reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-8 - Work Schedules

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each
				institution shall establish a policy, with the advice and assistance of staff
				council and other groups representing classified employees, which shall:
				address any institution-specific procedures concerning the use of flexible work
				schedules, job sharing, and four-day work weeks; discourage temporary,
				non-emergency changes in an employee's work schedule; and provide a mechanism
				for changes in, and notification of, changes in work schedules. This policy
				shall also provide that, where possible, the institution shall provide the
				employee with reasonable notice of such changes.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-9 - Pay Calculations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Base salary is
				calculated on a thirty-seven and one-half (37 1/2) hour workweek.
9.2. When base salary increases are
				calculated and rounding is involved, the policy is to round up to the nearest
				even dollar amount.
9.3. Overtime
				pay for non-exempt employees is calculated at the rate of one and one-half (1
				1/2) times the regular hourly rate, which is the total base salary, plus any
				incremental pay, divided by 1,950 hours. Overtime does not commence until forty
				(40) hours have actually been worked within one (1) workweek. Regular hourly
				pay, also known as "straight time," is paid for work time between thirty-seven
				and one-half (37 1/2) hours and forty (40) hours in a work week.
9.4. Only actual hours worked are included in
				calculating overtime. Pay which is received for holidays, annual leave, sick
				leave, or work release time, as authorized by Series 38, is not counted as
				working hours for purposes of overtime.
9.5. Annual leave, sick leave and longevity
				do not accumulate in any part of a month for which an employee is off the
				payroll on leave without pay or during a terminal leave period. A terminal
				leave period is that time between the employee's last day of work and his/her
				last day on the payroll. Longevity continues to accrue for employees absent
				from work and off the payroll when the absence is due to a work related illness
				or injury covered by workers compensation, or is due to military service in
				accordance with applicable federal law.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-10 - Holiday Premium Time Off

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When a
				full-time or part-time classified non-exempt employee is required to work on
				any designated board or institution holiday, that employee at his/her option
				shall receive regular pay for that holiday plus substitute time off or
				additional pay at the rate of one and one-half (1 1/2) times the number of
				hours actually worked. The time off must be used within a six-month period
				following the holiday.
10.2. When
				an exempt employee is required to work on any designated board or institution
				holiday, that employee shall be given substitute time off on an hour-for-hour
				worked basis.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-11 - Compensatory and Overtime Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Compensatory
				time off shall be allowed only to the extent authorized by federal and state
				law.
11.2. Each institution may
				offer non-exempt employees compensatory time off in lieu of overtime pay. All
				hours worked beyond thirty-seven and one-half (37½) hours and up to and
				including 40 hours are calculated at the employee's regular hourly rate. Pay
				for time worked beyond 40 hours in a work week are to be calculated at a rate
				of one and one-half (1½) times the regular hourly rate.
11.3. A written agreement between the
				employee and the institution shall exist when the employee chooses compensatory
				time off in lieu of overtime pay. The written agreement may be modified at the
				request of either the employee or employer at any time but under no
				circumstances shall a change in the agreement deny the employee compensatory
				time heretofore acquired.
11.4.
				Each institution shall develop an agreement form for compensatory time
				accumulation in lieu of overtime payment and shall specify the required
				approval process which must be completed before a non-exempt employee may work
				beyond thirty-seven and one-half (37½) hours.
11.5. Employees may accumulate up to two
				hundred forty (240) hours of compensatory time and shall be paid for all hours
				worked above the maximum accrual.
11.6. Employees in public safety, seasonal
				work, and/or emergency response categories may accumulate up to four hundred
				eighty (480) hours and shall be paid for all hours worked above the maximum
				accrual.
11.7. Compensatory time
				must be used within one year of accrual. Approval of an employee's request to
				use accrued compensatory time shall be contingent upon whether it will unduly
				disrupt the operation of the institutional unit.
11.8. Should an individual's employment be
				terminated, any unused compensatory time shall be reimbursed as follows:
11.8.a. The average regular rate received by
				such employee during the first three years of the employee's employment;
				or,
11.8.b. The final regular rate
				received by such employee, whichever is higher.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-12 - Posting of Vacant or New Positions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Each
				institution shall develop a policy for posting of vacant or new
				positions.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-13 - Probationary Period

