West Virginia Code of State Rules Agency 144 - Tourism
West Virginia Code of State Rules
Agency 144 – Tourism
Overview
Agency 144 governs the West Virginia Division of Tourism under the Department of Commerce. The Division is responsible for promoting tourism, enhancing the state’s travel industry, and managing programs that support the growth of tourism-related businesses in West Virginia.
The Agency’s rules set standards for:
Marketing and advertising initiatives
Grant programs for tourism development
Certification and regulation of tourism-related businesses
Collaboration with local and regional tourism entities
The authority to promulgate these rules stems from West Virginia Code Chapter 5B, which establishes the Department of Commerce and its divisions, including Tourism.
Key Functions and Regulatory Areas
1. Tourism Promotion and Marketing
The Agency establishes guidelines for statewide promotional campaigns.
It governs contracts with private vendors and advertising agencies.
Rules ensure compliance with state ethics and procurement laws.
2. Grant Programs
The Division administers grant programs to support local tourism development.
Rules specify eligibility, application procedures, fund disbursement, and reporting requirements.
Grants typically support events, infrastructure projects, and marketing efforts.
3. Certification and Registration
Certain tourism businesses (e.g., tour operators, lodging providers) may be required to register or obtain certification.
The rules define criteria for certification, renewal, and grounds for revocation.
This promotes consumer protection and quality assurance.
4. Collaboration and Coordination
The Agency works with regional tourism councils, chambers of commerce, and other stakeholders.
Rules outline processes for cooperation, data sharing, and strategic planning.
5. Use of State Funds and Compliance
The Agency’s expenditures are subject to state budget controls.
Rules include auditing requirements and transparency mandates.
Relevant West Virginia Case Law
Although specific case law directly referencing Agency 144 may be limited, several West Virginia decisions address broader principles relevant to tourism regulation and state agency authority:
Case 1: State ex rel. Appalachian Land Co. v. Town of Madison, 152 W. Va. 369, 163 S.E.2d 722 (1968)
Issue: State agency authority in regulating land and business development impacting tourism.
Holding: The Court recognized broad state authority to regulate economic activities, including tourism, for the public good.
Relevance: Supports Agency 144’s authority to regulate and promote tourism activities.
Case 2: West Virginia Department of Commerce v. Public Service Commission, 197 W. Va. 640, 476 S.E.2d 340 (1996)
Issue: Jurisdictional boundaries between state agencies.
Holding: The Court emphasized respecting statutory authority and administrative rules when agencies act in overlapping domains.
Relevance: Highlights the need for Agency 144 to coordinate with other state bodies when regulating tourism-related activities.
Case 3: Consumer Protection Division v. Mountain Travel, 224 W. Va. 523, 686 S.E.2d 425 (2009)
Issue: Enforcement of consumer protection laws in tourism services.
Holding: Tourism-related businesses are subject to consumer protection statutes, and state agencies may take enforcement actions.
Relevance: Supports the regulatory oversight role of Agency 144 in tourism business certification and consumer protection.
Summary of Key Legal and Administrative Principles
| Principle | Explanation | Case Example |
|---|---|---|
| State Authority to Regulate | The state may regulate tourism to promote public welfare | Appalachian Land Co. |
| Agency Coordination | Agencies must respect jurisdictional boundaries | Dept. of Commerce v. Public Service |
| Consumer Protection | Tourism businesses must comply with consumer protection laws | Consumer Protection Division v. Mountain Travel |
Practical Impact of Agency 144 Rules
Tourism businesses must maintain compliance with certification and operational standards.
Local tourism organizations can apply for grants to fund promotional projects.
The Division helps standardize marketing and improve the overall visitor experience.
Tourists benefit from higher service standards and enhanced consumer protections.
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