reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-4 - Standards of Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
						state administrative law judge shall uphold the integrity and independence of
						the administrative judiciary.
4.1.a. An
						independent and honorable administrative judiciary is indispensable to justice
						in our society. An administrative law judge shall participate in establishing,
						maintaining and enforcing high standards of conduct and shall personally
						observe those standards of conduct so that the integrity and independence of
						the administrative judiciary will be preserved. The provisions of this rule
						should be construed and applied to further that objective.
4.1.b. The fact that an administrative law
						judge rules in favor of the agency by which he or she is employed or serves
						under contract, standing alone, does not establish a lack of
						independence.
4.1.c. The
						compensation of an administrative law judge may not be conditioned upon the
						outcome of a proceeding before that judge.
4.1.d. No provision in this rule prohibits an
						agency or administrative judiciary, in the interest of uniformity and
						consistency, from establishing policies interpreting case law, statutory law,
						and legislative rules, or from establishing operational policies.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-5 - Advisory Opinions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
						chairman of the West Virginia Ethics Commission shall appoint from the
						membership of the commission a committee of three persons designated as the
						West Virginia Ethics Commission Committee on Standards of Conduct for
						Administrative Law Judges. The chairman shall designate one of the persons to
						chair the committee. In addition to the three members of the committee, two
						additional members of the commission shall be designated to serve as alternate
						members of the committee.
5.2. In
						appointing the committee, the chairman of the commission shall not appoint all
						members of the same political affiliation.
5.3. Any person whose conduct is governed by
						the provisions of this code of conduct may make application for an advisory
						opinion from the commission's Committee on Standards of Conduct for
						Administrative Law Judges. All applications for advisory opinions shall be in
						writing and be directed to the committee at 1207 Quarrier Street, Suite 407,
						Charleston, West Virginia 25301.
5.4. All applications for advisory opinions
						must contain the name, address and telephone number of the requester in the
						event additional information is needed.
5.5. All applications for advisory opinions
						should fully describe the applicant's official position, employment, or status
						under this rule.
5.6. All
						applications for advisory opinions should contain an explanation or paragraph
						summarizing the conduct for which the application is being made.
5.7. The committee shall respond in writing
						and in an expeditious manner to a request for an advisory opinion.
5.8. All advisory opinions issued pursuant to
						this rule will be submitted to the Secretary of State for publication and
						indexing in the Code of State Rules.
5.9. Before an advisory opinion is made
						public, any material which may identify the person who is the subject of the
						opinion, shall to the fullest extent possible, be deleted and the identity of
						the person shall not be revealed.
5.10. A person subject to the provisions of
						this rule may rely upon an advisory opinion of the committee, and any person
						acting in good faith reliance on any such opinion shall be immune from the
						sanctions provided in this rule.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-6 - Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The procedures
						for filing and adjudicating a complaint against a state administrative law
						judge for violating the standards of conduct contained in this rule are
						governed by the West Virginia Ethics Commission's procedural rule, Adjudicating
						Complaints Relating to Conduct of State Administrative Law Judges, 158 C.S.R.
						5. The commission shall supply a copy of this procedural rule to any person
						upon request and without charge.
6.2. The code of conduct established by this
						rule shall apply to conduct which occurs on and after the first day of July,
						two thousand five. Any complaint alleging a violation of this rule shall be
						filed within two years after the date on which the alleged violation took
						place.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-7 - Immunity Absent Malicious or Fraudulent Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person, official, or agency who in
						good faith files a verified complaint pursuant to this rule shall be immune
						from any civil liability that otherwise might result by reason of such actions.
