W. Va. Code R. § 153-48-5

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

Section 153-48-5 - Electronic Recording Processing Requirements

5.1. A Participating Clerk shall provide notice of confirmation or rejection of an electronic recording to the Submitter through the locally adopted Electronic Document Delivery System.

5.1.1. A notice of confirmation shall include recording information for the electronic document accepted for recording, and shall identify that the electronic document is accepted for recording.

5.1.2. A notice of rejection shall include a brief explanation of the reason or reasons for rejection, and shall identify that the electronic document is rejected for recording.

5.1.3. If a Participating Clerk complies with the notice requirements, failure of a Submitter to receive actual notice of confirmation or rejection of a recording shall not affect the validity of the confirmation or rejection.

5.2. A Participating Clerk may contact a Submitter prior to sending a notice of confirmation or rejection regarding an electronic document submitted for recording. The delivery agent shall ensure that the Submitter includes telephone or e-mail contact information with each such submission.

5.3. First-to-File Priority Determination; Local Processing Policy Requirements:

5.3.1. Participating Clerks will accept all recordings permitted by law via in-person delivery, mail delivery, or electronic submission in the manner adopted by the local jurisdiction under a local processing policy.

5.3.2. For purposes of determining priority, Participating Clerks shall record all documents based on the order they are submitted to their office according to a local processing policy developed under this section.

5.3.3. Participating Clerks shall develop a local processing policy that details the formal chronological order that all recordings are deemed submitted according to the provisions of subsection 5.3.4 of this rule. The local processing policy shall ensure each recording has a stamp or other legally permitted logging mechanism that provides the date and time the recording is deemed submitted, whether the recording was submitted via in-person delivery, mail delivery, or electronic delivery, and the processing policy shall be published on the local jurisdiction's website and available in hard-copy format at the local jurisdiction's office.

5.3.4. The chronological order of recordings deemed submitted shall be determined based upon the following:

5.3.4.a. In-person submissions will be processed based on the position in the queue of other paper and electronic recording documents.

5.3.4.b. Mail-in submissions will be processed based on the time of day that the mail is regularly opened in the local jurisdiction's office.

5.3.4.c. Electronic submissions will be processed based on the time of day according to the Participating Clerks' local processing policy. Provided, that electronic submissions received two-hours or less before the close of the local jurisdiction's regular business hours may, when circumstances require, be processed on the next business day.

5.3.5. Notwithstanding the local processing policy, Participating Clerks may process recordings as efficiently as possible so long as the time submitted is the key factor when determining priority.

W. Va. Code R. § 153-48-5