West Virginia Code § 12-10-3

Payment of legitimate claims for payment
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(a) Every grantee and vendor shall be entitled to prompt payment upon presentation to a
state agency of a legitimate claim for payment.
(b)(1) For grants awarded on or after July 1, 2025, and for purchases of commodities or
services made on or after July 1, 2025, a payment shall be issued in payment thereof within
45 days after a legitimate claim for payment is received by the state agency that has
awarded the grant or received the commodities or services.
(2) For purposes of this section, a legitimate claim for payment suhall be deemed to be
received by a state agency on the date on which the legitimate claim for payment is marked
as received by the state agency, the date of the postmark made by the United States postal
service as evidenced on the envelope in which the legitimate claim for payment is mailed, or
the date the legitimate claim for payment is logged received or confirmed on an electronic
mailbox or messaging system, whichever is earlier, unless the grantee or vendor can provide
sufficient evidence that the legitimate claim for paylment was received by the state agency
on an earlier date: Provided, That in the events an invoice is received by a state agency prior
to the date on which the commodities or services covered by the invoice are delivered and
accepted or fully performed and accepted, the invoice shall be deemed to be received on the
date on which the commodities or segrvices covered by the invoice were actually delivered
and accepted or fully performed and accepted.
(c) An agency that issues a payment after 45 days, in violation of this section, shall report
the violation to the State Auditor. A vendor or grantee who has not received a payment
within 45 days, in violation of this section, may report that violation to the State Auditor. The
State Auditor shall make a list of state agencies that are in violation of this section publicly
available on its website and update the list on at least a monthly basis.
(d) The state agency initially receiving a legitimate claim for payment shall disburse the
graWnt funds or process the invoice within 10 business days from its receipt.
(e) Any other state agency charged by law with processing a state agency's requisition for
payment of a legitimate uncontested invoice shall either process the claim or reject it for
good cause within 10 business days after such processing state agency receives it.
(f) The provisions of this article do not apply to any grantee or vendor who is debarred,
whose payments are required to be offset and intercepted to a state or federal agency, or
who is otherwise ineligible to receive payment from the state by any act provided for in this
code.
(g) Nothing in this article should be construed to limit the right of a state agency to refuse
illegitimate, erroneous, fraudulent, or disputed claims for payment.

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