reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 50 - Shallow Gas Well Review Board › Title 50 - PROCEDURAL RULE SHALLOW GAS WELL REVIEW BOARD › Series 50-01 - Rules Of practice before The board › Section 50-1-4 - Disputes Under Pooling Order

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Scope.
The rules in this part govern and are applicable to disputes
				  concerning the costs of drilling and operating a well under a pooling order
				  issued by the Board pursuant to Code '22-7-11. In addition to the rules contained
				  in this part, the general rules of practice before the Board contained in Section
				  1 and the rules relating to hearings held by the Board contained in Section 5 are
				  also applicable to such proceedings.
4.2. Initiation of Proceedings; Petition to
				Resolve Dispute.
(a) Proceedings for the
				resolution of disputes concerning the cost of drilling and operating a well under
				a pooling order issued by the Board may be initiated by any party to such pooling
				order by filing a petition to resolve dispute.
(b) Such petition shall be filed with the
				Chairman and copies thereof shall be served upon all other parties owning
				interests in the gas produced from the drilling unit for which the pooling order
				was issued.
West Virginia Code of State Rules › Agency 50 - Shallow Gas Well Review Board › Title 50 - PROCEDURAL RULE SHALLOW GAS WELL REVIEW BOARD › Series 50-01 - Rules Of practice before The board › Section 50-1-5 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Scope.
Unless otherwise specified in these rules, the rules in this
				  part shall govern and apply to hearings conducted by the Board pursuant to the
				  authority provided in Article 7, Chapter 22 of the Code or rules and regulations
				  promulgated pursuant thereto.
5.2. Quorum; Presiding Officer.
No hearings shall be held by the Board unless at least two (2)
				  members of the board are present. The Chairman shall preside over every hearing
				  unless he is absent, in which case, the two (2) members present shall decide who
				  shall preside over the hearing.
5.3. Powers of Presiding Officers.
(a) The Chairman or other presiding officer in
				his absence, subject to the rules set forth in this section, may:
(1) Administer oaths and
				affirmations;
(2) Issue subpoenas in
				accordance with the provisions of '29A-5-1;
(3) Rule upon offers of proof and receive
				relevant evidence;
(4) Permit
				evidentiary depositions to be taken and read as in civil actions in the circuit
				courts of this State;
(5) Permit
				discovery depositions with the agreement of the Board;
(6) Regulate the course of a hearing;
(7) Dispose of procedural requests or similar
				matters;
(8) Hold conferences for the
				settlement or simplification of the issues with the consent of the parties;
				and
(9) Take any other action in
				connection with such hearing authorized by law.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Section 52-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This series governs the practice
				and procedure before the air quality board (the "board") in adjudicatory
				proceedings. [Note: The air quality board was formerly known as the air pollution
				control commission.]
1.1.a. Purpose. -- The
				purpose of these rules is to describe each of the rules of procedure before the
				board in order to provide a fair and orderly ascertainment of the facts and to
				promote the ends of justice and fairness.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Section 52-1-2 - Notice of Appeal; Answer

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Parties to
				the Appeal. A person appealing an action of the chief shall be known as the
				appellant, and the chief shall be known as the appellee.
2.2. Notice of Appeal. The adjudicatory process
				commences by filing a notice of appeal.
a. Form.
				The notice of appeal shall be in the form as prescribed in appendixA. Forms for
				filing the notice of appeal may be obtained from the clerk of the boards, 601
				57th Street, S.E., Charleston, West Virginia 25304,
				(304) 926-0445. All subsequent submissions shall be captioned in the same manner
				as the notice of appeal.
b. When to
				file. An appeal filed by a person authorized by statute to seek review of an
				order, permit or official action shall be perfected by filing a notice of appeal
				with the board within thirty (30) days after the date upon which service of such
				order, permit or official action was complete. For persons entitled by statute to
				appeal the failure or refusal of the appropriate chief or the director to act
				within a reasonable time on an application for a permit, such notice of appeal
				shall be filed within a reasonable time.
