reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 39 - Oil And Gas Conservation Commission › Title 39 - LEGISLATIVE RULE WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION › Series 39-01 - Rules of the Commission › Section 39-1-5 - Secondary Recovery Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Waterflooding and other recovery operation.
5.1.1. Applications for secondary or
				additional recovery operations, whether by waterflooding or repressuring or
				pressure maintenance operations, for a pool productive of oil shall contain:
5.1.1.a. A plat drawn to a scale of 1 inch
				equal to 2,000 feet showing the area involved, together with the well or wells,
				including shallow wells and dry and abandoned wells located thereon, all of
				which shall be properly designated;
5.1.1.b. The name, description and depth of
				the formations to be affected;
5.1.1.c. The log of any injection well or
				such similar information as is available;
5.1.1.d. A description of any injection
				well's casing or the proposed casing program and the proposed method for
				testing casing before use in any injection well;
5.1.1.e. A statement as to the type of fluid
				to be used for injection, its source and the estimated amounts to be injected
				daily;
5.1.1.f. A full description
				of the particular operation for which approval is requested, including the
				additional oil recovery anticipated and the economic feasibility of the
				project;
5.1.1.g. A copy of the
				unit agreement showing the approval of the plan and its terms of operation by
				the operators of approximately three fourths (3/4) of the acreage (calculating
				partial interests on a pro rata basis for operator interests on any parcel
				owned in common) and the royalty owners of approximately three fourths (3/4) of
				the acreage (calculating partial interests on a pro rata basis for royalty
				interests on any parcel owned in common); and
5.1.1.h. A statement of the designated
				operator for the unit.
West Virginia Code of State Rules › Agency 39 - Oil And Gas Conservation Commission › Title 39 - LEGISLATIVE RULE WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION › Series 39-01 - Rules of the Commission › Section 39-1-6 - Special Field Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any
				operator intending to apply for special field rules, shall, along with the
				application which shall show applicant's name and address and describe the area
				for which a spacing order is requested, send a notice of a prehearing
				conference to the Commission and the operators of any lands directly or
				immediately affected by the proposal. The prehearing notice shall include a
				list of the names and addresses of all operators to whom it was sent, a
				statement that a diligent effort has been made to determine to whom the notice
				must be sent, a statement that opponents to the application must file written
				notice with the Commission within ten (10) days or the conference will not be
				held, and the evidence required in Section 6.2. The Commission shall set a day,
				time and place for the prehearing conference to be not less than twenty (20)
				days following the date of the prehearing notice. If no written opposition to
				the application is received by the Commission within the ten (10) days after
				the date of the prehearing notice, the Commission will advise all persons to
				whom the prehearing notice was sent that a conference will not be held. If any
				operator relates in writing to the Commission opposition to the applicant's
				proposal, within ten (10) days, a conference will be held. Any operator may
				attend and participate in the conference even though he did not request it.
				Opponents to the application shall present evidence, as required of an
				applicant in this section, indicating where there is disagreement with the
				applicant, sufficient to permit all operators to attempt to resolve the
				difference.
6.1.1. The Commission shall assign
				the application a cause number and enter the proceeding along with its date of
				filing on a separate page of the docket. Notice of the docket and the time and
				place of the hearing shall be in accordance with the provisions of the statute.
				Hearing shall be not less than twenty (20) days and not more than forty-five
				(45) days after receipt of the application except under emergency hearing rules
				as defined herein.
6.1.2. Any
				person desiring to protest the granting of the application, shall, at least
				five (5) days prior to the date of the hearing, file a statement of opposition
				and a counter plan with the Commission and all operators of lands directly and
				immediately affected and state briefly the issues.
West Virginia Code of State Rules › Agency 39 - Oil And Gas Conservation Commission › Title 39 - LEGISLATIVE RULE WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION › Series 39-02 - Procedural Rules Of The Commission › Section 39-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- All rules of a general nature are herein promulgated to set forth the rules of practice and procedure in all matters relating to the Oil and Gas Conservation Commission.
1.2. Authority. -- W. Va. Code §22C-9.
1.3. Filing Date. -- April 23, 2003.
1.4. Effective Date. -- May 23, 2003.
West Virginia Code of State Rules › Agency 40 - Oil And Gas Inspector's Examining Board › Title 40 - PROCEDURAL RULE OIL AND GAS INSPECTORS' EXAMINING BOARD › Series 40-01 - Matter pertaining To The Rules And Regulations Dealing with Oil And Gas Inspector's Examining Board › Section 40-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules shall govern and
				apply to proceedings under sections one and two of article seven, chapter
				twenty-two-c and section two, article six of chapter twenty-two of the West
				Virginia Code concerning Oil and Gas Inspectors, their testing and appointment,
				salary and compensation and their removal. They are not applicable to any other
				state employees in or out of the Department of Environmental
				Protection.
1.2. Authority. -- W.
				Va. Code §
									22C-7-3.
1.3. Filing
				Date. -- December 19, 2008.
1.4.
				Effective Date. -- January 18, 2009.
West Virginia Code of State Rules › Agency 40 - Oil And Gas Inspector's Examining Board › Title 40 - PROCEDURAL RULE OIL AND GAS INSPECTORS' EXAMINING BOARD › Series 40-01 - Matter pertaining To The Rules And Regulations Dealing with Oil And Gas Inspector's Examining Board › Section 40-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The terms, "chief, "department",
				"office", and "secretary" have the meanings as set forth in section two,
				article one, chapter twenty-two of the West Virginia Code.
2.2. "Board" means Oil and Gas Inspectors'
				Examining Board created in section three, article seven, chapter twenty-two-c
				of the West Virginia Code.
2.3.
				"Chairman" means the Chairman of the Oil and Gas Inspectors' Examining Board as
				set out in section three, article seven, chapter twenty-two-c of the West
				Virginia Code.
West Virginia Code of State Rules › Agency 40 - Oil And Gas Inspector's Examining Board › Title 40 - PROCEDURAL RULE OIL AND GAS INSPECTORS' EXAMINING BOARD › Series 40-01 - Matter pertaining To The Rules And Regulations Dealing with Oil And Gas Inspector's Examining Board › Section 40-1-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Applicants for examination must complete
				an application form, and such form shall be filed with the Chiefs office six
				(6) weeks prior to the examination date.
3.2. Upon receipt of all applications the
				Board will inform each applicant by first class mail at the address on the
				application form at least two (2) weeks prior to the examination as to whether
				the applicant is eligible to take the examination.
3.3. Examinations will be given on the first
				Thursday in May unless the number of applicants warrants another examination or
				unless there is a need to qualify additional candidates for a depleted
				register.
3.4. Applicants who fail
				to appear at their scheduled examination may appear at the next succeeding
				examination only, and upon missing two (2) consecutive examinations must
				reapply.
3.5. Examination content.
				-- The examination will consist of two parts. The first part is a two (2) hour
				written examination covering the principles and practice of oil and gas
				operations in West Virginia including but not limited to, article six, chapter
				twenty-two of the West Virginia Code and rules promulgated thereunder; and the
				second part is an oral test where members of the Board will interview the
				candidates to determine the candidates' ability to carry out the functions of
				an oil and gas inspector.
3.6.
				Passing grade. -- The passing grade the Board requires for the examination is
				seventy percent (70%).
3.7. Failure
				of examination. -- An applicant who fails the examination may be reexamined in
				accordance with subsection 3.3: Provided, That after three (3) failures the
				applicant has to wait two (2) full years before taking the examination
				again.
3.8. Within two (2) weeks
				after an examination each participant will be notified as to his or her score,
				by first class mail at the address on the application.
3.9. As soon as all tests are graded, the
				Board will certify to the Secretary a register as provided for in section
				three, article seven, chapter twenty-two-c of the West Virginia Code.
West Virginia Code of State Rules › Agency 40 - Oil And Gas Inspector's Examining Board › Title 40 - PROCEDURAL RULE OIL AND GAS INSPECTORS' EXAMINING BOARD › Series 40-01 - Matter pertaining To The Rules And Regulations Dealing with Oil And Gas Inspector's Examining Board › Section 40-1-4 - Compensation for inspectors and supervising inspectors

