
7.2. The agency will follow
				vendor suspensions and debarments by the federal government or the West
				Virginia State Purchasing Division.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-23 - Rule Pertaining to Money Transmission Services › Section 106-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule establishes provisions related to the regulation of money
				transmission services, implemented in West Virginia Code §§
									32A-2-1,
et
				seq.
; it applies to all entities licensed under that
				statute.
1.2. Authority. -- W.Va.
				Code §§
									32A-2-7 and
				31A-2-4.
1.3. Filing Date. -- April 14,
				2023.
1.4. Effective Date. -- July
				1, 2023.
1.5. Sunset Provision. -
				This rule will terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-23 - Rule Pertaining to Money Transmission Services › Section 106-23-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				General Rule. - Unless a specific definition is provided in subsection 2.2 of
				this section, or the context in which the term is used clearly requires a
				different meaning, the terms used in this rule have the definitions provided in
				W.Va. Code §§
									31A-1-2 and
				32A-2-1,
et
				seq.
2.2. Terms defined.
2.2.1. "Eligible rating" means a credit
				rating of any of the three highest rating categories provided by an eligible
				rating service, whereby each category may include rating category modifiers
				such as "plus" or "minus" for Standard & Poor's (S&P), or the
				equivalent for any other eligible rating service. Long-term credit ratings are
				deemed eligible if the rating is equal to A- or higher by S&P, or the
				equivalent from any other eligible rating service. Short-term credit ratings
				are deemed eligible if the rating is equal to or higher than A-2 or SP-2 by
				S&P, or the equivalent from any other rating service. In the event that
				ratings differ among eligible rating services, the highest rating shall apply
				when determining whether a security bears an eligible rating.
2.2.2. "Eligible rating service" means any
				Nationally Recognized Statistical Rating Organization (NRSRO) as defined by the
				U.S. Securities and Exchange Commission, and any other organization designated
				by the commissioner by rule or order.
West Virginia Code of State Rules › Agency 106 - Banking › Title 106 - LEGISLATIVE RULE COMMISSIONER OF FINANCIAL INSTITUTIONS › Series 106-23 - Rule Pertaining to Money Transmission Services › Section 106-23-3 - Permissible Investments

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Cash
				and cash equivalents. In addition to the permissible investments enumerated in
				W. Va. Code §
									32A-2-8b(e)(1),
				cash and cash equivalents shall also include automated clearing house (ACH)
				items in transit to the licensee and ACH items or international wires in
				transit to a payee, cash in transit via armored car, cash in smart safes, cash
				in licensee-owned locations, debit card or credit card-funded transmission
				receivables owed by any bank, or money market mutual funds rated "AAA" by
				S&P, or the equivalent from any eligible rating services.
3.2. Irrevocable Letters of Credit.
3.2.1. The irrevocable letter of credit
				authorized by W. Va. Code §
										32A-2-8b(e)(4)
				must:
3.2.1.a. Be issued by a federally
				insured depository financial institution, a foreign bank that is authorized
				under federal law to maintain a federal agency or federal branch office in a
				state or states, or a foreign bank that is authorized under state law to
				maintain a branch in a state that:
(1) bears
				an eligible rating or whose parent company bears an eligible rating; and
(2) is regulated, supervised, and
				examined by United States federal or state authorities having regulatory
				authority over banks, credit unions, and trust companies;
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-01 - Procedural Rules - WV Board Of Banking And Financial Institutions › Section 107-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules shall regulate practice and procedure before this Board with regard
				to hearings and the discharge of general administrative duties.
1.2. Authority. -- W. Va. Code ''31A-3-2(a),
				29A-3-3 and 29A-4-1.
1.3. Filing
				Date. -- July 31, 1995.
1.4.
				Effective Date. -- August 31, 1995.
1.5. Amendments. -- These rules may be
				amended by action of this Board in conformity with W. Va. Code '29A-3-1
				et seq.
