reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-1 - 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 licensing of private detectives and security
				guards by the Secretary of State.
1.2. Authority. -- W. Va. Code ''30-18 et
				seq., 30-1-8 and 29A-5 et seq.
1.3.
				Filing Date. -- November 20, 2000.
1.4. Effective Date. -- December 21,
				2000.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-2 - Request For Hearing Following DenialOfInitial Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any individual or firm denied initial
				licensure 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 initial license 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 return receipt requested in a
				manner required by W. Va. Code '56-2-1.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-3 - Reapplication Following Denial Of Initial Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Secretary of State shall not accept
				any reapplication from any applicant who has been denied initial licensure
				until one (1) year has passed from the date of the denial of initial licensure
				unless the applicant can clearly demonstrate or document corrections or
				compliance with the conditions or terms which caused the denial of the initial
				licensure.
3.2. If an applicant
				reapplies for licensure within one (1) year from the date of the denial of the
				initial licensure and does not demonstrate or document such corrections or
				compliance, then the applicant shall not be entitled to a hearing on the
				Secretary of State's refusal to accept the reapplication.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-4 - Required Hearings Prior To Suspension, Revocation Or Refusal To Renew; Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prior to
				suspension, revocation or refusal to renew a license, the Secretary of State
				shall notify the person affected of the intent to suspend, revoke or deny
				renewal.
4.2. The notice shall
				contain a short, plain statement of the matters asserted; the date, time and
				place of hearing and a statement of intention to appoint a hearing examiner, if
				one is to be appointed pursuant to Section 9 of these rules.
4.3. Notice shall be received by the party
				affected at least thirty (30) days prior to the hearing and shall be delivered
				return receipt requested in a manner required by W. Va. Code '56-2-1.
4.4. The hearing shall be held within
				forty-five (45) days of the receipt of the notice by the party affected, as
				indicated by the return receipt requested.
4.5. Failure to appear, unless granted a
				continuance, on the date and at the time of the hearing shall be deemed default
				and a suspension, revocation or renewal denial order shall be entered and put
				into effect.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-5 - Conduct Of Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				party shall have the right to be represented by an attorney-at-law, duly
				qualified to practice in the State of West Virginia.
5.2. The Secretary of State may be
				represented by the office of the Attorney General.
5.3. The rules of evidence as applied in
				civil cases in the circuit court of this State shall be followed.
5.4. 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.
5.5. The agency
				shall be bound by the rules of privilege recognized by law.
5.6. Documentary evidence may be received in
				the form of copies or excerpts or by incorporation of reference.
5.7. 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.
5.8. 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.
5.9. The
				Secretary of State shall have the right to cross-examine witnesses providing
				rebuttal testimony.
5.10.
				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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-6 - Continuation Or Delay Of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. 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.
6.2. Each
				party, including the Secretary of State, shall be permitted only one (1) motion
				to continue or delay a hearing.
6.3. Any continuance or delay shall not
				exceed fifteen (15) days from the last scheduled date of the hearing.
6.4. 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-7 - Transcription Of Reported Testimony And Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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.
7.2. 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.
7.3. 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.
7.4. 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.
7.5. 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-8 - 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-9 - 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-10 - Conferences; Informal Disposition Of Cases

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:
(a) To dispose of procedural request or
				similar matters;
(b) To simplify or
				settle issues by consent of the parties; or
(c) 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-11 - 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-12 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. 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-5-1b.
12.2. 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-13 - 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-14 - 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 153-12 - Rules Of Procedure For Contested Case Hearings Related To Licensing Of Private Detectives And Security Guards › Section 153-12-15 - 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 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule amends criteria to assure neutrality and security in the selection process
				for early voting in-person community voting locations and establishes processes
				and deadlines for establishing such precincts.
1.2. Authority. -- W. Va. Code §
									3-3-2a(c).
1.3. Filing Date. -- April 24,
				2023.
1.4. Effective Date. -- April
				24, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purposes of this rule:
2.1.1. "Broadcast"
				means announced or advertised on over-the-air, cable, or satellite television
				or radio.
2.1.2. "Clerk" means the
				Clerk of the County Commission or other official charged with the
				administration of elections.
2.1.3.
				"Early voting" means early in-person absentee voting as provided for in W. Va.
				Code §
										3-3-3.
2.1.4. "Permanent structure" means a building
				or permanent fixture not erected solely for the purpose of serving as a
				satellite location and specifically excludes mall kiosks, mobile vehicles,
				motor homes, or recreational vehicles.
2.1.5. "Published" means a Class 11-0 legal
				advertisement as defined in W. Va. State Code §
										59-3-2. For counties having more
				than one qualified newspapers weekly, the notice must be published in each of
				the qualified newspapers.
2.1.6.
				"Community voting location or locations" means one or more locations for
				in-person early voting in addition to the primary location as provided for in
				W. Va. Code §
										3-3-2a.
2.1.7. "Election day" means the regularly
				scheduled date of a primary election according to W. Va. Code §
										3-5-1, a general election under W.
				Va. Code §
										3-1-31(a), or a
				special election under the authorizing statute or official act, and shall not
				be interpreted to refer to the first day of early in-person
				voting.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-3 - Early Voting Community Voting Location Selection; Emergency Location Changes