c. Content. The notice of appeal shall set
				forth the action complained of, and in separate numbered paragraphs the specific
				objections to the action, including questions of fact and law to be resolved by
				the board. The objections may be factual or legal. An objection not raised by the
				appeal shall be deemed waived, provided that, upon good cause shown, the board
				may agree to hear the objection. The notice of appeal shall conclude with the
				address, telephone number, and signature of the appellant or his or her attorney
				of record.
d. Attachments. Appellant
				shall attach the written notification of the action appealed from to the notice
				of appeal.
e. Service on Permit
				Holder. When an appeal of a permit is filed by a party or parties who are not the
				holders of the permit, the issuance of which, or the terms and conditions of
				which are being appealed, the third party appellant shall serve upon the holder
				of the permit a copy of the notice of appeal at the same time that such notice of
				appeal is filed with the board. The holder of the permit shall be considered a
				party in interest in the appeal proceedings and shall have the right to intervene
				in the appeal.
f. Filing of Notice of
				Appeal on the Chief. In accordance with W. Va. Code §
										22B-1-7(d), within
				seven (7) days after receipt of the notice of appeal, the board shall file a copy
				of the notice of appeal with the appropriate chief or director, and with the
				Office of Legal Services, West Virginia Department of Environmental
				Protection.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Section 52-1-3 - The Certified Record

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certifying
				the Record. Within fourteen (14) days after receipt of his or her copy of the
				notice of appeal, the chief shall prepare and certify to the board a complete
				record of the proceedings out of which the appeal arises, including all documents
				and correspondence in the chief's file relating to the matter in
				question.
3.2. Preparation by Chief.
				In order to preserve the evidentiary value of the certified record, it shall be
				submitted by the appropriate chief in chronological order and each page shall be
				consecutively numbered.
3.3.
				Evidence. The certified record shall be evidence of the agency's consideration of
				matter that is appealed, and shall form the basis of the board's review of the
				matter.
3.4. Amendment. In order to
				remedy an omission, any party may request an amendment to the certified record
				upon written application to the board.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Section 52-1-4 - Filing and Service of Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Where to
				file: all documents required to be filed with the board under these rules shall
				be filed with the clerk of the boards, 601 57th
				Street, S. E., Charleston, West Virginia 25304.
4.2. Method of filing: Filing may be
				accomplished by personal delivery, express mail, or by first class United States
				mail, postage prepaid, of eight (8) duplicate sets.
4.3. When filing effective: Filing is effective
				upon personal delivery, upon delivery of express mail, or upon deposit in the
				United States mail as ascertained by postmark.
4.4. When Receipt Effective: For the purpose of
				calculation of time to respond, receipt is effective upon personal delivery, upon
				delivery by express mail, and will be deemed to be effective three days from the
				date of postmark if received by first class United States mail, postage
				prepaid.
4.5. Service upon other
				parties: Copies of all documents filed with the board under these rules shall be
				served contemporaneously upon all other parties to the appeal.
4.6. Proof of Service: Unless otherwise
				provided for by these rules, all documents required to be served shall be
				accompanied by proof of service in the form of a certificate of service, which
				shall include a statement of how service was accomplished.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Section 52-1-7 - Ex Parte Contacts

Current through Register Vol. XLI, No. 28, July 12, 2024
An ex parte contact is an oral or written communication with the board or its staff regarding the merits of an appeal or motion which is not on the record in the proceeding and which is made without notice to and in the absence of the other party or parties. Such ex parte contacts are prohibited and any such communication will not be considered in the determination of an appeal.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Section 52-1-8 - Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
The board may utilize in camera proceedings to review any document or other information that is claimed to be protected as confidential.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-01 - Procedural Rules Governing Appeals Before The Air Quality Board › Appendix A[1]

Current through Register Vol. XLI, No. 28, July 12, 2024
WEST VIRGINIA AIR QUALITY BOARD CHARLESTON, WEST VIRGINIA
___________________________________,
APPELLANT'S NAME,
Appellant,
v.
Appeal No.
DIRECTOR, DIVISION OF
______________________________________,
DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
Appellee.