1.6. Applicability. --
				These rules and any repeals or amendment thereof shall apply in the form
				obtaining at the time any matter subject hereto shall first be
				initiated.
1.7. Conflict. -- These
				rules shall be controlling in all matters before this Board except insofar as
				any rule may be in conflict with the provisions of the Constitution or any
				statute of the State of West Virginia, in which event such constitutional or
				statutory provisions shall take precedence over any rule.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-01 - Procedural Rules - WV Board Of Banking And Financial Institutions › Section 107-1-3 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notice of
				hearing. -- Notice of time and place shall be given to all parties who may be
				interested in any hearing as provided by law, except for emergencies as
				provided by West Virginia Code, subsection (e), section three, article three,
				chapter thirty-one-a.
All notices required by statute or rule shall be sufficient
				  if served as required by law upon a party or his attorney of record.
3.2. Place of hearing. -- The
				Board or its designee shall determine the location and time of any hearing. All
				hearings shall be open to the public.
3.3. Representation. -- A party may represent
				himself if a natural person, but if a corporation or association or other
				entity, must be represented by an attorney duly licensed to practice in the
				State of West Virginia.
3.4.
				Hearing tribunal; Duties and powers. -- Unless otherwise provided by this rule,
				any matter requiring a hearing may be heard by the Board, by a panel of the
				Board, or by a single Board member or hearing examiner designated by the Board
				to conduct such hearing. The Board or its designee shall be empowered to:
a) schedule and provide notice of the hearing
				and any prehearing conferences pursuant to law;
b) grant specific extensions of time,
				including the continuance of hearings, on its own motion or upon motion by a
				party, or by stipulation of all parties, for good cause shown, within the
				timelines established by law;
c)
				subpoena witnesses and documents;
d) administer oaths and
				affirmations;
e) examine witnesses
				under oath;
f) rule on evidentiary
				questions;
g) maintain order in the
				hearing room, and may inter alia exclude any person engaging in improper or
				disruptive conduct;
h) conduct all
				proceedings in a fair and impartial manner, and ensure that all hearings are
				conducted and completed in a timely manner;
i) issue a written decision containing
				findings of fact and conclusions of law.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-01 - Procedural Rules - WV Board Of Banking And Financial Institutions › Section 107-1-4 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If any
				provision of these rules or the application thereof to any person or
				circumstance shall be held invalid, such invalidity thereof shall not affect
				the provision or application of the rules which can be given effect without the
				invalid provisions or application, and to this end the provisions of these
				rules are declared severable.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-02 - Open Meetings Reg For The WV Board Of Banking And Financial Institutions › Section 107-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These regulations establish general rules pertaining to regular meetings,
				special meetings and emergency meetings of the West Virginia Board of Banking
				and Financial Institutions.
1.2.
				Authority. -- W. Va. Code '6-9A-3.
1.3. Filing Date. -- October 6,
				1981.
1.4. Effective Date. --
				November 6, 1981.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-05 - Rules Of WV Board Of Banking And Financial Institutions › Section 107-05-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
These rules shall regulate praciice and procedure before this
				  Board with regard lo hearings and the discharge of general adminisiraiive
				  duties.
1.2. Authority.
These rules are promulgated and adopted by virtue of West
				  Virginia Code, Chapter 31A, Article 3, Section 2(a) and Chapter 29A, Article 3,
				  Section 1(7).
1.3.
				Effective Date.
These rules were promulgated on the 1 Uh day of December,
				  1974-, and to become effective on the l0th day of January, 1975.
1.4. Filing Date.
These rules were filed in the Office of the Secretary of
				  Stale of West Virginia on the 11th day of December, 1974.
1.5 Amendments.
These rules may be amended by action of this Board in
				  conformity with West Virginia Code, Chapter 29A, Article 3,
1.6. Applicability.
These rules and any repeals or amendment thereof shall apply
				  in the form obtaining at the time any matter subject hereto shall first be
				  initiated.
