reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-07 - National Flood Insurance Program › Section 170-7-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule is proposed to assist with administering the
				State Office of the National Flood Insurance Program and any of the program's
				responsibilities.
2.2. Enforcement.
				Effective July 1, 2022, the State Office of the National Flood Insurance
				Program shall transfer from the Offices of the Insurance Commissioner to the
				Division of Emergency Management. The State Office of the National Flood
				Insurance Program shall offer and conduct training as required by W. Va. Code
				§
									15-5-20a and adopt adequate land
				use and development criteria that meet or exceed the minimum standards
				established by the National Flood Insurance Program. The State Office of the
				National Flood Insurance Program shall be under the supervision of the Director
				of the Division of Emergency Management.
2.3. Interagency Participation. The State
				Office of the National Flood Insurance Program, in consultation with the
				Director of the Division of Emergency Management, and with the assistance of
				floodplain managers around the state, shall develop and publish a strategic
				plan to establish shared goals, define a path to meet these goals, and shall
				invite other governmental units to adopt these goals and objectives, pursuant
				to the provisions of W. Va. Code §
									15-5-20b(d).
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-07 - National Flood Insurance Program › Section 170-7-3 - Templates

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Division
				of Emergency Management will develop templates to be prepared and used to help
				communities meet the requirements of the National Flood Insurance Program. The
				counties and municipalities shall utilize the templates to comply with the
				National Flood Insurance Program.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-07 - National Flood Insurance Program › Section 170-7-4 - Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Division of Emergency Management will develop guidance on the administrative
				procedures associated with local governments permitting state agency
				development. The Division of Emergency Management will reach out and
				disseminate guidance to the local and state officials.
4.2. When necessary, the Division of
				Emergency Management will provide clarification when addressing any conflicts.
				For participating communities, floodplain compliance will be administered and
				managed by the Division of Emergency Management.
4.3. The Division of Emergency Management
				will provide oversight of compliance with local floodplain managers and state
				agencies to the maximum extent possible.
4.4. When non-compliance is identified, the
				Division of Emergency Management should address the non-compliance.
4.5. Regarding permits, local governments
				should permit state agencies and state agencies are not exempt from local
				government permits.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-07 - National Flood Insurance Program › Section 170-7-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The sections
				of this rule are severable. Should any section be declared by judicial opinion
				unconstitutional or in any manner contrary to the laws of the State of West
				Virginia, that particular section shall be invalid and all other sections shall
				remain in full force and effect.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This rule governs the conduct of
				the Aeronautics Commission meetings. It is intended to comply with the
				requirements of the State Administrative Procedures Act and the State Freedom
				of Information Act.
1.2. Authority.
				- W.Va. Code §
									29-2A-3
1.3. Filing Date. - July 15, 2019
1.4. Effective Date. - August 15,
				2019
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Aeronautics Commission or Commission"
				means the public body created by the West Virginia Legislature in W.Va. Code
				§
									29-2A-1
et seq.
2.2.
				"Administrative Procedures Act" means the statute, W.Va. Code §
									6-9A-1
et seq.,
governing the conduct of public meetings held by any
				administrative or legislative unit of state, county or municipal government
				including any subunit or committee authorized by law to exercise some portion
				of executive or legislative power.
2.3. "Freedom of Information Act" means the
				statute, W. Va. Code §
									29B-1-1
et seq.
, governing the availability of public records to the
				public.
2.4. "Person" includes any
				natural person, corporation, partnership, firm or association.
2.5. "Public record" means any writing
				containing information prepared or received by a public body, the content or
				context of which, judged either by content to context, relates to the conduct
				of the public's business.
2.6.
				"Quorum" means a simple majority of the members of the Commission which is
				required in order to take any official action by the Commission. Commissioners
				who attend and vote at any meeting by telephone are officially in attendance
				and are counted toward establishment of a quorum.
2.7. "Writing" means, in the context of a
				public record, any books, papers, maps, photographs, cards, tapes, recordings
				or other documentary materials regardless of physical form or
				characteristics.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-3 - Parliamentary Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Meetings of
				the Commission will be conducted in accordance with Roberts Rules of Order. The
				Director of the Commission is Parliamentarian unless the Commission elects a
				Commission member as Parliamentarian.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-4 - Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Commission will hold at least one meeting a year, or as often as necessary to
				conduct the business of the Commission.