NOTICE OF APPEAL
Action Complained Of:
The appellant(s) named above respectfully represent(s) that it is aggrieved by (identify the order, failure or refusal, or permit, and give date of the order or permit)
:
Relief Requested:
The appellant therefore prays that this matter be reviewed and that the Board grant the following relief (describe the relief sought):
Specific Objections:
The specific objections to the action, including questions of fact and law to be determined by the Board, are set forth in detail in separate numbered paragraphs and attached hereto. The objections may be factual or legal.
Amendment of this Notice of Appeal may be had only by leave of the Board, and only for good cause shown.
Dated this _____ day of ______________, 20_____.
___________________________________
(Signature)
___________________________________
(Address)
___________________________________
___________________________________
(Telephone)
___________________________________
1 This form is offered as guidance to unrepresented parties.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules prescribe the
				procedures under which the public may inspect and obtain information and records
				generated, developed or held by the Air Quality Board (the "Board"). These rules
				do not apply to the disclosure of information to any officer, employee or
				authorized representative of the state or federal government.
1.2. Authority. -- W. Va. Code ''29B-1 et seq.
				and 29A-3-3.
1.3. Filing Date. --
				January 19, 1996.
1.4. Effective
				Date. -- February 18, 1996.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the purpose of these rules:
(a) "Act" means the Freedom of Information Act,
				Chapter 29B, article 1 of the West Virginia Code.
(b) "Board" means the Air Quality Board located
				at 1615 Washington Street, East, Charleston, West Virginia 25311-2126.
(c) "Record" means any books, papers, maps,
				photographs, cards, tapes, recordings or other documentary materials regardless
				of physical form or characteristics which are in the possession of the Board, but
				does not include materials that are the personal property of a Board employee and
				does not include materials which are copyrighted or are readily available to the
				public such as books, journals and periodicals.
(d) "Request" means a written request made in
				accordance with these rules of procedure to inspect or obtain a copy of one or
				more records.
(e) "Requestor" means
				any person, including any natural person, corporation, partnership, firm or
				association, who has submitted a request to the Board.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-3 - Policy on Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
(a) All Board records shall be available to the
				public unless they are exempt from the disclosure requirements of the
				Act.
(b) All nonexempt records shall
				be available to the public upon request regardless of whether any justification
				or need has been shown by the requestor and regardless of whether or not the
				request cites the Act.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-4 - Form of Request

Current through Register Vol. XLI, No. 28, July 12, 2024
A request shall be made in writing, shall reasonably describe the records sought in a way that will permit their identification and location, and should be addressed to the Air Quality Board, 1615 Washington Street, East, Suite 301, Charleston, West Virginia 253ll-2126.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-5 - Requests Which Do Not Reasonably Describe Records Sought

Current through Register Vol. XLI, No. 28, July 12, 2024
If the description of the records sought in the request is not sufficient to allow the Board to identify and locate the requested records, the requestor will be notified within five working days that the request is denied until additional information is provided in an amended request. Until such additional information is provided, the Board has no further obligation to fulfill the request.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-6 - Misdirected Requests; Oral Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board cannot assure that requests received in a manner inconsistent with these rules will be answered in a timely fashion. The five-day period, as provided for in these rules of procedure, shall begin at the time the Board receives the request. Oral or phone requests for the records may be honored if followed by a written request.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-7 - Responsibilities of the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) The Board
				shall, upon receipt of a written request, mark the request with the date of
				receipt and begin to identify and locate the requested information or ask for a
				more specific request.
(b) The Board
				shall respond in writing to the requestor within five working days of the receipt
				of the request. Such response shall:
(i) Furnish
				copies of the requested information;
(ii) Advise the requestor of the time and place
				at which he/she may inspect and copy the information;
(iii) Deny the request in accordance with these
				rules of procedure; or
(iv) Notify
				the requestor that the records require more than five days to assemble, and
				identify an approximate date of completion of the request.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-8 - Denials of Request

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
(a) Denials of requests may be issued only in
				the following circumstances:
(i) the requested
				record is not known to exist;
(ii)
				the record is not in the Board's possession;
(iii) the record is exempt from disclosure
				under the Act; or
(iv) the
				description of the record sought in the request is not sufficient for the Board
				to identify and locate the record.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-9 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The following categories of information
				are specifically exempt from disclosure under the provisions of the act:
(a) Trade secrets, as used in this section,
				which may include, but are not limited to, any formula, plan, pattern, process,
				tool, mechanism, compound, procedure, production data, or compilation of
				information which is not patented which is known only to certain individuals
				within a commercial concern who are using it to fabricate, produce or compound an
				article or trade or a service or to locate minerals or other substances, having
				commercial value, and which gives its users an opportunity to obtain business
				advantage over competitors; provided that in no case shall the types and amounts
				of air pollutants discharged as defined in 45 CSR 31-2.6 and submitted pursuant
				to Chapter 22, Article 5 of the West Virginia Code be considered trade secrets
				under this paragraph.
