reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-04 - Provisions Governing Conduct › Section 127-4-2 - Sportsmanship

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Member schools
				are required to conduct all relations with other schools in a spirit of good
				sportsmanship. Acts which are prima facie evidence of failure to abide by this
				rule are those which are noted below and others of similar nature which violate
				the accepted code of good sportsmanship.
2.2. It shall be the responsibility of the
				home schools to take proper steps and precautions to insure that crowd and
				spectator control is handled reasonably at all interscholastic athletic
				contests including all post season athletic contests whether home or away. In
				addition to the spectators, attention must be directed to the safety, comfort,
				and security of the coaches, officials, and students. Their seating
				accommodations should protect them from spectator interference.
2.3. It shall be the responsibility of any
				team, student, coach, or attendant to remain in or a part of a contest until
				its normal end as provided by the National Federation Rules of that particular
				sport. The exception to the above would be provided by the same National
				Federation Rules of that particular sport. The penalty for a violation by a
				coach, student, or team attendant will not only involve ejection during that
				particular contest but shall also involve that student, coach, or team
				attendant not being a part of that school's team for the next regularly
				scheduled contest(s) or post season progression in a playoff tournament, as
				regulated in §127-4-3.7.3. The coach, student, or team attendant may
				practice in the days prior to the contest but may not dress or participate on
				the day of the contest. W. Va. §127CSR3, Provisions Governing Contests
				(Rule §127CSR3), section 8, further explains the forfeiture
				consequences.
2.4. It shall be the
				responsibility of a member school to use every means at its disposal to impress
				upon its faculty, student body, team members, coaching staff, and officials the
				values of sportsmanship in preparation for the conduct and management of
				interscholastic contests.
2.5. It
				shall be the responsibility of an administrator, spectator, student, or coach
				to follow those directions provided for in the Code for Interscholastic
				Athletics.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules and regulations
				govern band and other West Virginia Secondary School Activities Commission
				sanctioned activities.
1.2.
				Authority. -- W. Va. Constitution, Article XII, §2, and W. Va. Code
				§§
									18-2-5, 18-2-25, 18-2-25a, and 18-2-25b.
1.3. Filing Date. -- July 14, 2022.
1.4. Effective Date. -- September 12,
				2022.
1.5. Repeal of Former Rule.
				-- This legislative rule amends W. Va. 127CSR5, West Virginia Secondary School
				Activities Commission Series 5, Band Activities, filed August 10, 2018, and
				effective October 9, 2018.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-2 - Enrollment and Membership - Band

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All members
				of a member school band must be enrolled in that school; § 127-5-2.3 is the
				only exception.
2.2. Majorettes,
				flag corps, drill teams, etc. are considered an integral part of the band and
				shall be adjudicated and governed accordingly. Any performance by a majorette,
				member of a flag corps or drill team, without the band, shall not be considered
				a band activity.
2.3. Instrumental
				music students in 6th,
				7th, and 8th grades of a
				feeder school which does not have its own band and who receive their
				instruction from the band director of the high school band in which the
				students will eventually enroll shall be eligible to participate in the band
				directed by their instructor.
2.4.
				Participants in secondary school interscholastic band activities shall be
				eligible only for the number of years in which they are enrolled and attending
				a secondary school.
2.5. Students
				enrolled in schools serving grades five through eight may be eligible to
				participate in all band activities.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-3 - Scholarship - Band

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All high
				school students are required to be enrolled in the equivalent of at least four
				content area course credits toward graduation. Failure to earn passing marks in
				the equivalent of at least four content area courses toward graduation shall
				render a student ineligible for the following semester.
3.1.a. Two of those four content area course
				credits must be in English language arts, social studies, mathematics or
				science, and may or may not be in the same subject.
3.1.b. If a student has completed all state,
				county, and school requirements, they may select four full credits from any
				area of the curriculum offered by the school.
3.1.c. If a student is taking a multiple
				period block course, such as vocational courses for a full morning or
				afternoon, it may be counted as more than one course. The number of courses
				counted will be equal to the units of full credits given; however,
				§ 127-5-1.1 and § 127-5-1.2 apply.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-4 - Festivals - Band