7.1.a. In the event a person files a verified
						complaint which is determined by the committee to have been made maliciously or
						fraudulently, either knowing that the statements contained therein were not
						true, or in reckless disregard to the truth or falsity of material allegations
						contained in the complaint, the committee may impose one or more of the
						following sanctions on the complainant:
7.1.a.1. Make reimbursement to the respondent
						for reasonable actual costs incurred by the respondent;
7.1.a.2. Pay reasonable attorney fees
						incurred by the respondent;
7.1.a.3. Make reimbursement to the commission
						for the reasonable actual costs of investigation;
7.1.a.4. Decline to process any further
						complaints from the same individual until all monetary sanctions have been
						satisfied.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-8 - Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the
						commission finds by clear and convincing evidence that one or more charges are
						true and constitute a material violation of this rule, it may impose one or
						more of the following sanctions:
8.1.a. a
						written admonishment;
8.1.b. a
						cease and desist order;
8.1.c. an
						order of restitution of money, thing of value, or services taken or received in
						violation of this rule; and,
8.1.d.
						fines not to exceed one thousand dollars for each violation.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-9 - Conciliation Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
						At any stage of the proceedings, the commission may enter into a conciliation
						agreement with a respondent if such agreement is deemed by a majority of the
						members of the commission to be in the best interest of the state and the
						respondent.
9.2. Any conciliation
						agreement must be disclosed to the public.
9.3. Upon acceptance of a conciliation
						agreement, a majority of the members of the commission may elect to impose one
						or more of the sanctions provided in the preceding section.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-10 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
						respondent may appeal final decisions of the commission involving the issuance
						of sanctions to the circuit court of Kanawha County, West Virginia, only upon
						grounds set forth in W. Va. Code §
									29A-5-4.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-13 - Code Of Conduct For Administrative Law Judges › Section 158-13-11 - Agency Code of Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
						Any agency may develop a code of conduct for its own administrative law judges,
						which shall supersede this rule, provided that the Ethics Commission determines
						that such agency code of conduct substantially complies with the objective of
						this rule.
11.1.a. If the commission grants a
						waiver authorizing an agency to develop its own code of conduct in accordance
						with this provision, a copy of any such code shall be retained in the
						commission's offices and be made available to the public.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-14 - Filing Of Verified Time Records › Section 158-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						legislative rule sets forth the guidelines for the maintenance of verified time
						records by public employees who have other public employment or hold another
						public office and the submission of time records to the Ethics Commission by
						the immediate supervisor of these public employees in accordance with W. Va.
						Code §
									6B-2-5(l).
1.2. Authority. -- W. Va. Code §
									6B-2-5(l).
1.3. Filing Date. -- June 8, 2009.
1.4. Effective Date. -- July 1,
						2009.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-14 - Filing Of Verified Time Records › Section 158-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Public
						employee" means any full-time or part-time employee of any state, county or
						municipal governmental body or any political subdivision thereof, including
						county school boards.
2.2. "Public
						official" means any person who is elected or appointed to any state, county or
						municipal office or position who is responsible for the making of policy or
						takes official action which is either ministerial or nonministerial, or both,
						with respect to:
(1) Contracting for, or
						procurement of, goods and services;
(2) administering or monitoring grants or
						subsidies;
(3) planning or zoning;
(4) inspecting, licensing,
						regulating or auditing any person; or,
(5) any other activity where the official
						action has an economic impact of greater than de minimis nature on the interest
						or interests of any person.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-14 - Filing Of Verified Time Records › Section 158-14-3 - Public Employees Required to Maintain Verified Time Records

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If a public
						employee has other public employment or holds a public office, then the public
						employee shall maintain verified time records for each pay period in which:
3.1.a. the public employee is employed on a
						part-time basis and does not have regularly scheduled work hours and is
						authorized to make up time missed to perform the duties of another public
						office or employment; or,
3.1.b.
						the public employee is either part-time or full-time and is authorized to make
						up, outside of regularly scheduled work hours, time missed to perform the
						duties of another public office or employment.
3.1.c. No verified time records are required
						to be submitted when:
3.1.c.1. The public
						employee's compensation from one public employer is reduced by the amount of
						compensation received from the other public employer;
3.1.c.2. The public employee's compensation
						from one public employer is reduced on a pro rata basis for any work time
						missed to perform duties for the other public employer;
3.1.c.3. The public employee uses earned paid
						vacation, personal or compensatory time or takes unpaid leave from his or her
						public employment to perform the duties of another public office or
						employment.