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board may make its recommendations
				concerning compensation of inspectors to the Secretary pursuant to section two,
				article seven, chapter twenty-two-c of the West Virginia Code.
West Virginia Code of State Rules › Agency 40 - Oil And Gas Inspector's Examining Board › Title 40 - PROCEDURAL RULE OIL AND GAS INSPECTORS' EXAMINING BOARD › Series 40-01 - Matter pertaining To The Rules And Regulations Dealing with Oil And Gas Inspector's Examining Board › Section 40-1-5 - Hearings before the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				provisions of this section apply to the following hearings:
5.1.a. Petitions brought by citizens for the
				removal of an inspector under section two, article seven, chapter twenty-two-c
				of the West Virginia Code;
5.1.b.
				Appeals by inspectors of level two grievances and suspensions or dismissals
				made by the Chief under section two, article one, chapter twenty-two-c of the
				West Virginia Code; and
5.1.c.
				Appeals of the striking of any candidate's name from the register by the
				Secretary under section one, article seven, chapter twenty-two-c of the West
				Virginia Code.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Pursuant to the authority granted to the Commissioner of Labor in section five,
				article two, chapter twenty-one of the Code of West Virginia, the following are
				promulgated by the Commissioner of Labor to regulate Private Employment
				Agencies as prescribed by section four through fifteen of article two, chapter
				twenty-one of the West Virginia Code.
1.2. Authority. -- W. Va. Code '21-2-5.
1.3. Filing Date. -- December 31,
				1982.
1.4. Effective Date. --
				December 31, 1982.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Person" means
				any individual, company, society, firm, partnership, association, corporation,
				manager, contractor, subcontractor or their agents or employees.
2.2. "Fee" means:
(a) Any money or other valuable consideration
				paid or promised to be paid for any service or act rendered or to be rendered
				by an employment agency.
(b) Any
				money received by an employment agency in excess of that which has been paid
				out by it for transportation, transfer of baggage or board and lodging for any
				applicant for employment.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-3 - License

