reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-19 - Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. In its final
						decision the commission may impose one or more of the following sanctions upon
						the respondent if it finds, by clear and convincing evidence, that one or more
						charges are true and constitute a material violation of 158 CSR 13:
19.1.a. a written admonishment;
19.1.b. a cease and desist order;
19.1.c. an order of restitution of money,
						thing of value, or services taken or received in violation of 158 CSR 13;
						and,
19.1.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 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-20 - Conciliation Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
						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.
20.2. Any conciliation
						agreement must be disclosed to the public.
20.3. 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 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-21 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. 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 § 29-5-4.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-05 - Adjudicating Complaints Relating To Conduct Of State Administrative Law Judges › Section 158-5-22 - Immunity Absent Malicious or Fraudulent Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Any person, official, or agency who in
						good faith files a verified complaint pursuant to 158 CSR 13 shall be immune
						from any civil liability that otherwise might result by reason of such actions.
22.1.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:
22.1.a.1. Make reimbursement to the
						respondent for reasonable actual costs incurred by the respondent;
22.1.a.2. Pay reasonable attorney fees
						incurred by the respondent;
22.1.a.3. Make reimbursement to the
						commission for the reasonable actual costs of investigation;
22.1.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 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule establishes requirements relating to the private gain
				provisions, including nepotism, in the Ethics Act.
1.2. Authority. -- W. Va. Code §
				6B-2-5(b) and W. Va. Code § 6B-2-2(a).
1.3. Filing Date. -- March 31,
				2022.
1.4. Effective Date. -- May
				15, 2022.
1.5. Sunset Provision:
				This rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-2 - Exceptions to Using Office for Private Gain

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The following acts performed by a public official or public employee do not
				constitute an improper use of office for private gain:
2.1.1. Usual and customary duties associated
				with the office or position,
2.1.2.
				Services relating to the advancement of public policy goals, and
2.1.3. Constituent services without
				compensation.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-3 - Nepotism

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As used in this section, the term
				"nepotism" means favoritism shown or patronage granted in employment or working
				conditions by a public official or public employee to a relative or person with
				whom the public official or public employee resides.
3.2. As used in this section, the term
				"relative" means spouse, mother, father, sister, brother, son, daughter,
				grandmother, grandfather, grandchild, mother-in-law, father-in-law,
				sister-in-law, brother-in- law, son-in-law, or daughter-in-law.
3.3. As used in this section, the term
				"supervise" or "supervision" means reviewing, auditing or evaluating work, or
				taking part in discussions or making recommendations concerning employment,
				assignments, compensation, bonuses, benefits, discipline, or related
				matters.
3.4. Nepotism constitutes
				improper use of office for private gain.
3.5. A public official or employee may not
				influence or attempt to influence the employment or working conditions of his
				or her relative or a person with whom he or she resides.
3.6. A public agency, including its officials
				and employees, must administer the employment and working conditions of a
				relative of a public employee or a public official or a person with whom the
				public official or employee resides in an impartial manner.
3.6.1. A public official or public employee
				may not participate in decisions affecting the employment and working
				conditions of his or her relative or a person with whom he or she resides
				unless required by law and an independent third party is involved in the
				process.
3.6.2. A public official
				or public employee may not directly supervise a relative or a person with whom
				he or she resides. This prohibition does not extend to matters affecting a
				class of five or more similarly situated employees.
3.6.3. A public official or public employee
				may not use a subordinate as an independent third party required by subdivision
				3.6.1 of this section. This prohibition does not apply to an elected public
				official who may not lawfully delegate powers of his or her office (for
				example, a sheriff, county assessor, or county clerk).
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-4 - Use Subordinate for Private Gain

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Public
				officials and public employees may not use subordinate employees for their
				private gain or that of another person as an implied or express condition to
				their continued employment. For example, a public official may not require a
				subordinate employee to perform personal errands for the official to maintain
				his or her public employment.
4.2.
				Public officials and public employees may not use subordinate employees during
				work hours to perform private work or provide personal services for their
				benefit or that of another person. For example, a public official or public
				employee may not require his or her subordinate employee to repair a garage or
				pave a driveway for the public official or public employee during work hours.
				This prohibition does not apply to de minimis work or services.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-5 - Use or Removal of Government Property

