reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-28 - Agencies Designated To Provide Voter Registration Services › Section 153-28-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For the purposes of this rule:
2.1. "Designated agency" means a department,
				division or office of state or local government, or a program supported by
				state funds which is designated by this rule to provide voter registration
				services according to the provisions of W. Va. Code §
									3-2-13
				beginning July 1, 1999.
2.2.
				"Public assistance agency" means a designated agency which receives
				applications for assistance as defined in W. Va. Code §
									9-1-2(e)
				for which an income means test is applied for determination of eligibility for
				assistance and includes the food stamp program, Temporary Assistance to Needy
				Families, the "Women, Infants and Children" (WIC) program and the Medicaid
				program as specified in W. Va. Code §
									3-2-13(b)(1).
2.3. "Disabilities Services agency" means a
				designated agency primarily engaged in providing services to persons with
				disabilities.
2.4. "Offices which
				issue marriage licenses" means those sections or divisions of the offices of
				the clerk of the county commission and/or those employees assigned to provide
				or receive marriage license applications, and shall not include those sections,
				divisions or employees delivering other services of the clerk's
				office.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-28 - Agencies Designated To Provide Voter Registration Services › Section 153-28-3 - Designated Public Assistance Agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
Voter registration services will be provided to applicants
				  for services through:
3.1. the
				Temporary Assistance to Needy Families, the Food Stamp program, the
				Transportation Remuneration and Incentive Program (TRIP), the Emergency
				Assistance Program, the Low Income Energy Assistance Program (LIEAP) and the
				Medicaid program within the West Virginia Department of Health and Human
				Resources;
3.2. the Women, Infants
				and Children program (WIC) under the Nutrition Services Section, Bureau of
				Public Health within the West Virginia Department of Health and Human
				Resources; and
3.3. the Homeless
				program under the Social Services Division within the West Virginia Department
				of Health and Human Resources.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-28 - Agencies Designated To Provide Voter Registration Services › Section 153-28-4 - Designated Disabilities Services Agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
Voter registration services will be provided to applicants
				  for services through:
4.1. the WV
				Bureau of Senior Services under the Governor's Office;
4.2. programs offered by the WV Commission
				for the Deaf and Hard-of-Hearing within the West Virginia Department of Health
				and Human Resources;
4.3. the early
				Intervention program and the Handicapped Children program under the Infant and
				Child Health section within the West Virginia Department of Health and Human
				Resources;
4.4. the Behavioral
				Health Services program within the West Virginia Department of Health and Human
				Resources;
4.5. programs offered by
				the Blind and Handicapped Division of the Library Commission and the Division
				of Rehabilitation Services within the West Virginia Department of Education and
				the Arts;
4.6. programs offered by
				the West Virginia School for the Deaf and Blind within the West Virginia State
				Board of Education; and
4.7.
				programs offered by the Division of Veteran Affairs within the West Virginia
				Department of Public Safety.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-28 - Agencies Designated To Provide Voter Registration Services › Section 153-28-5 - Designated County Marriage License Offices

Current through Register Vol. XLI, No. 28, July 12, 2024
The county offices which issue marriage licenses within the
				  office of the clerk of the county commission in each county of the state are
				  designated to provide voter registration services.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-29 - Trademarks And Service Marks › Section 153-29-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements for filing applications with the
				Secretary of State, for the approval of registration trademarks and service
				marks, and for the re----------newal, assignment, modification and cancellation
				of registration of those marks.
1.2. Authority. -- W. Va. Code '47-2-10.
1.3. Filing Date. -- June 12, 1997.
1.4. Effective Date. -- June 12,
				1997.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-29 - Trademarks And Service Marks › Section 153-29-3 - Review and Approval of New Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon receipt of an application for
				registration, the Secretary of State shall enter the received date and
				determine if the application is complete.
3.1.a. The Secretary of State shall cancel
				the received date stamp if the application is incomplete.