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				application for a license to do business as a private employment agency shall
				be filed in the form of a letter with the Division of Labor. Said application
				shall contain the following information:
(a)
				The name and address of the licensed person or persons.
(b) The name and address under which the
				business will be conducted.
(c) The
				business or occupation engaged in by the applicant for a prior period of five
				(5) years.
(d) The names and
				addresses of all persons, except bona fide employees, on stated salaries
				financially interested either as partners, associates or profit sharers, in the
				operation of the agency in question.
(e) Arrest records, if any.
(f) The types of referrals
				contemplated.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-4 - Records And Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				private employment agency shall submit a monthly report to the Commissioner of
				Labor. This report shall contain the name and address of applicant, date of
				referral, age, nationality, employer's name and address, job classification,
				rate of pay of every applicant for employment, agency's fee charged for the
				service rendered and whether fee was paid by employer or applicant.
4.2. Each private employment agency shall:
(a) Make and keep true and accurate
				information, reports and records relating to the business of such
				agency.
(b) Post or display
				conspicuously at each place of business the license required by section
				three.
(c) File a duplicate copy of
				all contract documents for approval of the Commissioner of Labor each fiscal
				year, who shall return one copy for conspicuous posting.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-5 - Copies And Receipts

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For
				any fee received from an applicant by an employment agency, the employment
				agency shall give to said applicant a receipt upon a form approved by the
				Commissioner stating:
(a) The name of the
				person owing the fee.
(b) Name of
				employer or firm to whom the applicant is being referred.
(c) The date of the referral.
(d) The type of job for which the applicant
				is being referred.
(e) The total
				amount of the fee in dollars and cents, with the amount paid thereon (if any)
				being shown and the balance due.
(f) The date of payment.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-6 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No employment
				agency shall publish or cause to be published any notice or advertisement
				soliciting persons to register for a specific job unless the employment agency
				has on file a valid job order for that job.
6.2. Each employment agency must maintain a
				file of all jobs advertised by the agency, identified by date and publication,
				for a period not less than six (6) months or for any longer period if so
				required by any other state or federal agency.
6.3. No employment agency shall circulate any
				knowingly false information to any person seeking employment or to any employer
				seeking an employee.
6.4. All
				salaries, when advertised, must be stated as recorded on the job order which
				will be as given by the employer. If the potential salary is advertised, the
				base pay or starting pay must also be advertised.
6.5. When the dollar amount of the salary is
				not stated, such phrases as "Top," "Maximum" or other superlatives which are
				based on individual judgment are not authorized and will be construed as false
				advertising.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-01 - Supervision Of Private Employment Agencies, Legislative And Procedural Rules And Regulations › Section 42-1-8 - Basis For Fee Charges