(b) Information
				of a personal nature such as that kept in a personal, medical or similar file, if
				the public disclosure thereof would constitute an unreasonable invasion of
				privacy, unless the public interest by clear and convincing evidence requires
				disclosure in the particular instance; provided, that nothing in this article
				shall be construed as precluding an individual from inspecting or copying his own
				personal, medical or similar file;
(c) Test questions, scoring keys and other
				examination data used to administer a licensing examination, examination for
				employment or academic examination;
(d) Records of law enforcement agencies that
				deal with the detection and investigation of crime and the internal records and
				notations of such law enforcement agencies which are maintained for internal use
				in matters relating to law enforcement;
(e) Information specifically exempted from
				disclosure by statute;
(f) Records,
				archives, documents or manuscripts describing the location of undeveloped
				historic, prehistoric, archaeological, paleontological and battlefield sites or
				constituting gifts to any public body upon which the donor has attached
				restrictions on usage or the handling of which could irreparably damage such
				record, archive, documents or manuscript;
(g) Information contained in or relating to
				examination, operating or condition reports prepared by, or on behalf of, or for
				the use of any agency responsible for the regulation or supervision of financial
				institutions, except those reports which are by law required to be published in
				newspapers; and
(h) Internal
				memoranda or letters received or prepared by any public body.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-10 - Partial Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
If a requested record contains both exempt and nonexempt material, to the extent practicable, the nonexempt material shall be disclosed after the exempt material has been deleted.
West Virginia Code of State Rules › Agency 52 - Air Quality Board › Title 52 - PROCEDURAL RULE WEST VIRGINIA AIR QUALITY BOARD › Series 52-02 - Rules On Requests For Information › Section 52-2-11 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
Fees will be charged requestors for searching for and reproducing requested records, in accordance with the following:
(a) Copying costs including the certification
				of a record to circuit court, shall be twenty-five cents ($0.25) per page
				provided that if the total cost is less than $2.50, there shall be no
				charge.
(b) The charge for copying
				materials that must be reproduced outside the Board's facilities shall be the
				actual cost of such copying.
(c) A
				fee of twenty-five ($25.00) per hour or fraction thereof shall be charged for the
				agency's time spent in locating and duplicating the requested records beyond the
				initial quarter hour used to locate such records.
(d) An invoice for the total amount of fees
				will be sent to the requestor. Payment shall be made by check or money order made
				payable to the Air Quality Board.
(e)
				Total or partial prepayment may be required if the Board determines that the
				unpaid fees attributable to one (1) or more requests by the same requestor exceed
				or will exceed ten dollars ($10.00).
(f) The Board may waive the fees prescribed by
				these rules upon written request by a person requesting documents who shall state
				that he or she is unable to pay such fees.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-01 - Establishment Of Fee Schedule And cost Allocations Applicable To The Issuance Of Bonds By The WV Public Energy Authority › Section 53-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule include special notice
				and public hearing provisions and establishes the fee schedule and the allocation
				of costs applicable to the issuance of bonds by the West Virginia Public Energy
				Authority.
1.2. Authority. -- W. Va.
				Code '5D-1-5(11)
1.3. Filing Date. --
				April 9, 1992
1.4. Effective Date. --
				April 15, 1992
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-01 - Establishment Of Fee Schedule And cost Allocations Applicable To The Issuance Of Bonds By The WV Public Energy Authority › Section 53-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means the West Virginia Public
				Energy Authority Act compiled in W. Va. Code '5D-1-1 et seq.
