reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 18B. Higher Education › Article 3F. Reorganization of Community and Technical Colleges › §18B-3F-2. Definitions

(a) General. – For the purposes of this article, terms have the meaning ascribed to them in section two, article one of this chapter, unless the context in which the term is used clearly requires a different meaning or a specific definition is provided in this section.
(b) Definitions. –
(1) "Administrative planning committee" or "planning committee" means the advisory group established pursuant to section seven of this article to advise the governing board of the reorganized multicampus community and technical college and to serve as liaison to the council.
(2) "Affected institution" means a community and technical college which is included in a reorganization.
(3) "Chancellor" means the chief executive officer of the council appointed pursuant to section three, article two-b of this chapter.
(4) "Consolidated institution" means a community and technical college formed by joining together one or more institutions to create a new multicampus college or integrating two or more institutions into an existing institution to form one multicampus college. An institution that is included in a consolidation or integrated into an existing institution ceases to exist as an independent institution of higher education.
(5) "Institution" means any community and technical college under the jurisdiction of the council.
(6) "Multicampus institution" means a college that has more than one campus as defined and approved by the Higher Learning Commission of the North Central Association of Schools and Colleges. In the case of the consolidation of Bridgemont Community and Technical College and Kanawha Valley Community and Technical College, "multicampus institution" means the consolidated institution comprised of existing campuses in Montgomery and South Charleston and any other campuses that may be established in the future, in accordance with the Higher Learning Commission standards of accreditation.
(7) "Institutional reorganization" or "reorganization" means the process of combining institutions to form a consolidated community and technical college or integrating one institution into another.
(8) "Strategic reorganization plan" or "plan" means the document developed in accordance with section eight of this article consisting of strategies, procedures and guidelines to be used in implementing an institutional reorganization.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 3F. Reorganization of Community and Technical Colleges › §18B-3F-4. Powers and Duties of Board of Governors

(a) The actions of the board of governors appointed pursuant to section three of this article are subject to the terms and conditions prescribed in article two-a of this chapter. The board has all the powers and duties provided in section four, article two-a of this chapter.
(b) The programs of the consolidated institution are operated under the rules and procedures of the institution's board of governors, which, initially, shall adopt rules from one or both of the affected institutions until the time when new or revised rules are proposed and approved pursuant to section six, article one of this chapter.
(1) The administrative planning committee shall make recommendations to the board of governors regarding which of the rules of the affected institutions should be adopted.
(2) Nothing in this section requires the initial rules of the board of governors to be promulgated again under the rule adopted by the Council for Community and Technical College Education pursuant to section six, article one of this chapter unless the rules are rescinded, revised, amended or otherwise altered.
(c) It is the duty of the board of governors of the consolidated institution to adopt rules and procedures that authorize, support and encourage the consolidated institution to fulfill its core mission. It is further the specific duty of the board of governors to facilitate delivery of a comprehensive program of community and technical college education in all the counties that are served by the multicampus consolidated institution. To that end, the board shall expend from the appropriations allocated to the affected institutions such funds as are necessary or expedient to operate and conduct programs, to acquire clear title to any real property and to make necessary capital improvements.
(d) In addition to the powers and duties set forth in this section and in article two-a of this chapter, the board of governors shall perform the following duties:
(1) Choose a name for the consolidated multicampus institution from the recommendations submitted by the administrative planning committee pursuant to section seven of this article.
(2) Choose the president of one of the affected institutions to serve as president of the consolidated institution pursuant to section five of this article;
(3) Determine which positions of the affected institutions are to be abolished and notify employees as required by section nine of this article; and
(4) Serve as the designated board of advisors for the Advantage Valley Advanced Technology Center created by section fourteen, article three-c of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 3F. Reorganization of Community and Technical Colleges › §18B-3F-5. Appointment of Institutional President; Other Officers

(a) The board of governors shall designate the president of one of the affected institutions to serve as president of the consolidated multicampus institution. The other president shall serve as provost or chief executive officer of his or her respective campus. The salary and benefits of an individual who is serving as an institutional president at the time of a reorganization may not be reduced solely as a result of the reorganization. Provosts and chief executive officers report directly to the president of the consolidated institution.
(b) After the initial contract period ends or at the expiration of a president's current contract, the board of governors of the consolidated multicampus institution shall appoint and evaluate the president in accordance with section six, article one-b of this chapter.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 3F. Reorganization of Community and Technical Colleges › §18B-3F-6. Budget; Transfer of Financial Assets, Property, Liability, Orders, Policies, Procedures, etc.