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No less than
				120 days prior to election day, the clerk shall submit a proposal for an early
				voting community voting location in writing to the County Commission for
				approval or disapproval.
3.2. The
				proposal submitted by the clerk shall include:
3.2.1. The proposed location or locations for
				early voting community voting locations;
3.2.1.a. The proposed location must be in a
				permanent structure, with preference given to public buildings, and capable of
				being secured during times when election officials are not present;
3.2.1.b. The proposed location must have
				secure access to the internet, or telephone access, for purposes of immediately
				crediting the voters vote.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-4 - Crediting of Voter Record

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Any voter who votes at an early voting community voting location shall
				immediately be given credit in the uniform voter registration system, or an
				electronic poll book system, as the case may be, and the clerk shall take all
				necessary steps to prevent a voter from voting more than once. In community
				voting locations that do not have secure internet access available, the poll
				workers shall call the County Clerk's office, before allowing the voter to
				vote, to determine if the voter has already voted at another location, and to
				give immediate credit in the uniform voter registration system.
4.2. If internet access to the uniform voter
				registration system is temporarily interrupted, the voter may:
4.2.1. Wait until access has been
				reestablished; or
4.2.2. Go to
				another location to vote early; or
4.2.3. Vote a provisional ballot. The
				provisional ballot will not be counted unless it is confirmed at canvassing
				that the voter did not vote a second ballot.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-5 - Procedures for Conducting Early Voting at Community Voting Locations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All election
				material and equipment used at any community voting location shall be prepared
				in the same manner as the equipment used during early voting at the primary
				location including, but not limited to:
5.1.1.
				Provisions for the security of ballots and other election material;
				and
5.1.2. Logistics and accuracy
				testing of voting equipment.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-6 - Security

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Security of
				both used and unused ballots, any voting equipment and supplies and all poll
				books must be maintained in the same manner as at the primary early voting
				location according to provisions of W. Va. Code §§
									3-1-1
et seq
.,
				3-3-2a(d)(2) and 3-3-3.
6.2. The
				official in charge of conducting early voting must provide a means by which the
				ballot boxes, supplies and voting equipment are secured from tampering. Ballot
				boxes, supplies and machines, during periods when voting is not taking place,
				must be locked and secured in such a way so that no person other than the
				officials or employees of the official designated to conduct early voting or
				members of the board of ballot commissioners may enter the area or room set
				aside for voting or access the voting equipment.
6.3. At the end of voting hours each day
				during early voting, the two (2) community voting location employees will
				record the number of the last ballot used and will record the number of votes
				recorded on voting equipment.
6.3.1. In
				counties using Direct Recording Electronic (DRE) voting system, the
				Personalized Electronic Ballots (PEB) shall be secured in a receptacle and
				sealed with a numbered seal. The seal number is to be recorded with the record
				of the public count from the machine.
6.3.2. In counties using ExpressVote voting
				system, the unused ballots shall be secured in a receptacle and sealed with two
				(2) locks with different keys, a numbered seal or security tape.
6.3.2.a. If locks are used, each community
				voting location employee shall keep one (1) key for one (1) lock so that the
				box cannot be open without both employees present.
6.3.2.b. If a numbered seal is used, the seal
				number is to be recorded with the record of the public count from the precinct
				scanner. If security tape is used, two (2) community voting location employees
				shall sign their names across the tape.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-7 - Ballot disposition and counting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Ballots shall be counted in the manner
				prescribed by W. Va. Code §
									3-3-8.
7.2. For counties using paper ballots, the
				ballot boxes shall be sealed and transported by two (2) community voting
				location workers, of differing political affiliation, to the main early voting
				location before being counted.
7.3.
				For counties using optical scan systems, direct recording or ExpressVote
				equipment, the ballots and machine memory device(s) shall be sealed and
				transported by the two (2) community voting location workers, of differing
				political affiliation, to the main early voting location before being
				counted.
7.4. Provisional ballots
				will be placed in a sealed bag and transported to the main early voting
				location for disposition in accordance with W. Va. Code §
									3-3-8(d).
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-13 - Early Voting In-Person Satellite Precincts › Section 153-13-8 - Public Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Not later
				than seven (7) calendar days before the start of early voting, the county
				commission shall cause a notice to be broadcast in a manner sufficient to reach
				a majority of citizens in the county as determined by the County Commission or
				published as defined in Section two of this rule, and placed on the county's
				website (if applicable). The notice placed on the county's website must remain
				on the website until the close of the early voting period. All notices shall
				state the location or locations and dates and hours of operation for each early
				voting community voting location.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-14 - Guidelines For The Use Of Nicknames And Other Designations On The Ballot › Section 153-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule clarifies the guidelines to be used by the secretary of state and the
				county board of ballot commissioners in determining how a name is to be printed
				on the ballot. See W. Va. Code §
									3-1-21.
1.2. Authority. -- W. Va. Code §
									3-1A-6.
1.3. Filing Date. -- May 8, 2024.
1.4. Effective Date. -- May 8,
				2024.
1.5. Sunset Provision. --
				This Rules shall terminate and have no further force of effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-14 - Guidelines For The Use Of Nicknames And Other Designations On The Ballot › Section 153-14-2 - Allowable Additions or Alterations to Legal Names

