W. Va. Code R. § 153-21-2

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-21-2 - Definitions

2.1. "Alternate dispute resolution" means the procedure for resolving any complaint which has not been resolved by the Secretary within ninety days of receipt of the complaint.

2.2. "Complaint" means any notarized report, on forms provided by the Secretary of State, sworn to and signed by an individual, alleging a violation of the provisions of West Virginia Code, Chapter Three, which has occurred, is occurring, or is about to occur.

2.3. "Complaint procedure" means the state-based administrative complaint filing and resolution process required by W. Va. Code § 3-1-50. This process does not apply to election recounts or election result contests. A complainant who wishes to challenge the validity of a primary, general, or special election, or to determine the validity of a ballot or vote must seek relief as otherwise provided by law.

2.4. "Complainant" means the person who has filed the formal complaint.

2.5. "Final determination" means the decision of the Secretary of State or State Elections Commission regarding the validity, timeliness, and appropriateness of the complaint and, if found to be so, whether a report should be filed with the prosecuting attorney who has jurisdiction over the criminal violations suggested by the investigation of the complaint.

2.6. "Hearing" means an administrative process before a hearing officer or representative designated by the Secretary of State conducted to permit the presentation of evidence regarding the alleged violation.

2.7. "Hearing Officer" means the person designated by the Secretary of State to conduct the hearing, administer oaths, receive testimony, documentary and other evidence.

2.8. "Publish the results" means a written notice by the Secretary provided to the complainant and respondent that there has been no violation and the complaint has been dismissed.

2.9. "Receipt of complaint" means the day on which the Secretary of State actually receives the fully completed complaint form regardless of how submitted.

2.10. "Receive" means the date actually received by the party but is presumed to have been received no later than four (4) working days after mailing by the Secretary.

2.11. "Respondent" means the person accused of wrongdoing, or some other violation, in the complaint.

2.12. "Working day" means a day when the Secretary of State's office is open to the public.

W. Va. Code R. § 153-21-2