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Placement fees may be computed on the basis of permanent employment unless the
				valid order received from the employer is for temporary employment. However, if
				the employee is terminated without fault on his part within the first ninety
				(90) days of employment, a temporary fee will be charged.
8.2. "Without Fault" (see 8.1) shall include,
				but not necessarily limited to, the following:
(a) Wage rate or salary less than agreed
				upon.
(b) Working hours, working
				days or working shift different than agreed upon unless such differences affect
				other employees of similar job classifications, such as a complete
				reorganization of department or section affecting all job assignments or
				orders, so as not to indicate discrimination.
(c) Type of work assignment different than
				agreed upon. EXCEPTION: An applicant hired as a "Trainee" agrees that the
				choice of actual assignment remains with the employer.
(d) Location of job different than agreed
				upon.
(e) Lack of mental or
				physical ability to perform duties connected with position agreed upon by
				applicant and employment agency.
(f) Lockout or strike, causing loss of pay
				during fee-based period.
(g)
				Physical or economic destruction of place of employment.
(h) Employee enters active service in Armed
				Forces.
(i) Death of employee, the
				refund in case of an applicant paid fee will be to the estate of the
				deceased.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-02 - WV Safety Code For Aerial Passenger Tramways, Lifts, And Tows › Section 42-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules relate to the Safety Code for Aerial Passenger
				Tramways, Lifts and Tows.
1.2.
				Authority. -- W. Va. Code '21-3-2.
1.3. Filing Date. -- May 26, 1983.
1.4. Effective Date. -- May 26,
				1983.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-02 - WV Safety Code For Aerial Passenger Tramways, Lifts, And Tows › Section 42-2-2 - Safety Code For Aerial Passenger Tramways

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Incorporate by reference. -- The
				Commissioner of Labor hereby incorporates by reference the Safety Code for
				Aerial Passenger Tramways as promulgated by the American National Standards
				Institute and accepted by the United States Department of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -This rule establishes the requirements for an application for
				a permit to install a high-pressure steam boiler or a forced flow
				steam generator, the issuance of permits to operate a high-pressure
				steam boiler or a forced flow steam generator, the inspection of
				high-pressure steam boilers and forced flow steam generators, fees
				for inspections of and the issuance of permits for high-pressure
				steam boilers and forced flow steam generators, the certification of
				inspectors and special inspectors, and grounds for the revocation of
				a permit to operate a high-pressure steam boiler or a forced flow
				steam generator.
1.2.
				Authority. -W. Va. Code §
									21-3-7.
1.3. Filing Date. -April 27,2021
1.4. Effective Date.
				-June 9, 2021
1.5.
				Sunset Date. This rule shall terminate and have no further force or
				effect upon June 9, 2031.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This legislative
				rule applies to high-pressure steam boiler and forced flow steam
				generator inspectors and special inspectors, to the installation,
				inspection, and operation of high-pressure steam boilers and forced
				flow steam generators, and to any person responsible for the
				inspection or operation of a high-pressure stream boiler or forced
				flow steam generator.
2.2. Enforcement. The enforcement
				of this legislative rule is vested in the West Virginia Division of
				Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-5 - Application for a Permit to Install a High-Pressure Steam Boiler; Issuance of a Permit to Install a High-Pressure Steam Boiler or Forced Flow Steam Generator

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prior to the installation of a
				high-pressure steam boiler or forced flow steam generator in West
				Virginia, the owner or operator shall submit an application for a
				permit to install at least 15 days before the intended date of
				installation and shall provide all information as the Commissioner
				may require on a form supplied by the Division.
5.2. If, upon review by the
				Commissioner, the application is complete and contains the required
				information, he or she shall issue a permit to install the
				high-pressure steam boiler or forced flow steam generator.
5.3. If, upon review by the
				Commissioner, the application is incomplete, the Division shall
				notify the applicant and specify what information is still needed
				before a permit to install can be issued.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-6 - Application for a Permit to Install a High-Pressure Steam Boiler or Forced Flow Steam Generator for Temporary Use; Issuance of a Permit to Install a High-Pressure Steam Boiler or Forced Flow Steam Generator for Temporary Use