1.7. Conflict.
These rules shall be controlling in all matters before this
				  Board except insofar as any rule may be in conflict with the provisions of the
				  Constitution or any statute of the State of West Virginia, in which event such
				  constitutional or statutory provision shall take precedence over any
				  rule.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-05 - Rules Of WV Board Of Banking And Financial Institutions › Section 107-05-2 - Declaratory Rulings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Permissive Parties.
Any person with a bona fide interest in any state of facts or
				  any rule or statute enforceable by this Board may by proper petition request a
				  declaratory ruling from this Board upon such matter.
2.2. Form of Petition.
The Petition shall be typewritten, shall concisely state the
				  matter upon which a declaratory ruling is sought, shall state why pciitioner
				  seeks such ruling, and shall be vcriried by peutioner, authorized agent or
				  attorney. Eight copies of petition shall be filed with the Banking
				  Commissioner.
2.3. Briefs.
Petitioner may file a brief and if such is done it may be
				  printed or typewritten, and eight copies shall be lodged with the Commissioner
				  simultaneously with the filing of the petition.
2.4. Hearings
If petitioner seeks a hearing before the Board, he shall so
				  state in his petition, in which event the Board shall hear petitioner at a time
				  and place to be determined by the Board within ninety days from the date of
				  request giving petitioner ten days notice of the hearing date and place.
2.5. Decision.
The Board shall render a written ruling upon tlie matter
				  requested by petitioner within thirty days after a hearing, if such is held, or
				  within sixty days after the filing of a petition, if no hearing is rquested.
2.6. Applicability of
				Decision.
Any ruling by the Board shall be binding upon the Board and
				  upon the party requesting the ruling upon the state of facts set forth in the
				  petition, but shall not be binding upon any other person.
2.7. Appeal.
A declaratory ruling of the Board shall be subject to review
				  as provided by law.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-06 - Open Meetings Reg For The WV Board Of Banking And Financial Institutions › Section 107-06-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - These
				regulations establish general rules oortaining to regular meetings, special
				meetings, and emergency meetings of the West Virginia Board of Banking and
				Financial Institutions.
1.2West
				Virginia Code, Chapter 6, Article 9A, Section 3.
1.3 Filing Date - These regulations are
				promulgated on the 5th of October, 1981, and filed on the 6th of October, in
				the Office of the Secretary of State.
1.4 Effective Date - These regulations become
				effective on the 6th of November, 1981.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - These
				regulations establish specific procedural rules pertaining to the processing of
				applications received from banking institutions to establish a branch bank by
				the construction, lease or acquisition of a facility in an unbanked area within
				the county in which is situate its principal office, pursuant to West Virginia
				Code § 31A-8-12C d)C2). -
1.2. Authority - These regulations are issued
				under authority of West Virginia Code §3lA-3-2-Ca)(1).
1.3. Filing Date - June 11, 1982.
1.4. Effective Date - June 11,
				19S2.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" -
				"Board" shall mean the West Virginia Board of Banking and Financial
				Institutions or the chairman of the West Virginia Board of Banking and
				Financial Institutions.
2.2. "OCC"
				- "OCC" shall mean the Office of the Comptroller of the Currency or the
				Regional Administrator of National Banks for the Fifth National Bank Region of
				the Office of the Comptroller of the Currency.
2.3. "Unbanked area" - An area is an
				"unbanked area" if no banking institution or branch bank created by merger and
				consolidation exists within the limits of an incorporated municipality.
2.4. "Contested unbanked area" -
				An unbanked area shall be deemed to be a "contested unbanked area" if more than
				two state and/or national banking institutions' applications to establish
				branch banks by the construction, lease or acquisition of facilities in the
				same unbanked area within the county in which is situate their principal
				offices have been received by the Board and/or the OCC before 5;00 p.m., June
				IS, 1982.
