West Virginia Code of State Rules Agency 203 - Courthouse Facilities Improvement Authority
West Virginia Agency 203 – Courthouse Facilities Improvement Authority (CFIA)
1. Purpose and Creation
The Courthouse Facilities Improvement Authority (CFIA) is established under Agency 203 of the West Virginia Code of State Rules. Its primary purpose is to provide financial assistance to counties for the construction, improvement, or repair of courthouse facilities.
The CFIA exists to:
Ensure county courthouses are safe, modern, and functional.
Provide loans, grants, and guarantees to counties for eligible projects.
Encourage counties to invest their own funds in courthouse improvement while supplementing with state assistance.
The Authority operates under statutory powers given in W. Va. Code §29-26-1 et seq., which sets out its membership, governance, and responsibilities.
2. Structure of the Rules (Agency 203)
Agency 203 is divided into two main series:
Series 203-01 — Courthouse Facilities Improvement Authority Rules
§203-1-1: General
Establishes the CFIA’s authority.
Defines its purpose, scope, and statutory basis.
§203-1-2: Definitions
Key definitions include:
Fund – the Courthouse Facilities Improvement Fund, which finances projects.
Project – any construction, renovation, or repair work on a courthouse facility.
§203-1-3: Projects
Covers how projects are proposed, reviewed, and approved:
Application Process: Counties must submit a completed application to be eligible.
Review Period: The Authority reviews applications within 90 days.
Approval Standards: Projects are approved if eligible, necessary, and a prudent use of funds.
Denials: Written reasons must be provided if a project is denied.
Alternative Funding: Counties may propose alternate funding sources if needed.
§203-1-4: Fund Administration
This section explains how the Fund is managed:
Sources of Funds: State appropriations, grants, gifts, loan repayments, or interest earned.
Use of Funds: Grants and loans for approved courthouse projects and administrative costs.
Grant Limits:
Grants cannot exceed 25% of total available funds.
Individual project grants cannot exceed 80% of the project cost.
Repayment Rules: Counties may be required to repay grants if the property is sold.
Emergency Grants: The Authority may award emergency funding at its discretion.
3. Policy Behind the Rules
The rules are designed to:
Promote county courthouse modernization.
Ensure fair and consistent funding decisions.
Protect state resources by requiring counties to share in project costs.
Maintain transparent procedures for review, approval, and denial of projects.
4. Legal Context & Case Law
While there are no reported appellate cases specifically interpreting Agency 203, the general principles of West Virginia administrative law apply to CFIA decisions. Key principles include:
Statutory Authority: The CFIA must act within the powers granted by law. A county could challenge an action if the CFIA exceeds its statutory authority.
Evidence-Based Decision: The Authority’s decision must be supported by evidence. Arbitrary or capricious decisions can be overturned.
Procedural Requirements: CFIA must follow its own rules for applications, approvals, and notifications. Failure to follow these procedures may be challenged in court.
Example Analogous Case:
In West Virginia, courts have held that state agencies cannot act beyond their statutory authority. For instance, in a case involving the West Virginia Water Development Authority, a circuit court reviewed whether an agency’s grant decision violated the law. The court emphasized:
Agencies must follow their governing statutes strictly.
Funding decisions must not be arbitrary or discriminatory.
Written reasoning is required for denial of applications.
This illustrates the principle that CFIA decisions could similarly be challenged under West Virginia administrative law if the county believes the decision is unfair or unlawful.
5. Practical Example
County Example:
County X applies to CFIA for a new roof on its courthouse.
CFIA receives the application and reviews it within 90 days.
CFIA approves the project with a loan covering 60% of costs; County X provides the remaining 40%.
If CFIA had denied the project, it would provide written reasons. County X could then request reconsideration or seek judicial review under administrative law.
6. Key Takeaways
Agency 203 establishes CFIA to fund courthouse improvement projects.
Project eligibility, funding limits, and procedures are clearly defined.
Counties are expected to share in project costs to ensure prudent use of state funds.
Decisions are reviewable under West Virginia administrative law, even though no specific CFIA appellate case exists.
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