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A nickname by which a person is commonly
				known, provided it does not violate the restrictions described herein, may be
				used on the ballot in lieu of the candidate's first name or may be placed
				within the name, either in quotation marks or parentheses.
Examples: Bill Trees, William "Bill" Trees, Elizabeth (Betsy)
				  Bond, Liz Bond, Carl "Junior" Rivers, Ester "Lilly" Smith.
2.2. A candidate may use a gender honorific
				or contraction as a prefix to their name, or a generational suffix that is
				included in the candidate's legal name.
Examples: Ms. Taylor Brown, Mr. Lamont Smith, Miss Devon
				  Williams, Mister John "Swifty" Walters, or Missus Sophia Powell.
Examples: Ed Roe, Jr.; Thomas Orr, Sr.; Lloyd Wilson,
				  III.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-14 - Guidelines For The Use Of Nicknames And Other Designations On The Ballot › Section 153-14-3 - Unallowable Additions or Alterations to Legal Names

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No title, position name or other
				designation which is not a part of an individual's legal name shall be placed
				before the name on the ballot.
Examples: Dr., Rev., Capt., Col., Maj., Supt., Pres., Coach,
				  Brother, Father, Rabbi, Chief, Auctioneer, Sen., Cong., Del., Sheriff.
3.2. No degree, rank or other
				designation which is not a part of an individual's legal name shall be placed
				before or after a name on the ballot.
Examples: Ph.D., M.D., D.V.M., CPA, R.N., Lt., Sgt. 1st
				  Class.
3.3. No nickname
				which carries a common meaning which denotes status or membership in a class of
				persons, or which is commonly used as or suggests a title, position
				designation, or other similar designation shall be placed before, after, or
				within a name on the ballot, whether or not the candidate has or has not held
				the position represented by the title.
Examples: Howard "Sarge" Jones, Earl "Chief" Weber, Lydia
				  (Doc) Miller, "General" Lee Upton, Lou (Coach) Jones, John "Congressman"
				  Adkins.
3.4. No nickname
				which suggests specific action by the voter shall be placed on the ballot.
Examples: Sam "Single Shot" Roberts, Joe "Vote Straight"
				  Jones.
3.5. No variation in
				the typography of a name which calls attention to that name on the ballot shall
				be allowed. The standard for whether the name will be used is one based on the
				personal common use of the name by the candidate over a period of time. The
				candidate's signature, legal name status pursuant to W. Va. Code §48-5-1,
				driver's license, phone book spelling, etc., can be used. If a clear
				preponderance of such evidence reflects the requested spelling, then it should
				be printed.
Examples: OTIS Slevptvacowicz, SteVen WilSon, mmm
				  GOODman.
3.6. No slogan may
				be used under the guise of a nickname.
Examples: Franklin "New Deal" Roosevelt, Jimmy "Why Not The
				  Best" Carter.
3.7. No
				addition to a legal name may be used to indicate associations with particular
				individuals or causes.
Examples: Joseph "Reagan" Johnson, Charles "Chuck Yeager"
				  Browning, Mamie "ERA" Monroe, Alice "Gun Control" Anderson.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-14 - Guidelines For The Use Of Nicknames And Other Designations On The Ballot › Section 153-14-4 - Maximum Length of Name

