West Virginia Code of State Rules Agency 145 - Development Office
West Virginia Code of State Rules
Agency 145 – Development Office
Overview
Agency 145 refers to the West Virginia Development Office, a state agency tasked with promoting economic development and facilitating growth in West Virginia. The Development Office plays a critical role in attracting, retaining, and expanding businesses, as well as supporting workforce development and infrastructure improvements.
The rules codified under Agency 145 set out the administrative structure, program implementation, funding mechanisms, and procedures related to economic development initiatives overseen by the Office.
Purpose and Function of the Development Office
Economic Growth: Foster and coordinate efforts to stimulate private sector job creation and investment within the state.
Business Support: Provide assistance and incentives to businesses through grants, loans, tax credits, and technical support.
Workforce Development: Collaborate with educational institutions and workforce agencies to align training programs with industry needs.
Infrastructure Development: Support projects that improve transportation, utilities, and broadband access to enhance business competitiveness.
Community Development: Aid local governments and communities in revitalization efforts and economic planning.
Key Areas Covered Under Agency 145 Rules
1. Organizational Structure
Defines the leadership roles within the Development Office, including the Director and various program managers.
Sets forth internal procedures for decision-making, reporting, and accountability.
2. Economic Development Programs
Describes the various programs administered by the Office, such as:
Business Incentive Programs: Tax credits, rebates, and grants designed to attract or retain businesses.
Loan Programs: Financing options for small businesses or development projects.
Special Project Initiatives: Targeted efforts for specific industries or regions.
3. Application and Award Procedures
Establishes guidelines for applying for economic development assistance.
Details eligibility criteria for businesses and projects.
Outlines the review and approval process, including criteria used to evaluate proposals.
4. Monitoring and Compliance
Requires recipients of grants or loans to submit reports demonstrating compliance with program requirements.
Sets enforcement mechanisms and remedies for non-compliance, including repayment or penalties.
5. Collaboration and Partnerships
Encourages coordination with other state agencies, local governments, private entities, and federal programs to maximize impact.
Legal and Regulatory Context
The Development Office operates under statutory authority granted by the West Virginia Legislature, often codified in chapters related to commerce, economic development, and finance.
Agency 145 rules function as administrative law guiding how the agency implements legislative mandates.
Practical Implications
Businesses seeking assistance through the Development Office must carefully follow application requirements and maintain compliance with reporting obligations.
Local governments and community organizations benefit from programs administered under Agency 145 that support infrastructure and economic planning.
The Development Office serves as a liaison between the private sector and government, facilitating access to resources that promote growth.
Relevant Case Law (Illustrative Examples)
While specific cases directly challenging Agency 145 rules may be limited, broader legal principles relevant to the agency’s operation include:
Case Example 1: West Virginia Development Office v. XYZ Corporation (Hypothetical)
Issue: Alleged misuse of economic development grant funds.
Outcome: The agency demanded repayment; the case affirmed the Development Office's authority to enforce compliance under its rules.
Case Example 2: Local Government Entity v. West Virginia Development Office
Issue: Dispute over award denial based on application evaluation.
Outcome: Courts deferred to the agency’s discretion in awarding funds unless arbitrary or capricious actions were shown.
Summary Table
| Topic | Description |
|---|---|
| Agency Role | Promote economic development statewide |
| Programs | Incentives, loans, grants, technical aid |
| Application Process | Eligibility, review, award criteria |
| Compliance | Reporting, enforcement, repayment |
| Partnerships | Coordination with government and private sector |
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