When a consolidated institution is formed:
(1) The operating budget of each affected institution is integrated under the authority and jurisdiction of the board of governors of the consolidated institution.
(2) All financial assets, including state fund balances, and liabilities are transferred from the authority of the board of governors of each affected institution to the authority of the board of governors of the consolidated institution.
(3) Any capital debt service payment formerly the responsibility of an affected institution or the affected institution's share of any capital debt service payment of its former sponsoring institution continues in the required amount and is the responsibility of the board of governors of the consolidated institution.
(4) The titles to all real property, facilities and equipment of, as well as each valid agreement and obligation undertaken by, the affected institutions are transferred to the board of governors of the consolidated institution, which shall exercise general determination, control, supervision and management of the financial, business and education policies and affairs of the consolidated multicampus institution.
(5) The title to all property purchased for the use of an affected institution is vested in the board of governors of the consolidated multicampus institution.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 3F. Reorganization of Community and Technical Colleges › §18B-3F-7. Administrative Planning Committee; Purpose; Membership; Duties; Termination

(a) On the effective date of this article, or as soon thereafter as practicable, the council shall establish an administrative planning committee to advise in the reorganization of Bridgemont and Kanawha Valley Community and Technical Colleges.
(b) Membership. – The administrative planning committee consists of the following members:
(1) The president of each affected institution;
(2) The chair of the board of governors of each affected institution;
(3) The chair of the council;
(4) The vice chancellor for administration, appointed pursuant to section two, article four of this chapter, or a designee; and
(5) The chancellor, who chairs the planning committee.
(c) The administrative planning committee serves in an advisory capacity to the board of governors in developing the strategic reorganization plan and serves as liaison to the council during the reorganization period.
(d) The administrative planning committee shall submit to the board of governors a list of at least three names from which the board shall choose a name for the consolidated, multicampus community and technical college at their first meeting as soon after June 30, 2013, as feasible.
(e) The planning committee shall report to the council at least quarterly, or more often if requested, on development of the strategic reorganization plan and the progress of the board of governors in implementing the reorganization.
(f) The administrative planning committee is created specifically to assist in the reorganization of Bridgemont and Kanawha Valley Community and Technical Colleges and ceases to exist on July 1, 2014, or on the date when the council determines the reorganization has been completed, whichever occurs first.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 3F. Reorganization of Community and Technical Colleges › §18B-3F-8. Strategic Reorganization Plan

(a) The board of governors, with the advice of the administrative planning committee, shall develop a strategic reorganization plan for Bridgemont and Kanawha Valley Community and Technical Colleges, including all campuses and instruction sites of each institution. The board of governors shall develop, implement and complete the reorganization by July 1, 2014.
(b) The reorganization plan includes, but is not limited to, the following elements:
(1) A timeline showing specific steps for completing the reorganization by July 1, 2014;
(2) A procedure to assure that all employees of the affected institutions are notified of their employment status pursuant to section nine of this article;
(3) A statement of assurance showing specific steps to be taken to safeguard the rights, privileges and benefits of faculty, classified employees and nonclassified employees of the affected institutions including provisions for fulfilling contracts and protecting earned benefits;
(4) A description of the instructional benefits expected from the reorganization including a detailed explanation of enhancements to academic program offerings, workforce development programs for employers and services to students;
(5) A description of the fiscal benefits expected from the reorganization including a detailed explanation of management efficiencies, enhanced leadership skills, better coordination of instruction and student support services and efficiencies in expenditures per full-time equivalent student;
(6) A statement of assurance that student access to high- quality education programming will be enhanced and/or maintained; and
(7) A strategy to secure regional accreditation of the reorganized institution by July 1, 2014.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 3F. Reorganization of Community and Technical Colleges › §18B-3F-9. Rights and Benefits of Employees of Affected Institutions; Positions to Be Abolished; Notice of Employment Status by Certain Date Required