2.5* "Uncontested
				unbanked area" - An unbanked area shall be deemed to be an "uncontested
				unbanked area" if two or less state and/or national banking institutions'
				branch bank applications to establish branch banks by the construction, lease
				or acquisition of facilities in the same unbanked area within the county in
				which is situate their principal offices have been received by the Board and/or
				the OCC before 5:00 p.m., June 18, 1982.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-3 - Acceptance of applications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Acceptance of applications - The Board shall first accept applications to
				establish branch banks by the construction, lease or acquisition of a facility
				in an unbanked area within the county in which is situate their principal
				offices from state banking institutions on Jxine 11, 1982. Any application
				received before June 11, 1982 will not be deemed to have been received until
				June 11, 1982.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-5 - Separate branch bank applications for each unbanked area

Current through Register Vol. XLI, No. 28, July 12, 2024
5,01. Separate branch bank applications for each unbanked
				  area - A separate branch bank application and filing fee are required for each
				  unbanked area where a banking institution applies for a branch bank to be
				  established by the construction, lease or acquisition of a facility, provided,
				  however, that banking institutions will not be permitted to file more than one
				  branch bank application for a particular unbanked area. If a banking
				  institution files branch bank applications for more, than one unbanked area, it
				  must inform the Board, in writing, of its order of preference, at the time the
				  branch bank applications are filed. If "a state banking institution is selected
				  first or second in more than one contested unbanked area, the Board will review
				  only the branch bank application ranked highest in the order of preference
				  established by that banking institution.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-6 - Conditional approval of branch bank applications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Conditional approval of branch bank
				applications - Approval of a branch bank application for a branch bank to be
				established in a contested unbanked area shall be conditioned upon the banking
				institution establishing the branch bank and opening it for business no later
				than six months after Board approval of the application, provided, however,
				that the Coiamissioner of Banking may make a determination, upon a
				writt
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-7 - Procedures for processing branch bank applications- contested unbanked areas-received after 5:00 p.m., June 18, 1982

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Procedures for processing branch bank
				applications- contested unbanked areas-received after 5:00 p.m.", June 18, 1982
				- Any branch "bank application, with the location of the proposed branch bank
				being in a contested unbanked area, that is received after 5:00 p.m., June 18,
				1982, shall be processed only after all pending applications for the same
				contested unbanked area have been reviewed pursuant to 4.02 ab ove.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-8 - Procedures for processing branch bank applications- uncontested unbanked areas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Procedures
				for processing branch bank applications- uncontested unbanked areas - If an
				unbanked area is deemed to be an uncontested unbanked area, pursuant to 2.03
				above, branch bank applications, received before 5:.00 p.m., June 18, 1982, by
				banking institutions that want to establish a branch bank by the construction,
				lease or acquisition of a facility in that unbanked area, shall not be subject
				to the random selection described in 4.01 above, but shall be considered
				instead according to the standard procedures of the Board.
West Virginia Code of State Rules › Agency 107 - Banking And Financial Institutions › Title 107 - PROCEDURAL RULE WEST VIRGINIA BOARD OF BANKING AND FINANCIAL INSTITUTIONS › Series 107-08 - Procedural Rule Pertaining To The Processing Of Branch Bank Applications Received Pursuant To WV Code 31A-8-A2 (d) (2) › Section 107-08-9 - Regulations not applicable to branching by merger

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Regulations not applicable to branching
				by merger - Nothing contained in these regulations shall be construed to effect
				the processing of a banking institution's application to establish a branch
				bank by the purchase of the business and assets and assumption of the
				liabilities of, or merger or consolidation with, another banking institution,
				pursuant to West Virginia Code § 31A-8-12(d)(1).
West Virginia Code of State Rules › Agency 108 - Lending And Credit Rate Board › Title 108 - PROCEDURAL RULE WEST VIRGINIA LENDING AND CREDIT RATE BOARD › Series 108-01 - WV Lending And Credit Rate Board › Section 108-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These regulations establish general rules pertaining to regular meetings, special meetings, and emergency interim meetings of the West Virginia Lending and Credit Rate Board and govern the procedure for establishing the alternative maximum rate of interest and finance charge by the West Virginia Lending and Credit Rate Board.