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Public officials and public employees may not remove government property from
				the workplace for their private benefit or that of another person.
5.2. Public officials and public employees
				may not use government property for personal projects or activities that result
				in private gain.
5.3. This section
				does not apply to the de minimis use of government property.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-6 - Kickbacks

Current through Register Vol. XLI, No. 28, July 12, 2024
A public official or public employee may not accept money or
				  a thing of value from any person for providing business or other benefits to
				  that person through the public official's or public employee's governmental
				  agency or as a result of his or her influence and
				  control.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-7 - Bribes

Current through Register Vol. XLI, No. 28, July 12, 2024
A public official or public employee may not receive money or
				  a thing of value from any person for the purpose of influencing or persuading
				  the official to perform his duties in a manner to benefit the
				  person.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-8 - Private Work During Public Work Hours

Current through Register Vol. XLI, No. 28, July 12, 2024
Appointed public officials and part-time and full-time public
				  employees may not receive private compensation for performing private work
				  during public work hours. This section does not apply to de minimis private
				  work.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-9 - Exemption Categories

Current through Register Vol. XLI, No. 28, July 12, 2024
Certain public officials or public employees bring to their
				  respective offices or employment their own personal prestige, intelligence,
				  education, experience, skills and abilities, or other personal gifts or traits.
				  In many cases, these persons bring a personal prestige to their office or
				  employment which inures to the benefit of the state and its citizens. These
				  public officials and employees may apply to the Ethics Commission for an
				  exemption from the limitations in W. Va. Code § 6B-2-5(b). The Ethics
				  Commission may grant an exemption if it finds:
9.1. The public office held or the public
				employment engaged in is not such that it would ordinarily be available or
				offered to a substantial number of the citizens of this state;
9.2. The office held or the employment
				engaged in is such that it normally or specifically requires a person who
				possesses personal prestige, and
9.3. The person's employment contract or
				letter of appointment provides or anticipates that the person will gain
				financially from activities which are not a part of his or her office or
				employment.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-06 - Use of Office for Private Gain, Including Nepotism › Section 158-6-10 - Other limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Ethics Act sets a minimum standard of conduct. When the
				  Legislature or a public agency imposes stricter standards, then public
				  officials and public employees must comply with the stricter
				  standards.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						legislative rule establishes the rules governing the solicitation and receipt
						of gifts by persons covered by the WV Governmental Ethics Act.
1.2. Authority. -- W. Va. Code §§
									6B-2-2(a),
						6B-2-5(b),
						6B-2-5(c) and,
						6B-2-5(o).
1.3. Filing Date. --
						April 25, 2008.
1.4. Effective
						Date. -- July 1, 2008.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-2 - Honorarium

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
						purpose of this section, the term "honorarium" means payment given in
						recognition of published works, appearances, speeches and presentations which
						is not intended as consideration for the value of such services. These payments
						are not legally or traditionally required such as in an employment
						contract.
2.2. The Ethics
						Commission will use the following guidelines in determining whether the amount
						of an honorarium is reasonable and permitted under W. Va. Code §
									6B-2-5:
a. The length of time spent on preparing or
						researching material for the presentation;
b. The amount of time for actual
						presentation;
c. The distance to be
						traveled to make the appearance, speech or presentation;
d. The public official's or public employee's
						experience, qualifications and educational background; and
e. The usual and customary fee paid to others
						for similar work.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-3 - Receipt of Free Admission, Travel and Lodging Expenses to Attend an Educational Seminar or Conference

