W. Va. Code R. § 153-10-8

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-10-8 - Special Provisions During an Emergency

8.1. The Secretary, upon declaration of a State of Emergency or Preparedness by Governor pursuant to W. Va. Code § 15-5-6, may suspend a requirement contained in this rule if the requirement cannot be met due to measures that are necessary to comply with federal law; measures that are necessary to respond to an epidemic, pandemic, or public health crisis; or measures that are necessary to respond to an emergency. Examples of requirements which may be suspended pursuant to this section include, but are not limited to, the following:

8.1.1. The application deadlines for subgrantees set forth in section five of this rule: Provided, That that die Secretary shall issue uniform guidance for die grant application and review process in die event of a statewide emergency;

8.1.2. The pro rata allocation formula set forth in section five of this rule;

8.1.3. The application review and approval timelines for the HAVA Grant Board set forth in section five of this rule, including the timeline for public meetings; and

8.1.4. Any other provision of this rule that the Secretary determines may delay necessary action for conducting a federal election during a State of Emergency.

8.2. In the circumstances described in section 8.1. of this rule, the Secretary may take steps to initiate the grant application review and approval process described in section five of this rule, including calling necessary meetings of the State Election Commission and HAVA Grant Board, in accordance with applicable state and federal law.

8.3. Notwithstanding the requirements of this rule, a county's application for a grant to pay for items, supplies, or materials necessary to prepare for a federal election, or to fund a purpose not expressly provided for in this rule, may be approved by the Secretary if otherwise permitted by federal law.

8.4. The provisions of this rule do not confer any additional authority upon the Secretary of State or State Election Commission to distribute HAVA funds appropriated by the United States Congress beyond the authority set forth by state and federal laws and regulations.

W. Va. Code R. § 153-10-8