4.2. The Commission may hold its annual
				meeting in Room 122, Building 5, Capitol Complex unless the meeting notice
				specifies otherwise.
4.3. Business
				to come before the Commission will be placed on an agenda and properly posted
				in accordance with this rule and the Open Meetings Act. Matters, not on the
				agenda, which are brought up for discussion during the meeting which require
				action by the Commission, will be addressed at a future meeting.
4.4. Notice of all regular meetings must be
				posted at least five (5) business days prior to the date of the meeting on the
				Secretary of State's website, on the Commission's website (need to imbed the
				link) and other locations the Commission may designate. The notice must include
				the date, time and place of the meeting.
4.5. The agenda for all regular meetings must
				be posted three (3) days prior to the date of the meeting. It may be posted in
				a central location in the Commission's office and on the Commission's website.
				A link to the Commission's website may be posted on the Secretary of State's
				website if authorized by the Administrative Law Division of the Secretary of
				State's office.
4.5.1. The agenda may be
				amended up to three (3) days before the meeting date and posted in the same
				manner as the original agenda was posted.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-5 - Special Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Special meetings
				of the Commission may be called by the Chairman or Chairwoman of the Commission
				when a matter must be addressed before the next regularly scheduled meeting of
				the Commission but do not rise to the level of an emergency.
5.2. Notice of any special meeting must be
				posted at least five (5) business days prior to the date of the meeting on the
				Secretary of State's website, on the Commission's website (need to imbed the
				link) and other locations the Commission may designate. The notice must include
				the date, time and place of the meeting.
5.3. The agenda for all special meetings must
				be posted two (2) days prior to the date of the meeting. It may be posted in a
				central location in the Commission's office and on the Commission's website. A
				link to the Commission's website may be posted on the Secretary of State's
				website if authorized by the Administrative Law Division of the Secretary of
				State's office.
5.3.1. The agenda may be
				amended up to three (3) days before the meeting date and posted in the same
				manner as the original agenda was posted.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-6 - Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Emergency
				meetings may be called by the Chairman or Chairwoman in the event that a matter
				requires immediate official action by the Commission. Notice of the meeting
				must be given as soon as practicable prior to the meeting date in the same
				manner as other meeting notices. The notice must state the time, place and
				purpose of the meeting and the facts and circumstances of the emergency. The
				agenda is limited to the emergency matter.
6.2. Emergency matters may be added to a
				scheduled meeting agenda by amending the agenda. The amended agenda must
				provide the facts and circumstances which warrant adding the emergency item to
				the agenda.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-7 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Director will designate a staff
				member to prepare written minutes of all Commission meetings. The minutes must
				contain at a minimum:
7.1.1. The date, time
				and place of the meeting.
7.1.2.
				The name of each Commissioner and staff member in attendance.
7.1.3. All motions, proposals, resolutions,
				and measures proposed, the name of the Commissioner proposing the same, and its
				disposition.
7.1.4. The results of
				all votes and, upon the request of any Commission member, the vote of each
				member by name.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-8 - Open Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All meetings of
				the commission will be open to the public, except when the Commission holds an
				executive session pursuant to W. VA. Code§
									6-9A-4.
8.2. Any person desiring to address the
				Commission at any meeting may do so provided that such person registers to
				address the Commission at least 15 minutes prior to the scheduled meeting
				time.
8.3. The Commission may
				remove a member of the public from a meeting who the Commission determines is
				disrupting the meeting to the extent that the orderly conduct of the meeting is
				compromised.
8.4. The Commission
				will create and enforce reasonable guidelines for public attendance at any
				meeting where there is not enough room for all members of the public who wish
				to attend.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-9 - Executive Session

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Commission
				may enter into executive session upon a motion by a Commissioner. The motion
				must state the reason or reasons for going into executive session as provided
				in W. Va. Code §
									6-9A-4. This includes,
				discussion of personnel matters or pending litigation; to consider matters
				involving the purchase, sale or lease or real property, or to plan or consider
				an official investigation.