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
						A public official or public employee may accept from an interested third party
						a reduced rate for or free admission to a privately sponsored conference or
						seminar, and reimbursement for reasonable meals, travel and lodging expenses,
						if his or her attendance will result in benefit to the governmental agency he
						or she serves by enhancing his or her job related skills and the performance of
						his or her public job responsibilities under each of the following:
a. Attendance by the public official or
						employee must fulfill an existing agency need by significantly enhancing the
						attendee's occupational skill or knowledge to provide important information
						needed by the agency to meet its official mandate;
b. The seminar or conference must be
						appropriate for the proposed attendee. A trip is appropriate for the attendee
						if he or she will use the information or job skill enhancement and is the
						person most suitable to acquire and transfer the skills or information to other
						appropriate agency personnel;
c.
						The site of the proposed trip must be appropriate. A public employee or
						official may not accept payment for attendance at the seminar or conference and
						related costs if the same information is readily available locally;
d. The seminar or conference must offer a
						reasonable return on the time spent. Attendance at the seminar or conference
						should represent a reasonable investment of the public official or employee's
						time when weighed against the information acquired or the degree of improvement
						in job skills or knowledge; and
e.
						The benefit to the agency must be significantly greater than the incidental
						benefit to the traveler.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-4 - Nominal Gifts

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For
						purposes of the Ethics Act, W. Va. Code §
									6B-2-5(c)(2)(C),
						a nominal gift is any gift with a monetary value of twenty-five dollars
						($25.00) or less. Some examples of nominal gifts include a T-shirt, hat, key
						chain, pen, pencil or any memento of that caliber. A public official or
						employee may accept from an interested party a nominal gift or gifts not
						exceeding twenty-five ($25.00); Provided, That, the total dollar value of any
						nominal gift or gifts accepted from any one source may not exceed twenty-five
						($25.00) in one calendar year.
4.2.
						Certain hotel benefits are considered part and parcel of the room package and
						are not considered a "gift" to a public official or public employee. These are
						nominal benefits purchased with and incidental to the use of the hotel
						room.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-5 - Reasonable Expenses for Panelist or Speaker

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A public official or public employee may
						accept payment or reimbursement for reasonable expenses for him or herself and
						for one guest for food, travel and lodging incurred in attending a meeting at
						which he or she participates as a panel member or speaker, but may not accept
						payment or reimbursement for other expenses such as golf fees, carriage rides
						or health club fees unless these amenities are normally part of the standard
						hotel room charge and incidental to the use of the room.
5.2. Food and lodging expenses are
						"reasonable" if the expenses are limited to the usual and customary basic
						charges of the hotel and are comparable to those charged to other participants
						and hotel guests. Travel expenses are "reasonable" if the expenses are
						comparable to those ordinarily charged to other similar travelers.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-7 - Manner of Solicitation and Use of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Public officials, public employees and
						agencies who regulate individuals or businesses may not orally solicit
						donations from:
a. Persons under the
						regulatory control of the agency. A person is under the regulatory control of
						the public official, employee or agency if the person has a matter pending
						before the agency or had a matter pending within the past 12 months. This
						subsection does not apply to purely law enforcement agencies, officials or
						employees who do not actually regulate or exercise regulatory control over
						other persons but merely enforce existing laws and rules as to all applicable
						persons;
b. A vendor which has a
						contract with the agency, is bidding on a contract or is in the process of
						soliciting business from the agency.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-9 - Free Tickets