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prior to the installation of a
				high-pressure steam boiler or forced flow steam generator for
				temporary use in West Virginia, the owner or operator shall submit an
				application for a permit to install at least 15 days before the
				intended date of installation and shall provide all information as
				the Commissioner may require on a form supplied by the
				Division.
6.2. If, upon
				review by the Commissioner, the application is complete and contains
				the required information, he or she shall issue a permit to install
				the high-pressure steam boiler or forced flow steam generator for
				temporary use.
6.3. If,
				upon review by the Commissioner, the application is incomplete, the
				Division shall notify the applicant and specify what information is
				still needed before a permit to install can be issued.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-7 - West Virginia Serial Numbers; Condemned Boiler Serial Number

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. After completion of a
				high-pressure steam boiler's or forced flow steam generator's final
				inspection, the Division shall assign a unique West Virginia serial
				number to the boiler or generator, to be placed on the boiler or
				generator by an inspector or special inspector in the location
				specified by the ASME Boiler and Pressure Vessel Code.
7.2. The high-pressure steam boiler
				or forced flow steam generator owner or operator shall ensure that
				the West Virginia serial number is visible at all times and is not
				covered by insulating or other material.
7.3. When an inspector or special
				inspector has condemned a high-pressure steam boiler or forced flow
				steam generator, he or she shall place a condemnation mark, denoted
				as "WXXXW" over the West Virginia serial number.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-8 - Inspection Reports; Issuance of an Annual Permit to Operate a High-Pressure Steam Boiler; Issuance of a Permit to Operate a Forced Flow Steam Generator

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Unless otherwise exempt under
				the Act, every high-pressure steam boiler and forced flow steam
				generator in operation in this state shall be thoroughly inspected
				internally and externally while not under pressure by an inspector or
				special inspector, as to its design, construction, installation,
				condition and operation.
8.1.a. An
				inspector or special inspector shall use the National Board's "Report
				Of First Internal Inspection" form, or a substantially similar form,
				to document a high-pressure steam boiler's or forced flow steam
				generator's initial or first internal inspection.
8.1.b. On subsequent annual
				internal inspections after the first or initial inspection, an
				inspector or special inspector shall use the National Board's "Report
				of Inspection" form, or a substantially similar form, to document a
				high-pressure steam boiler's or forced flow steam generator's
				internal inspection.
8.1.c. An inspector or special
				inspector shall promptly provide inspection reports to the
				Commissioner.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-9 - Application for a 60-Day Temporary Extension of a Permit to Operate a Boiler; Issuance of a Temporary Extension of a Permit to Operate

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An application for an
				extension of a permit's expiration date, not to exceed 60 days, shall
				be in writing and may be considered by the Commissioner for good
				cause, such as unusual circumstances or conditions.
9.2. An application for one
				additional extension of a permit's expiration date shall be in
				writing and may be considered by the Commissioner, for a maximum
				temporary extension of 120 days per year, for good cause such as
				unusual circumstances or conditions.
9.3. The request shall include a
				statement from the inspector or special inspector and an authorized
				party of the insurance company that insured the high-pressure steam
				boiler or forced flow steam generator in support of the extension.
9.4. The owner or
				operator of the high-pressure steam boiler or forced flow steam
				generator shall post the temporary extension of a permit to operate
				under glass in the engine or boiler room where the boiler or
				generator is located. In the case of portable boiler or generator,
				the permit to operate shall be posted in the office of the plant
				where it is located.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-10 - Suspension or Revocation of a Permit to Operate; Condemnation of a High-Pressure Steam Boiler or Forced Flow Steam Generator