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Full-time
				regular classified employees shall serve a six-month probationary period
				beginning at the original date of employment.
13.2. At the end the six-month probationary
				period, the employee shall receive a written evaluation of her/his performance
				and shall be informed as to whether her/his employment will continue beyond the
				probationary period. As with all positions, continued employment is based on
				adequate funding, satisfactory performance and adherence to institution rules
				and regulations.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-14 - Access to Personnel File

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An employee
				may have access to his/her personnel file when the employing institution is
				normally open for business. An employee may examine his/her own file and the
				contents therein with the following exception:
14.1.a. Materials which were gathered with
				the employee's prior agreement to forfeit his/her right of access, such as some
				references.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-15 - Changes in Name, Address, Number of Dependents and Related Matters

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. It is the
				exclusive responsibility of each employee to notify all appropriate persons,
				agencies and parties when record changes occur, including emergency
				information.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-16 - Employee Performance Evaluations and Merit Increases

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Organizations
				shall conduct regular performance evaluations of nonclassified, classified and
				faculty employees. Each employee shall receive an evaluation of his or her job
				related performance on an annual basis. The organization shall maintain
				evidence of employee participation in the evaluation process.
16.2. Each organization shall develop a
				consistent, objective performance evaluation system and evaluation
				instrument(s).
16.3. Organizations
				shall train supervisors in the best practices of conducting employee
				performance evaluations.
16.4.
				Supervisors who fail to conduct evaluations of those employees who report to
				them, according to their organization's policies, may be subject to
				disciplinary action.
16.5. Higher
				education organizations may grant merit increases or implement pay for
				performance programs which are in accordance with state law and the West
				Virginia Higher Education Compensation Management Program Salary Administration
				Guidelines.
16.6. Institutions
				choosing to reward and compensate employees on the basis of merit shall have in
				place an objective performance management/evaluation system and evaluation
				instrument that is consistently administered by trained supervisors.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-17 - Continuing Education and Professional Development

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The Vice
				Chancellor for Human Resources shall, as requested by organizations, assist
				with:
17.1.a. Analyzing and determining
				training needs of organization employees and formulating and developing plans,
				procedures and programs to meet specific training needs and problems.
17.1.b. Developing, constructing, maintaining
				and revising training manuals and training aids or supervising development of
				these materials by outside suppliers.
17.1.c. Planning, conducting, and
				coordinating management inventories, appraisals, placement, counseling and
				training.
17.1.d. Coordinating
				participation by all employees in training programs developed internally or
				provided by outside contractors.
17.1.e. Administering and analyzing an annual
				training and development needs survey. The survey may coincide with the
				completion of the annual performance review process.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-18 - Classification and Compensation System Established

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The
				Commission, in consultation with the Council, does hereby establish and
				implement the West Virginia Higher Education Compensation Management Program.
				The program is designed to provide institutional flexibility to manage
				classification and compensation for all staff jobs in West Virginia higher
				education. However, the program is the legislatively required system of
				classification and compensation for classified employees. The program
				represents current best practices in classification and compensation management
				for West Virginia higher education employees regardless of the category to
				which assigned. Market based classification and compensation management is
				recognized as the appropriate methodology for classifying higher education
				jobs.
18.2. The Compensation
				Management Program and supporting component documents to guide in the
				implementation and administration of the Program were approved by the
				Commission and Council for implementation effective September 1, 2017. The
				program documents shall be considered by all institutions under the
				jurisdiction of the Commission and Council as a model salary administration
				policy and guidelines. The approved compensation management program includes:
18.2.a. The "West Virginia Higher Education
				Compensation Philosophy" which outlines the goals, objectives, and strategies
				of the compensation management system;
18.2.b. The "West Virginia Higher Education
				Job Classification Guidelines" which assist human resources officers with
				determining the appropriate classification for jobs;
18.2.c. The "West Virginia Higher Education
				Employee Salary Schedule" consists of pay grades with pay range spreads and
				indicates the minimum, midpoint and maximum salary levels for each pay grade;
				and
18.2.d. The "West Virginia
				Higher Education Salary Administration Guidelines" which assist human resources
				officers and institutional administrators in making appropriate pay decisions
				in a variety of employment situations.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-20 - Classification Review Request of Existing Position