9.2. The
				matter or matters under discussion during executive session may not be voted on
				during executive session. The vote, which is an official action of the
				Commission must be open to the public. However, the Commission may vote to give
				its attorney settlement authority to enter into negotiations and provide a
				settlement range in executive session. If a settlement is reach, then the
				settlement agreement, including the amount, becomes a matter of public record
				unless sealed by a court.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-01 - Commission Meetings, Organization and Operation › Section 171-1-10 - Public records of the Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				written records of the business of the Commission are public records and
				subject to the requirements of the West Virginia Freedom of Information act, W.
				Va. Code §
									29B-1-1
et seq.
10.2. All
				requests for records under the Freedom of Information Act must be sent to the
				Director of the Aeronautics Commission, who is the official custodian of the
				records, at 1900 Kanawha Boulevard, E. Building 5, Room A-129, Charleston, WV
				25305
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules establish the
				procedures of the Commission.
1.2.
				Authority. -- W. Va. Code '29-2A et seq.
1.3. Filing Date. -- December 28,
				1982.
1.4. Effective Date. --
				December 28, 1982.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-2 - General Offices And Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The general
				offices of the West Virginia State Aeronautics Commission at Kanawha Airport,
				shall be kept open in charge of the Director, or some other competent person
				designated by the Director, each week day except legal holidays, from nine a.m.
				until five p.m., except that the office hours for Saturdays shall be from nine
				a.m. to twelve noon.
2.2. The
				Commission shall hold in its said offices four (4) regular meetings annually,
				on the second Monday in January, April, July and October, and may hold special
				meetings and conduct hearings at such other times and at such other places as
				may be set by the Commission.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-3 - Director To Furnish Information

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director shall, upon request, advise any party interested as to the form of any application, complaint or other paper required to be filed by any law or regulation, or which any person desires to file with the Commission. The Director shall furnish from the files and records of the Commission any information required for a full presentation of the facts material to any person interested in any investigation, application or other proceeding to be presented to or pending before the Commission.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-4 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director shall keep the following record books, suitably indexed.
4.1. Minute Book, in which shall be recorded
				the minutes of all official business sessions of the Commission, orders paying
				expenses of members, orders paying the salaries, compensation and expenses of
				employees of the Commission, and all orders pertaining to the administration of
				the Commission together with such orders as may be directed to be entered
				therein by the Commission.
4.2.
				Docket Book, in which shall be entered each case pending before the Commission
				on complaint or application, or under investigation, with a file number
				corresponding to the number of the case, together with a brief chronological
				notation of the proceedings had in the case.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-5 - Filing Papers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Communications addressed to the Commission and all complaints, applications or
				other papers required to be filed with the Commission by statute, or by
				regulation, received or filed in the general offices kept by the Director,
				shall be stamped with the date of the receipt or filing thereof.
5.2. All papers of whatever character offered
				for filing in any proceeding before the Commission shall show the title and
				style of the case, and the docket number. The Director will not be required to
				file any paper not so identified.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-6 - Parties

Current through Register Vol. XLI, No. 28, July 12, 2024
The parties to proceedings before the Commission are complainants, respondents, interveners, applicants and petitioners, according to the nature of the proceeding, and the relation of the party thereto. Any party in interest may appear and be heard in person or by agent, attorney or counsel.
6.1. In complaint cases, the party who
				complains to the Commission of anything done or omitted to be done in violation
				of statute or any rule or regulation of the Commission by any person subject to
				control or regulation by the Commission is styled a complainant.
6.2. The person so complained of is styled
				the respondent.
6.3. Any person
				interested in the subject matter of any application, complaint or other
				proceeding pending before the Commission who is not an original party in
				interest in the said proceeding may petition the Commission, either orally or
				in writing, for leave to intervene in such proceeding prior to or at the time
				it is called for hearing, but not thereafter except for good cause shown. The
				petition shall set forth the grounds of the proposed intervention, the position
				and interest of the petitioner in the proceeding, and if affirmative relief is
				sought, the basis for such relief. Leave to intervene will not be granted
				except on allegations reasonably pertinent to the issues presented in the
				original proceeding. A person granted leave to intervene is styled an
				intervener with the right to have notice of and appear at the taking of
				testimony, to produce and cross-examine witnesses, and to be heard on the
				argument of the case.
