Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-1-5 - Location, Relocation, Classification or Reclassification of State Roads5.1. General. Pursuant to the provisions of W. Va. Code § 17-2A-8(3), the Commissioner of Highways may conduct investigations and experiments, and he or she may hold formal or informal hearings or other public meetings and conferences for the purpose of acquiring information from which he or she can determine future courses of action and procedure relative to the state road system.5.2. Commissioner's Order; Distribution. When the Commissioner has received the results of any engineering study or survey, or investigation, or when as the result of any hearing, public meeting or conference, he or she determines the location, relocation, classification or reclassification or designation by number of any road in this state, he or she shall set forth his or her conclusions in an order and entered into the Commissioner's Order Book to be retained as a permanent record of his or her conclusions and his or her actions regarding any such road. All orders of the Commissioner are effective immediately upon being signed and entered in the Commissioner's Order Book.5.2.a. Copies of Commissioner's Order. Copies of any such order of the Commissioner shall be sent to the office of the District Manager of the District wherein any such road is located and shall be available for public inspection during all normal business hours. The Commissioner may also send copies of any order to any public officials or private persons or groups as he or she may feel will provide adequate public notice of his or her action.5.3. Petition of Interested Persons. Any group of 25 or more persons interested in the location, relocation, classification or reclassification of any road or proposed road may file a petition in writing with the Commissioner of Highways setting forth therein the request, complaint or demand of the persons signing the petition, the Commissioner shall immediately designate one or more employees of the Division of Highways to investigate the situation described in the petition. All such petitions shall be directed to the West Virginia Department of Transportation, Commissioner of Highways, Building 5, Room A109, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305-0430, and shall contain at least the following information:5.3.a. a description of the road or proposed road in as definite terms as possible, with references to route numbers and approximate distances from intersections with other roads or from city limits where possible;5.3.b. a concise and clear statement of the problem or situation which the petitioners are asking the Commissioner to resolve;5.3.c. a concise and clear statement of the action the petitioners want the Commissioner of Highways to take to remedy the situation described in the petition; and5.3.d. signatures and mailing addresses of the petitioners.5.4. Investigation by Division. Upon receipt of any such petition, the Commissioner of Highways shall immediately forward a copy thereof to the District Manager of the District wherein the road problem or road situation described in the petition is located, and request that a complete investigation be undertaken. The District Manager shall then immediately commence such investigation, and during the course thereof, no less than two of the persons who have signed their names to the petition shall be personally interviewed by the District Manager or his or her duly authorized representative. Where possible, the first two (2) people who signed the petition will be interviewed.5.5. Hearing. If, after completing his or her investigation, the Commissioner of Highways believes that a hearing should be held, or if the petitioners request a hearing, the Commissioner shall set a time and place for the hearing and shall notify all persons who have signed the petition and any other person he or she feels may be interested in order that all such persons may appear at the hearing and express their views. The Commissioner may, if in his or her opinion the situation warrants, cause a notice of the hearing to be published in some newspaper of general circulation in the county in which the road to be affected is situated.5.6. Commissioner's Determination. Upon the completion of his or her study of the results of the investigation provided for herein, and after reviewing the evidence presented at the hearing, if a hearing was held, the Commissioner shall decide whether the relief requested by the petition shall be granted and will notify at least the first five (5) persons whose signatures and mailing addresses appear on the petition of his or her conclusions, unless the petitioners have designated some other person or group of persons to receive such notice. If the Commissioner's decision is such that it must be put into effect by means of a formal Commissioner's Order as provided in this rule, the Commissioner shall send copies of the order to at least the first five (5) persons whose signatures and mailing addresses appear on the petition.