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. An incumbent
				employee or the employee's supervisor may request a classification review when
				significant changes occur in the principal duties and responsibilities of a
				position.
20.2. Classification
				review requests are not to be submitted based on a desire for a salary
				increase, to reward for job performance, seniority, equity, future tasks,
				additional duties of the same nature and level of the job held or because an
				employee's pay is at or near the pay range maximum.
20.3. To initiate the classification review
				request, the employee and supervisor must complete the position description
				form (PDF) and a formal request for classification review form. Both must be
				submitted to the institutional Human Resources Office. The request for review
				form must include the date and detailed reasons for such request.
20.4. The responsibility for assigning tasks
				and duties to a position belongs to the supervisor.
20.5. Requests for position reviews also may
				be initiated by an employee with Human Resources after discussion with the
				immediate supervisor.
20.6.
				Classification reviews also may be initiated by the institution's Chief Human
				Resources Officer or his/her designee after discussion with the immediate
				supervisor.
20.7. Within forty-five
				(45) working days from the date of the formal request for review of a job, the
				institution's Chief Human Resources Officer or his/her designee shall report to
				the requestor in writing the result of the classification review.
20.8. An organization that fails to complete
				a review within the specified time shall provide the employee back pay from the
				date the request for review was received if the review, when completed,
				produces a reclassification of the position into a job in a higher pay
				grade.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-21 - Classification Appeals Process

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. In the event
				that a classified employee disagrees with a classification decision made at the
				organizational level, he/she may appeal that decision in writing to the Vice
				Chancellor for Human Resources for review by the JCC. Filing a classification
				appeal, however, shall not abridge the rights of a classified employee to file
				a formal grievance, using the statutory grievance process as set forth in West
				Virginia Code §
									6C-2-1
et seq.
;
				provided, however, upon the simultaneous filing of a statutory grievance and a
				classification appeal to the Vice Chancellor for Human Resources by a
				classified employee, a request may be made, in writing, by the classified
				employee to hold the grievance in abeyance until the review by the JCC is
				completed and a classification decision is rendered by the JCC._
21.2. The Classification Appeal Process and
				timelines are outlined in the West Virginia Higher Education Compensation
				Management Program "Job Classification Guidelines" approved by the
				Commission.
21.3. Time limits.
21.3.a. The classified employee shall submit
				a completed "Classification Appeals Form" to the organization's Human Resources
				office within ten (10) working days from the date of receipt of the notice of
				the organization's classification decision.
21.3.b. The organization's human resources
				staff shall render a decision on the appeal within five (5) working days
				whether the original decision shall be upheld.
21.3.c. The classified employee shall have
				five (5) working days from the date of receipt of the notice upholding the
				original decision of the organization to appeal the action to the Vice
				Chancellor for Human Resources for submission to the JCC.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-22

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. An appeal
				shall not be considered if based on any of the following reasons:
22.1.a. As a method to obtain a salary
				increase. The new Compensation Management Program should substantially limit
				the number of classification review requests. Compensation is not tied to a
				step on the salary schedule or to years of WV government service of the
				incumbent employee. Considerations for an increase in compensation are not to
				be made using the classification review process.
22.1.b. Seniority. An appeal shall not be
				considered if it is based on the employee's length of service with the
				organization or with the state of West Virginia.
22.1.c. Qualifications of the individual
				incumbent. An appeal shall not be considered if it is based upon the individual
				classified employee's qualifications. A classification determination is based
				upon the duties and responsibilities of the job as well as the minimum
				requirements necessary to perform the duties and responsibilities of the
				position.
22.1.d. Anticipated
				future job responsibilities. An appeal shall not be considered if it is based
				upon responsibilities that may be included in the job assignment in the
				future.
22.1.e. Job Performance. An
				appeal shall not be considered if it is based upon the performance of the
				incumbent or certain personality traits (e.g., loyalty, dedication, commitment
				to organization, hardworking, etc.). A classification determination is based
				upon the level and complexity of the duties and responsibility of the job
				performed, not the characteristics of the individual holding the
				position.
22.1.f. Salary within a
				salary range. An appeal shall not be considered if it is based upon the fact
				that an employee's salary is close to the maximum of a salary range or the
				relative position of the salary within the assigned salary range.
22.1.g. Increase in the volume of work. An
				appeal shall not be considered if it is based on the volume of work rather than
				the level of responsibilities and complexity of the work.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-24 - Salary Structure