6.4. In
				applications for licenses, certificates of approval or other authority from the
				Commission, the person making application is styled an applicant. 6.5. All
				others seeking any form of relief or authority from the Commission are styled
				petitioners.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-7 - Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person becoming cognizant of the violation of any statute, rule or regulation in effect in this State pertinent to the control and regulation of aeronautics may file a complaint with the Commission. Such complaints may be made by letter or other writing. No particular form for such complaint is prescribed, but in substance, the complaint should contain a brief statement of the violation, the name and address of the complainant, and the correct name and address of the complainant, and the correct name of the person against whom the complaint is made. Upon receipt and filing of such complaint, the Commission may, if the nature of the complaint warrants, take up with the respondent by correspondence the matter presented in an endeavor to bring about satisfactory adjustment of the complaint without a hearing by the Commission. In the event such adjustment cannot be made, the Commission may, in its discretion, conduct an investigation and thereafter set the matter for hearing or at its election may set the matter for hearing without further investigation.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-8 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
When the Commission deems a hearing necessary, or any party in interest requests a hearing on any application, complaint or petition, or other proceeding, the Commission will set a time and place for a hearing, which will be at its offices in the City of Charleston or elsewhere in the state, at the discretion of the Commission, and such hearing will be held by one (1) or more members of the Commission or by the Director. The applicant, complainant or petitioner shall first introduce evidence to establish the facts alleged to obtain the relief or authority sought. Other parties to the proceeding may then offer testimony in their behalf, unless for good cause shown, a delay or continuance for the presentation of such evidence is found to be necessary. Oral argument and briefs may be permitted in the discretion of the Commission. In case of the failure of any person to appear at the hearing, the Commission will hear such proof of facts as it may deem proper and reasonable and make such investigation, and enter such order as the facts justify and the circumstances may require.
In all cases where notice and opportunity for a hearing are required by the provisions of the statutes, the procedure shall conform to the provisions of W. Va. Code '29-2A-22, 1931.
All maps, prints, writings, statements, documents or exhibits filed with the Commission must be accompanied by a sufficient number of copies to provide a copy for each party to the proceeding, and six (6) copies for the use of the Commission.
The Director shall keep in his custody and be responsible for the original or one (1) counterpart of all maps, prints, writings, statements, documents or exhibits made a part of the record, as aforesaid.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-9 - Stipulation Of Facts

Current through Register Vol. XLI, No. 28, July 12, 2024
The parties to any proceeding or investigation may, by stipulation in writing filed with the Commission, agree upon the facts or any portion thereof involved in any proceeding pending before the Commission, which stipulation shall be considered as evidence.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-10 - Witnesses

Current through Register Vol. XLI, No. 28, July 12, 2024
Subpoenas requiring the attendance of witnesses from any place in the State of West Virginia at any designated place of hearing before the Commission for the purpose of taking the testimony of such witnesses will be issued upon the application of any party by the Director or any member of the Commission. Subpoenas for the production of books, papers or documents will also be issued by the Director or any member of the Commission upon application in writing or by the Commission upon its own motion. Such application shall be verified by affidavit, shall describe the books, papers or documents desired to be produced with sufficient particularity for identification and shall state that the applicant believes the same are necessary to the determination of the merits of the case.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-11 - Witness Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
Witness fees necessary and incidental to hearings before the Commission shall be paid by the party at whose instance the witness is summoned. No witness fees will be allowed except on subpoenas. In all cases, the fee allowed will be the same as that allowed by the circuit courts of this State.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-12 - Service Of Subpoenas, Notices And Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
All subpoenas for parties or witnesses, and all notices and orders which are required to be served shall be served by delivering a copy thereof by registered mail to the party to be served, or in the manner prescribed by W. Va. Code '56-2-1.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-13 - Reporting Of Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