3.1.c.4. The employee
						is a full-time employee who does not have regularly scheduled work
						hours.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-14 - Filing Of Verified Time Records › Section 158-14-4 - Public Employers Required to File Verified Time Records

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If a public
						employer employees a person who is required to maintain verified time records,
						as required by this rule and W. Va. Code §
									6B-2-5(l), then
						the public employer shall submit the time records to the Ethics Commission on a
						quarterly basis. Time records only need to be submitted for the actual days
						where an employee missed work to perform the functions of another public
						position and was granted permission to make up the work in lieu of having his
						or her compensation reduced on a pro rata basis for the time missed, using
						earned paid vacation, personal or compensatory time, or taking unpaid leave
						from his or her public employment to perform the duties of the other public
						office or employment. Time records shall also be submitted for the day or days
						on which the employee makes up the work.
4.2. If a public employer has actual
						knowledge that an employee is subject to the requirements of this section and
						W. Va. Code §
									6B-2-5(l) then
						the employer shall require the employee to keep time records when required by
						this rule.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-14 - Filing Of Verified Time Records › Section 158-14-5 - Form of Filing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
						Copies of the time records must be submitted with a form which is attached as
						Appendix A to this rule. The form must be completed and signed by both the
						public employee and his or her immediate supervisor.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-14 - Filing Of Verified Time Records › Section 158-14-6 - Designation of Quarters and Time for Filing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The records and attached form must
						either be filed with the Commission or postmarked by the following dates:
6.1.a. For any pay period ending between
						January 1st and March 31st, by April 15th.
6.1.b. For any pay period ending between
						April 1st and June 30th, by August 15th.
6.1.c. For any pay period ending between July
						1st and September 30th, by October 15th.
6.1.d. For any pay period ending between
						October 1st and December 31st, by January 15th.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-14 - Filing Of Verified Time Records › Appendix A - VERIFIED TIME RECORDS

Current through Register Vol. XLI, No. 28, July 12, 2024
THIS FORM AND THE CORRESPONDING VERIFIED TIME RECORDS
							ONLY HAVE TO BE FILED IF DURING THE QUARTERLY REPORTING PERIOD THE PUBLIC
							EMPLOYEE MISSED TIME TO PERFORM THE WORK DUTIES OF ANOTHER PUBLIC OFFICE OR
							EMPLOYMENT AND WAS AUTHORIZED TO MAKE UP TIME. THE TIME RECORDS MUST BE
							SUBMITTED FOR THE ACTUAL WORK DAYS OR PAY PERIODS DURING WHICH THE TIME WAS
							EITHER MISSED OR MADE UP. IF THE TIME IS MADE UP IN ANOTHER REPORTING PERIOD,
							THEN THE PUBLIC EMPLOYEE IS REQUIRED TO SUBMIT THIS FORM AND CORRESPONDING TIME
							RECORDS DURING THAT REPORTING PERIOD AS WELL.
NAME OF PUBLIC EMPLOYEE:
JOB TITLE OF PUBLIC EMPLOYEE:
CHECK THE BOX TO INDICATE IF THE EMPLOYEE IS PART-TIME
							OR FULL-TIME.
PART-TIME:
FULL-TIME:
PUBLIC EMPLOYER:
NAME:
MAILING ADDRESS:
TELEPHONE NUMBER:
PUBLIC EMPLOYEE'S IMMEDIATE SUPERVISOR
:
JOB TITLE OF IMMEDIATE SUPERVISOR:
CHECK A BOX TO INDICATE THE DESIGNATED PAY PERIOD FOR
							THE PUBLIC EMPLOYEE:
WEEKLY:
EVERY TWO WEEKS:
TWICE A MONTH:
OTHER:
IF OTHER, INDICATE IN THE SPACE PROVIDED THE DESIGNATED
							PAY PERIOD:
LIST THE OTHER PUBLIC OFFICE OR EMPLOYMENT HELD BY
							EMPLOYEE. INCLUDE THE ADDRESS AND TELEPHONE NUMBER:
CHECK A BOX TO INDICATE WHETHER THE OTHER PUBLIC OFFICE
							OR EMPLOYMENT IS A PART-TIME OR FULL-TIME POSITION.