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Commissioner, inspector or special inspector may suspend or revoke a
				permit to operate when the high-pressure steam boiler or forced flow
				steam generator for which it was issued cannot be operated without
				menace to the public safety, or when the boiler or generator is not
				in compliance with the Act or this rule.
10.2. The suspension or revocation
				of a permit to operate shall continue in effect until an inspector or
				special inspector has determined that the high-pressure steam boiler
				or forced flow steam generator has been brought into compliance with
				the Act and this rule and until the Permit to Operate has been
				reinstated by the Commissioner.
10.3. The Commissioner, an
				inspector or special inspector shall condemn a high-pressure steam
				boiler or forced flow steam generator if, upon inspection, the boiler
				or generator is found to be in a condition in which it is unsafe to
				operate.
10.4. If the
				boiler or generator owner or operator contests the Commissioner's
				condemnation, he or she may, within 5 days of receipt of notification
				of the condemnation, file a written appeal to the Commissioner,
				setting forth the reasons for contesting or objecting to the
				condemnation.
10.5. If
				the high-pressure steam boiler or forced flow steam generator owner
				or operator timely files an appeal, the boiler or generator shall not
				be operated pending the Commissioner's review of the appeal.
10.6. Upon receipt of an
				appeal filed by a high-pressure steam boiler or forced flow steam
				generator owner or operator, the Commissioner may conduct the appeal
				hearing himself or herself or may designate or appoint a Division
				employee or a hearing examiner to conduct the appeal hearing.
10.7. The Commissioner
				shall cause a written Notice of Hearing to be served on the
				high-pressure steam boiler or forced flow steam generator owner or
				operator by email, by certified mail, return receipt requested, or by
				personal service, at least 10 days prior to the date of the hearing.
				The Notice of Hearing shall include the following:
10.7.a. The date, time and location
				of the hearing;
10.7.b. A
				short and plain statement regarding the reasons for the condemnation;
10.7.c. The right of the
				high-pressure steam boiler or forced flow steam generator owner or
				operator to be represented by an attorney at law licensed to practice
				in WV, at his or her own expense; and
10.7.d. The right to present
				evidence, and to examine and cross-examine witnesses.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-11 - Inspector Qualifications; Issuance of a Certificate of Competency; Annual Renewal; Revocation of a Certificate of Competency

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No
				person may serve as an inspector unless he or she holds a certificate
				of competency issued by the Commissioner.
11.2. The inspector shall provide a
				copy of his or her current National Board Commission card to the
				Division.
11.3. An
				inspector shall renew his or her certificate of competency annually
				and provide a copy of his or her most recent National Board
				Commission card.
11.4.
				The Commissioner may revoke a certificate of competency for the
				following reasons:
11.4.a. the
				falsification of any report of any inspection;
11.4.b. the failure to renew his or
				her National Board Commission;
11.4.c. the revocation of his or
				her National Board Commission; or
11.4.d. other good cause concerning
				the inspector's competence or credibility.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-12 - Special Inspector Application for a Certificate of Competency; Issuance of a Certificate of Competency; Fees; Annual Renewal; Revocation of a Certificate of Competency

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. No person may serve as a
				special inspector unless he or she holds a certificate of competency
				issued by the Division.
12.2. A person desiring to obtain a
				certificate of competency from the Division shall submit a written
				application on a form furnished by the Division, accompanied by a $35
				fee.
12.3. The applicant
				shall provide all information specified on the application form, and
				any failure to provide the required information shall cause the
				application to be rejected.
12.4. The applicant shall provide a
				copy of his or her current National Board Commission card with the
				application.
12.5. A
				special inspector shall renew his or her application for a
				certificate of competency annually, accompanied by a $35 fee and his
				or her most recent National Board Commission card.
12.6. A Certificate of Competency
				may be revoked by the Commissioner for the following reasons:
12.6.a. the falsification of any
				report of any inspection;
12.6.b. the failure to renew his or
				her National Board Commission;
12.6.c. the revocation of his or
				her National Board Commission; or
12.6.d. other good cause concerning
				the inspector's or special inspector's competence or credibility.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-13 - Owner or Operator Responsibilities; Insurance Company Responsibilities; Termination of Insurance Coverage

