(a) The Rural Rehabilitation Loan Program is an important tool for the Department of Agriculture to promote investment in the agricultural industry in the state. Rules are needed for the loan program to remain viable.
(b) The commissioner shall propose emergency and legislative rules for approval in accordance with 29A-3-1 et seq. of this code. The rules shall, at a minimum:
(1) Establish minimum requirements and qualifications for the loan committee, including the addition of public members who have agricultural or business loan experience;
(2) Prohibit department employees and loan committee members, and their immediate family members, from receiving program loans;
(3) Establish minimum financial requirements for receiving a program loan;
(4) Require loans to be used for agricultural or related purposes;
(5) Require collateral sufficient to secure the loan;
(6) Establish policies for the application, applicable interest rates, delinquencies, refinancing, collection proceedings, collateral requirements, and other aspects of the loan program;
(7) Require the department to advertise the loan program to the public, including information on the departments website and in the departments market bulletin; and
(8) Transfer the servicing of the program loans to a financial institution via competitive bid or to the State Treasurers office or other governmental entity.
(c) The commissioner shall not be required to utilize the services of the state agency for surplus property for the disposition of items purchased by participants in the loan program and subsequently repossessed by the committee to be sold in order to satisfy the balance of an outstanding loan.
Structure West Virginia Code
Article 1. Department of Agriculture
§19-1-1. Department of Agriculture
§19-1-2. Commissioner of Agriculture
§19-1-3a. Marketing and Economic Development Duties
§19-1-3b. Background Checks as Condition of Employment
§19-1-4. Duties of Commissioner
§19-1-4a. Commissioner Authorized to Accept Gifts, etc., and Enter Into Cooperative Agreements
§19-1-4b. Authority of Commissioner to Increase Certain Fees by Rules or Regulations
§19-1-4c. Agriculture Fees Fund
§19-1-4d. Farmland Preservation Fees Fund
§19-1-4e. Department of Agriculture Capital Improvements Fund
§19-1-5. Cooperative Statistical Work
§19-1-6. Duty of Assessor to Gather Statistics
§19-1-7. Shared Animal Ownership Agreement to Consume Raw Milk
§19-1-8. Penalty for Failure of Assessor to Perform Duties
§19-1-9. Agriculture Advisory Board
§19-1-10. Requirement for Social Security Number on Applications
§19-1-11. Rural Rehabilitation Loan Program
§19-1-12. Veterans and Heroes to Agriculture Program and Fund