3.1.b. The Secretary of State shall return an
				incomplete application in its entirety to the applicant within five (5) days of
				receipt.
3.1.c. The Secretary of
				State shall refund the application fee to the applicant within sixty (60) days
				if a complete application is not resubmitted within thirty (30) days.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-29 - Trademarks And Service Marks › Section 153-29-4 - Renewal of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The registration of a trademark or service mark registered prior to July 1,
				1996, expires on June 30, 2001, as provided in W. Va. Code '47-2-6(c),
				unless renewed before that date.
4.2. The registration of a mark first
				registered after July 1, 1996, expires ten (10) years following the effective
				date of registration.
4.3. The
				Secretary of State may attempt to notify current registrants of an impending
				registration expiration and provide forms for the application for renewal of a
				mark, but the registrant is responsible for obtaining the proper form and
				submitting a complete application for renewal in a timely manner.
4.4. The application shall be submitted on
				the forms prescribed by the Secretary of State.
4.5. The applicant may submit the application
				for renewal within the six (6) months immediately before the expiration of the
				current registration.
4.5.a. The Secretary of
				State shall return an application for renewal submitted more than six (6)
				months before the expiration of the registration; except that:
4.5.b. A registrant holding a mark registered
				before July 1, l996, may apply for renewal under the provisions of the new law
				at any time before the expiration of the previous registration on June 30,
				2001.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-29 - Trademarks And Service Marks › Section 153-29-5 - Assignments, Changes and Cancellation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A registrant may assign the trademark or
				service mark to another person, record a change of name, or record other
				instruments relating to the mark or pending application. To assign the mark,
				the registrant or assignee shall file an instrument in writing signed by the
				registrant and notarized, either as an original document or a photocopy
				certified by any of the parties as a true and correct copy of the original. The
				filing shall be accompanied by the required fee as provided in subdivision
				7.1.3. of this rule.
5.2. A
				registrant may record an assignment of the mark to another person with the
				Secretary of State, and the secretary shall issue in the name of the assignee
				or successor in interest a new certificate for the remainder of the term of the
				registration or renewal.
5.3. A
				registrant or applicant whose name is changed during the period of registration
				or application may record a certificate of change of name with the Secretary of
				State.
5.4. Upon filing the change
				of name, the Secretary of State shall issue a registrant a certificate for the
				remainder of the term in the new name, and shall attach the change of name to
				the application.
5.5. The
				registrant or successor in interest may voluntarily cancel the registration of
				a mark upon filing of an request signed by the registrant or authorized
				representative of the registrant or sucessor in interest and acknowledged
				before a notary public, providing the request is accompanied by the required
				fee as provided in subdivision 7.1.3. of this rule.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-29 - Trademarks And Service Marks › Section 153-29-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The fees for
				filing documents under this rule as provided by W. Va. Code '47-2-17 are:
7.1.a. For registration of a new trademark or
				service mark involving not more than two classifications, fifty dollars, and
				for each additional classification, fifty dollars;
7.1.b. For renewal of a previously registered
				trademark or service mark involving not more than two classifications, fifty
				dollars, and for each additional classification, fifty dollars;
7.1.c. For recording any assignment, change
				of name, other document, or cancellation as provided in section 5 of this rule,
				twenty-five dollars.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-30 - Use of Digital Signatures › Section 153-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements for state agencies intending to
				use or accept electronic signatures on filings and other messages in electronic
				form which require the signature of an authorized person.
1.2. Authority. -- W. Va. Code §
									39A-3-3.
1.3. Filing Date. -- April 14,
				2022.
1.4. Effective Date. -- April
				14, 2022.
1.5. Sunset Provision. --
				This Rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-30 - Use of Digital Signatures › Section 153-30-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				definitions of terms established in W. Va. Code §§
									39A-1-2 and
				39A-3-1 shall apply
				when those terms are used in this rule.
2.2 "Authorized officer" means the elected or
				appointed official, or a designee, who has authority to act on behalf of the
				agency.
