W. Va. Code R. § 82-1-7 - Process for Monitoring and Decertification of Certified Local Governments

7.1. Performance review of certified local government by SHPO. The SHPO will review the Commission's annual report to ensure that the performance of the local government is consistent with the State Historic Preservation Plan. If the SHPO determines that the performance of a certified local government is not in conformance with the certification agreement and the State Historic Preservation Plan, the SHPO shall document that determination and recommend to the certified local government steps which may be taken to improve their performance. The SHPO shall provide advice and assistance when CLG performance is inadequate. The Historic Preservation Officer shall also review the administration of funds allocated from the Historic Preservation Fund. The SHPO shall permanently maintain written records for all SHPO evaluations of CLGs which will be available to the Secretary at any time.

7.2. Timetable for CLG improvement. The certified local government shall have no less than thirty (30) days nor more than one hundred twenty (120) days to implement improvements acceptable to the State Historic Preservation Officer.

7.3. Revocation of certification. If the State Historic Preservation Officer determines that the CLG does not meet the minimum qualifications as stated in subsection 4.2, the State Historic Preservation Officer shall recommend the revocation of the certification of the certified local government to the Secretary citing specific reasons for the recommendation. If the local government is decertified, the SHPO will terminate any financial assistance and will conduct a close-out review of any funds received from the SHPO by the CLG.

7.4. Final approval for CLG decertification. SHPO recommendation(s) for CLG decertification shall be approved and final if the Secretary does not object within thirty (30) days of receipt of SHPO recommendations for decertification.

Notes

W. Va. Code R. § 82-1-7