PART-TIME:
FULL-TIME:
CHECK QUARTER FOR WHICH THE FORM IS BEING
							FILED:
January 1st - March
							31st
April 1st - June
							30th
July 1st - September
							30th
October 1st - December
							31st
I,___________________, IN ACCORDANCE WITH WEST VIRGINIA
							CODE § 6B-2-5(k), VERIFY THAT THE TIME RECORDS SUBMITTED SHOW THE HOURS
							THAT I DID IN FACT WORK FOR THIS PUBLIC EMPLOYER.
EMPLOYEE SIGNATURE DATE
I,___________________, IN ACCORDANCE WITH WEST VIRGINIA
							CODE § 6B-2-5(k) VERIFY THAT I AM THE IMMEDIATE SUPERVISOR OF THIS
							EMPLOYEE AND THAT, TO THE BEST OF MY KNOWLEDGE, THE TIME RECORDS SUBMITTED SHOW
							THE HOURS THAT THE EMPLOYEE DID IN FACT WORK.
IMMEDIATE SUPERVISOR SIGNATURE
							DATE
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-15 - Compliance Audits › Section 158-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						legislative rule sets forth the guidelines for conducting audits of
						registration statements and reports filed by lobbyists under this
						chapter.
1.2. Authority. -- W. Va.
						Code §
									6B-3-11.
1.3. Filing Date. -- April 14,
						2006.
1.4. Effective Date. -- July
						1, 2006.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-15 - Compliance Audits › Section 58-15-2 - Manner of Conducting Lotteries

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Each year, the Commission will initiate,
						by lottery, random audits of lobbyist registration statements, disclosure
						reports, including lobbyist activity reports and statements of registration
						required to be filed in accordance with the West Virginia Ethics Act.
2.2. For purposes of the lottery, each
						registered lobbyist shall be assigned a number. The lottery shall be conducted
						by Commission staff through the random selection of numbers by a computerized
						random number program in accordance with recognized statistical sampling
						standards.
2.3. The Commission will
						not hold more than four lotteries per year. Each year the number of audits to
						be conducted will be determined by the Commission through resolutions adopted
						at public meetings.
2.4. No
						lobbyist will be subject to a random audit more than once in any 24-month
						period.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-15 - Compliance Audits › Section 158-15-3 - Documents Maintained by Lobbyist

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An audit shall include registration
						statements, notices of representation and lobbyist activity reports, as well as
						other relevant information to verify, explain, clarify, support or contravene
						the registration statements and spending reports.
3.2. An audit shall be limited in time to the
						previous 2 years, except that lobbying activities performed prior to July 1,
						2005, will not be audited under the act.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-15 - Compliance Audits › Section 158-15-4 - Auditor Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
						The audit shall be conducted by a certified public accountant. All certified
						public accountants, sole practitioners, partnerships or professional
						corporations (firm) must meet specific criteria in order to be eligible for
						appointment to conduct an audit. The following criteria must be met by the CPA:
4.1.a. Both resident and non-resident
						certified public accountants must be currently licensed by the West Virginia
						Board of Accountancy to perform accounting services in West Virginia. (W. Va.
						Code §§
										30-9-6,
						30-9-11)
4.1.b. Both resident and non-resident firms
						must possess a valid current business franchise registration issued by the West
						Virginia State Auditor's Office.
4.1.c. Each firm must be registered as a
						vendor with the West Virginia Department of Administration, Purchasing
						Division. The vendor registration form, WV-1, may be obtained by contacting the
						Purchasing Division at 304-558-2311.
4.1.d. The completed WV-1 form must also be
						sent to the West Virginia Ethics Commission.
4.1.e. The firm must have no outstanding or
						delinquent payments due the Bureau of Employment Programs Commissioner for
						either Unemployment Compensation or Workers Compensation insurance
						premiums.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-15 - Compliance Audits › Section 158-15-5 - Audit Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
						The following general procedures will be employed by the Commission and
						certified public accountant when initiating and conducting audits:
5.1.a. At least 30 days prior to the
						initiation of the audit, each audit subject will be advised by letter that it
						was randomly selected for audit and further advised of the time, date, place
						and general scope as well as a tentative time frame for completion of the
						audit. The letter will contain a request for documents deemed necessary for
						conducting the audit.
5.1.b. Prior
						to the initiation of the audit, a review of the subject's reports on file with
						the Commission for a period not to exceed 2 years will be conducted.