The proceedings at any hearing, may if the Commission so desire, or any party in interest so request, be taken down in shorthand by a duly qualified and sworn shorthand reporter. A transcript of the proceedings thus reported shall be furnished to any party in interest so requesting. When a request for reporting or a transcript is made, the party making the request shall be liable for the cost thereof and shall give to the Commission security for such costs before the case is reported or the transcript is made, as the case may be.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-14 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
The testimony of any witness may be taken by deposition at the instance of a party in any proceeding or investigation, at any time after the same is at issue, by the consent of the Commission. The Commission may, of its own motion, order testimony to be taken by deposition in any proceeding or investigation pending before it at any stage of such proceeding or investigation. Such deposition shall be taken in the manner prescribed by the laws of West Virginia for taking depositions in civil cases in courts of record.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-15 - Rules Of Evidence And Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
In any hearing before the Commission, the common law rules of evidence and procedure shall apply insofar as they are applicable and are not in conflict with any specific statute, or any other rule or regulation adopted by the Commission.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-16 - Briefs

Current through Register Vol. XLI, No. 28, July 12, 2024
In all contested cases, printed or typewritten briefs may be filed in the discretion of the Commission, on behalf of any or all parties in interest. Unless the Commission indicates otherwise, such briefs shall be filed and copies served on the other parties in interest within the time hereinafter provided:
(a) The complainant, applicant, respondent or
				intervener, as the case may be, shall have twenty (20) days after the receipt
				of a transcript of the evidence.
(b) Reply briefs, ten (10) days after receipt
				of original brief.
(c) Subsequent
				briefs, five (5) days after receipt of reply brief.
A sufficient number of
				  copies of all briefs must be prepared to provide for service as aforesaid upon
				  the adverse parties, and to provide at least six (6) copies, if typewritten, or
				  ten (10) copies, if printed, for the use of the Commission.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-18 - Continuance Of Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
After date for hearing has been set, continuances will not be granted by the Commission except for good and sufficient cause.
Application for a continuance may be made orally to the Commission at the time and place the hearing sought to be continued is set for hearing, or by request in writing filed with the Director, and served on opposing counsel or parties, presented as far in advance of date fixed for hearing as possible under the circumstances.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-19 - Certified Copies

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. No original
				paper in any case shall be withdrawn from the file, except upon special order
				of the Commission.
19.2. Certified
				copies of papers on file in the Director's office may be obtained by any person
				desiring the same upon payment to the Director of the fees fixed by law to be
				paid to a clerk of the circuit court for like service, except that the fee for
				certifying a copy of any printed document furnished to the Director for
				certification, or a carbon copy of any typewritten document so furnished, shall
				be one dollar ($1.00).
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-02 - WV Rules Of Practice And Procedure State Aeronautics Comm › Section 171-2-20 - Representation At Formal Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
Representation or appearance of parties in all formal proceedings pending before the Commission shall be only by attorneys at law admitted to practice before the courts of this State, before the court of last resort of other states, or before the Supreme Court of the United States: Provided, however, That a party may appear for and represent himself, a partner may represent his partnership, and a corporation or association may be represented by a duly authorized executive officer thereof, upon permission granted in the discretion of the presiding Commissioner, Director, or other person authorized to conduct the hearing in any proceeding.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-03 - Matters Pertaining To aeronautics In The State Of West Virginia › Section 171-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules govern the
				expenditure of funds for Civil Air Patrol expenses.
1.2. Authority. -- W. Va. Code '29-2A et
				seq.
1.3. Filing Date. -- December
				28, 1982.
1.4. Effective Date. --
				December 28, 1982.
West Virginia Code of State Rules › Agency 171 - Aeronautics Commission › Title 171 - PROCEDURAL RULE WEST VIRGINIA AERONAUTICS COMMISSION › Series 171-03 - Matters Pertaining To aeronautics In The State Of West Virginia › Section 171-3-2 - Civil Air Patrol Expenses; Commission May Expend Funds Pursuant To Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Commission, in addition to all other powers and functions authorized by law, is
				hereby authorized and empowered to expend state funds (1) for the purchase of
				Civil Air Patrol aviation education training aid books, materials and
				equipment; (2) to defray maintenance, repair and replacement costs of Civil Air
				Patrol aircraft; (3) to purchase and obtain supplies and equipment for the
				Civil Air Patrol; and (4) to maintain the communications network for the Civil
				Air Patrol.