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
						public official or public employee may accept free tickets or admission to
						those charitable, cultural or political events for which free tickets or
						admission are customarily extended as a courtesy to the office he or she holds;
						Provided, That, the tickets are given by an official sponsor of the event, not
						a third party who has purchased tickets from an event sponsor. The $25.00
						monetary limitation does not apply to tickets accepted for these
						events.
9.2. A public official or
						employee may accept a ticket for him or herself and a ticket for one guest to a
						charitable, cultural or political event to which the public official is
						otherwise permitted to accept a ticket in accordance with this
						section.
9.3. A public official or
						public employee may not accept a ticket to a sporting event when the value of
						the ticket exceeds $25.00 unless the public official or employee has an
						official or ceremonial duty to perform at the sporting event. A ceremonial duty
						is any duty performed before members of the public who are attending the
						sporting event. If the public official does not have a ceremonial duty, then
						the value of a ticket or tickets received from an interested party for a
						sporting event or events may not exceed $25.00 in one calendar year.
9.4. A public official or employee may accept
						an additional ticket for a guest to a sporting event if he or she has a
						ceremonial role. If the public employee or official does not have a ceremonial
						role, then he or she may accept a free ticket for him or herself and one guest
						only if the combined value of both tickets does not exceed $25.00.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-08 - Interest In Public Contracts › Section 158-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
						These legislative rules establish the guidelines concerning interest in public
						contracts for persons covered by the WV Governmental Ethics Act.
1.2. Authority. -- W. Va. Code §
									6B-2-5(d).
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 158-08 - Interest In Public Contracts › Section 158-8-2 - Direct Authority and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
Examples of individuals with direct authority and control
							over the awarding of public contracts include all elected or appointed public
							officials in the executive branch of City, County and State government,
							superintendents, assistant superintendents, purchasing directors, County
							Commissioners, County Board members and City managers.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-08 - Interest In Public Contracts › Section 158-8-3 - Limited Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
						limited interest is:
3.1.a. An amount not to
						exceed $1,000.00 in the gross revenues in a public contract or contracts per
						calendar year. The $1,000.00 limit is applicable to gross revenues received
						through a public contract by a public official or employee, an immediate family
						member thereof or a business with which the public official or employee or
						immediate family member is associated; or,
3.1.b. An interest as a creditor if a public
						official or employee or an immediate family member is owed an amount not
						exceeding $5,000.00 by a person or business which is awarded a public
						contract.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-08 - Interest In Public Contracts › Section 158-8-4 - Public Contract and Business Association

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The prohibition of W. Va. Code §
									6B-2-5(d) against
						being a party to or having an interest in the profits or benefits of a contract
						applies only to public contracts involving a governmental body or
						agency.
4.2. Public officials or
						public employees or members of their immediate family are considered to be
						"associated" with a business if they or their immediate family member are a
						director, officer or holder of stock which constitutes five percent or more of
						the total outstanding stocks of any class.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-08 - Interest In Public Contracts › Section 158-8-5 - Recusal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For the
						purposes of W. Va. Code §
									6B-2-5(d), the
						Ethics Commission will consider a person "recused" if he or she (1) has made a
						full disclosure of his or her interest in the public contract, (2) has
						refrained from discussing, voting on or otherwise influencing or deciding the
						matter, and (3) is absent from the room during the discussion and voting
						process.
5.2. Making a full
						disclosure of one's interest means making a prior public disclosure including
						the amount of interest held directly or indirectly by a public employee or
						public official or immediate family thereof in a public contract.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-08 - Interest In Public Contracts › Section 158-8-6 - Legislator's Contracting

Current through Register Vol. XLI, No. 28, July 12, 2024
A member of the Legislature, or Legislator's immediate family
							or a business with which a Legislator is associated may contract with any
							governmental body or agency.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-10 - Contributions › Section 158-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
						These legislative rules establish guidelines concerning contributions for the
						WV Ethics Commission members and persons covered under the WV Governmental
						Ethics Act.
1.2. Authority. -- W.
						Va. Code ''6B-2-1(a) and 6B-2-5(c)(4).
1.3. Filing Date. -- April 29,
						1992.
1.4. Effective Date. -- June
						1, 1992.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-10 - Contributions › Section 158-10-3 - Permitted Campaign Contributions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Members of the Ethics Commission may
						contribute to a political campaign when the candidate or election committee for
						a candidate is required to publicly report and disclose the amount or type of
						contribution.
3.2. Members of the
						Ethics Commission who have contributed to a political candidate in any manner,
						shall recuse themselves from any official discussion or vote regarding the
						public official or candidate to whom the contribution was made.
3.3. Members of the Ethics Commission may not
						hold an office for a political candidate, such as a campaign manager or
						treasurer.
3.4. Members of the
						Ethics Commission may not endorse any candidate.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-10 - Contributions › Section 158-10-4 - Ballot Issue