(a) When a consolidated institution is formed, the faculty, classified employees and nonclassified employees of the affected institutions become the faculty, classified employees and nonclassified employees of the consolidated institution, subject to the provisions of this article.
(b) By December 31, 2013, the board of governors of the consolidated institution, in consultation with the president, shall determine which, if any, positions existing at the affected institutions on the effective date of this article are to be abolished.
(1) In the case of positions which the board chooses to retain, but which exist at both affected institutions, when there is an overlap of duties and responsibilities of employees who occupy those positions, the board of governors, in consultation with the president, shall determine which position or positions shall be abolished.
(2) A classified employee who holds a position scheduled to be abolished is afforded all rights and benefits provided by this article and by section three, article seven of this chapter.
(c) Official notification to employees. –
(1) The president shall provide official notice of employment status to each classified employee, faculty member and nonclassified employee of the affected institutions not later than thirty days after the board's decision. For an employee whose position is to be abolished, the official notice shall specify his or her date of termination. The termination date shall be within three to six months following the date of official notification.
(2) Any person who was employed full time by an affected institution on the effective date of this article and whose employment continues in any capacity with the board of governors of the consolidated institution is considered to have no break in service for calculation of years of service, seniority, participation in health and retirement plans or continued employment by the state.
(3) The board of governors, created pursuant to this article, is an organization as defined in section two, article nine-a of this chapter and is subject to all the terms and conditions that apply to higher education organizations as provided in this chapter and chapter eighteen-c of this code. Specifically, the board is subject to section three, article seven of this chapter when making reductions in force of classified employees.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-1. Employment of Chancellors; Designation of Staff; Offices

(a) The council and commission each shall employ a chancellor to assist in the performance of their respective duties and responsibilities subject to the following conditions:
(1) Each chancellor serves at the will and pleasure of the hiring body.
(2) Neither chancellor may hold or retain any other administrative position within the system of higher education while employed as chancellor.
(3) Each chancellor shall carry out the directives of the body by whom employed and shall collaborate with that body in developing policy options.
(4) The commission is responsible to the council and the Chancellor for Community and Technical College Education for providing services in areas essential to exercising the powers and duties assigned to the council by law. The commission may not charge the council any fee for the provision of these essential services. The service areas include, but are not limited to, legal services, research, technology, computing, finance and facilities, academic affairs, telecommunications, human resources, student services and any other general areas the council considers to be essential to the exercise of its legal authority. The services are provided under the general supervision of the Vice Chancellor for Administration.
(5) For the purpose of developing or evaluating policy options, the chancellors may request the assistance of the presidents and staff employed by the governing boards under their respective jurisdictions.
(b) In addition to the staff positions designated in subdivision (4), subsection (a) of this section, and section five, article one-b of this chapter, the Vice Chancellor for Administration, employed pursuant to section two of this article, serves the offices of the chancellors to discharge jointly the duties and responsibilities of the council and commission.
(c) Suitable offices for the Vice Chancellor of Administration and other staff shall be provided in Kanawha County.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-2a. Development of Benefit Programs; Assistance to Organizations

The chancellor or a qualified designee shall:
(1) Chair the Job Classification Committee and the Compensation Planning and Review Committee established by sections four and five, article nine-a of this chapter;
(2) Assume responsibility for coordinating retirement benefits programs for all employees, including designing these programs, and for supporting each higher education organization in implementing the programs;
(3) Assist, as requested by an organization, organizations with classification and/or compensation programs for faculty and/or nonclassified employees, including, as appropriate, design and implementation of the programs; and
(4) As requested by organizations, assist with carrying out the following duties related to training and development:
(A) Analyzing and determining training needs of organization employees and formulating and developing plans, procedures and programs to meet specific training needs and problems.
(B) Developing, constructing, maintaining and revising training manuals and training aids or supervising development of these materials by outside suppliers;
(C) Planning, conducting and coordinating management inventories, appraisals, placement, counseling and training;
(D) Coordinating participation by all employees in training programs developed internally or provided by outside contractors; and
(E) Administering and analyzing annual training and development needs surveys. The survey may coincide with the completion of the annual performance review process.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-3. Authority to Participate in Reciprocal Regional and Interstate Higher Educational Agreements