1.2. Authority. -- W. Va. Code ''6-9A-3 and 47A-1-4.
1.3. Filing Date. -- April 16, 1993.
1.4. Effective Date. -- May 16, 1993.
West Virginia Code of State Rules › Agency 108 - Lending And Credit Rate Board › Title 108 - PROCEDURAL RULE WEST VIRGINIA LENDING AND CREDIT RATE BOARD › Series 108-01 - WV Lending And Credit Rate Board › Section 108-1-4 - Meeting Not Required

Current through Register Vol. XLI, No. 28, July 12, 2024
Notwithstanding any other provisions of W. Va. Code '47A-1-1 et seq. or this rule, the Board shall not be required to meet if no petition or written motion has been filed with the Board requesting a hearing and interest rates and economic conditions have not changed sufficiently to indicate that any change in the existing rate order would be required, and there are not at least two Board members who concur that a meeting of the Board is necessary. If the Board does not meet, the maximum rates of interest and finance charges prescribed by the Board in the existing rate order shall remain in full force and effect until the next time the Board meets and prescribes different maximum rates of interest and finance charges.
West Virginia Code of State Rules › Agency 109 - Municipal Bond Commission › Title 109 - PROCEDURAL RULES MUNICIPAL BOND COMMISSION › Series 109-01 - Rules Of Procedure covering board And executive committee meetings Of The WV Municipal Bond Commission › Section 109-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These regulations clarify and codify state law as it relates to the calling, publicizing, conducting and recording the Commission and executive committee meetings of the West Virginia Municipal Bond Commission; article three, chapter thirteen of the West Virginia Code.
1.2. Authority. -- W. Va. Code '13-3-6
1.3. Filing Date. -- February 10, 1984
1.4. Effective Date. -- March 12, 1984
West Virginia Code of State Rules › Agency 109 - Municipal Bond Commission › Title 109 - PROCEDURAL RULES MUNICIPAL BOND COMMISSION › Series 109-01 - Rules Of Procedure covering board And executive committee meetings Of The WV Municipal Bond Commission › Section 109-1-2 - Background

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Authorization of the Commission to consider these regulations.
(a) The West Virginia Municipal Bond Commission held its annual meeting, after proper public notice, on July 29, 1983, as prescribed by law. At the meeting, all five (5) commissioners being present, the Commission passed a unanimous resolution authorizing a meeting of the executive committee at a future date to act for said full Commission in the consideration and adoption of proposed rules of procedure for the Commission to follow in the calling, publicizing, conducting and recording of its meetings. These rules would codify and formalize the existing state statutes and ensure compliance of the Commission with the relevant West Virginia State Code.
(b) The Commission directed the executive secretary of the West Virginia Municipal Bond Commission to draw up and submit rules of procedure for the executive committee to consider at a meeting to be called by the chairman at a future date. The executive secretary submitted a draft of the proposed rules to the executive committee members on November 23, 1983.
(c) The chairman called a meeting of the executive committee to consider these proposed rules for December 20, 1983, and public notice of the meeting was filed with the State Register in the Secretary of State's office on December 1, 1983.
(d) At the executive committee meeting of December 20, the members considered the draft rules and with amendments, approved them. These proposed rules were filed with the office of the Secretary of State on December 20, 1983.
(e) A public meeting was held on January 24, 1984, in the Small Conference Room of Building Seven, State Capitol Complex, Charleston. There were no persons in attendance.
(f) Comment on these rules by written communication to the Municipal Bond Commission was permitted if postmarked no later than January 31, 1984. No written comments were received by the Commission by February 8, 1984.
(g) The executive committee of the Municipal Bond Commission met on February 9, 1984, following public notice of the meeting filed in the office of the Secretary of State on January 24, 1984.
