W. Va. Code R. § 158-11-4

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

Section 158-11-4 - Requests for Exemptions

4.1. Full-time public officials or employees who are seeking an exemption shall submit a written request to the Executive Director of the WV Ethics Commission. The exemption request shall contain:

4.1.a. the name, address and phone number of the governmental agency by which the applicant is employed;

4.1.b. the applicant's job title and the name of his or her immediate supervisor; and,

4.1.c. facts sufficient to support a finding that the full-time public official or public employee would be adversely affected if he or she is prohibited from seeking employment with regulated persons or vendors over whom he or she exercises control.

4.2. The power to grant a temporary 30 day exemption pursuant to this rule is hereby delegated to the Commission Chair, or at the Chair's direction, the Commission's Executive Director. Either is authorized to grant an exemption in the name of the Commission as provided by this rule. The Executive Director or Chair shall grant or deny the exemption within 10 business days of receipt of the request. The Ethics Commission shall consider whether to ratify the decision within 45 days of receipt of the exemption request.

4.3. An exemption may only be granted if the Commission Chair or Executive Director finds that the full-time public official or employee will be adversely affected if the same is denied.

4.4. If a request for an exemption is denied, the full-time public official or employee may appeal the determination to the members of the Ethics Commission within 10 business days of the receipt of the denial of the request for an exemption.

4.4.a. The Ethics Commission shall consider the exemption request de novo.

4.4.b. A ruling on an appeal shall be made by the Ethics Commission within 45 days of receipt of the request for an appeal from the decision of the Executive Director or Chair denying the exemption request.

W. Va. Code R. § 158-11-4