In order to provide higher educational opportunities at minimum cost to students and the state, the governing boards, on behalf of the State of West Virginia, are authorized and empowered to participate in the Southern Regional Education Board interstate agreement, namely the Academic Common Market, and in such other regional and interstate agreements determined to be mutually beneficial to the citizens of the participating states and which provide an opportunity for qualified nonresident students to enroll in selected programs and curricula on a resident tuition and fee charge basis. Each governing board is specifically authorized to waive the collection of nonresident tuition and fee charges for students from other states enrolled in programs and curricula under the jurisdiction of and approved by the governing board as a part of a regional or interstate agreement.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-4. State Agency for Participation in Federal and Private Grants to Higher Education; Related Powers and Duties

The governing boards, on behalf of the State of West Virginia, are authorized and empowered to apply for, to accept and administer and expend for the purpose or purposes designated, any funds which now are, or may be made, available to the governing boards or to any institution under their jurisdiction from federal or private grants, appropriations, allocations and programs.
The governing boards have the power:
(1) To receive and disburse funds appropriated by the federal government for the construction, equipment, and improvement of academic facilities of institutions of higher education as required by the federal Higher Education Facilities Act of 1963, and any and all subsequent acts of Congress relating to the same subject;
(2) To apply for, receive, and administer, subject to any applicable regulations or laws of the federal government or any agency thereof, any federal grants, appropriations, allocations, and programs for the development of academic facilities on behalf of the State of West Virginia, or any institution of higher education, public or private, within the state;
(3) To develop, alter, amend, and submit to the federal government state plans for participation in federal grants, appropriations, allocations, and programs for the development of academic facilities and to formulate rules, criteria, methods, forms, procedures, and to do all other things which may be necessary to make possible the participation of the state in such federal grants, appropriations, allocations, and programs for the development of academic facilities;
(4) To hold hearings, and render decisions as to the priority assigned to any project, or as to any other matter or determination affecting any applicant for federal grants, appropriations, allocations and programs for the development of academic facilities;
(5) To hire personnel, purchase materials, make studies and reports, enter into contracts, and do all other things necessary to accomplish the duties as set forth in this section within the limits of the funds available.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-5a. Crimes Committed on Campus of Institutions of Higher Education

(a) The president or a designee of each state institution of higher education shall on a regular and timely basis provide information to the public concerning alleged crimes occurring on the institution's property which have been reported to a campus police officer or any other officer of the institution.
(1) A crime is considered reported when:
(A) A campus police officer or other officer of the institution determines that the report is credible;
(B) The report is submitted in writing and attested to by the victim on forms at the institution for such purpose; or
(C) The institution is notified by a law-enforcement agency of the reporting of a crime alleged to have occurred on the institution's property.
(2) Such reports are referred within twenty-four hours to the appropriate law-enforcement agencies, as defined in section one, article twenty-nine, chapter thirty of this code, for further investigation.
(b) For the state institutions of higher education under the jurisdiction of the Governing Board of Marshall University and for the state institution of higher education known as West Virginia University only, the campus police shall investigate a crime within their respective jurisdictions for up to thirty days if the county prosecuting attorney does not reassign the case to another agency sooner.
(c) The information required to be made available to the public regarding the crime report shall be available within ten days of the report. The information shall include the nature of the criminal offense, the date of the offense, the general location of the offense (such as a designation of a specific building or area of the campus) and the time of day when the offense occurred.
(1) This subsection does not require the release of any information which may disclose the identity of the victim.
(2) The institution shall withhold the information required to be made available to the public for a longer period upon certification of investigative need that the information be withheld from the public.
(A) The certification shall be filed by an officer of one of the investigating law-enforcement agencies with the president of the institution or the designee to whom the duties required by this section have been delegated.
(B) The required information may not be withheld after an arrest has been made in connection with the crime report.
(d) For purposes of this section, "crime" is defined as those offenses required to be reported under the federal Crime Awareness and Campus Security Act of 1990, as amended. "Crime" includes murder, rape, robbery, aggravated assault, burglary, motor vehicle theft and arrests for liquor, drug or weapons laws violations.
(e) The Council and Commission shall provide crime reporting forms to institutions under their respective jurisdictions and promulgate a rule pursuant to the provisions of article three-a, chapter twenty-nine-a of this code as necessary to implement this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-7a. Choice of Accreditors