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. The
				Commission and Council shall develop and maintain a market based salary
				structure and ensure that all organizations under its jurisdiction adhere to
				state and federal laws and duly promulgated and adopted organization
				rules.
24.2. The Commission and
				Council shall jointly use workforce compensation data provided by Workforce
				West Virginia and other compensation data as is readily available from national
				recognized sources to establish the appropriate external labor market. The
				Commission and Council, in consultation with the CPRC, and taking into
				consideration updated market information, may take any combination of the
				following actions in regard to the classified market salary structure:
24.2.a. Adjust the salary schedule midpoints
				and/or number of pay grades;
24.2.b. Adjust the midpoint differentials
				between pay grades to better reflect market conditions; or
24.2.c. Adjust the range spread for any pay
				grade.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-25 - Organizational Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. Each
				institution shall amend any of its policies/rules to comply with the
				Commission's rule or rules no later than six months after the effective date of
				any change in statute or Commission rule or rules, unless a different
				compliance date is specified within the statute or rule containing the
				requirements or mandate.
25.2. An
				institution may not adopt a rule, as mandated by this subsection, until it has
				consulted with the appropriate employee classes affected by the institution's
				rule or rule's provisions. At a minimum, consultations with the institutional
				Classified Employee Council (staff council) and/or the institutional Faculty
				Senate (faculty senate), as appropriate, shall take place.
25.3. If an institution fails to adopt a rule
				or rules as mandated by this subsection, the Commission may prohibit it from
				exercising any flexibility or implementing any discretionary provision relating
				to human resources contained in statute or in a Commission rule until the
				organization's rule requirements have been met.
25.4. Unless a governing board exercises the
				flexibility to create its own classification and compensation program pursuant
				to Section 26 of this rule, the Chancellor or his or her designee has the
				authority and the duty to review each institution's comprehensive
				classification and compensation rule or rules and to recommend changes to the
				rule or rules to bring them into compliance with Commission rule or rules or
				legislative and Commission intent. The Chancellor may reject or disapprove any
				rule or rules, in whole or in part, if he or she determines that it is not in
				compliance with any rule/rules or if it is inconsistent with Legislative and
				Commission intent or does not sufficiently address and include measures that
				foster meaningful accountability of the institution to this rule, its own rules
				and state law.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-26 - Organizational Flexibility to Adopt Personnel Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Organizations
				that provide notice to the Commission may, after consultation with staff
				council, file a rule or rules to implement provisions of West Virginia Code
				§18B-7 and §18B-8, and upon the adoption, any rules promulgated by
				the Commission under the same sections of state law are inapplicable to the
				organization.
26.2. Any
				organization that provides notice to the Commission may establish a
				classification and compensation rule, after consultation with and providing
				thirty (30) days written notice to the staff council, that incorporates best
				human resources practices and addresses the areas of organizational
				accountability, employee classification and compensation, performance
				evaluation, reductions in force, and development of organizational policies,
				and upon the adoption the provisions of West Virginia Code §18B-9A and any
				rule promulgated by the Commission thereto, is inapplicable to the extent it
				conflicts with the rule promulgated by the organization. Provided, that any
				rule adopted by an organization shall use the definitions of classified and
				nonclassified employees established in state law. The rule shall provide for an
				external review of human resources practices at the organization at least once
				every five years, relating to compliance with the West Virginia higher
				education personnel law, including provisions that staff council have an
				opportunity to speak with the external auditor before the start of the audit
				and after its completion.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-27 - Organizational Accountability

