W. Va. Code R. § 153-21-7

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 153-21-7 - Alternate Dispute Resolution Procedures

7.1. If the Secretary cannot resolve the complaint within ninety (90) days of filing, or at the conclusion of any additional time agreed to by the complainant, the Secretary shall provide an alternate means for resolving the complaint.

7.2. The alternate dispute resolution shall resolve the complaint within sixty (60) days of the end of the original ninety (90) day deadline.

7.3. No later than five (5) days after the end of the ninetieth (90*) day following receipt of the complaint, if additional time has not been agreed to by the complaining party, the Secretary shall schedule a meeting of the State Election Commission to address the complaint.

7.4. The Commission shall be provided with copies of all documentary information, the complaint form, any other non-privileged materials, and the hearing officer's summary of evidence (if a hearing had been conducted) obtained as a result of the investigation to that point.

7.5. By majority vote, the Commission shall resolve, in one of the ways provided by section 5.4 of this regulation, the complaint within the sixty (60) day resolution requirement.

7.6. The decision of the Commission is final and is not subject to appeal.

RESPONSE TO PUBLIC COMMENTS ELECTIONS LAW VIOLATIONS COMPLAINT PROCESS

No comments suggesting amendment to the proposed rule were received.

W. Va. Code R. § 153-21-7