2.3. "Electronic record"
				means a record created, generated, sent, communicated, received, or stored by
				electronic means.
2.4. "Electronic
				signature" means an electronic sound, symbol, or process attached to or
				logically associated with a record and executed or adopted by a person with the
				intent to sign the record.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-30 - Use of Digital Signatures › Section 153-30-3 - Agency Use of Electronic Records and Electronic Signatures Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each agency
				shall determine the extent to which it will send and receive electronic records
				and electronic signatures to and from other persons and otherwise create, use,
				store, and rely upon electronic records and electronic signatures.
3.2. In any case where an agency decides to
				send or receive electronic records, or to accept document filings by electronic
				records, the agency shall, giving due consideration to security, specify:
3.2.1. The manner and format in which the
				electronic records must be created, sent, received, and stored;
3.2.2. The type of electronic signature that
				is required or acceptable, the security level required for the transaction, the
				manner and format in which the signature must be affixed to the electronic
				record, and the criteria that must be met by any third party used by the sender
				of the electronic record to facilitate the process;
3.2.3. Processes and procedures to ensure
				adequate integrity, security, confidentiality, and auditability of the
				electronic records;
3.2.4. The
				software vendor, software product, and software version that will be
				used;
3.2.5. The categorical types
				of documents on which the agency intends to use or accept electronic
				signatures; and
3.2.6. Any other
				required attributes for the electronic records that are currently specified for
				corresponding paper documents, or reasonably necessary under the
				circumstances.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-30 - Use of Digital Signatures › Section 153-30-4 - Agency Procedures for Adoption, Modification or Revocation of Electronic Signature Acceptance

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				agency shall evaluate the types of records received to determine which records
				can be accepted with electronic signatures, and which type of electronic
				signature meets the security requirements of the specific
				transaction.
4.2. For each type of
				electronic record on which an agency is willing to accept an electronic
				signature in satisfaction of a legal signature requirement, the agency shall
				give notice in conjunction with the electronic filing system which shall
				specify:
4.2.1. The type(s) of electronic
				signature that will be accepted on the record;
4.2.2. A description of any restrictions on
				who may electronically sign the record;
4.2.3. Specifications for any procedures or
				technology that must be used to create, communicate, or store the electronic
				signature; and
4.2.4. The name of
				one or more contacts, including an Authorized officer, within the agency who
				can provide additional information, along with one or more of the address,
				telephone and e-mail address of the contact person(s).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-30 - Use of Digital Signatures › Section 153-30-5 - Requirements for Acceptance of Digital Signatures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Secretary of State, pursuant W. Va.
				Code §
									39A-3-3,
				hereby authorizes the West Virginia Office of Technology to be the state
				certificate authority for the registration and issuance of certificates to
				subscribers for the use of digital signatures.
5.2. An agency which agrees to accept a
				digital signature in connection with an electronic filing, shall obtain,
				install, and test the essential hardware and software as prescribed by the
				Office of Technology.
5.3. Any
				Authorized officer or other authorized person who becomes a subscriber to the
				certificate authority authorized by the Secretary of State or Office of
				Technology, and who maintains an authorized key pair, shall be permitted to use
				a digital signature on any electronic document which an agency agrees to
				accept.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-30 - Use of Digital Signatures › Section 153-30-7 - Selection of Existing Federal Certificate Authority Program as State Authority and Repository; Purchase of Certificates; Fees; Revocation of Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The Secretary of State may designate and authorize as the official state
				certificate authority and repository an existing federal certificate authority
				and repository program, providing:
7.1.1. The
				program permits the acquisition and use of electronic signature certificates by
				state and local government agencies for their employees and by individuals for
				transactions with those agencies at or below the rate established for the
				federal program;
7.1.2. The program
				has published a certificate policy or certificate practice statement that
				establishes comprehensive requirements for the security of all aspects of the
				system, including the physical and technical security of the software and
				hardware and the security requirements for authorized personnel.