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. A major
				deficiency means an organization has failed to comply with applicable personnel
				rules of the Commission. The following guidelines exist for correcting
				deficiencies should any be found:
27.1.a.
				When a major deficiency is identified, the Commission shall notify the
				governing board of the institution in writing within forty working days, giving
				particulars of the deficiency and outlining steps the governing board is
				required to take to correct the deficiency.
27.1.b. The governing board shall correct the
				major deficiency within four months and shall notify the Commission when the
				deficiency has been corrected; however, extensions of this time frame may be
				requested and granted by the Commission.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-56 - Military Student Withdrawal Policy › Section 133-56-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -This
				rule delineates the responsibilities of West Virginia public higher education
				institutions relative to dealing with unexpected withdrawals from school by
				military member students.
1.2.
				Authority - West Virginia Code §
									18B-1-6 and §
									18B-4-10.
1.3. Filing Date - June 11, 2014.
1.4. Effective Date - June 11,
				2014.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-56 - Military Student Withdrawal Policy › Section 133-56-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The West
				Virginia Higher Education Policy Commission and the West Virginia Council for
				Community and Technical College Education are responsible to provide uniform
				course completion provisions for all military member students who are enrolled
				at the state institutions of higher education under their respective
				jurisdictions when those students are called to military duty.
2.2. This rule shall 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.
2.3. This rule shall provide guidelines for
				maintaining the academic integrity of the course work in a manner that is
				reasonably accommodating to the student under the circumstances.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-56 - Military Student Withdrawal Policy › Section 133-56-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Called to
				Military Duty. Called or ordered to state or federal active service 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.
3.2. Military Member. Any person who is an
				active member of the regular military of the United States or a Reserve unit of
				any branch of the United States military or a National Guard unit.
3.3. Unexpected Withdrawal. A withdrawal from
				school necessitated solely because of an unforeseen, unplanned, emergent
				military call up or geographic reassignment that prevents the military member
				student from attending class and completing coursework as planned. Geographic
				reassignment must be demonstrated by orders clearly stating that the student is
				physically relocating during the term in question.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-56 - Military Student Withdrawal Policy › Section 133-56-4 - Institutional Responsibility