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				owner or operator of a high-pressure steam boiler or forced flow
				steam generator shall prepare the boiler or generator for an internal
				inspection or hydrostatic pressure test when necessary.
13.2. If the owner or operator of a
				high-pressure steam boiler or forced flow steam generator has not
				properly prepared the device for internal inspection, the inspector
				or special inspector may decline to perform the inspection and the
				Division may withhold the permit to operate until the boiler or
				generator has been properly prepared and inspected.
13.3. The owner or operator shall
				promptly notify the Division when a high-pressure steam boiler or
				forced flow steam generator is moved from one location to another.
				The notification shall include the boiler's or generator's West
				Virginia serial number, the original location and the new location.
13.4. An insurance
				company shall immediately notify the Division of all insurance policy
				coverage changes to a high-pressure steam boiler or forced flow steam
				generator, to include the policy number being changed, the policy's
				expiration or cancellation date, the issuance of a new policy of
				coverage, including the new policy number and effective dates of the
				coverage.
13.5. If,
				after inspection by a special inspector, an insurance company refuses
				coverage, the company shall immediately notify the Division together
				with a list of the defects.
13.6. If an insurance company
				ceases or otherwise stops coverage on an insured high-pressure steam
				boiler or forced flow steam generator, the company shall immediately
				notify the Commissioner and the owner or operator of the device.
13.7. The owner or
				operator of a high-pressure steam boiler or forced flow steam
				generator shall permit inspectors and special inspectors to enter the
				premises, during reasonable hours, where a boiler or generator is
				being built, is being installed or is being operated, in order to
				ascertain whether the boiler or generator is being built, installed
				and operated in accordance with the Act and this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-03 - High-Pressure Steam BOILER and Forced Flow Steam Generator Requirements › Section 42-3-14 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				Commissioner shall not issue a permit to operate or install a
				high-pressure steam boiler or forced flow steam generator, or an
				extension of a permit to operate, until all applicable fees have been
				paid to the Division.
14.2. Fees for the inspection of a
				high-pressure steam boiler or forced flow steam generator by a
				Division inspector:
14.2.a. Boilers
				with less than 100 square feet of heating surface: $100.00
14.2.b. Boilers with 101 to 500
				square feet of heating surface: $150.00
14.2.c. Boilers with more than 500
				square feet of heating surface: $175.00
14.2.d. Forced flow steam
				generator: $175.00
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-04 - Hazardous Chemical Substances › Section 42-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These Legislative Rules and Regulations are promulgated by the Commissioner of
				Labor as required under section eighteen, article three, chapter twenty-one of
				the West Virginia Code to establish and maintain a list of chemical substances
				and materials which have been determined or are suspected to be hazardous or
				toxic to the health of employees who may be exposed to them in the course of
				employment.
1.2. Authority. -- W.
				Va. Code '21-3-18.
1.3. Filing Date. -- December 31,
				1982.
1.4. Effective Date. --
				December 31, 1982.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-04 - Hazardous Chemical Substances › Section 42-4-2 - Listing of hazardous substances

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Incorporate by reference. -- The
				Commissioner of Labor hereby incorporates by reference the Listing of Hazardous
				Substances which has been selected in accordance with 29 Code of Federal
				Register 1910.1000, Subpart Z.
2.2.
				The preceding list will be updated, at least annually, giving due consideration
				to any changes made or proposed by the Secretary of Labor of the United
				States.
2.3. Warning notice posted
				in the work area shall be printed or typewritten in letters of sufficient size
				and contrast as to be readily visible and legible. Such warning notice shall
				include common symptoms of overexposure.
2.4. Any producer or user aggrieved by the
				inclusion or exclusion of any hazardous chemical substance on the list may
				petition the Commissioner of the State Division of Labor for possible revision
				or revisions of said list. The expense of any such determination, if the
				Commissioner so decides, shall be borne by the party seeking said
				determination, and the burden of proof shall also be on said party.
The listing is available from the Secretary of State's
					 Office or the West Virginia Division of Labor
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is for the enforcement of all matters concerning wage payment and
				collection pursuant to W. Va. Code §
									21-5-1
et seq
.
1.2.
				Authority. -- W. Va. Code §§
									21-5-9
				and
				21-5-13.
1.3. Filing Date. -- April 12,
				2019.
1.4. Effective Date. -- July
				1, 2019.
1.5. Sunset Date. This
				rule shall terminate and have no further force or effect on July 1,
				2029.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to the West Virginia Division of Labor and all
				persons, employers and employees governed or otherwise within the purview of
				the Wage Payment and Collection Act, W. Va. Code §
									21-5-1
et seq
.
2.2.
				Enforcement. The enforcement of this rule is vested with the West Virginia
				Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-4 - Employer Responsibilities; Required Employee Notifications; Required Posting of the Wage and Hour Abstract

