West Virginia Code § 11-1C-4

Commission powers and duties; rulemaking
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(a) On or before October 1, 1990, and thereafter as necessary the Property Valuation
Training and Procedures Commission shall perform the following duties:
(1) Devise training and certification criteria for county assessors and their employees and
members of county commissions, which shall include a definition of "appropriate staff
member" as the term is used in section six of this article relating to required training, which
definition shall include deputy assessors as provided for in section three, article two of this
chapter;
(2) Establish uniform, statewide procedures and methodologies for the mapping, visitation,
identification and collection of information on the different species of property, which
procedures and methodologies shall include reasonable requirements for visitation of
property, including a requirement that a good faith effort be made to contact any owner of
owner-occupied residential property: Provided, That the commission is not authorized to
establish the methods to value real and personal prloperty, but shall have the authority to
approve such methods; s
(3) Develop an outline of items to be includied in the county property valuation plan required
in section seven of this article, whicgh shall include information to assist the Property
Valuation Training and Procedures Commission in its determination of the distribution of
state funds provided pursuant to section eight of this article.
(b) On or before July 1, 1991, the commission shall establish objective criteria for the
evaluation of the performance of the duties of county assessors and the Tax Commissioner.
(c) In the event the T ax Commissioner and a county assessor cannot agree on the content of
the plan requVired under section seven of this article, the commission shall examine the plan
and the objections of the Tax Commissioner and shall resolve the dispute on or before the
first day of the fiscal year following the fiscal year in which the plan was submitted to the
commission for resolution.
(d) The commission may make such rules as it considers necessary to carry out the
provisions of this section, which rules shall include procedures for the maintenance and use
of paper and electronic tax maps but specifically excluding rules that relate to the sale,
reproduction and distribution of the maps and associated data. Any rules adopted by the
commission prior to October 1, 1990, under subsection (a) of this section are exempt from
the provisions of article three, chapter twenty-nine-a of this code: Provided, That the
commission shall file a copy of any rule so exempted from the provisions of chapter twenty-
nine-a of this code with the Legislative Rule-Making Review Committee created pursuant to
section eleven, article three of said chapter prior to November 30, 1990.
(e) The commission may make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its powers under this article.
(f) In order to fund the costs of the requirements of this article, the valuation commission
may, on a one-time basis, borrow $5 million and distribute those funds according to need
and the valuation plan submitted by the counties. Upon request of the valuation commission,
the State Board of Investments shall loan, under commercially reasonable terms to be
determined by the parties, up to $5 million to the valuation commission, on a one-time basis,
from one of the various funds administered by the State Board of Investments.
(g) The commission shall be required, if the Tax Commissioner has failed to do so, to appoint
one or more special assessors if it is the determination of the commissiron that an assessor
has substantially failed to perform the duties required by sections seven and eight of this
article. A writ of mandamus shall be the proper remedy if the commission fails to perform
any of its duties required by law.

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