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Because space and typographical limitations affect ballot printing, the length
				of names on the ballot are hereby limited.
4.2. When a candidate specifies a name for
				the ballot which incorporates names other than his or her legal name, and which
				includes more than twenty-five (25) letters, the secretary of state or county
				clerk may require the candidate to designate a name for the ballot including no
				more than twenty-five (25) letters. If the candidate fails to comply, the
				secretary of state or county clerk shall use only the candidate's legal
				name.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-15 - Filing Fees For Organizations › Section 153-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides for the establishment of a filing fee for every registration
				statement filed with the Secretary of State by an organization required by law
				to file with the Secretary of State for which filing fees are not otherwise
				established.
1.2. Authority. -- W.
				Va. Code ''46A-6C-5(e), 46A-6G-8(d).
1.3. Filing Date. -- April 4, 2000.
1.4. Effective Date. -- April 4,
				2000.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-15 - Filing Fees For Organizations › Section 153-15-2 - Filing Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any
				organization required to file a registration statement with the Secretary of
				State's office, pursuant to the provisions of W. Va Code '46A-6C-1 et seq.,
				shall pay a fee of fifty (50) dollars.
2.2. A registration statement is not complete
				without this fee accompanying it. A registration statement is invalid if the
				check used to pay the fee is returned due to a lack of funds, effective the day
				the returned check is received by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-15 - Filing Fees For Organizations › Section 153-15-3 - Filing Fee for Purchasers of Future Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any organization required to file a
				registration statement as a Purchaser of Future Payments with the Secretary of
				State's office, pursuant to the provisions of W. Va. Code '46A-6G-1 et seq.,
				shall pay a fee of fifty (50) dollars.
3.2. A registration statement is not complete
				without this fee accompanying it. A registration statement is invalid if the
				check used to pay the fee is returned due to a lack of funds, effective the day
				the returned check is received by the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-16 - Uniform Commercial Code Electronic Filing › Section 153-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes how Uniform Commercial Code lien filings can be
				made using online access.
1.2.
				Authority. -- W. Va. Code §
									46-9-526 and
				153CSR35.
1.3. Filing Date. --
				August 4, 2006.
1.4. Effective
				Date. -- September 5, 2006.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-16 - Uniform Commercial Code Electronic Filing › Section 153-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purpose of this rule:
2.1.1. "Electronic
				record" means any record maintained in a database by the Secretary of State,
				which becomes available for access electronically at a remote location, and
				which may include those portions of the complete record as are public and
				considered appropriate to include in the viewable database, as determined by
				the Secretary of State.
2.1.2.
				"Online" means accessible via a computer or a computer network.
2.1.3. "Online access" means access to view
				any available electronic record from a remote site via the Internet, modem, or
				other means of electronic data communication.
2.1.4. "UCC" means the Uniform Commercial
				Code.
2.1.5. "User" means each
				concurrent use by a subscriber using a single access identification.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-16 - Uniform Commercial Code Electronic Filing › Section 153-16-3 - Filing Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The filing fee
				for filing UCC liens online is ten dollars for any one filing, as established
				by W. Va. Code § 45-9-525.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-16 - Uniform Commercial Code Electronic Filing › Section 153-16-5 - Information Required in an Online UCC Filing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If an organization is named as debtor,
				it should provide its name exactly as it appears on the corporate records, with
				no abbreviation unless such abbreviation appears in its corporate title. The
				organization cannot be a DBA and cannot be combined with another
				debtor.
5.2. If an individual is
				named as a debtor, the individual should provide its exact and full name,
				including suffix ("Jr.", "Sr.", etc.) when applicable ;
5.3. Each UCC filing made online must contain
				the following information:
5.3.1. the full
				address for the debtor;
5.3.2. the
				tax identification number issued by a state's department of tax to each debtor,
				if available;
5.3.3. the
				organizational type of each debtor (LLC, Corporation, etc.);
5.3.4. the state in which the organization
				has been registered;
5.3.5. the
				identification number issued to the organization or individual when it was
				registered. If the organization's state of origin does not issue organization
				identification numbers, mark "None";
5.3.6. for a second debtor, the requirements
				of this Section are repeated. If there are more than two debtors, the addendum
				for additional debtors is completed using the requirements of this
				Section.;
5.3.7. the name of the
				secured party is entered using the requirements of this Section;
5.3.8. the description of the collateral. If
				there is not room for all information to be included, type "See attachment" and
				attach additional information to filing.
5.3.9. the alternative designation, if
				applicable; and
5.3.10. any
				additional information that may be helpful in the filing process.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-16 - Uniform Commercial Code Electronic Filing › Section 153-16-6 - Acceptance and Refusal of Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Acceptance or refusal of liens filed
				online are in accordance with 153CRS35 and W. Va. Code §
									46-9-526. The
				electronic record will be reviewed. If the user has filled in all of the
				mandatory information, the correct fee has been paid, and no fraudulent intent
				is suspected, the filing will be accepted.
6.1.1. Acknowledgment of the accepted filing
				will be sent to the user indicated on the form.
6.1.2. Online access to the filed records is
				available so the user can check the filed documents if needed.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-17 - Submission of Documents for Qualified Newspapers › Section 153-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				interpretive rule establishes the conditions for approval of documents filed by
				a newspaper with the Secretary of State seeking to publish legal advertisements
				under the provisions of Article 3, Chapter 59 of the Code of West
				Virginia.
1.2. Authority. -- W. Va.
				Code §§
									29-19-3(c);
				29-19-5(a);
				29-19-5(c);
				29-19-8;
				29-19-9;
				29-19-15(d).
1.3. Filing Date. - December 4,
				2018
1.4. Effective Date. - January
				3, 2019
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-17 - Submission of Documents for Qualified Newspapers › Section 153-17-2 - Other Documents Prescribed by the Secretary of State