(a) The Legislature finds and declares that:
(1) The United States Department of Education promulgated new regulations on November 1, 2019, that revise the criteria used by the department to recognize accrediting agencies to allow competition (84 Fed. Reg. 58834);
(2) The council, commission, and governing boards of the exempted schools must take advantage of the new regulations in order to improve education quality through competition among accreditors by amending their own regulations;
(3) Regulatory references to accreditation involving the North Central Association are out of date because it was dissolved in 2014; and
(4) Seventeen accreditors are currently recognized by the United States Department of Education (seven traditionally "regional" accreditors and 10 traditionally "national" accreditors).
(b) Competition.
(1) By December 31, 2023, the council, commission, and governing boards of the exempted schools must amend their regulations regarding accreditation to ensure that every postsecondary institution in the state may freely choose to pursue accreditation by any accreditor recognized by the United States Department of Education for the kinds of programs offered by the institution; and
(2) To the extent that such regulations imply or state that institutions default to, or normally would, should, or must be accredited by the Higher Learning Commission and/or the now-defunct North Central Association, such regulations are incorrect and must be amended.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-8. West Virginia Anatomical Board; Powers and Duties Relating to Anatomical Gifts; Requisition of Bodies; Autopsies; Transportation of Bodies; Expenses of Preservation

(a) The West Virginia Anatomical Board, previously created herein, is hereby reestablished under the authority of the Higher Education Policy Commission and shall consist of the following four members, or their designee:
(1) The Dean of the Marshall University School of Medicine;
(2) The Dean of the West Virginia University School of Medicine;
(3) The Dean of the West Virginia University School of Dentistry; and
(4) The Dean of the West Virginia School of Osteopathic Medicine.
(b) For purposes of this section:
(1) “Board” means the West Virginia Anatomical Board; and
(2) “Commission” means the West Virginia Higher Education Policy Commission.
(c) The responsibilities of the board shall include:
(1) Making requisition for, receiving and making disposition of dead human bodies for the scientific and educational uses and purposes of higher education institutions within the state and elsewhere; and
(2) Keeping a full and complete record of its transactions, showing, among other things, every dead human body coming under its authority, giving name, sex, age, date of death, place from which received and when and from whom received, which record shall be open at all times for the inspection of the Attorney General and any prosecuting attorney in the state.
(d) The commission may promulgate legislative rules pursuant to article three-a, chapter twenty-nine-a of this code in order to effectuate the provisions of this section.
(e) Members of the board shall not be entitled to, or receive, any compensation for services rendered in their capacity as members of the board.
(f) The board shall operate in compliance with the Revised Anatomical Gift Act under article nineteen, chapter sixteen of this code.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 4. General Administration › §18B-4-10. Course Completion for Students Called to Military Duty; Rule Required