5.1.c. The audit will be initiated by way of
						conference with the lobbyist.
5.1.d. The audit will include a detailed
						field examination of the financial records of the audit subject relating to
						lobbying activities.
5.1.e. The
						audit may include independent verification of some or all of the information
						reported.
5.1.f. The audit may
						include related records from other sources, in which case the subject of the
						audit shall cooperate fully and shall execute all waivers, releases or
						authorizations to allow the Commission to obtain the records.
5.1.g. Registered lobbyists shall have an
						affirmative duty to cooperate fully in any audit of themselves.
5.1.h. The audit may include interviews of
						lobbyists and employees thereof and other public officials or individuals
						necessary to the completion of the audit.
5.1.i. A post audit conference will be
						conducted with the subject of the audit.
5.1.j. Post audit preparation of a report
						which describes the result of the audit.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-15 - Compliance Audits › Section 158-15-6 - Audit Report

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
						person or firm that is responsible for performing compliance audits will, at
						the conclusion of each audit, prepare a final audit report which will include
						findings; Provided, That, the findings shall be limited to information
						contained in or relevant to lobbyist registration statements, disclosure
						reports, including lobbyist activity reports and statements of registration. No
						information which is not required to be reported, including but not limited to
						lobbyist compensation, shall be included.
6.1.b. An audit report may include
						recommendations as to record keeping, reporting and other related practices
						arising from the audit.
6.1.c. Upon
						completion, an audit report will be served upon the lobbyist that is the
						subject of the audit.
6.1.d.
						Service of the audit report shall be complete upon mailing.
6.1.e. Within 30 days of service of the audit
						report, the subject of the audit may file with the Commission a statement
						setting forth the subject's position as to the audit report.
6.1.f. Audit reports and any related
						responses shall be submitted to the Executive Director of the Commission for
						review, and may form the basis for further proceedings under the Ethics
						Act.
6.1.g. The Commission must
						approve the report. The report may only be approved once the Commission finds
						that:
6.1.g.1. No further activity is required
						by the auditor;
6.1.g.2. There is
						no information disclosed in the report relating to lobbyist compensation or
						other information which is not required to be disclosed pursuant to W. Va. Code
						§
											6B-3-1 et. seq.
6.1.g.3. The report is final.
6.1.h. If the Commission finds
						that further activity is required by the auditor or that there is information
						contained in the report relating to lobbyist compensation or other information
						which is not required to be disclosed pursuant to W. Va. Code §
										6B-3-1 et. seq., then the
						Commission shall direct the auditor to take further action or to remove any
						portions of the report which contain nonpublic information. The auditor will
						take the action directed by the Commission and then resubmit a revised final
						report for approval by the Commission.
6.1.i. The final audit report and related
						responses will be made available for public inspection after the Commission has
						approved the report.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-16 - Complaints, Probable Cause Review Board and Investigations › Section 158-16-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
						This Procedural Rule establishes the practice and procedure for the
						administration, investigation and disposition of Complaints by the West
						Virginia Ethics Commission's Probable Cause Review Board.
1.2. Authority. -- W. Va. Code §§
									6B-2-1, 6B-2-2, 6B-2-2a, 6B-2-3a and 6B-2-4.
1.3. Filing Date. -- March 12,
						2018.
1.4. Effective Date. -- April
						12, 2018.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-16 - Complaints, Probable Cause Review Board and Investigations › Section 158-16-2 - Verified Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A Verified
						Complaint is one written and verified by oath or affirmation before a notary
						public.
2.2. Any person may file a
						Verified Complaint with the Ethics Commission through hand delivery, United
						States Mail or via electronic mail if the Verified Complaint has been scanned
						and attached to the electronic mail.
2.3. The Executive Director or his or her
						designee shall, within three business days of receipt of a Verified Complaint,
						send a letter to the Complainant by first-class mail acknowledging receipt of
						the Verified Complaint.