2.2. No expenditure of
				state funds for any such purposes may be made unless the purchase order is
				first approved by the Commission in accordance with Commission's Rules and
				Regulations relating thereto. Only funds specifically appropriated by the
				Legislature for such purposes may be so expended by the Commission and funds so
				appropriated shall be expended for no other purposes.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule addresses
				the conduct of meetings, the organization, the compensation and reimbursement,
				the election of officers, the appointment of an Executive Director and the
				duties of the Board of Directors of the West Virginia State Rail
				Authority.
1.2. Authority. -- W.
				Va. Code '29-18, et. seq.
1.3.
				Filing Date. -- July 25, 2001.
1.4.
				Effective Date. -- September 1, 2001.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Authority" means the West Virginia
				State Rail Authority.
2.2. "Board
				of Directors" means the Authority members duly appointed by the Governor of
				West Virginia.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-3 - Office of the Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				principal office of the Authority shall be located in Hardy County, West
				Virginia. Regional sub offices may be located at such other places as the Board
				of Directors may, by resolution, so designate.
3.2. The Board of Directors may, by
				resolution, change the location of any regional office of the
				Authority.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-4 - Board of Directors

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board of
				Directors of the Authority shall consist of six members appointed pursuant to
				the provisions of W. Va. Code '29-18-4.
4.2. The Secretary of the West Virginia
				Department of Transportation shall serve as the Chairman of the Board of
				Directors.
4.3. The Board of
				Directors shall hold an election for vice chairman during the last board
				meeting of each fiscal year. Only appointed members of the Authority shall
				serve in this capacity.
4.4. A
				secretary-treasurer, who need not be a member of the Authority, shall also be
				appointed by the Board of Directors.
4.5. If for any reason an election cannot be
				held during the last board meeting of each fiscal year, the officers serving
				shall continue to act in their elected capacity until a meeting can be held to
				elect new officers. The term of office of any person elected shall begin on
				July 1st. and expire on June 30th. in the next calendar year.
4.6. Vacancies on the Board of Directors
				shall be filled by appointment of the Governor as set forth in W. Va. Code
				'29-18-4.
4.7. If for any reason
				any member of the Board of Directors is unable to attend three consecutive
				meetings, the Chairman of the Board shall direct a communication to such member
				pointing out the fact that three consecutive meetings have been missed and
				requesting the resignation of such member.
4.8. If at any time a member of the Board of
				Directors resigns, the Chairman or his designated representative, shall
				immediately inform the Governor of West Virginia of such resignation and
				request that a new member be appointed.
4.9. The Board of Directors may hold their
				meetings at such place or places as they may from time to time determine.
4.10. The property and business of
				the Authority shall be managed by the Board of Directors which may (subject to
				the limitation of the laws of West Virginia and these rules) exercise all such
				powers of the Authority as are authorized by law.
4.11. Board of Director members, except for
				the Chairman, shall be entitled to reimbursement for travel expenses to and
				from Board of Directors meetings and during official duties assigned by
				majority vote of the Board of Directors or authorized by the Chairman.
				Reimbursement of travel expenses shall include mileage at the rate established
				for employees of the West Virginia Department of Transportation. Reimbursement
				of meals, lodging and other legitimate expenses shall be in accordance with W.
				Va. Code '4-2A-7.
4.12. Board of
				Director members, except for the Chairman, shall receive the same compensation
				as is paid to members of the West Virginia Legislature for their interim duties
				in accordance with W. Va.. Code '4-2A-7.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-5 - Meetings of the Board of Directors

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				All meetings shall be held in accordance with the West Virginia Open
				Governmental Proceeding Act, W. Va. Code '6-9A.
5.2. The Chairman may call special meetings
				of the Board of Directors on three days notice to each member, personally or by
				telephone or e-mail, or on seven days notice by mail. The Chairman shall call
				special meetings in like manner and on like notice on the written request of
				two members.
5.3. At all meetings
				of the Board of Directors, four members of the Authority shall constitute a
				quorum and the affirmative vote of four members shall be necessary for any
				action taken by vote of the Board of Directors.