2.2. "Applicant" means a person or entity which
				requests the Authority to issue bonds to obtain funds for the purpose of
				financing the cost of acquisition and construction of a qualified project or any
				additions, extensions or improvements thereto.
2.3. "Qualified project" means either a natural
				gas transmission project or an electric power project as defined in the Act and
				that has been approved by a vote of the Authority that such project is consistent
				with the purposes of the Act.
2.4.
				The terms "Authority", "Board", "bond", "construction", "cost", "electric power
				project", "governmental agency", "natural gas transmission project" and "person"
				shall have the meanings ascribed to them in the W. Va. Code '5D-1-3.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-01 - Establishment Of Fee Schedule And cost Allocations Applicable To The Issuance Of Bonds By The WV Public Energy Authority › Section 53-1-3 - Prerequisites to Authority's Approval of Bond Issue

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Prior to consideration of the decision of the Board to issue bonds, the Board
				shall provide notice of a public hearing as follows:
3.1.1. At least thirty (30) days prior to the
				date the public hearing is to be held, the Board shall provide written notice to
				all members of the Legislature. A member of the Legislature may notify the Board
				that the member does not desire such notice; in such case, the Board is not
				required to notify that member.
3.1.2. At least thirty (30) days prior to the
				date the public hearing is to be held, the Board shall provide written notice to
				the county commission of each county within which the project is
				located.
3.1.3. At least thirty (30)
				days prior to the date the public hearing is to be held, the board shall provide
				written notice to the council of each municipality in each county within which
				the project is located.
3.1.4. During
				the two (2) successive weeks prior to the public hearing, the Board shall
				maintain a posted notice at the county seat of each county within which the
				project is located. Such notice may be posted at the county courthouse and
				additional notices may be placed at other locations within the county. Such
				additional notices shall be conspicuous for the members of the public to
				observe.
3.1.5. The Board shall cause
				a class II legal advertisement, in compliance with W. Va. Code '59-3-1 et seq.,
				to be published.
3.1.5.a. The notice shall be
				published in such a manner that the publication area will contain each county
				within which the project is located. The notice may be required to be published
				in more than one publication.
3.1.5.b. The notice shall be published at least
				fourteen (14) days prior to the date of the public hearing, but in no event shall
				the notice be published more than twenty-one (21) days prior to the date of the
				public hearing.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-01 - Establishment Of Fee Schedule And cost Allocations Applicable To The Issuance Of Bonds By The WV Public Energy Authority › Section 53-1-4 - Special Notice Requirements of Meetings at Which a Bond Issue will be Finally Considered

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person
				desiring notice of a meeting of the Board regarding the issuance of bonds may
				make a written request to the Board to be notified of such meeting. the request
				should state which particular project the person has an interest.
4.2. In addition to the meeting notice
				requirements compiled in 53 CSR 2, Procedure for Providing Notice of Meetings,
				notice shall be provided in the following manner for all regular or special
				meetings at which a bond issue will be finally considered.
4.2.1. The Chair person shall cause a notice of
				the meeting to be published as a class II legal advertisement in compliance with
				W. Va. Code '59-3-1 et seq. The notice shall state the time, place and purpose of
				the meeting and the notice shall be published in each county in which the project
				is located.
4.2.2. The Chairperson
				shall cause a written notice of the meeting to be delivered by regular United
				States mail to any person who has previously made a request in accordance with
				section 4.1 of this rule. Such notice shall be sent in advance of the meeting so
				that the notice is delivered prior to the meeting date.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-01 - Establishment Of Fee Schedule And cost Allocations Applicable To The Issuance Of Bonds By The WV Public Energy Authority › Section 53-1-5 - Fees for the Issuance of Bonds

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Authority
				shall be entitled to receive fees for the issuance of bonds by the Authority to
				applicants to provide funds for financing the costs of qualified
				projects.
5.2. Initial fee -- Each
				applicant receiving funds from the Authority through issuance of bonds by the
				Authority shall pay to the Authority an initial fee.
5.2.1. The initial fee shall be calculated
				based on the total amount of the bonds issued in an amount equal to the
				following, including any fraction of a million dollars issued:
5.2.1.a. Six hundred dollars ($600) per million
				dollars ($1,000,000) issued for the first ten million dollars ($10,000,000) of an
				issue.