2.4. The
						Executive Director of the Ethics Commission, upon majority affirmative vote of
						the Commission, may file a Commission-Initiated Complaint.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-16 - Complaints, Probable Cause Review Board and Investigations › Section 158-16-3 - Probable Cause Review Board

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
						Within fourteen days of the receipt of a Verified Complaint or
						Commission-Initiated Complaint (hereinafter "Complaint"), the Executive
						Director shall refer the Complaint to the Probable Cause Review Board
						(hereinafter "Review Board").
3.2.
						The Review Board must first determine whether the allegations stated in the
						Complaint, if taken as true, would constitute a violation of the Ethics Act
						(hereinafter "Act").
3.3. If the
						Review Board determines that the Complaint does not contain allegations that
						would constitute a violation of the Act, the Review Board shall dismiss the
						Complaint by Order signed by the Review Board Chairperson.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-16 - Complaints, Probable Cause Review Board and Investigations › Section 158-16-4 - Notice of Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
						If the Review Board determines that an allegation in the Complaint, if taken as
						true, would constitute a violation of the Act, then the Executive Director or
						his or her designee shall give notice to the Complainant and Respondent that an
						investigation will begin (hereinafter "Notice of Investigation").
4.2. The Notice of Investigation and a copy
						of the Complaint shall be mailed to the Respondent by certified mail, return
						receipt requested, marked "Addressee only, personal and confidential." The
						Executive Director shall also provide a copy of the Notice of Investigation to
						the Complainant.
4.3. The Notice of
						Investigation shall describe the Respondent's conduct which is the basis for
						the alleged violation of the Act.
4.4. The Notice of Investigation shall advise
						the Respondent that the purpose of the investigation is to determine whether
						probable cause exists to believe that a violation of the Act has occurred which
						may subject the Respondent to sanctions by the Commission, criminal prosecution
						by the state, or civil liability.
4.5. The Notice of Investigation shall also
						inform the Respondent that he or she has the right to appear and make an oral
						response before the Review Board and that he or she must submit a request for
						such an oral response within thirty days of receipt of the Notice of
						Investigation.
4.6. The Notice of
						Investigation shall also inform the Respondent that he or she may respond to
						the Complaint in writing within thirty days of receipt of the Notice of
						Investigation. This time may be extended by the Executive Director, his or her
						designee, or the Chairperson of the Review Board upon a showing of good cause
						by the Respondent._
4.7. The Notice
						of Investigation shall also advise the Respondent that his or her failure or
						refusal to respond to a fact or allegation is not taken as an admission of the
						truth of that fact or allegation.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-16 - Complaints, Probable Cause Review Board and Investigations › Section 158-16-5 - Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Review
						Board has forty-five days following the mailing of the Notice of Investigation
						to commence to consider:
5.1.1. The
						allegations raised in the Complaint;
5.1.2. Any written response filed by the
						Respondent;
5.1.3. Any oral
						response presented by the Respondent;
5.1.4. Other competent, relevant evidence
						submitted by any person to the Commission, and
5.1.5. Other competent, relevant evidence
						gathered by the Commission.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-16 - Complaints, Probable Cause Review Board and Investigations › Section 158-16-6 - Finding of Probable Cause

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
						If the Review Board unanimously finds probable cause to believe that a
						violation of the Act has occurred the Review Board members shall sign an Order
						directing the Commission staff to prepare a Statement of Charges and to
						schedule a hearing within ninety days after the date the Order was
						entered.
6.2. If the Review Board
						fails to find probable cause, the proceedings shall be dismissed by an Order
						issued by the Review Board. Copies of the Order shall be sent to the
						Complainant and the Respondent.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
						This Procedural Rule establishes the practice and procedure for conducting
						hearings pursuant to W. Va. Code §
									6B-2-4.
1.2. Authority. -- W. Va. Code §§
									6B-2-2 and 6B-2-4.
1.3. Filing
						Date. -- April 24, 2018
1.4.
						Effective Date. -- May 25, 2018
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-2 - Notice of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. If the
						Review Board finds probable cause to believe a violation of the Act has
						occurred, the Executive Director shall serve Respondent by certified mail,
						return receipt requested, with a Statement of Charges and a Notice of Hearing
						setting forth the date, time, and place of the hearing,
2.2. The Statement of Charges and Notice of
						Hearing shall be served at least eighty days prior to the date of the
						hearing.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-4 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
						Commission may employ a Hearing Examiner to preside at the hearing and to issue
						a recommended decision containing proposed findings of facts and conclusions of
						law.
