West Virginia Code of State Rules Agency 153 - Secretary Of State

West Virginia Code of State Rules

Agency 153 – Secretary of State

Purpose and Scope

Agency 153 governs the internal procedures, administrative functions, and regulatory duties of the West Virginia Secretary of State’s office. The rules ensure that the office operates efficiently, transparently, and in accordance with established processes for the management of state records, filings, and various official functions.

Key Areas Covered by Agency 153

Business and Corporate Filings

The Secretary of State’s office manages the registration and filing of business entities, including corporations, limited liability companies, partnerships, and assumed business names.

Rules specify the format, content, and deadlines for submitting registration documents.

Procedures for amendments, renewals, and dissolutions of business entities are established.

The office provides guidelines for filing fees and the method of payment.

Record Keeping and Public Access

The office maintains official records such as business registrations, election documents, and state-issued certificates.

Rules define how public access to these records is managed, including hours of availability and methods for obtaining copies.

Confidentiality provisions outline what information may be withheld or redacted from public disclosure.

Elections Administration

The Secretary of State oversees aspects of state elections, including candidate filings and ballot certification.

Procedures govern the submission of nominating petitions and campaign finance disclosures.

Rules specify deadlines, forms, and verification processes.

Notaries Public

The office regulates the commissioning and discipline of notaries public in the state.

Application procedures, including eligibility criteria and required documentation, are outlined.

Rules set forth duties and responsibilities of notaries, as well as grounds for suspension or revocation.

Official Documents and Certifications

The Secretary of State is responsible for issuing certified copies of official state documents.

Procedures for requesting certifications, payment of fees, and delivery methods are set forth.

The rules clarify the legal significance of certifications issued by the office.

Administrative Procedures

The agency establishes procedures for rulemaking, including public notice and comment periods.

Internal processes for handling complaints, appeals, and enforcement actions are detailed.

The office’s organizational structure and staff responsibilities are described to ensure accountability.

Administrative Structure and Operations

The Secretary of State operates with several divisions, each responsible for distinct functions such as business services, elections, and notaries.

Staff training, record retention policies, and technology use are governed by internal regulations to maintain effective service delivery.

The office adheres to timelines and standards for responding to public inquiries and processing documents.

Summary

Agency 153 provides the framework for the Secretary of State to:

Register and regulate business entities effectively.

Maintain transparent and accessible official records.

Administer election-related functions.

Oversee the commission and conduct of notaries public.

Issue certifications with legal authority.

Conduct internal operations and rulemaking with due process.

These rules ensure the Secretary of State's office operates with consistency, fairness, and accountability, serving the public and various stakeholders efficiently.

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