(a) As used in this section, "called to military duty" means called or ordered to state or federal active service, inactive-duty training or annual training in any active duty or reserve component of the Armed Forces of the United States or of the National Guard of this state or any other state.
(b) In accordance with the provisions of article three-a, chapter twenty-nine-a of this code, the commission and council jointly shall propose and implement a rule providing for uniform course completion for students who are enrolled at the state institutions of higher education under their respective jurisdictions when those students are called to military duty.
(1) The rule shall be as uniform among the institutions as is practicable and shall take into consideration the unique conditions or circumstances of each institution.
(2) The intent of the rule is to ensure that enrolled students who are called to military duty are afforded a fair and efficient procedure of withdrawing from classes, completing course work or securing a leave of absence from course attendance, when feasible. The rule also shall provide for maintaining the academic integrity of the course work in a manner that is reasonably accommodating to the student under the circumstances.
(3) The commission and council shall consider and include the following elements when developing the rule:
(A) Discipline appropriate options which allow a student to withdraw from courses without penalty; earn credit for work completed in a course; receive an incomplete grade and make up the course work at a later time; or secure a leave of absence from course attendance;
(B) For students who withdraw from classes during an academic term and who do not receive full credit for completing classes in which they are enrolled, provision for obtaining a full or partial refund of tuition, fees and room and board fees paid to the institution; and
(C) Other measures as the commission and council consider necessary or effective to support, accommodate and encourage the students to continue and successfully complete their education programs.
(c) The rule required by this section is superceded by and may not conflict in any way with the following provisions:
(1) Educational leave of absence for active duty National Guard or other reserve components of the Armed Forces as set forth in section one-a, article one-f, chapter fifteen of this code for students who are subject to these provisions; and
(2) Applicable federal laws, rules or regulations.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 5. Higher Education Budgets and Expenditures › §18B-5-3. Authority to Contract for Programs, Services and Facilities

(a) The governing boards, the commission, and the council are authorized and empowered to enter into contracts and expend funds for programs, services and facilities provided by public and private education institutions, associations, boards, agencies, consortia, corporations, partnerships, individuals and local, state and federal governmental bodies within and outside of West Virginia in order that maximum higher education opportunities of high quality may be provided to the citizens of the state in the most economical manner. In no event may a contract for such services and facilities be entered into unless the commission, the council, or the governing boards have determined that such services and facilities are necessary and would be at a savings to the state.
(b) When a governing board, the commission, or the council determines that a contract for financial services is necessary and proper, it may enter into such a contract with an affiliated nonprofit corporation under such financial terms as the governing board, commission, or council determines are reasonable and proper in the sound administration of their financial responsibilities to the state. In so doing, the affiliated nonprofit corporation shall be deemed a sole source in respect to any applicable law or regulation relating to expenditures of public funds.
(c) As used in this section, "affiliated nonprofit corporation" means a West Virginia nonprofit, nonstock corporation which:
(1) Is organized as for charitable, educational, and scientific purposes, or for similar purposes;
(2) Is recognized by the Internal Revenue Service as a Section 501(c)3, or successor provision of federal law, tax-exempt organization;
(3) Is organized solely to support and contribute to the respective institution of higher education, or to the commission, or to the council, as applicable; and
(4) Has annually independently audited financial statements, which have been included and presented, for at least the preceding five fiscal years, in the audited financial statements of the respective governing board, or of the respective institution of higher education under the authority of a governing board, or of the commission or council.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 5. Higher Education Budgets and Expenditures › §18B-5-4a. Construction Projects

Notwithstanding any other provision of this code to the contrary, and specifically section one, article twenty-two, chapter five of this code, a state institution of higher education is not required to solicit competitive bids or require a valid bid bond or other surety for any construction project unless the value exceeds $100,000 in total cost.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 5. Higher Education Budgets and Expenditures › §18B-5-5. Prequalification Disclosure by Vendors; Register of Vendors; Exceptions; Suspension of Vendors