7.1.3. The program uses a comprehensive
				requirements evaluation process for selection of qualifying certificate
				authorities.
7.1.4. The program
				authorizes one or more entities or vendors to provide the services of
				certificate authority, repository and registration authority;
7.1.5. Each authorized certificate authority
				manages the application, issuance and revocation of a certificate that complies
				with the certificate policy of the program.
7.1.6. Each authorized certificate authority
				offers subscriptions for certificates through the federal program that meet, at
				a minimum, the security requirements of the Office of Technology, as may be
				amended from time to time.
7.1.7.
				The program requires an audit of each authorized certificate
				authority.
7.1.8. The Secretary of
				State may ask or enter into an agreement with the Office of Technology to
				validate that the program meets the standards outlined in subsections 7.1.1
				through 7.1.7 of this section and to report the validation to the Secretary of
				State via a form prescribed by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-30 - Use of Digital Signatures › Section 153-30-8 - Compliance Audit

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Secretary of State or the Office of Technology may conduct compliance audits as
				needed to ensure compliance with this rule.
8.2. Following an audit, the Secretary of
				State may require reports as needed to assure matters identified in the audit
				are corrected.
8.3. If matters
				identified in the audit are not timely corrected, the Secretary of State may
				suspend or revoke the agency's approval to use electronic signatures.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-32 - Registry Requirements › Section 153-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule requires the secretary of state to authorize certain persons to celebrate
				marriages, establish a central registry and establish a fee for
				registering.
1.2. Authority. -- W.
				Va. Code §
									48-2-402.
1.3. Filing Date. -- June 21, 2002.
1.4. Effective Date. -- June 21,
				2002.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-32 - Registry Requirements › Section 153-32-2 - Secretary of state's registry of persons authorized to celebrate marriages

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The secretary
				of state shall list qualified applicants in a central registry who meet the
				requirements of W. Va. Code §
									48-2-402
				and rules promulgated by the secretary of state.
2.2. The authorized person who is listed on
				the state registry of religious representatives authorized to celebrate the
				rites of marriage may perform those rites in all the counties of the
				state.
2.3. Each county clerk shall
				submit to the secretary of state a list of persons authorized in his or her
				county to celebrate marriages.
2.3.a. The list
				shall be submitted prior to the first day of October, two thousand
				one.
2.3.b. The list shall include
				the name of each person authorized by the submitting county to perform
				marriages.
2.3.c. If available, the
				list shall include the phone number, address, religious or spiritual assembly
				or affiliation and the original authorization date of each person authorized to
				perform marriages.
2.3.d. The list
				shall be submitted in hard copy and in an electronic format as approved by the
				secretary of state.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-32 - Registry Requirements › Section 153-32-3 - Registry Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An
				applicant for listing on the state central registry of persons authorized to
				celebrate marriages by the secretary of state shall:
3.1.a. Meet the qualifications set by West
				Virginia Code § 48-2-402;
3.1.b. Make application to the secretary of
				state for registry listing on the form designed by the secretary of
				state;
3.1.c. Provide documentation
				of qualifications as required by the secretary of state;
3.1.d. Pay to the secretary of state the
				appropriate application fee;
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-32 - Registry Requirements › Section 153-32-4 - Proof of qualifications of religious representative to celebrate marriages

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				applicant shall present certification that he or she is authorized to perform
				marriages by his or her church, synagogue, spiritual assembly or religious
				organization; and
4.2. The
				applicant shall present documentation that he or she is in regular communion
				with the church, synagogue, spiritual assembly or religious organization of
				which he or she is a member.
4.3.
