5,01. Separate branch bank applications for each unbanked area - A separate branch bank application and filing fee are required for each unbanked area where a banking institution applies for a branch bank to be established by the construction, lease or acquisition of a facility, provided, however, that banking institutions will not be permitted to file more than one branch bank application for a particular unbanked area. If a banking institution files branch bank applications for more, than one unbanked area, it must inform the Board, in writing, of its order of preference, at the time the branch bank applications are filed. If "a state banking institution is selected first or second in more than one contested unbanked area, the Board will review only the branch bank application ranked highest in the order of preference established by that banking institution.
W. Va. Code R. § 107-08-5