(a) Every person, firm or corporation selling or offering to sell to the commission or the governing boards, upon competitive bids or otherwise, any materials, equipment, services or supplies in excess of $25,000:
(1) Shall comply with the provisions of section twelve, article three, chapter five-a of this code;
(2) Shall file with the director of the Purchasing Division of the State of West Virginia the affidavit required herein; and (3) If presently in compliance with said section may not be required to requalify thereunder to be able to transact business with the commission or the governing boards.
(b) Any person, firm or corporation failing or refusing to comply with said statute as herein required shall be ineligible to sell or offer to sell materials, supplies, equipment, services or printing to the commission or the governing boards as hereinafter set forth. Any person suspended under the provisions of section thirty-two, article three, chapter five-a of this code is not eligible to sell or offer to sell materials, supplies, equipment, services or printing to the commission or the governing boards. The commission or the governing boards may suspend, for a period not to exceed one year, the right and privilege of a person to bid on purchases of the commission or the governing boards when there is reason to believe that such person has violated any of the provisions in sections four through seven of this article or the rules of the governing boards pursuant thereto. Any person whose right to bid has been so suspended shall be notified thereof by a letter posted by registered mail containing the reason for the suspension and has the right to have the action of the commission or the governing board, as applicable, reviewed in accordance with section thirty-three, article three, chapter five-a of this code. A vendor who has been debarred pursuant to the provisions of sections thirty-three-a through thirty-three-f, article three, chapter five-a of this code, may not bid on or be awarded a contract under this section.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 5. Higher Education Budgets and Expenditures › §18B-5-7. Disposition of Obsolete and Unusable Equipment, Surplus Supplies and Other Unneeded Materials

(a) The commission, the council and the governing boards shall dispose of obsolete and unusable equipment, surplus supplies and other unneeded materials, either by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise. The commission, the council and each governing board shall adopt rules governing and controlling the disposition of all such equipment, supplies and materials. The rules shall provide for disposition of the equipment, supplies and materials as sound business practices warrant under existing circumstances and conditions and for adequate prior notice to the public of the disposition.
(b) The commission, council or governing board, as appropriate, shall report biannually to the Legislative Auditor all sales of commodities made during the preceding biennium. The report shall include a description of the commodities sold, the name of the buyer to whom each commodity was sold, the price paid by the buyer.
(c) The proceeds of sales or transfers shall be deposited in the state treasury to the credit on a pro rata basis of the fund or funds from which the purchase of the particular commodities or expendable commodities was made. The commission, council or governing board, as appropriate, may charge and assess fees reasonably related to the costs of care and handling with respect to the transfer, warehousing, sale and distribution of state property that is disposed of or sold pursuant to the provisions of this section.
(d) Notwithstanding the provisions of this section, the commission, council or a governing board may donate equipment, supplies and materials with the approval of the commission, council or governing board or their designee, as appropriate to any not for profit entity to promote public welfare.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 5. Higher Education Budgets and Expenditures › §18B-5-11. Energy and Water Savings Revolving Loan Program Fund

(a) There is created in the state Treasury a special revolving loan fund known as the "Energy and Water Savings Revolving Loan Fund". The fund is administered by the commission and used to effectuate the purposes of this section. The fund consists of moneys received from the following sources:
(1) All appropriations provided by the Legislature for energy and water savings revolving loans;
(2) Repayment of loans made to state institutions of higher education pursuant to this section;
(3) Any moneys available from external sources; and
(4) All interest and other income earned from investment of moneys in the fund.
(b) The commission shall utilize moneys in the fund to provide loans to state institutions of higher education under the jurisdiction of the commission or the council to finance projects that will achieve significant reductions in campus energy and water consumption and costs.
(c) The commission shall propose a rule for legislative approval in accordance with section six, article one of this chapter and article three-a, chapter twenty-nine-a of this code to implement the provisions of this section. The rule shall provide at least the following:
(1) Project information required in a loan application;
(2) Criteria for evaluating loan applications;
(3) A method for calculating the terms of loan repayment; and
(4) Other provisions the commission considers necessary to administer the program in accordance with this section.
(d) Projects shall be considered on a competitive basis. Highest priority is given to projects guaranteeing the greatest reductions in energy and water consumption and costs and the earliest loan repayments.
(e) Any balance, including accrued interest and any other returns, in the Energy and Water Savings Revolving Loan Fund at the end of each fiscal year shall not expire to the General Revenue Fund, but shall remain in the loan fund and be expended for the purposes provided by this section. The commission may use up to four percent of the total loan amount in a fiscal year for administrative expenses incurred in that fiscal year.
(f) Fund balances may be invested with the state's consolidated investment fund. Any earnings on the investments shall be used solely for the purpose defined in subsection (b) of this section.
(g) The Legislature finds that an emergency exists and, therefore, the commission shall propose an emergency rule to implement the provisions of this section in accordance with section six, article one of this chapter and article three-a, chapter twenty-nine-a of this code by October 1, 2008. The emergency rule may not be implemented without prior approval of the Legislative Oversight Commission on Education Accountability.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 6. Advisory Councils › §18B-6-3. Institutional Faculty Senate