5.4. Any meeting of the Board of Directors
				may be attended by members by means of any form of electronic voice
				communication, provided that all members can simultaneously hear the
				proceedings and be heard by all the other members and the public in attendance
				at the meeting. A quorum for any meeting so held shall be computed on the basis
				of all persons in voice contact with each other. Any meeting so held shall be a
				formal meeting of the Board of Directors for all purposes, and any business may
				be transacted at such meeting that could be transacted if the members of the
				Board of Directors were assembled in physical proximity to each
				other.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-6 - Officers of the Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Chairman, Vice Chairman and the Secretary-Treasurer shall be officers of the
				Authority.
6.2. Each officer of
				the Authority, other than the Chairman, shall hold his or her office until the
				next annual election or resignation of the officer as provided in subsections
				3.7 and 3.8 of this rule.
6.3. The
				Chairman of the Board of Directors, and in his absence the Vice Chairman, and
				in their absence any Director chosen by the members present, shall act as
				Chairman of meetings of the Board of Directors. The Secretary-Treasurer and in
				his or her absence any Director appointed by the Chairman or the presiding
				officer shall act as Secretary of meetings of the Board of Directors.
6.4. The Board of Directors shall appoint an
				Executive Director of the Authority. The Executive Director shall meet the
				qualification for the position as are detailed in the position description in
				the Office of the Secretary, West Virginia Department of
				Transportation.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-7 - Duties of Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Executive Director shall be the principal executive of the Authority and shall,
				in general, supervise and control all of the business and affairs of the
				Authority. Except as restricted by the laws of West Virginia and these rules,
				he or she may sign any deeds, mortgages, bonds, contracts or other instruments
				which are authorized to be executed; and in general shall have and perform all
				powers and duties incident to the office of the Executive Director and such
				other powers and duties as may be prescribed by the Board of Directors from
				time to time.
7.2. The Executive
				Director shall have authority in his discretion unless otherwise restricted by
				the laws of West Virginia to:
7.2.a. make or
				enter into contracts, commitments, underwriting, investments, loans and sales
				of any nature, herein collectively called Acommitments, in the ordinary course
				of business; provided, however, that except as may be specifically authorized
				or approved by the Board of Directors;
7.2.b. employ or enter into agreements with
				agents, employees, independent contractors or consultants or advisors or
				advisory services and prescribe their duties an their compensation, fees and
				expenses;
7.2.c. make arrangements
				for offices, service contracts and other facilities and enter into contracts or
				leases for such purposes;
7.2.d.
				carry on litigation, submit or agree to arbitration and otherwise settle or
				compromise disputes.
7.2.e. The
				Executive Director is further authorized to delegate reasonable and customary
				authority to other officers or employees of the Authority in his
				discretion.
7.2.f. The Executive
				Director shall make periodic reports and special reports when he or she deems
				it desirable or when requested by the Board of Directors summarizing in
				reasonable detail action by him pursuant to the above.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-8 - Resignations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any member, officer or agent of the
				Authority may, subject to the contrary provision in any applicable contract,
				resign at any time by giving written notice to the Board of Directors, to the
				Chairman or to the Secretary-Treasurer of the Authority. Any such resignation
				shall take effect at the time specified therein or, if the time is not
				specified, upon receipt thereof, and unless otherwise specified therein,
				acceptance of such resignation shall not be necessary to make it
				effective.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-9 - Fiscal Year

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The fiscal
				year of the Authority begins on the first day of July and ends on the last day
				of June in each year.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-01 - Organization And Meetings › Section 172-1-10 - Seal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Authority shall have a seal
				containing the name of the Authority and the words AState Rail Authority. Said
				seal may be used by causing it to be impressed or affixed or reproduced in any
				manner whatsoever.
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-02 - Valuation Of Used Rolling Stock And Equipment › Section 172-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule sets forth the
				methods for determining value of used rolling stock or equipment to be
				purchased by the West Virginia State Rail Authority
1.2. Authority. -- W. Va. Code
				§
									29-18-6-11(B)(i).
1.3. Filing
				Date. -- April 6, 2011.
1.4.
				Effective Date. -- April 6, 2011.