				The applicant shall provide at least one of the following as a statement of his
				or her representation of a religious group:
4.3.a. An official ordination paper from a
				church, synagogue, spiritual assembly organization, group or school showing
				that the person is an ordained minister for that group; or
4.3.b. A letter or document signed by at
				least two members of a group stating that the person requesting to be
				registered to perform marriages ministers to that group and is in regular
				communion with that group.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-32 - Registry Requirements › Section 153-32-6 - Order authorizing a person to celebrate marriages in all counties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon receipt
				of the application and documentation, the Secretary of State shall add the
				person's name to the state registry of persons authorized to celebrate
				marriages; and
6.2. An order
				authorizing the person to celebrate marriages is mailed to each person who
				fulfills the qualifications as determined by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-33 - Registry For Notification Of A State Of Emergency › Section 153-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a system to notify persons of state of emergencies and natural
				disasters.
1.2. Authority. -- W.
				Va. Code §
									46A-6J-4.
1.3. Filing Date. -- June 23, 2003.
1.4. Effective Date. -- June 23,
				2003.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-33 - Registry For Notification Of A State Of Emergency › Section 153-33-2 - Applying to be Notified of State Declared Emergencies and Natural Disasters

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The applicant
				shall complete the Application for Notification of State of Emergency. On the
				application the applicant shall:
2.1.1. List
				the preferred counties for notification;
2.1.2. Check if notification of the entire
				state is required; and
2.1.3. Check
				which form is desired:
2.1.3.1. U. S.
				mail;
2.1.3.2. Fax; or
2.1.3.3. Email.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-33 - Registry For Notification Of A State Of Emergency › Section 153-33-3 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The applicant
				shall pay a one-time registration fee of twenty-five dollars
				($25.00).
3.2. The applicant shall
				pay a charge of five dollars ($5.00) to change contact information.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-33 - Registry For Notification Of A State Of Emergency › Section 153-33-4 - Notification to Registrants

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Within three (3) working days after the Governor of West Virginia has issued
				the Proclamation declaring a state of emergency, the Secretary of State shall
				notify each registrant requesting notification for the county or counties named
				in the Proclamation.
4.2. The
				Secretary of State shall mail or fax a photocopy of the Proclamation as issued
				by the Governor of West Virginia, if this is the preferred method requested by
				the registrant.
4.3. The Secretary
				of State shall email in Adobe Acrobat (.pdf) format a copy of the Proclamation
				as issued by the Governor of West Virginia, if this is the preferred method
				requested by the registrant.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-33 - Registry For Notification Of A State Of Emergency › Section 153-33-5 - Withdrawing From Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
To withdraw from the notification program, the registrant
				  shall submit a letter to the Secretary of State requesting his or her name and
				  information be removed from the notification list.
Application Form
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-35 - Uniform Commercial Code, Revised Article 9 › Section 153-35-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope -- This
				legislative rule simplifies and improves the administration of the Uniform
				Commercial Code by prmoting procedures for filing documents under Article 9 of
				Chapter 46 of the West Virginia Code, to increase public access to information
				and public participation in the formulation and administrative policy and
				procedures; and to increase the filing officer's accountability to the
				public.
1.2 Authority. -- W. Va.
				Code
				46-9-526.
1.3 Filing Date. -- June 3, 2013.
1.4 Effective Date. -- June 10,
				2013.
1.5 Repeal and Replace. --
				This rule repeals and replaces 153CSR35 effective April 27, 2007.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-35 - Uniform Commercial Code, Revised Article 9 › Section 153-35-2 - Incorporated by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				This rule incorporates by reference the 2012 Edition of the Uniform Commercial
				Code, Article 9 Model Administrative riles as amended specifically to comply
				with West Virginia Code.
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West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish the general procedures for conducting
				contested case hearings related to Uniform Commercial Code filings by the
				Secretary of State.
1.2. Authority.
				-- § 46-9-516.
1.3. Filing
				Date. -- November 28, 2006.
1.4.
				Effective Date. -- December 29, 2006.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-2 - Request for Hearing Following Denial of UCC Filings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any individual or firm who has had a
				filing refused may request a hearing.
2.2. The request shall be in writing and
				shall specify the reasons for the request and the relief sought.
2.3. Requests for a hearing following denial
				of filings must be received by the Secretary of State within fifteen (15) days
				from the date the applicant receives the denial letter as indicated by the
				return receipt.