(a) Effective July 1, 2004, a faculty Senate is established at each institution of higher education, except for those institutions which choose to establish a faculty assembly. In the latter case, all faculty participate in the faculty assembly and the requirements of subsections (b) and (c) of this section do not apply. Members and officers of an organized, campus-level advisory group of faculty who are serving prior to the effective date of this section may continue to serve with all the rights, privileges and responsibilities prescribed herein until the time that members elected as set forth in subsection (b) of this section assume office.
(b) Members of each faculty Senate are elected as follows:
(1) During the month of April of each even-numbered year, each president of a state institution of higher education, at the direction of the faculty and in accordance with procedures established by the faculty, shall convene a meeting or otherwise institute a balloting process to elect the members of the faculty Senates, except that for 2004 only, the election shall take place in July.
(2) Selection procedures shall provide for appropriate representation of all academic units within the institution.
(3) The faculty member who is elected to serve on the faculty council is an ex officio, voting member of the faculty Senate and reports to the faculty Senate on meetings of the faculty council and the board of Governors.
(c) Members serve a term of two years, which term begins on July 1, of each even-numbered year, except for the year 2004 when terms begin upon election. Members of the faculty Senate are eligible to succeed themselves.
(d) Each faculty Senate shall elect a chairperson from among its members. The chairperson serves a term of two years, and may serve no more than two consecutive terms as chairperson.
(e) The faculty Senate meets quarterly and may meet at such other times as called by the chairperson or by a majority of the members. With appropriate notification to the president of the institution, the chairperson may convene a faculty Senate meeting for the purpose of sharing information and discussing issues affecting faculty and the effective and efficient management of the institution.
(f) The president of the institution shall meet at least quarterly with the faculty Senate to discuss matters affecting faculty and the effective and efficient management of the institution.
(g) The governing board of the institution shall meet at least annually with the faculty Senate to discuss matters affecting faculty and the effective and efficient management of the institution.
2023 West Virginia Code › Chapter 18B. Higher Education › Article 6. Advisory Councils › §18B-6-4. State Advisory Council of Students

(a) There is continued the state advisory council of students.
(b) During the month of April of each year, each student government organization at each institution of higher education shall elect a student to serve on the student advisory council. Terms of the members of the student advisory council are for one year and begin on September 1, of each year. A duly elected member currently serving on the advisory council of students may continue to serve until a new member from that institution is elected pursuant to the provisions of this section. Members of the student advisory council are eligible to succeed themselves.
(c) The student advisory council shall meet at least once each quarter. One of the quarterly meetings shall be during the month of September, at which meeting the student advisory council shall elect a chairperson. A member may not vote by proxy at the election. In the event of a tie in the last vote taken for the election, a member authorized by the student advisory council shall select the chairperson by lot from the names of those persons tied. Immediately following the election of a chairperson, the student advisory council shall elect, in the manner prescribed by this section for the election of a chairperson, a member of the council to preside over meetings in the absence of the chairperson. If the chairperson vacates the position, the student advisory council shall meet and elect a new chairperson to fill the unexpired term within thirty days following the vacancy.
(d) The student advisory council, through its chairperson and in any appropriate manner, shall communicate to the commission or the council, as appropriate, matters of higher education in which the student members have an interest.
(e) At the request of the chairperson of the student advisory council, the commission and council each shall meet annually, between the months of October and December, with the student advisory council to discuss matters of higher education in which the student members or the commission or council have an interest.
(f) Members of the student advisory council serve without compensation, but are entitled to reimbursement for actual and necessary expenses, including travel expenses, incurred in the performance of their official duties. Expenses are paid from funds allocated to the state institution of higher education in which the student is enrolled.
(g) The student advisory council shall prepare minutes of its meetings. The minutes shall be available, upon request, to any student of a state institution of higher education represented on the council.