Chapter 5A. Department Of Administration


Published: 2015

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WEST VIRGINIA CODE











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WVC 5A-

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

WVC 5 A- 6 A-

ARTICLE 6A. PERMITTING AND LICENSING INFORMATION ACT.



WVC 5 A- 6 A- 1

§5A-6A-1. Short title.

Short title. -- This article may be known and cited as the

Permitting and Licensing Information Act.







WVC 5 A- 6 A- 2

§5A-6A-2. Legislative findings.

(a) The Legislature finds that:

(1) Persons conducting business activities in this state are

required to obtain permits and licenses from various agencies that

regulate those activities;

(2) The efficiency of the permitting and licensing process is

an integral component of effective government, business development

and public participation; and

(3) It is in the public interest that the permitting and

licensing process for business activities should be efficient and

streamlined.

(b) Therefore, the Legislature declares that the permitting

and licensing process for business activities be facilitated and

coordinated by the Governor's Office of Technology.







WVC 5 A- 6 A- 3

§5A-6A-3. Definitions.

For the purposes of this article, the following words have the

meaning assigned unless the context indicates otherwise:

(1) "Agency" means any board, department, division, authority,

commission or other public entity that requires a permit or license

to be obtained from the entity to conduct a business activity in

this state.

(2) "Office" means the Governor's Office of Technology.

(3) "Permit" means any permit, license, authorization,

certification, registration or other approval required to perform

a business activity.







WVC 5 A- 6 A- 4

§5A-6A-4. Permit and license information authority.

(a) The Legislature hereby authorizes the Governor's Office of

Technology to facilitate and coordinate the permitting and

licensing process for business activities in this state.

(b) The office has the following authority to:

(1) Establish a central permit and license information

repository;

(2) Determine the type of information that each agency must

submit in order to provide adequate information to the public

regarding the permits and licenses needed for a particular business

activity;

(3) Require state agencies and local agencies to provide their

permit and license information, including the type and purpose of

all permits and licenses the agency issues;

(4) Create an online permitting and licensing program

monitored through the state web page; and

(5) Make recommendations to the Governor and the Legislature

concerning the functionality of the central permit and license

information repository to ensure its accessibility and reliability

for use by agencies and the public.







WVC 5 A- 6 A- 5

§5A-6A-5. Duty of agencies to provide permitting and licensing

information; development of permitting and licensing

information repository.

(a) On or before the first day of October, two thousand eight,

the office shall provide notice to all agencies that beginning on

the first day of February, two thousand nine, that the agency shall

submit licensing and permitting information to the office.

(b) On or before the first day of December, two thousand

eight, the office shall establish, and provide to agencies that

issue permits and licenses, the procedures and methods for

submission of required permitting and licensing information for the

permitting and licensing information repository.

(c) On or before the first day of February, two thousand nine,

an agency that issues permits and licenses shall submit the

required permitting and licensing information to the office in

accordance with the procedures and methods established in this

article.

(d) On or before the first day of July, two thousand nine, the

office will create an internet-based, publicly accessible

permitting and licensing information repository, in coordination

with the state's e-government initiatives, that contains the

following:

(1) A comprehensive detailed listing of the types of permits

and licenses required for specific business activities;

(2) The purposes of the permits and licenses; and

(3) The agencies responsible for issuance of the permits and

licenses, including the agency contact information.

(e) The permitting and licensing information repository shall

allow individuals to obtain a listing of the types of permits and

licenses required for specific business activities.







WVC 5 A- 6 A- 6

§5A-6A-6. Requirements for adopted, revised or terminated

permitting or licensing information.

No later than thirty days prior to the effective date of the

implementation, revision or termination of any permitting or

licensing requirement, an agency, subject to the provisions of

this article, is required to provide to the office the current

information relating to a permit or license.







WVC 5 A- 6 A- 7

§5A-6A-7. Reporting requirements.

Annually, by the thirtieth day of December, the office shall

report to the Joint Committee on Government and Finance and the

Governor the status of the permitting and licensing information

repository and identify any agency that has failed to comply with

the requirements of this article.







WVC 5 A- 6 A- 8

§5A-6A-8. Rule-making authority.

The office may propose rules for legislative approval pursuant

to the provisions of article three, chapter twenty-nine-a of this

code to effectuate the purpose and provisions of this article.







WVC 5 A- 6 A- 9

§5A-6A-9. Limitation.

Although this article creates a central permitting and

licensing information repository, each agency shall continue to

administer its own permitting and licensing procedures and charge

and collect the appropriate fees.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.