W. Va. Code R. § 54-3-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 54-3-7 - Public Participation Process
7.1. Public Notice and Hearing.
7.1.a. Prior to the submission of a draft plan to the Board, and to assist the authority in the development of a draft plan, the authority shall publish notice and hold at least one public hearing to solicit ideas, opinions, and comments from the general public on the development of the draft plan.
7.1.a.1. The authority shall publish notice of the hearing at least thirty (30) days in advance of the hearing as a Class I legal advertisement published in a qualified newspaper, as defined in W. Va. Code ''59-3-1 and 2, serving the county or counties, whichever is appropriate.
7.1.a.2. The authority shall consider the public comments received at the public hearing, and shall record the proceedings of the hearing by mechanical means, and such recording and a copy of all written comments received and a written summary of the proceedings shall be retained by the authority for a period of three (3) years from the date of the public hearing.
7.1.b. After submission of the draft plan to the Board, the authority shall publish notice and conduct at least one public hearing to solicit ideas, opinions, and comments from the general public concerning the plan.
7.1.b.1. The authority shall publish notice of the hearing at least thirty (30) days in advance of the hearing as a Class I legal advertisement published in a qualified newspaper, as defined in W. Va. Code ''59-3-1 and 2, serving the county or counties, whichever is appropriate, and by posting the public notice at the appropriate county courthouse or courthouses.
7.1.b.2. A copy of the public notice of the hearing shall be mailed to those persons requesting to be placed on a mailing list to be maintained by the authority.
7.1.b.3. The public notice shall include the date, time, and place scheduled for the public hearing, an invitation for written and oral comments, an address to which comments may be mailed, and the locations in the area where a copy of the draft plan is available for public review.
7.1.b.4. At the public hearing, reasonable limits may be set upon the time allowed for oral statements. The submission of written comments shall be extended to ten (10) days after the public hearing date.
7.2. Public Review of the Plan. -- At least thirty (30) days prior to any public hearing under subsection 7.1.b, the authority shall place for public review a copy of the draft plan at the county clerk's office or clerks= offices, at all public libraries and branch libraries in the county or counties, and at the office of each appropriate regional planning and development council.
7.3. Consideration of Public Comments.
7.3.a. The authority shall consider all public comments received, written and oral, in the development of the final plan.
7.3.b. The authority shall prepare a written summary of the public comments received and a statement explaining how it responded to the public comments in the development of the final plan. Such written summary and statement shall be submitted to the Board with the final plan.
7.3.c. If requested by the Board, the authority shall submit all or any part of the public comment record to the Board for its review.

W. Va. Code R. § 54-3-7