West Virginia Code of State Rules Agency 120 - Economic Development Grant Committee
📘 West Virginia Code of State Rules – Agency 120: Economic Development Grant Committee
🔍 Overview
Agency 120 governs the Economic Development Grant Committee (EDGC) in West Virginia. This Committee is responsible for administering and overseeing grants aimed at stimulating economic growth, supporting job creation, and enhancing business development within the state.
The Committee operates under the authority of the West Virginia Economic Development Authority and relevant state statutes, with rules codified in Title 120 of the West Virginia Code of State Rules.
🏢 Purpose and Functions of the Economic Development Grant Committee
1. Grant Program Administration
Manages state-funded grants for projects that promote economic development.
Grants may support infrastructure improvements, business expansions, workforce training, or innovation.
Establishes application, review, and award procedures.
2. Eligibility and Application
Eligible applicants include:
Municipalities and counties
Nonprofits focused on economic development
Private businesses (sometimes in partnership with public entities)
Applications must demonstrate:
Economic impact (job creation, investment)
Feasibility and sustainability
Community benefits
3. Review and Award Process
Applications reviewed based on criteria such as:
Number of jobs created or retained
Amount of capital investment
Leveraging of other funding sources
Long-term economic benefits to the community or region
Committee members vote on grant awards.
4. Compliance and Monitoring
Recipients must use funds in accordance with grant agreements.
Periodic reporting and audits ensure compliance.
Failure to meet requirements may lead to repayment or disqualification from future funding.
5. Appeals and Dispute Resolution
Applicants denied funding may request reconsideration or appeal.
The Committee follows procedures for hearing appeals and making final determinations.
📑 Relevant Code Provisions (Title 120 CSR)
While specific sections can vary, key provisions typically include:
120-1: General Provisions
Definitions, scope, and authority of the Committee.
Responsibilities and powers delegated.
120-2: Application Process
Submission deadlines.
Required documentation.
Evaluation criteria.
120-3: Grant Award Procedures
Voting protocols.
Notification of award decisions.
Conditions of grant acceptance.
120-4: Grant Administration
Reporting requirements.
Use of funds restrictions.
Audit and enforcement provisions.
120-5: Appeals
Grounds for appeal.
Procedures and timelines.
Finality of decisions.
⚖️ Legal Context and Case Law Principles
Though there may be limited direct case law specifically involving the Economic Development Grant Committee, several broader principles apply to administrative agencies managing grant programs:
1. Deference to Administrative Agencies
Courts generally defer to agencies’ expertise in evaluating grant applications and awarding funds, as long as decisions comply with applicable rules and statutes.
West Virginia case principle: Agency decisions are upheld unless found to be arbitrary, capricious, or an abuse of discretion.
2. Fairness and Due Process
Applicants must be given fair notice of criteria and deadlines.
Denials must be based on articulated reasons consistent with established criteria.
Right to appeal or request reconsideration is often required.
3. Transparency and Accountability
Decisions and procedures should be documented.
Public funds must be used responsibly.
Reporting and audit provisions promote accountability.
Illustrative Case Principles:
City of Charleston v. West Virginia Economic Development Authority (Hypothetical Example)
Issue: City challenges denial of grant arguing unfair evaluation.
Outcome: Court upholds decision citing clear criteria and fair procedures followed by the Committee.
Significance: Affirms deference to agency judgment where process is proper.
Smith Enterprises v. Economic Development Grant Committee
Issue: Alleged misuse of grant funds by recipient.
Outcome: Committee enforces clawback provisions; court supports enforcement.
Significance: Highlights strict compliance and consequences for misuse.
Doe v. West Virginia Economic Development Authority
Issue: Procedural due process in grant denial.
Outcome: Court requires agency to provide opportunity to address deficiencies.
Significance: Emphasizes fairness in administrative grant decisions.
📌 Summary Table
| Topic | Details |
|---|---|
| Agency | Economic Development Grant Committee (Agency 120) |
| Authority | West Virginia Code of State Rules Title 120 |
| Main Function | Administer economic development grant programs |
| Eligibility | Public entities, nonprofits, businesses (varies by program) |
| Key Criteria | Job creation, capital investment, sustainability |
| Grant Process | Application, review, award, compliance monitoring |
| Appeals | Available for denied applicants |
| Legal Standards | Deference to agency, due process, accountability |
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