4.2. Hearing Examiners must be
						attorneys licensed to practice law in West Virginia with a minimum of five
						years' experience in the practice of law.
4.3. The Hearing Examiner shall comply with
						the Administrative Law Judge Code of Conduct, W. Va. Code §
									6B-2-5a and W.
						Va. Code R. §§ 158-13-1 through 11.
4.4. The Hearing Examiner shall be selected
						by the Executive Director.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-5 - Disqualification of Hearing Examiners

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A party may seek to disqualify the
						Hearing Examiner by filing a written motion asserting the grounds for
						disqualification. The motion must be filed at least thirty days prior to the
						scheduled hearing.
5.2. The Hearing
						Examiner may hold a hearing on the Motion for Disqualification. If the Hearing
						Examiner denies the Motion for Disqualification, he or she shall set forth the
						grounds for denial in writing. If a moving party's Motion for Disqualification
						is denied, he or she may request a hearing before the Commission Chairperson or
						his or her designee who shall review the Motion for Disqualification de novo
						and decide the Motion.
5.3. The
						party seeking to disqualify the Hearing Examiner may request that a full record
						be made. The costs thereof, including the cost of court reporter services,
						witness fees and expenses shall be borne by the moving party unless the moving
						party prevails on the motion. This subsection does not, however, bar the
						Commission from ordering the Respondent to pay this cost in accordance with W.
						Va. Code §
									6B-2-4(s).
5.4. The
						Chairperson or his or her designee shall issue a written decision on the Motion
						for Disqualification as soon as practicable. If a motion is granted, the
						Executive Director shall appoint a new Hearing Examiner. If the motion is
						denied, the Hearing Examiner shall proceed to hear the case within the time
						frame set forth in the Notice of Hearing or may for good cause reschedule the
						hearing to a later date.
5.5. The
						decision on the merits of a motion to disqualify a Hearing Examiner is
						interlocutory and is not subject to direct or immediate appeal.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-6 - Prehearing Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Information
						which is exempt from discovery includes, but is not limited to, the following:
6.1.1. Any record, report, memorandum or
						communication dealing with the internal practice, policy or procedure of the
						Commission;
6.1.2. Any record,
						report, memorandum, or communication of Commission staff or members regarding
						the institution, progress or result of an investigation of a Complaint or made
						in anticipation of or in preparation for a hearing;
6.1.3. The work product of an attorney,
						investigator or other staff member made in the course of an investigation of a
						Complaint or in anticipation of or in preparation for a hearing on the
						Complaint, or any report, record, memorandum, or communication made by
						Commission staff, the Commission, or Review Board, during the investigation of
						a complaint or in anticipation of or in preparation for a hearing on the
						Complaint which is otherwise privileged;
6.1.4 Any memorandum, statement or mental
						impression prepared or obtained by the Commission's attorney or staff;
6.1.5. Any documents protected by
						the attorney-client privilege; and
6.1.6. The identity of confidential
						informants and sources, unless they are to be used as
						witnesses.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-8 - Findings of Fact, Conclusions of Law, and Briefs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Either party may, within fifteen
						business days from the conclusion of the hearing, file with the Commission
						proposed Findings of Fact, Conclusions of Law and a brief containing
						argument.
8.2. Findings of fact
						shall be limited to the facts admitted into evidence at the hearing or made
						part of the record and any facts found through judicial notice.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-9 - Decision of Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
						The Hearing Examiner must issue proposed Findings of Facts and Conclusions of
						Law (hereinafter "Recommended Decision") within forty-five days from receipt of
						the parties' proposed Findings of Fact, Conclusions of Law and
						briefs._
9.2. The Hearing Examiner
						shall provide a copy of the recommended decision to the Executive Director who
						shall provide a copy of it to the parties and the Commission.
9.3. The parties may submit briefs to the
						Commission in support of or in opposition to the Hearing Examiner's recommended
						decision within fourteen days of receipt of the recommended decision.
9.4. The Commission shall then have
						forty-five days within receipt of the entire record to make a final decision on
						behalf of the Commission.