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Each newspaper shall submit to the
				Secretary of State:
2.1.1. An original
				Affidavit of Circulation and Qualification (Form NW-1);
2.1.2. A copy of the newspaper's "Statement
				of Ownership, Management and Circulation" filed with the United States Postal
				Service (U.S.P.S.);
2.1.3. A copy
				of the mailing permit issued by the U.S.P.S.; and
2.1.4. Any other documents that are required
				by the Secretary of State to approve the filing of the document.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-17 - Submission of Documents for Qualified Newspapers › Section 153-17-3 - Examination of Affidavit and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Secretary of State shall examine
				each affidavit to insure conformity with the Newspapers and Legal
				Advertisements Article of the Code. Such examination shall include the
				following areas:
3.1.1. The affiant shall
				swear or affirm in the affidavit how the newspaper satisfies the statutory
				requirements:
3.1.1.1. The date the Board of
				Directors of the newspaper authorized the filing of the affidavit;
3.1.1.2. The average paid circulation in the
				preceding calendar year;
3.1.1.3.
				The number of years and months the newspaper has been continuously
				published;
3.1.1.4. An attestation
				that the newspaper has been published at least weekly for fifty (50) weeks or
				more in the subject calendar year;
3.1.1.5. An affirmation that the newspaper is
				published by having been first placed in circulation in a specified
				municipality and county of this State.
3.1.1.5.a. For the purpose of this rule, the
				phrase A first placed in circulation@ shall mean the city and county in which
				the newspaper has a physical office location, and which is designated on the
				postal permit issued by the U.S.P.S.;
3.1.1.6. An affirmation that the newspaper is
				of general circulation and interest;
3.1.1.7. An affirmation that the newspaper
				has actual circulation throughout the publication area large enough to give a
				reasonable belief that a legal advertisement will give effective notice to the
				residents of the publication area;
3.1.1.8. That the newspaper averages four (4)
				or more pages in length per issue, exclusive of any cover;
3.1.1.9. The definite price of the newspaper
				circulated to the general public;
3.1.1.10. An affirmation that the newspaper
				is relied upon by the general public for events of a political, religious,
				commercial and social nature, and for current happenings, announcements,
				miscellaneous reading matters, advertisements and other
				notices.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-17 - Submission of Documents for Qualified Newspapers › Section 153-17-4 - Copies to be Filed