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Ethics Commission members may not participate
							in a political campaign except to vote on or make political contributions
							relating to a ballot issue regarding:
a. a bond issue
b. a levy
c. a referendum, or
d. a constitutional amendment.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-11 - Employment Exemptions › Section 158-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
						These legislative rules establish guidelines which govern employment exemptions
						for full-time public officials and public employees.
1.2. Authority. -- W. Va. Code §
									6B-2-5(h).
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 158-11 - Employment Exemptions › Section 158-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Person" means
						an individual, corporation, business entity, labor union, association, firm,
						partnership, limited partnership, committee, club or other organization or
						group of persons, irrespective of the denomination given such organization or
						group.
2.2. "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.
2.3. "Public official"
						means any person who is elected or appointed to any state, county or municipal
						office or position and 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 or 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 a 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 158-11 - Employment Exemptions › Section 158-11-3 - Limitations on Seeking Employment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Full-time public officials and employees
						who exercise authority over regulated persons or vendors may not seek
						employment with or be employed by a regulated person or vendor until and unless
						they seek and receive an exemption from the Ethics Commission.
3.2. A full-time public official or employee
						is considered to exercise authority over a regulated person for purposes of
						this rule if:
3.2.a. The person had a matter
						on which the full-time public official or employee took, or a subordinate is
						known to have taken, regulatory action within the preceding twelve months;
						or,
3.2.b. The person has a matter
						before the agency on which the full-time public official or employee is working
						or a subordinate is known by the full-time public official or employee to be
						working.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-11 - Employment Exemptions › Section 158-11-4 - Requests for Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
						Full-time public officials or employees who are seeking an exemption shall
						submit a written request to the Executive Director of the WV Ethics Commission.
						The exemption request shall contain:
4.1.a.
						the name, address and phone number of the governmental agency by which the
						applicant is employed;
4.1.b. the
						applicant's job title and the name of his or her immediate supervisor;
						and,
4.1.c. facts sufficient to
						support a finding that the full-time public official or public employee would
						be adversely affected if he or she is prohibited from seeking employment with
						regulated persons or vendors over whom he or she exercises control.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-11 - Employment Exemptions › Section 158-11-5 - Purpose and terms of exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commission finds that the overriding
						purpose of seeking and obtaining an exemption is to ensure transparency in the
						governmental process and to ensure that the public official or employee ceases
						and desists from taking action in regard to persons over whom the public
						official or employee exercises regulatory authority or purchasing power and
						with whom they are seeking employment. To fulfill the purpose of transparency
						and fairness, and in accordance with the Ethics Act, the following restrictions
						are hereby imposed:
5.1.a. Once a temporary
						or permanent exemption is granted, the public official or employee shall
						provide a copy of the exemption to his or her supervisor within 2 business days
						of receiving the exemption.
5.1.b.
						The public official or employee may take no official action in regard to a
						person or persons with whom they are seeking employment, unless it would create
						an undue hardship on the agency to prohibit him or her from carrying out his or
						her public job responsibilities. If this limitation will impose an undue
						hardship, then the affected public official or employee may take action when
						authorized by their employing agency's executive director or governing body.
						These actions shall be subject to additional review by a supervisor or the
						governing body.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
						These legislative rules establish guidelines concerning lobbying under the WV
						Governmental Ethics Act.
1.2.
						Authority. -- W. Va. Code §§
									6B-3-1,
						6B-3-2,
						6B-3-3,
						6B-3-3a,
						6B-3-3c,
						6B-3-4,
						6B-3-5,
						6B-3-7 and
						6B-3-11.
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 158-12 - Lobbying › Section 158-12-2 - Legislative Intent