2.4. The Secretary
				of State may deny a hearing under this section if the request is received after
				the fifteen (15) day period.
2.5.
				Receipt of a request for a hearing by the Secretary of State shall begin the
				hearing process.
2.6. The requested
				hearing shall be held within forty-five (45) days from the receipt of the
				request by the Secretary of State.
2.7. A notice of the hearing shall be served
				upon the party requesting the hearing at least thirty (30) days prior to the
				hearing and shall be delivered by certified mail return receipt
				requested.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-3 - Reapplication Following Denial of Filing

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Secretary of State shall not accept
				any refiling unless the applicant can clearly demonstrate or document
				corrections or compliance with the conditions or terms which caused the denial
				of the initial filing.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-4 - Conduct of Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any
				party shall have the right to be represented by an attorney-at-law, duly
				qualified to practice in the State of West Virginia.
4.2. The Secretary of State may be
				represented by the office of the Attorney General.
4.3. The rules of evidence as applied in
				civil cases in the circuit court of this State shall be followed.
4.4. When necessary to ascertain facts not
				reasonably susceptible to proof under said rules of evidence, evidence not
				admissible thereunder shall be admitted, except where precluded by statute, if
				it is of a type commonly relied upon by reasonably prudent men in the conduct
				of their affairs.
4.5. The agency
				shall be bound by the rules of privilege recognized by law.
4.6. Documentary evidence may be received in
				the form of copies or excerpts or by incorporation of reference.
4.7. Initially the agency shall be given
				opportunity to present evidence, including testimony, papers, records, agency
				staff memoranda and documents in the possession of the agency in support of its
				position.
4.8. Every party shall
				have the right of cross-examination of witnesses who testify, and following the
				conclusion of the agency§s presentation, shall have the right to submit
				rebuttal evidence.
4.9. The
				Secretary of State shall have the right to cross-examine witnesses providing
				rebuttal testimony.
4.10.
				Following the presentation of all the evidence, every party, including the
				Secretary of State, shall have the right to offer argument, not to exceed a
				reasonable time limit as determined by the Secretary or the hearing
				examiner.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-5 - Continuation or Delay of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Hearings may be continued or delayed by
				request of any party to the Secretary of State or at the request of the
				Secretary of State.
5.2. Each
				party, including the Secretary of State, shall be permitted only one (1) motion
				to continue or delay a hearing.
5.3. Any continuance or delay shall not
				exceed fifteen (15) days from the last scheduled date of the hearing.
5.4. A motion to continue or delay must be
				received by all parties affected at least five (5) days prior to the date of
				the hearing that is to be continued or delayed.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-6 - Transcription of Reported Testimonyand Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. What reported. -- All testimony,
				evidence, arguments and rulings on the admissibility of testimony and evidence
				shall be reported by stenographic notes and characters or by mechanical
				means.
6.2. Request from any party.
				-- Upon the request to the Secretary from any party to the hearing, all
				reported materials shall be transcribed and a copy thereof furnished to such
				party at the requesting party§s expense.
6.3. Transcription in the event a hearing
				examiner is appointed. -- In all cases where a hearing examiner is appointed,
				all reported material shall be transcribed and forwarded to the Secretary. Any
				parties requesting a copy of a transcript prepared pursuant to this subsection
				shall be furnished a copy at their expense.
6.4. Responsibility for transcript. -- The
				Secretary shall have the responsibility for making arrangements for the
				transcription of the reported testimony and evidence. In the event
				transcription is required pursuant to this section it shall be accomplished
				with all dispatch.