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Each public higher education institution must develop and publish a policy and
				procedures that address course completion for students called to military duty
				and include at a minimum the specific provisions identified in Section 4.2 of
				this rule.
4.2. In the event of an
				unexpected call to duty, the military member student shall be afforded a choice
				of options for completion of enrolled coursework.
4.2.a. If the military member student has
				completed 75 percent or more of the term or the required coursework, s/he may
				choose to:
4.2.a.1. Receive full credit for
				the course, with assignment of the grade earned up to the time of the call to
				duty, or
4.2.a.2. Withdraw from the
				course without academic penalty and receive no credit for the course
				pursued.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-56 - Military Student Withdrawal Policy › Section 133-56-5 - Appeal Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Appeals of
				institutional decisions shall follow the institutional academic grievance
				process and shall be decided at the institutional level. Once the institutional
				grievance process has been exhausted, there shall be no further appeal to a
				higher entity or governing board.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes guidelines and procedures which will direct the operation
				of the Nursing Scholarship Program.
1.2. Authority. -- West Virginia Code §
									18B-1-6 and §
									18C-3-4.
1.3. Filing Date. -- February 29,
				2024.
1.4. Effective Date. -- March
				29, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Unless the
				context in which used clearly requires a different meaning, the definitions
				contained in W. Va. Code §§
									18B-1-2 and
				18C-3-3 apply to this rule in
				addition to the definitions set forth below.
2.2. "Accredited nursing program" means that
				an institution of higher education's programs for the prelicensure education of
				professional or practical nurses have been validated and meet established
				professional standards for academic quality as adopted by a national nursing
				accreditation body recognized by the U.S. Department of Education.
2.3. "Applicant" means a student who has
				applied for an initial award or renewal award of a Nursing Scholarship, but has
				not yet been awarded the scholarship.
2.4. "Approved nursing program" means that an
				institution of higher education's programs for the prelicensure education of
				professional or practical nurses meet the requirements and otherwise comply
				with the standards established by the West Virginia Board of Professional
				Nurses in W. Va. Code §
									30-7-1, et seq. or the West
				Virginia Board of Practical Nurses in W. Va. Code §
									30-7A-1, et seq.
2.5. "Recipient" means a person who has been
				awarded a Nursing Scholarship in accordance with the terms of this rule and the
				Scholarship Agreement set forth in Section 8 of this rule.
2.6. "Vice Chancellor" means the Vice
				Chancellor for Administration, as that position is described in W. Va. Code
				§
									18B-4-2, or his or her
				designee.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-4 - Eligibility Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In order to be
				eligible for the licensed practical nurse (LPN) or registered nurse (RN)
				scholarship award, an applicant must meet the following minimum requirements:
4.1.1. Enrollment in an accredited or
				approved West Virginia LPN or pre-licensure RN or graduate program leading to a
				career as a practicing nurse or nursing educator.
4.1.2. Be in good academic standing with his
				or her institution of higher education or academic program.
4.1.3. For students enrolled in pre-licensure
				programs, completion of half of the required nursing credits for that
				program.
4.1.4. For the LPN award,
				sign an agreement to work as an LPN in West Virginia for one year following
				completion of the program for every year of the award.
4.1.5. For the RN award, sign an agreement to
				teach or work as a RN in West Virginia for two years following completion of
				the program for every year of the award.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-5 - Application Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A student
				shall apply for the award using a form prescribed by the Vice
				Chancellor.
5.2. The application
				may require submission of information including, but not limited to, the
				following: physical and mailing addresses and other contact information; proof
				of West Virginia residency; institution attending or planning to attend;
				institutional program of study; and information concerning previous Nursing
				Scholarship or other State financial aid awards and service
				obligations.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-6 - Selection Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Vice
				Chancellor for Administration, in consultation with the Health Sciences
				Advisory Committee, shall select recipients for the Nursing Scholarship
				Program.
6.2. The Commission shall
				determine the number of awards based on the availability of funds in the
				program in any given program cycle.
6.3. The Commission shall give priority to
				in-state residents in awarding scholarships.
6.4. Recipients of the Nursing Scholarship
				may reapply for it each year they are eligible to receive it.
6.5. The Vice Chancellor shall process
				scholarship applications without regard to age, gender, race, disability,
				national origin, sexual orientation, veteran's status, or religion.
6.6. Nothing in this rule shall be construed
				as granting or guaranteeing any applicant or recipient a right to a
				scholarship.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-8 - Scholarship Agreement and Service Verification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each
				scholarship recipient shall sign a scholarship agreement, which fully discloses
				the terms and conditions under which a recipient is required to teach or
				practice nursing in West Virginia. The Vice Chancellor may not disburse Nursing
				Scholarship Program funds until he or she has received a signed agreement from
				the applicant.
8.2. The scholarship
				agreement shall contain the following provisions:
8.2.1. The recipient shall agree to teach or
				practice nursing in West Virginia for the period of time established by this
				rule. It is the recipient's responsibility to provide the Vice Chancellor for
				Administration with evidence of compliance with the teaching and/or practice
				requirements through the service verification process.
8.2.2. Upon completion of training, a
				recipient will receive a grace period of up to six months to locate employment
				that qualifies for fulfillment of the service requirement.
8.2.3. If a recipient fails to compete
				training or fails to timely provide verification of fulfillment of the service
				requirement as required by the scholarship agreement, he or she will be
				required to repay the scholarship.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-9 - Repayment of Scholarship