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. It
						is the expressed intent of the Legislature that citizens be permitted and
						encouraged to consult with their government representatives without incurring
						registration or reporting obligations under the West Virginia Governmental
						Ethics Act.
2.2. Persons who lobby
						without compensation and make no expenditure for or on behalf of any government
						officer or employee in connection with such lobbying are not required to
						register or report as Lobbyists.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-3 - Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Before
						engaging in any lobbying activity, or within thirty (30) days after being
						employed as a lobbyist, whichever occurs first, a lobbyist shall register with
						the West Virginia Ethics Commission by filing a lobbyist registration
						statement.
3.2. The Ethics
						Commission will notify lobbyists in writing when their registration is
						completed. Lobbying prior to registration is a violation of W. Va. Code §
									6B-3-9(b).
3.3. A lobbyist must register on forms
						provided by the Commission. Lobbyists may not submit registration and reporting
						forms by facsimile machine (FAX).
3.4. The Commission will process registration
						forms within one business day of receipt. The Commission will return incomplete
						applications without action and lobbying privileges will be delayed.
3.5. An application for registration requires
						the submission of all the following:
3.5.a. A
						completed, signed Lobbyist Registration Statement.
3.5.b. One recent 2" x 2" passport style
						photograph of the lobbyist.
3.5.c.
						A check, money order or credit card payment for the one hundred dollar ($100)
						base registration fee, required by W. Va. Code §
										6B-3-3(a),
						payable to the WV Ethics Commission.
3.5.d. A completed, signed Statement of
						Representation for each entity the lobbyist represents.
3.5.e. A check, or money order or credit card
						payment for one hundred dollars ($100), payable to the WV Ethics Commission,
						shall accompany each Statement of Representation filed with the
						Commission.
3.5.f. The Commission
						may accept payment through credit or debit cards for any fees or penalties
						authorized under this rule.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-4 - Lobbyist Booklet

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At
						least annually, the Commission shall publish a booklet containing each
						registered lobbyist's name and business address, photo and employer and
						lobbying information.
4.2. Midway
						through a regular legislative session the Commission may publish a supplement
						to the booklet if a significant number of lobbyists have been registered since
						publication of the booklet.
4.3.
						The Commission will mail copies of the booklet and any supplement to registered
						lobbyists at the "Business Address" shown on their Lobbyist Registration
						Statement.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-5 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Lobbyists are
						required to file with the Commission periodic signed reports of their lobbying
						activities, on forms provided by the Commission. The reports shall be filed
						three times a year as follows:
5.1.a. On or
						before the fifteenth of May, a lobbyist shall report all lobbying activities in
						which he or she engaged from the first day of January through the thirtieth day
						of April.
5.1.b. On or before the
						fifteenth day of September, a lobbyist shall report all lobbying activities in
						which he or she engaged from the first day of May through the thirty-first day
						of August.
5.1.c. On or before the
						fifteenth day of January, a lobbyist shall report all lobbying activities in
						which he or she engaged from the first day of September through the
						thirty-first day of December.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-6 - Lobbyist Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
						lobbyist who is not exempt from registration shall register with and make all
						required reports to the Commission in a professional and timely manner, so that
						the members of the Legislature and the public may be kept aware of lobbying
						activities in the state.
6.2. A
						registered lobbyist shall obtain and preserve for two years all accounts,
						bills, receipts, books, papers and documents necessary to substantiate
						financial reports filed with the Commission. These shall be made available for
						inspection by the Commission at any time.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-7 - Employer Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. It
						is a violation for any person to employ another to lobby who is not registered
						with the Commission, except upon condition that such person register and the
						person does in fact so register as soon as practical.
7.2. No lobbyist may be registered to lobby
						on behalf of another without having filed with the Commission a statement of
						representation signed by the employer.
7.3. Any person who employs a registered
						lobbyist and makes expenditures on behalf of the lobbyist's lobbying activities
						is responsible to insure that such expenditures are included on the Lobbyist
						Activities Report(s) filed by the lobbyist.
7.4. Employers who require their lobbyist to
						turn over to them the records necessary to substantiate the filed Lobbyist
						Activities Reports must preserve those records for a period of at least two
						years.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-8 - Education of Lobbyists Through Required Training Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In order to maintain the professional
						integrity of a lobbyist, enhance the specialized body of knowledge required for
						the profession, and to maintain registration and engage in lobbying activities,
						a lobbyist must satisfy the training requirements of this rule and complete one
						training course during each two-year registration cycle.
8.1.a. Lobbyists who are registered on or
						after July 1, 2008 shall be required to complete initial training by the Ethics
						Commission before engaging in lobbying activities. This training may be
						accomplished in two parts, with the lobbyist receiving written training
						materials upon completing his or her registration requirements, thereafter
						participating in training presented by the Ethics Commission in person, by a
						recorded video presentation or through content presented over the Internet,
						within 90 days of registering. Thereafter, a lobbyist shall complete at least
						one training course provided by the Commission, or a public or private provider
						or a professional lobbying association approved by the Commission, during each
						two-year registration cycle.
8.1.b.
						A registered lobbyist who fails to complete a training course within the
						required time period shall be subject to suspension by the Commission and may
						not engage in lobbying activity until the required training course is
						completed.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-12 - Lobbying › Section 158-12-9 - Grass Roots Lobbying Campaigns