5.2.1.b. Three hundred
				seventy-five dollars ($375) issued in excess of the first ten million dollars
				($10,000,000) of an issue.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-01 - Establishment Of Fee Schedule And cost Allocations Applicable To The Issuance Of Bonds By The WV Public Energy Authority › Section 53-1-6 - Allocation of Costs Applicable to Issuance of Bonds

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All costs incurred by the Authority that
				can be directly attributed to a bond issue pending before the Authority shall be
				allocated to that bond issue and such costs shall be paid at the closing out of
				the proceeds of that bond issue. All such costs shall be in addition to the fees
				imposed and payable pursuant to the provisions of section 5 of this
				rule.
6.2. Without limiting in any
				manner the costs that can be allocated pursuant to section 6.1 of this rule, all
				legal and other professional fees incurred by the Authority that can be
				attributed to a bond issue shall be allocated to that bond issue and such legal
				and other professional fees shall be paid at the closing out of the proceeds of
				the bond issue. All such costs shall be in addition to the fees imposed and
				payable pursuant to the provisions of section 5 of this rule.
6.3. In the event that a bond issue is not
				consummated for any reason, whether by action of the Authority or otherwise, all
				costs incurred by the Authority that can be attributed to such bond issue,
				including any legal and other professional fees, shall be paid by the entity or
				entities, if any, that proposed for requested such bond issue.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-01 - Establishment Of Fee Schedule And cost Allocations Applicable To The Issuance Of Bonds By The WV Public Energy Authority › Section 53-1-7 - Amendment of Fee Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Authority
				may amend the fee schedule by the affirmative vote of a majority of the Board
				members and any such amendment shall be binding and applicable to all issues
				outstanding at the time of the effective date of the change and to all subsequent
				issues.
7.1.1. In no event may the annual fees
				imposed and payable pursuant to this rule exceed an applicant's proportionate
				share of the projected operating expenses of the Authority for the year of
				assessment.
7.1.2. In no event may
				the annual fee imposed and payable pursuant to the provisions of this rule exceed
				1/20th of 1% of the bonds outstanding for a particular issue.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-02 - Establishment Of Procedures For Giving Notice To Public And Media Of Meetings Of PEA › Section 53-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule establishes
				the procedures for giving notice to the public and media of meetings of the West
				Virginia Public Energy Authority.
1.2. Authority. -- W. Va. Code ''5D-1-5,
				6-9A-3.
1.3. Filing Date. --
				September 7, 1991
1.4. Effective
				Date. -- October 7, 1991
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-02 - Establishment Of Procedures For Giving Notice To Public And Media Of Meetings Of PEA › Section 53-2-2 - Notice of Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Notice shall
				be provided in the following manner for all regular meetings except for any
				meeting at which a bond issue or eminent domain decision shall be considered by
				the Board.
2.1.1. The Chairperson of the Board
				shall cause to be filed in the Office of the Secretary of State for publication
				in the State Register a notice of each regular meeting of the Board. Each notice
				shall state the time, place and purpose of the meeting and shall be filed in a
				manner to allow each notice to appear in the State Register at least five (5)
				days prior to the date of the meeting.
2.1.2. The Chairperson shall cause a copy of
				the notice required by section 2.1.1 to be delivered to the Capitol press corps.
				The Chairperson may also send copies of the notice to any and all agencies,
				associations and persons that might be interested in such regular
				meeting.
2.1.3. In the event that
				there is a change in the information contained in the notice required by section
				2.1.1, the Chairperson shall cause a revised notice to be filed in the Office of
				Secretary of State and copies to be delivered to the Capitol press corps and all
				other agencies, associations and persons that received the initial notice. The
				revised notice shall contain all of the information, as revised, regarding the
				time, place and purpose of the regular meeting.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-02 - Establishment Of Procedures For Giving Notice To Public And Media Of Meetings Of PEA › Section 53-2-3 - Notice of Special Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notice shall
				be provided in the following manner for all special meetings except for any
				meeting at which a bond issue or eminent domain decision shall be considered by
				the Board.
