West Virginia Code of State Rules Agency 188 - Capitol Building Commission
Here’s an overview of Agency 188 – Capitol Building Commission under the West Virginia Code of State Rules:
📘 Title & Series
Title 188 – Procedural Rule Capitol Building Commission
Composed of:
Series 188‑01 – Procedural Rules for Meetings (Sections 188‑1‑1 through 188‑1‑6)
Series 188‑02 – Previewing Plans for Substantial Physical Changes to the Capitol Complex (Sections 188‑2‑1 through 188‑2‑4) (law.cornell.edu)
Series 188‑01 – Key Meeting Procedures
From Section 188‑1‑3 of Series 188‑01 (effective through at least March 21, 2025):
Powers & Duties: The Commission carries out duties under WV Code § 4‑8, including annual notifications to state agencies about project submission requirements, and adoption of project jurisdiction policies and procedures (regulations.justia.com).
Composition: Five governor-appointed members (including an architect, an engineer, two public members, and the Commissioner of Culture & History as Chair), plus the Secretary of Administration as a non-voting member. Appointments are four-year terms; political party limits apply; travel expenses reimbursed (regulations.justia.com).
Quorum: Three members (or alternates) required; majority vote for action (regulations.justia.com).
Meetings:
Held at least quarterly; special meetings as needed.
Notice: At least 2 days by mail (unless waived), public posting on doors, and filed with Secretary of State at least 5 days prior—or immediately for emergencies (regulations.justia.com).
Business order follows Robert’s Rules; all votes voice-recorded; Commission resolutions require majority vote (wvlegislature.gov).
Recordkeeping:
Final actions must be journalized and available to public (regulations.justia.com).
Minutes drafted and maintained; compliance with open-meetings law (§6‑9A) (regulations.justia.com).
Series 188‑02 – Project Review Process
Governs review of substantial physical changes to Capitol Complex facilities. This includes design/plan submittal and approval requirements before construction. (Full details for sections 188‑2‑1 to 188‑2‑4 are usually available on the WV Secretary of State’s e‑Rules site) (apps.sos.wv.gov).
Statutory Authority: WV Code § 4‑8
Chapter § 4‑8 defines:
Creation, composition, qualifications (§ 4‑8‑1, § 4‑8‑2)
Officers, expenses (§ 4‑8‑3)
Powers and duties (§ 4‑8‑4)
Contracts and changes requiring Commission approval (§ 4‑8‑5) (code.wvlegislature.gov).
Context & Oversight Findings
A 1998 Legislative Audit report (PE‑98‑04‑96) reviewed the Commission structure and found:
Role: Review and approve/reject all substantial physical change plans to Capitol Complex. Its approval is a prerequisite before contracts are issued (wvlegislature.gov).
Found gaps: Agencies sometimes proceed without CBC approval; documentation and official written notices sometimes lacking (wvlegislature.gov).
Recommendation: Strengthen definitions, control procedures, and recordkeeping to ensure accountability .
In Summary
Agency 188 comprises two main rule sets:
Meeting governance and structure (Series 188‑01)
Project review procedures (Series 188‑02)
It operates under statutory authority in WV Code § 4‑8.
Its core function: act as the gatekeeper for significant changes to the Capitol Complex, ensuring transparency, compliance, and historical preservation.
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