9.5.
						Either party may request an opportunity to make an oral argument to the
						Commission prior to their deliberations on the Hearing Examiner's recommended
						decision and the imposition of appropriate sanctions, if applicable. The
						request must be made in writing and submitted within fifteen business days from
						the conclusion of the hearing.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-10 - Commission as a Hearing Board

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In lieu of employing a Hearing
						Examiner, the Commission may sit as a hearing board to preside at the
						hearing.
10.2. The Chairperson or
						his or her designee may serve as the Presiding Officer of the Hearing Board and
						may exercise all powers of the Hearing Examiner for purposes of handling
						prehearing matters and conducting the hearing.
10.3. If the Commission sits as a Hearing
						Board, it shall issue a final decision in writing within twenty-one days
						following the close of evidence, including receipt of the proposed Findings of
						Fact and Conclusions of Law of the parties. _
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-11 - Administrative Record

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
						exclusive record for decision is:
11.1.1. the
						transcript or recording of testimony at the hearing;
11.1.2. exhibits introduced into evidence at
						the hearing;
11.1.3. all documents
						or evidentiary depositions filed in the proceeding, and
11.1.4. any proposed Findings of Facts and
						Conclusions of Law and briefs submitted by the parties, including briefs
						submitted in support of or in opposition to the Hearing Examiner's recommended
						decision.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-12 - Final Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
						Commission's final decision must be in writing. Within three business days of
						issuing a final decision, the Commission must mail a copy of it to the
						Respondent or Respondent's counsel by certified mail, return receipt requested.
						A copy must also be provided to the Complainant.
12.2. A final decision must be approved by at
						least six members of the Commission.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-17 - Hearings › Section 158-17-13 - Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
						Commission may impose sanctions in accordance with W. Va. Code §
									6B-2-4(s)
						if it finds by clear and convincing evidence that the facts alleged in the
						Complaint are true and constitute a material violation of the Act.
13.2. The Commission may institute civil
						proceedings in the circuit court of the county in which a violation occurred
						for the enforcement of sanctions imposed in its final decision.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-18 - Ethics Training Requirements For Designated Public Officials › Section 158-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						legislative rule establishes a procedure for providing mandatory ethics
						training to designated public officials.
1.2. Authority. -- W. Va. Code §
									6B-2-5b.
1.3. Filing Date. -- April 14,
						2006.
1.4. Effective Date. -- July
						1, 2006.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-18 - Ethics Training Requirements For Designated Public Officials › Section 158-18-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any individual
						who, after July 1, 2005, is elected or appointed to serve in the Legislature,
						as a member of the Board of Public Works, and those positions in the executive
						branch of state government which the Governor designates by executive order,
						shall attend a training course conducted by the Ethics Commission; Provided,
						That, the provisions of this section do not apply to persons who held public
						office prior to July 1, 2005 and who are subsequently reelected or
						reappointed.
2.2. The training
						shall occur within six months after the initial election or appointment. If a
						person is subsequently reelected or appointed, then the requirements of this
						section are satisfied if he or she attended an initial training
						course.
2.3. The Commission shall
						confer with the Speaker of the House and the President of the Senate in order
						to coordinate a mutually convenient time and place to provide a training
						session for all newly elected or appointed members of the
						Legislature.
2.4. The Commission
						shall confer with the Governor in order to coordinate a mutually convenient
						time and place to provide a training session to those persons designated by the
						Governor in accordance with W. Va. Code §
									6B-2-5b.
2.5. The Commission shall confer with the
						members of the Board of Public Works in order to coordinate a mutually
						convenient time and place to provide a training session.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-18 - Ethics Training Requirements For Designated Public Officials › Section 158-18-3 - Nature, Duration and Content of Training

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. During the training course, the
						Commission shall educate the public officials about the general requirements
						and prohibitions contained in the Ethics Act.
3.2. The training shall be one (1) hour
						unless additional time is requested. A reasonable amount of time will be
						allotted during the training session, and, if requested by the public
						officials, at the conclusion of the training session, for a question and answer
						period.
3.3. The Commission shall
						keep records which contain the names of the persons who have undergone the
						training and the dates the training occurred.