3.1.1. As soon as practicable after a
				special meeting of the Board has been properly called, the Chairperson of the
				Board shall cause to be filed in the Office of the Secretary of State for
				publication in the State Register a notice of the special meeting of the Board.
				Each notice shall state the time, place and purpose of the meeting and shall be
				filed in a manner to allow each notice to appear in the State Register at least
				five days prior to the date of the meeting.
3.1.2. The Chairperson shall cause a copy of
				the notice required by section 3.1.1 to be delivered to the Capitol press corps.
				The Chairperson may also send copies of the notice to any and all agencies,
				associations and persons that might be interested in such special
				meeting.
3.1.3. In the event that
				there is a change in the information contained in the notice required by section
				3.1.1, the Chairperson shall cause a revised notice to be filed in the Office of
				Secretary of State and copies to be delivered to the Capitol press corps and all
				other agencies, associations and persons that received the initial notice. The
				revised notice shall contain all of the information, as revised, regarding the
				time, place and purpose of the special meeting.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-02 - Establishment Of Procedures For Giving Notice To Public And Media Of Meetings Of PEA › Section 53-2-4 - Notice of Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In the event
				of an emergency requiring immediate official action, the Chairperson shall cause
				to be filed in the Office of the Secretary of State an emergency meeting notice
				at any time prior to the meeting. A copy of such notice shall also be delivered
				to the Capitol press corps. The emergency meeting notice shall state the time,
				place and purpose of the meeting and the facts and circumstances of the
				emergency.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-02 - Establishment Of Procedures For Giving Notice To Public And Media Of Meetings Of PEA › Section 53-2-5 - Notice Requirements of Meeting at Which Bond Issue will be Finally Considered

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In addition
				to the notice provisions required by this rule, notice of all regular or special
				meetings at which a bond issue will be finally considered shall be provided in
				accordance with the provisions of 53 CSR 1, Rules and Procedure for the Issuance
				of Bonds, Establishment of Fee Schedule and Cost Allocations.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-02 - Establishment Of Procedures For Giving Notice To Public And Media Of Meetings Of PEA › Section 53-2-6 - Notice Requirements of Meeting at Which Exercise of Right of Eminent Domain will be Finally Considered

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In addition
				to the notice provisions required by this rule, notice of all regular or special
				meetings at which the exercise of the right of eminent domain will be finally
				considered shall be provided in accordance with the provisions of 53 CSR 3, Rules
				and Procedures for the Exercise of the Powers of Eminent Domain for Qualified
				Projects.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the rules
				for the Public Energy Authority to exercise its powers of eminent
				domain/condemnation for qualified projects including special notice and public
				hearing provisions.
1.2. Authority.
				-- W. Va. Code '5D-1-5(14).
1.3.
				Filing Date. -- April 9, 1992
1.4.
				Effective Date. -- April 15, 1992
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Purpose. -- the purpose of these
				regulations is to implement the procedure required for the Public Energy
				Authority to exercise the right of eminent domain/condemnation, in accordance
				with the following objectives: To ensure that owners of real property or
				interests in real property to be acquired for Public Energy Authority projects or
				public energy assisted projects are treated fairly and consistently, to encourage
				and expedite acquisition by agreements with such owners, to minimize litigation
				and to promote public confidence in the Public Energy Authority's land and
				right-of-way acquisition programs for its qualified projects. To provide the
				public and persons interested or effected by the decisions of the Board of the
				Public Energy Authority with respect to property or right-of-way acquisition, the
				ability to comment and provide input in the decision making process through
				public hearings and public notice of the Board's meetings and to provide notice
				of such meetings to state, county and municiple officials.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Acquiring entity" means the Authority or
				any entity which has a project qualified by the Authority as consistent with the
				Authority's statutory authority and purpose.
3.2. "Act" means the West Virginia Public
				Energy Authority Act compiled in W. Va. Code '5D-1-1 et seq.
3.3. "Agency" means the Public Energy Authority
				or entity which under the auspices of the Public Energy Authority acquires real
				property, right-of-ways or easements.