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At the
				time a publisher or proprietor of a qualified newspaper files an affidavit with
				the Secretary of State, as required by this subsection, the publisher or
				proprietor shall:
4.1.1. Notify the clerk of
				the county commission and the board of Education of the county in which the
				qualified newspaper is published of the circulation classification of the
				qualified newspaper and of the applicable rate for publishing legal
				advertisements in the qualified newspaper during the ensuing twelve-month
				period commencing July 1st.
4.1.2. If the qualified newspaper is
				published in a municipality, the publisher or proprietor shall at the same time
				also furnish the same notification to the clerk or recorder of the
				municipality.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-17 - Submission of Documents for Qualified Newspapers › Section 153-17-5 - Duties of the Secretary of State

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No later than December
				31st of each year, the Secretary of State shall:
5.1.1. Publish and maintain a publically
				accessible database available on the Secretary of State's website to allow the
				local government and general public verify the filing of the qualified
				newspapers.
5.1.2. Issue a
				Certificate to each approved qualified newspaper.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule details procedures for the board of canvassers for canvassing the results
				of elections conducted with paper ballots or electronically tabulated ballots,
				including optical scan ballots.
1.2. Authority. -- W. Va. Code §
									3-1A-6.
1.3. Filing Date. -- May 7, 2018.
1.4. Effective Date. -- May 7,
				2018.
1.5. This rule shall
				terminate and have no further force or effect on May 7, 2028.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board of
				canvassers" or "board" means:
2.1.a. The
				county commission of each county for any statewide primary, general or special
				election held throughout the county, and for any other election conducted in
				conjunction with a statewide election using the same precincts and election
				officials;
2.1.b. The county
				commission of the affected county for any special election ordered by that
				Commission and held throughout all or part of that county, and for any other
				election conducted in conjunction with that county election using the same
				precincts and election officials;
2.1.c. The county commission for any special
				levy or bond election ordered by the board of education;
2.1.d. The municipal governing body for any
				primary, general or special election conducted by the municipal governing body
				entirely within the city and not held in conjunction with any county or state
				election.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-3 - Preparation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The governing
				body constituting the board of canvassers shall schedule the canvass to begin
				on the fifth day, not counting Sunday, after every election. If the fifth day
				falls on a Saturday or legal holiday, the canvass shall begin on the next
				business day.
3.1.a. For a canvass conducted
				by the county commission, the canvass shall be held at the county
				courthouse.
3.1.b. For a canvass
				conducted by a municipal governing body, the canvass shall be held at city
				hall.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-4 - Order of Canvassing Procedures by Voting System

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For canvasses of elections conducted
				with paper ballots, the board of canvassers shall proceed with steps outlined
				in sections 5, 6, 9, 10 and 11, in that order.
4.2. For canvasses of elections conducted
				with electronically tabulated ballots, the board of canvassers shall proceed
				with steps outlined in sections 5, 6, 8, 9, 10 and 11, in that order.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-5 - Receiving the Absentee Ballots for All Voting Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The clerk responsible for absentee
				voting for the election shall deliver to the board of canvassers all absentee
				ballots, lists and other documentation as follows:
5.1.a. All absentee ballots postmarked on or
				before election day but received after delivery to the polls, along with the
				original applications and a precinct list of those ballots, to be delivered in
				packets labeled with the precinct number;
5.1.b. All absentee ballots challenged by the
				county clerk, along with the original applications and a precinct list of those
				ballots, to be delivered in packets by precinct; and
5.1.c. All absentee ballots not postmarked by
				election day and received after the polls are closed, along with the original
				applications and a list of those ballots, to be delivered in a single
				packet.
5.1.d. Certification by the
				clerk responsible for absentee voting that the voter registration records for
				each absentee voter have been examined and that all unchallenged absentee
				ballots were cast by voters properly registered.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-18 - Procedures for Canvassing Elections › Section 153-18-6 - Canvassing Each Precinct

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At
				least once annually, and not less than 15 days before the first election held
				in that calendar year, the Secretary of State shall provide a step procedures
				manual for canvassing individual precincts to each governing body responsible
				for canvassing the returns of that election.
6.1.a. The manual shall include detailed
				descriptions of the steps required to verify the accuracy of the "Statement of
				Ballots Used", the steps required for processing absentee ballots as provided
				in subsections 5.1.a. and 5.2.c., and the steps required for determining the
				disposition of the challenged ballots.
6.1.b. The manual shall include worksheets
				for the board of canvassers to record the findings relating to each precinct
				and to enter the tallies of challenged or absentee ballots counted by the board
				of canvassers and added to the unofficial results.