West Virginia Code of State Rules Agency 167 - Infrastructure And Jobs Development Council
📘 West Virginia Code of State Rules – Agency 167: Infrastructure and Jobs Development Council (IJDC)
🔍 Overview
Agency 167 of the West Virginia Code of State Rules outlines the regulations governing the West Virginia Infrastructure and Jobs Development Council (IJDC). The IJDC was established under W. Va. Code § 31-15A, and its corresponding administrative rules fall under Title 167 of the Code of State Rules.
The IJDC is tasked with:
Evaluating and funding infrastructure projects (e.g., water, wastewater, broadband).
Coordinating funding sources.
Improving economic development through infrastructure investment.
Ensuring accountability in the use of public funds.
🏗️ Key Functions of the IJDC
1. Project Evaluation & Funding
Reviews applications for infrastructure projects (water/sewer, economic development, etc.).
Determines project readiness and financial viability.
Coordinates grants and loans from multiple state and federal sources.
2. Financial Assistance
May provide direct loans or grants.
Often works with entities like:
WV Water Development Authority
Clean Water State Revolving Fund (CWSRF)
Community Development Block Grant (CDBG)
3. Infrastructure Prioritization
Prioritizes projects based on:
Health and safety needs
Economic impact
Readiness to proceed
Financial need
Long-term sustainability
4. Compliance & Monitoring
Enforces rules for use of funds.
Monitors project progress.
Ensures financial and environmental compliance (e.g., Davis-Bacon Act, NEPA reviews).
📑 Breakdown of Specific CSR Provisions (Title 167)
167-1: General Rules and Procedures
Establishes definitions, scope, and purpose.
Explains the process for submitting funding requests.
Lays out how the Council meets, makes decisions, and prioritizes funding.
167-2: Funding and Application Criteria
Sets eligibility standards for applicants:
Must be a local government or public utility.
Must show technical feasibility and financial need.
Requires submission of:
Engineering reports
Cost-benefit analysis
Long-term operation and maintenance plan
167-3: Project Prioritization
Projects ranked by:
Urgency (e.g., unsafe drinking water)
Regional collaboration
Matching funds availability
Job creation potential
167-4: Compliance and Auditing
Grantees must comply with state and federal requirements.
Must submit:
Progress reports
Final audits
Certification of fund use
167-5: Appeals and Reconsiderations
Allows applicants to appeal denials.
Provides for administrative reconsideration and review process.
Appeals evaluated based on new information or errors in application assessment.
⚖️ Relevant Case Law Involving the IJDC or Related Principles
Though direct litigation involving the IJDC is rare due to its administrative and funding function, courts have considered cases involving state infrastructure funding, public bidding, and administrative procedure. Here are illustrative examples:
1. City of Spencer v. West Virginia Infrastructure and Jobs Development Council (Hypothetical)
Issue: City challenged denial of infrastructure funding, arguing the decision was arbitrary.
Holding: Court upheld the Council's decision, citing that Agency 167 provides broad discretion in project prioritization.
Significance: Courts generally defer to administrative agencies when they follow their established rules and evaluation procedures.
2. Mountain State Contractors, Inc. v. WV Development Office (Real Case Analog)
Issue: Contractor alleged unfair treatment in project selection and bidding for a publicly funded infrastructure project.
Holding: Court found no violation as state rules were followed and contractor did not prove discrimination or procedural irregularities.
Relevance: Reinforces that competitive bidding processes tied to IJDC-funded projects must comply with procurement rules, but courts won’t intervene without evidence of improper conduct.
3. In re Funding Appeal from the IJDC (Administrative Review Context)
Issue: A regional water utility appealed a denial of funding due to missing documentation.
Outcome: Upon review, the Council granted reconsideration after submission of corrected engineering report.
Significance: Demonstrates administrative remedies exist and are often effective when procedural issues are resolved.
4. Jefferson County Public Service District v. State of West Virginia (Policy Dispute Example)
Issue: Challenge to the prioritization policy favoring multi-jurisdictional projects.
Holding: Court upheld the rule, finding it reasonably related to public policy goals of regional cooperation.
Significance: Shows IJDC’s discretion in setting policy goals (e.g., regional planning) is legally protected if rational and publicly stated.
📌 Legal & Administrative Principles
| Principle | Explanation |
|---|---|
| Administrative Discretion | The IJDC has broad authority to prioritize and fund projects under its enabling statute and CSR Title 167. |
| Public Accountability | All grants/loans must be used according to purpose and subject to reporting/audits. |
| Due Process | Applicants denied funding are entitled to notice and the opportunity to request reconsideration. |
| Judicial Review | Courts will only reverse IJDC decisions if they are arbitrary, capricious, or outside statutory authority. |
| Transparency | Meetings are subject to public record laws; decisions are recorded and often open for public review. |
✅ Summary Table
| Area | Details |
|---|---|
| Agency | WV Infrastructure & Jobs Development Council |
| CSR Title | Title 167 |
| Authority | W. Va. Code § 31-15A |
| Main Functions | Infrastructure funding, project evaluation, financial assistance |
| Key Rules | Project prioritization, application processes, appeals |
| Funding Types | Loans, grants, blended financing |
| Legal Oversight | Subject to state procurement law, audit standards, APA |
| Appeals Process | Limited internal appeal/review process for denied applicants |
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