3.4. "Appraisal" means a written statement
				independently and impartially prepared by a qualified appraiser setting forth an
				opinion of defined value of the adequately described property as of a specific
				date, supported by the presentation and analysis of relevant market information.
				An appraisal shall be performed using the principles contained in the "Uniform
				Appraisal Standards for Federal Land Acquisitions" published under the auspices
				of the Interagency Land Acquisition Conference, United States Government Printing
				Office, 1972.
3.5. "Fair market
				value" means the appraised value as determined by an appraisal made by an
				independent person or firm chosen by the Authority.
3.6. "Qualified project" means either a natural
				gas transmission project or an electric power project as defined in the Act and
				that has been approved by a vote of the Authority that such project is consistent
				with the purposes of the Act.
3.7.
				"Real property" means lands, structures, franchises and interests in land,
				including lands under water and riparian rights, and any and all other things and
				rights usually included within the term real property and includes any and all
				interests in such property less than full title (fee simple), such as easements,
				right-of-ways, uses, leases, licenses and all other incorporeal hereditaments and
				every estate, interest or right, legal or equitable, including terms for years
				and liens thereon by way of judgements, mortgages or otherwise, and also all
				claims for damages for such real estate.
3.8. The terms "Authority", "Board", "bond",
				"construction", "cost", "electric power project", "governmental agency", "natural
				gas transmission project", "owner", and "person" shall have the meanings ascribed
				to them in the W. Va. Code '5D-1-3.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-4 - Notices to Property Owners and Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Each notice which the acquiring entity is required to provide to a proper owner
				or occupant under these regulations shall be personally served or sent by
				certified or registered first class mail, return receipt requested, and
				documented in the acquiring entity's files. Each notice shall be written in
				plain, understandable language. Persons who are unable to read and understand the
				notice must be provided with appropriate translation and counseling. Each notice
				shall state the name and telephone number of a person who may be contacted for
				answers to questions or other needed assistance.
4.2. The acquiring entity shall maintain
				adequate records of its acquisition activities in sufficient detail to
				demonstrate compliance with these regulations. The records shall be retained for
				at least three (3) years after each owner of real property or interest therein
				receives the final payment to which he or she is entitled under these
				regulations. The record keeping requirements of these regulations apply to the
				acquisition of a life estate or life use, acquisition by leasing, including
				options(s) for extension, acquisition of right-of-ways or easements and whether
				the acquisition is temporary or permanent.
4.3. The acquiring entity shall make every
				reasonable effort to acquire the real property or interest therein expeditiously
				by negotiations. In all instances, the acquiring entity shall make all reasonable
				efforts to properly, fairly and justly represent the interests of the Authority
				and the State of West Virginia in its acquisition endeavors.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-5 - Criteria for Appraisals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A detailed
				appraisal shall be prepared for all acquisitions. An appraisal shall contain
				sufficient documentation, including valuation data and the appraiser's analysis
				of that data, to support his or her opinion of value. At a minimum, the appraisal
				shall contain the following items:
5.1.1. The
				purpose and function of the appraisal, a definition of the estate being appraised
				and a statement of the assumptions and limiting conditions affecting the
				appraisal.
5.1.2. An adequate
				description of the physical characteristics of the property being appraised, a
				statement of the known and observed encumbrances, if any, title information,
				location, zoning, present use, an analysis of the highest and best use, and at
				least a five (5) year sales history of the property.
5.1.3. All relevant and reliable approaches to
				value consistent with commonly accepted professional appraisal practices. When
				sufficient market sales data are available to reliably support the fair market
				value for the specific appraisal problem encountered, the acquiring entity may
				require only the market approach. If more than one approach is utilized, there
				shall be an analysis and reconciliation of approaches to value that are
				sufficient to support the appraiser's opinion of value.
5.1.4. A description of comparable sales, if
				any, including a description of all relevant physical, legal and economic factors
				such as parties to the transaction, source and method of financing and
				verification by a party involved in the transaction.
5.1.5. A statement of the value of the real
				property to be acquired and, for a partial acquisition, a statement of the value
				of the damages and benefits, if any, to the remaining real property.
5.1.6. The effective date of valuation, date of
				appraisal, signature and certification of the appraiser.