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An employer shall establish a work week,
				a pay period, and a pay day, and shall notify employees in writing or by a
				posted notice accessible to all employees of the employer.
4.2. When an employer changes an employee's
				rate of pay, pay period, place or method of payment, time of payment, or any
				other term of employment, the employer shall furnish a written notice to the
				affected employee at least 1 full pay period prior to the effective date of the
				change.
4.3. An employer shall keep
				posted in a place accessible to all employees an abstract of the West Virginia
				Wage Payment and Collection law prepared and provided by the
				Commissioner.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-5 - Contents of Employee Records

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An employer shall maintain payroll and
				employment records during an employee's employment and for a period of not less
				than 5 years from the date each record was created.
5.2. An employee's written record shall
				contain the following information:
5.2.a. The
				employee's name in full, or identifying symbol or number in place of a name on
				any record;
5.2.b. The employee's
				home address;
5.2.c. The employee's
				date of birth, if under 18;
5.2.d.
				The employee's occupation, title or job classification;
5.2.e. The employee's rate of regular
				pay;
5.2.f. The hours worked each
				workday by the employee and the total hours worked each workweek by the
				employee; and
5.2.g. Documentation
				of the employee's legal status or authorization to work, as required by W. Va.
				Code §
										21-1B-1
et seq
.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-6 - Place For Keeping Employee Records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An employer shall keep the employee
				records required by the Act and this rule in a safe, secure and accessible
				location at the place or places of employment, or at one or more established
				central record-keeping offices where employee records are customarily
				maintained.
6.2. Employee records
				shall be open to the Division for inspection, examination, copying,
				photographing or otherwise reproducing, in order to ensure compliance with the
				Act and this rule.
6.3. When
				employee records are maintained at a central record-keeping office, other than
				in the place or places of employment, upon receipt of written notice from the
				Commissioner, an employer shall make employee records available to the Division
				within 72 business hours.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-7 - Payment of Wages; Itemized Statement of Earnings

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An employer shall pay all earned wages
				due to an employee on the employer's scheduled payday.
7.2. The scheduled payday for a railroad
				company shall occur within the time periods specified in W. Va. Code §
									21-5-2.
				The scheduled payday for every employer other than a railroad company shall
				occur at least twice eachmonth with no more than 19 days between paydays,
				unless otherwise authorized by special agreement as provided in section 8 of
				this rule.
7.3. An employer shall
				furnish an itemized statement of earnings to each employee on the employer's
				scheduled payday, to include the employee's hourly rate of pay or salary, the
				number of hours for which the employee is being paid, the overtime rate of pay,
				if applicable, bonus and incentive pay, if applicable, and itemized deductions.
				The employer shall furnish each employee with either a paper itemized statement
				or an electronic itemized statement, provided the employee has direct,
				immediate and convenient electronic access to it.
7.4. If an employer's regular payday is on
				specific dates of the month, and the employer is closed for business on that
				date, the employer shall pay the employees on the day immediately preceding the
				regular payday when the employer is open for business.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-8 - Petition For Special Agreement Concerning Payday Schedule or Frequency

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. An employer
				who wishes to establish regular paydays other than at least twice every month
				with no more than 19 days between paydays, as required by W. Va. Code §
									21-5-3,
				shall submit a written petition to the Commissioner, setting forth the reasons
				for the request and the proposed alternative payday schedule or plan.
8.2. An employer shall include postage paid
				envelopes addressed to each employee who would be affected by the proposed
				alternative payday schedule or plan with the petition.
8.3. The Commissioner shall notify all
				employees identified by the employer and provide each employee with an
				opportunity to respond to the petition.
8.4. The Commissioner may hold a hearing on
				the petition for the proposed alternative payday schedule.
8.4.a. The Commissioner shall give at least
				20 days written notice of the time and place of the hearing to all employees
				who would be affected by the proposed alternative payday schedule or
				plan.
8.4.b. Employees shall have
				the opportunity to submit written comments in lieu of attending the
				hearing.