(h) By unanimous vote of the executive committee, all members being present, the committee adopted these proposed rules of procedure and directed their filing with the office of the Secretary of State.
West Virginia Code of State Rules › Agency 109 - Municipal Bond Commission › Title 109 - PROCEDURAL RULES MUNICIPAL BOND COMMISSION › Series 109-01 - Rules Of Procedure covering board And executive committee meetings Of The WV Municipal Bond Commission › Section 109-1-3 - Commission Authorized

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Sinking Fund Commission. -- The State Sinking Fund Commission is a public agency of the West Virginia State Government, authorized by the West Virginia Legislature in 1921.
3.2. Municipal Bond Commission. -- The Commission's name was changed from the State Sinking Fund Commission to the West Virginia Municipal Bond Commission by the West Virginia Legislature in 1977 in section one, article three, chapter thirteen of the West Virginia Code.
West Virginia Code of State Rules › Agency 109 - Municipal Bond Commission › Title 109 - PROCEDURAL RULES MUNICIPAL BOND COMMISSION › Series 109-01 - Rules Of Procedure covering board And executive committee meetings Of The WV Municipal Bond Commission › Section 109-1-4 - Commission Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Members and officers. -- Under the provisions of sections two and three, article three, chapter thirteen of the West Virginia Code, the Commission shall be composed of five (5) members as follows:
(a) The State Tax Commissioner, ex officio, who shall be its chairman;
(b) The Treasurer of the State, ex officio, who shall be its treasurer;
(c) The Auditor of the State, ex officio, member; and
(d) Two (2) residents of the state appointed by the Governor, by and with the advice and consent of the Senate.
West Virginia Code of State Rules › Agency 109 - Municipal Bond Commission › Title 109 - PROCEDURAL RULES MUNICIPAL BOND COMMISSION › Series 109-01 - Rules Of Procedure covering board And executive committee meetings Of The WV Municipal Bond Commission › Section 109-1-5 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Regular and special meetings. -- The Commission shall hold at least three (3) meetings in each fiscal year, one (1) of which meetings shall be held in July and shall be the annual meeting. Such meetings shall be held on such dates and at such places as the Chairman may prescribe. Additional meetings may be held at the call of the chairman or upon written request of three (3) members at such time and place as designated in such call or request. Four (4) members of the Commission shall constitute a quorum.
5.2. Executive committee meetings. -- The State Tax Commissioner, the Treasurer of the State and the Auditor of the State shall constitute the executive committee of the Municipal Bond Commission. The executive committee is vested with all powers of the Commission when it is not in session, except that the executive committee may not overrule, reverse or disregard any action of the full Commission. Action of the executive committee shall be taken by resolution adopted by a majority of the executive committee. The chairman may call meetings of the executive committee at any time.
5.3. Time and location of meetings. -- All meetings of the Commission and executive committee shall be held only during normal working hours and only at reasonable locations as to be accessible to the public.
5.4. Member and public announcement of meetings. -- Under call of a Commission or executive committee meeting by its chairman not specified as to time or date or upon written request of three (3) members, the executive secretary shall arrange a time and date for the meeting which is agreeable to its members. Formal notice of the meeting, time, date, location and agenda shall be made in writing to each member by the chairman. The executive secretary shall prepare a notice of meeting, specifying its time, date, location and purpose, duly signed by the chairman and distribute it to the public not later than five p.m. Thursday of the week preceding the meeting by (a) registering the notice of meeting with the office of the Secretary of State, (b) having the notice published in the state register for the following week, and (c) distributing not less than seven (7) copies of the notice to the press room in the State Capitol.
5.5. Meetings open to the public. -- Under the provisions of article nine-a, chapter six of the West Virginia Code, the meetings of the Commission shall be conducted in an open and public manner. The Commission may make and enforce reasonable Rules and Regulations for attendance at any meeting where there is not room enough for all members of the public who wish to attend and may remove from a meeting any member of the public who is disrupting the meeting to the extent that orderly conduct at the meeting is compromised.