6.5. Correction
				of error in transcript. -- Upon the motion of the Secretary of any party
				assigning error or omission in any part of any transcript, the Secretary or his
				duly appointed hearing examiner shall settle all differences arising as to
				whether such transcript truly discloses what occurred at the hearing and shall
				direct that the transcript be corrected and revised in the respects designated,
				so as to make it conform to the whole truth.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-7 - Submission of Proposed Findings of Fact And Conclusions of Law; Time for Submission

Current through Register Vol. XLI, No. 28, July 12, 2024
Any party may submit to the Secretary proposed findings of
				  fact and conclusions of law within thirty (30) days of the conclusion of a
				  hearing or, in the event the proceedings of a hearing are transcribed, within
				  twenty (20) days from the date the final transcript is
				  available.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-8 - Appointment of Hearing Examiner; Function Of Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary may, in his discretion, appoint a hearing
				  examiner who shall be empowered to subpoena witnesses and documents, administer
				  oaths and affirmations, to examine witnesses under oath, to rule on evidentiary
				  questions, to hold conferences for the settlement or simplification of issues
				  by consent of the parties and to otherwise conduct hearings as provided in
				  Section 5 of these rules.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-9 - Conferences; Informal Disposition ofCases

Current through Register Vol. XLI, No. 28, July 12, 2024
At any time prior to the hearing or thereafter, the Secretary
				  or his duly appointed hearing examiner may hold conferences:
9.1. To dispose of procedural request or
				similar matters;
9.2. To simplify
				or settle issues by consent of the parties; or
9.3. To provide for the informal disposition
				of cases by stipulation, agreed settlement or consent order.
The Secretary or his duly appointed hearing examiner may
				  cause such conferences to be held on his own motion or by the request of a
				  party.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-10 - Depositions Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
Evidentiary depositions may be taken and read into evidence
				  as in civil actions in the circuit courts of this State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-11 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Where
				permitted. -- In accordance with any provision contained in W. Va. Code
				§§
									30-1-1 and
				30-18-1,
				as amended, authorizing the Secretary to issue subpoenas or subpoenas dueces
				tecum, the Secretary or his duly appointed hearing examiner shall have the
				power to issue subpoenas or subpoenas duces tecum pursuant to the provisions
				set forth in W. Va. Code § 29A-5-1 b.
11.2. Time for requesting the issuance of
				subpoenas. -- Written requests for the issuance of subpoenas or subpoenas duces
				tecum as provided in Subsection 12.1 of this section shall be made no later
				than ten (10) days prior to a scheduled hearing.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-12 - Orders; Content

Current through Register Vol. XLI, No. 28, July 12, 2024
Every final order entered by the Secretary, following a
				  hearing conducted pursuant to these rules, shall be made pursuant to the
				  provisions of W. Va. Code 29A-5-9a. Such orders shall be entered within
				  forty-five (45) days following the submission of all documents and materials
				  necessary for the proper disposition of the case, including transcripts and
				  proposed findings of fact and conclusions of law.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-13 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order or ruling entered in
				  accordance with these regulations shall be in accordance with the provisions of
				  W. Va. Code §
									29A-5-4.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-36 - Contested Case Hearings For Uniform Commercial Code › Section 153-36-14 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of these rules or the application thereof to
				  any person or circumstance shall be held invalid, such invalidity thereof shall
				  not affect the provision or application of these regulations which can be given
				  effect without the invalid provision or application and to this end the
				  provisions of these regulations are declared to be severable.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule is written to facilitate the administration of the Address
				Confidentiality Program. The rule describes the manner and process for
				application to the program by prospective participants and application
				assistants. The rule further includes sections on cancellation of program
				certification, exercise of program participant privileges, program
				participation renewal, application for agency disclosure requests, disclosure
				to law enforcement, service of process and establishes uniform statewide
				procedures for maintaining the confidentiality of a program participant's name
				and address information in voting records.
1.2. Authority. -- W. Va. Code §
									48-28A-110.
1.3. Filing Date. -- May 2, 2013
1.4. Effective Date. -- May 2, 2013
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-3 - Application Assistant Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All application assistants must be
				registered by the Secretary of State to participate in this program, and
				application assistants will be given a registration number once
				registered.