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A grass roots lobbying campaign is a
						program addressed to the public, a substantial portion of which is intended
						primarily to influence legislation by the West Virginia Legislature. Such
						programs are directed at the public rather than legislators or other
						governmental policy makers.
9.2.
						Any person who spends more that $200 in one month, or more than $500 in a three
						month period, presenting a grass roots lobbying campaign is required to
						register with the Commission within 30 days of making the
						expenditures.
9.3. Sponsors of
						grass roots lobbying campaigns are required to report their activities to the
						Commission for the same time periods required of registered lobbyists. The
						Commission will mail forms necessary for reporting to sponsors as
						required.
9.4. Sponsors must,
						within 30 days of the termination of the campaign, give notice of termination
						and make a final report including total contributions and expenditures made on
						behalf of the campaign.
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 158-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						legislative rule establishes a code of conduct for state administrative law
						judges.
1.2. Authority. -- W. Va.
						Code §
									6B-2-5a.
1.3. Filing Date. -- April 14,
						2006.
1.4. Effective Date. -- April
						20, 2006.
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 158-13-2 - Interpretation

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule is
						taken, in part, from the National Association of Administrative Law Judges
						Model Code of Conduct for State Administrative Law Judges (1999) (Appendix A)
						and the American Bar Association Model Code of Conduct for State Administrative
						Law Judges (1995) (Appendix B).
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 158-13-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Compensation"
						means any money, thing of value or financial benefit. The term "compensation"
						does not include reimbursement for actual reasonable and necessary expenses
						incurred in the performance of one's official duties.
3.2. "De minimis" means an insignificant
						interest that could not raise reasonable question as to an administrative law
						judge's impartiality.
3.3. "Degree
						of relationship" means the calculation authorized by the civil law
						system.
3.4. "Fiduciary" means such
						relationships as executor, administrator, trustee and guardian.
3.5. "Financial interest" means ownership of
						more than a
de minimis
legal or equitable interest, however
						small, or a relationship as director, advisor or other active participant in
						the affairs of a party, except that:
3.5.a.
						ownership in a mutual or common investment fund that holds securities is not a
						"financial interest" in such securities unless the state administrative law
						judge participates in the management of the fund;
3.5.b. an office in an educational,
						religious, charitable, fraternal or civic organization is not a "financial
						interest" in securities held by the organization;
3.5.c. the proprietary interest of a
						policyholder in a mutual insurance company or a depositor in a mutual savings
						association or a similar proprietary interest is a "financial interest" in the
						organization only if the outcome of the proceeding could substantially affect
						the value of the interest;
3.5.d.
						ownership of government securities is a "financial interest" in the issue only
						if the outcome of the proceeding could substantially affect the value of the
						securities;