W. Va. Code R. § 153-54-5

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

Section 153-54-5 - Application Review and Approval Process; Considerations

5.1. Within 30 days of the Secretary's receipt of an application for funding, the Secretary shall forward electronic copies of the application to the State Election Commission.

5.2. Within 30 days of the State Election Commission's receipt of the application, the State Election Commission shall schedule a public meeting to consider the application. Public notice of the meeting shall be made by the Secretary of State in accordance with the West Virginia Open Governmental Meetings Act, W. Va. Code § 6-9A-1et seq.

5.3. At the public meeting, the public body(ies), official(s), or their representative(s), may appear in person, by phone, or virtually, to present the application to the State Election Commission and answer any questions.

5.4. The State Election Commission shall deliberate the application in accordance with the Open Governmental Meetings Act, W. Va. Code § 6-9A-1et seq. For its deliberation, the State Election Commission may consider each applicant's circumstances and justification for requesting funding, including but not limited to the following factors:

5.4.1. The applicant's need;

5.4.2. The applicant's intended use of the funding;

5.4.3. Other available sources of funding; and

5.4.4. A pro rata share of available funding.

5.5. The State Election Commission shall either approve or deny the application, in part or full, within 30 days from the date of initial public meeting. The Secretary of State shall communicate the State Election Commission's decision in writing to the public body(ies) or official(s) within 10 days of the decision: Provided, That in the case of a partial approval or denial the State Election Commission shall explain its decision, which explanation shall be included in the written notification to the applicant by the Secretary of State.

5.6. If the application is approved, the Secretary of State shall authorize the transfer of funding from the Fund in the amount approved by the State Election Commission to the public body(ies) or official(s).

5.7. If the application is denied, the public body(ies) or official(s) may apply for reconsideration in writing to the State Election Commission, signed by the person(s) authorized under Subsection 4.2 of this rule, and which may include any additional relevant information and supporting materials. Within 30 days of receipt of the written request for reconsideration, the State Election Commission shall schedule a public meeting for reconsideration or deny the request.

5.8. The State Election Commission's decision on reconsideration, including its reasoning, shall be communicated in writing by the Secretary of State to the applicant within ten (10) days of the decision. The State Election Commission's decision on reconsideration shall be full and final.

W. Va. Code R. § 153-54-5