3.2. Application
				assistant registration will only be awarded when the prospective application
				assistant:
3.2.1. Is a service provider or
				works with an agency and can demonstrate to the Secretary of State relevant
				qualifications to work with victims of domestic abuse, rape, sexual assault or
				stalking;
3.2.2. Successfully
				completes any program orientation or training session sponsored by the Office
				of the Secretary of State;
3.2.3.
				Completes an application for prospective application assistants which includes
				the applicant's name, address, service provider or agency, supervisor's name
				and relevant qualifications;
3.2.4.
				Agrees to adhere to the policies, procedures and directions provided by the
				Secretary of State for rendering assistance to program applicants;
				and
3.2.5. Agrees to adhere to the
				instructions and terms provided in the application assistant agreement
				proscribed by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-4 - Program Participant Application and Certification Process

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An applicant
				shall complete, date, sign and provide all the information required under W.Va.
				Code §
									48-28A-103,
				and as requested on the application.
4.2. The application shall include an
				attestation by the applicant that disclosure of the applicant's address
				threatens the safety of the applicant or the applicant's children or the minor
				or incapacitated person on whose behalf the application is made.
4.3. An applicant shall specify a residential
				or mailing address in West Virginia for which confidentiality is requested and
				a telephone number where the applicant may be contacted by the Office of the
				Secretary of State.
4.4. The
				application form shall include, but not be limited to, the applicant's name and
				date of birth, a listing of all minor children residing with the applicant,
				including each minor child's date of birth, and each minor child's relationship
				to the applicant, a statement that the applicant shall not disclose her or his
				residential or mailing address to the alleged batterer, stalker, or person
				threatening her or his safety or that of her or his minor children, the
				application preparation date, the printed name and signature and recommendation
				of the application assistant.
4.5.
				Acceptance into the program shall be effective on the day an applicant is
				certified by the program manager.
4.6. An individual who is certified as a
				program participant shall be issued a program participant's authorization card
				which includes her or his name, authorization code, designated address and
				certification expiration date.
4.7.
				The term of a program participant's certification shall be four years unless
				the certification is withdrawn or canceled pursuant to W.Va. Code §
									48-28A-104.
4.8. If there is a change in the program
				participant's residential or mailing address from the one listed on the
				application, the program participant shall notify the program manager in
				writing of such change within 10 days of the change in residence.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-5 - Exercise of Program Participant's Privileges

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A program participant shall request, at
				the time of creation of a new record, that an agency use the designated address
				assigned by the Secretary of State as her or his residential or mailing
				address.
5.2. A program participant
				shall show her or his authorization card to the agency official creating a new
				record and request address confidentiality through use of the designated
				address in lieu of her or his residential or mailing address. The designated
				address shall appear on the program participant's authorization card.
5.3. Agency personnel may make a file
				photocopy of the authorization card and shall immediately return the
				authorization card to the program participant.
5.4. An agency shall accept the designated
				address. However, an agency may obtain the program participant's residential or
				mailing address pursuant to Section 10 of this rule.
5.5. An agency shall not question the program
				participant about the details or circumstances of her or his inclusion in the
				program. Rather, the agency shall accept the determination made by the
				Secretary of State that she or he is a qualified program participant.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-37 - Administration of the Address Confidentiality Program › Section 153-37-6 - Program Participant Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A program participant may renew her or
				his program participation by filing a reapplication form accompanied by the
				printed name, signature and recommendation of the application assistant. The
				Secretary of State shall send a reapplication form to the program participant
				at least four weeks before the expiration of the current
				authorization.
6.2. The Secretary
				of State may certify a program participant, who has filed a reapplication form,
				to participate in the program for an additional four year term unless the
				certification is withdrawn or canceled before that date.
6.3. Upon renewal, the program manager shall
				issue to the program participant a new authorization card which includes the
				program participant's name, authorization code, designated mailing address and
				certification expiration date.
6.4.
				Upon receipt of the renewed authorization card, the participant shall return
				his or her expired authorization card to the Secretary of State to be
				destroyed.