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If a recipient
				does not fulfill the service requirement, he or she is obligated to repay to
				the Commission the principal and the interest that accrues on the scholarship
				award. The recipient shall enter into a repayment agreement with the Commission
				governing the terms of repayment. The Vice Chancellor shall charge interest at
				the then-current rate prescribed by the Administrative Office of the West
				Virginia Supreme Court of Appeals. Interest shall begin to accrue at the time
				the repayment period begins.
9.2.
				If a recipient fails to complete the course of study funded by the Nursing
				Scholarship, interest on repayment shall accrue from the day on which the
				recipient withdrew from the nursing program.
9.3. If a recipient fulfills a portion of,
				but not the entire, service requirement due under the scholarship agreement,
				interest on repayment shall accrue from the day on which the recipient ceased
				to fulfill the service requirement.
9.4. In the event a recipient fails to
				fulfill the education or service requirements the recipient shall repay the
				Commission the full amount of the scholarship awarded within 60 days from the
				date of non-compliance. If extenuating circumstances exist, the Vice Chancellor
				may, upon receipt of documentation sufficient to demonstrate the circumstance,
				extend the repayment period from 60 days to 120 days. Extenuating circumstances
				include, but are not limited to, the recipient's temporary illness, injury, or
				disability; inability to secure a full-time position in a nursing or nursing
				education field; or serious family illness.
9.5. At any time during the repayment period
				described herein, the Vice Chancellor may grant forbearance to the recipient in
				order to prevent the recipient from defaulting on the repayment obligation or
				to permit the recipient to resume honoring the repayment obligation after
				default.
9.5.1. For purposes of this Section,
				"forbearance" means permitting the temporary cessation of payments, allowing an
				extension of time for making payments, or temporarily accepting smaller
				payments than previously were scheduled.
9.5.2. The Vice Chancellor may grant
				forbearance of payments of principal and interest under this Section only if he
				or she reasonably believes, based upon documentation or other evidence provided
				by the recipient, that the recipient intends to repay the obligation but, due
				to poor health or other extenuating circumstances, is currently unable to make
				the scheduled payments.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-10 - Forgiveness

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A
				recipient's service or repayment obligation is excused in the event the
				recipient:
10.1.1. Becomes permanently and
				totally disabled as documented by the sworn affidavit of a physician qualified
				to make such a determination submitted to the Vice Chancellor; or
10.1.2. Dies during the obligation period.
				The administrator or executor of the recipient's estate shall submit a copy of
				the death certificate to the Vice Chancellor.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-11 - Deferment

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. To be
				eligible for a deferment, a recipient must apply for and receive approval from
				the Vice Chancellor for Administration. The Vice Chancellor may grant a
				deferment to a recipient for periods of documented enrollment and attendance as
				a regular student in a full-time course of study at an accredited institution
				of higher education or for periods of documented active duty service as a
				member of the armed services of the United States;
Provided
,
				That the period of deferment shall not exceed four years. The Vice Chancellor
				may also grant a deferment to a recipient who fails a licensure examination on
				the first attempt;
Provided
, That the period of deferment
				shall not exceed six months from the recipient's graduation date. The Vice
				Chancellor may also grant deferments for other extenuating circumstances
				including documented disability, unemployment, or other economic hardship;
Provided
, That any deferment granted by the Vice Chancellor
				shall be limited to no more than two years.
11.2. If the Vice Chancellor for
				Administration approves the deferment request, a recipient may defer making
				scheduled installment payments and shall not be liable for any interest that
				might otherwise accrue during any approved deferment period.
11.3. In the event of non-compliance with the
				deferment terms, the recipient shall repay the full scholarship award to the
				Commission within 60 days from the date of non-compliance.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-58 - Nursing Scholarship Program › Section 133-58-12 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An
				applicant may appeal in writing to the Vice Chancellor the denial of an
				application for an initial award or renewal award within 15 days of receiving
				written notification of the decision. The Vice Chancellor shall issue a written
				decision upholding or reversing the initial decision within 15 days of receipt
				of the appeal. The decision of the Vice Chancellor is final.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-59 - Awarding Undergraduate College Credit for Prior Learning, Advanced Placement Credit, and College-Level Examination Program and Nursing Career Pathways › Section 133-59-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes guidelines for West Virginia public colleges and universities
				for the awarding of college credit for prior college-level learning through
				prior learning assessment, for acceptance of advanced placement credit,
				awarding of credit for the College-Level Examination Program, and awarding of
				credit for completion of the Nursing Career Pathway.
1.2. Authority. -- W. Va. Code §§
									18B-1-1A,
				18B-1-6,
				18B-1B-4,
				18B-2A-4,
				18-2E-11A.
1.3. Filing Date. -- October 5,
				2021.
1.4. Effective Date. --
				November 5, 2021.
1.5. Repeal of
				Former Rule. -- Repeals and replaces Title 133, Series 59, dated September 28,
				2018.