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The West
				Virginia Secondary School Activities Commission (WVSSAC/Commission) Board of
				Directors (Board of Directors) shall divide the state into regions for the
				purpose of band festivals and shall have the authority to place bands in those
				regions. They shall also determine the time, place, and management of these
				events.
4.2. All bands
				participating in those festivals shall be composed of students that meet the
				qualification standards set forth in these rules.
4.3. The Board of Directors shall appoint
				directors for the festivals. One of their responsibilities will be to contract
				adjudicators for the festivals.
4.4. Newly established programs are not
				required to participate in the regional festival.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-5 - Sanctioning - Band

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. On or
				before September 1 of each school year, the Board of Directors shall provide
				each member school a list of approved school sponsored and non-school sponsored
				contests and activities in which member bands may participate during the
				ensuing year.
5.2. Additions to
				this list may be made after September 1 of each school year, provided that the
				request for approval is filed with the Commission office at least 30 days prior
				to the activity.
5.3. In order to
				qualify for approved participation in activities outside the home county and
				counties contiguous to the home county (including out-of-state), bands of
				member schools must have participated within the guidelines of the WVSSAC Band
				Festival Plan in the most recently conducted regional band festival.
5.4. A school band shall not be absent from
				school more than five school days each year for the purpose of participating in
				band activities.
5.5. The
				regulations above apply only during the regular school term.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-6 - Awards - Band

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Only a
				member school or a non-school organization sponsoring an activity approved by
				this Commission may give the following awards to a student or band: medal,
				trophy, cup, certificate, ribbon, plaque, unattached letter, unattached
				chevron, or similar award.
6.2. A
				student may accept as an individual or member of a school band the above
				specified awards in the following situations:
6.2.a. from a member school for
				participation;
6.2.b. in a
				sanctioned event; or
6.2.c. in a
				non-sanctioned event during the summer.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-7 - Classification of Schools - Band

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. There shall
				be three classes of schools for bands: Class AAA, Class AA, and Class A. The
				Board of Directors is authorized to determine the size of enrollment in each
				class.
7.2. Classification shall be
				determined every four years in the even numbered year and, when established,
				shall remain in effect for four school years. Classification shall be based on
				the second month's enrollment of the previous odd numbered year.
7.3. Enrollment standard for schools will be
				the active enrollment of the total number of students in grades 9, 10, 11, and
				12.
7.4. Member middle schools will
				not be given a classification.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-8 - Enrollment and Membership - Robotics

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All members
				of a member school robotics team must be enrolled in that school.
8.2. Participants in secondary school
				interscholastic robotics activities shall be eligible only for the number of
				years in which they are enrolled and attending a secondary school.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-9 - Scholarship - Robotics

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				students are required to be enrolled in the equivalent of at least four content
				area course credits toward graduation to participate in the state championship
				tournament. Failure to earn passing marks in the equivalent of at least four
				content area courses toward graduation shall render a student ineligible for
				the following semester.
9.1.a. Two of those
				four content area course credits must be in English language arts, social
				studies, mathematics, or science, and may or may not be in the same
				subject.
9.1.b. If a student has
				completed all state, county, and school requirements, the student may select
				four full credits from any area of the curriculum offered by the
				school.
9.1.c. If a student is
				taking a multiple period block course, such as vocational courses for a full
				morning or afternoon, it may be counted as more than one course. The number of
				courses counted will be equal to the units of full credits given; however,
				§ 127-5-1.1 and § 127-5-1.2 apply.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-10 - Events - Robotics

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board
				of Directors shall divide the state into regions for the purpose of regional
				and state events and shall have the authority to place the high school robotic
				teams in those regions. The Board of Directors shall also determine the time,
				place, and management of these events.
10.2. Regular season and state tournament
				events shall follow the rules listed in the robotic manual found on the WVSSAC
				website.
10.3 All high school
				robotic teams participating in regional and state tournaments shall be composed
				of students that meet the qualification standards set forth in these rules.
10.3.a. Member schools may host separate
				invitational robotics tournaments.
10.3.b. Member schools shall not participate
				in any interscholastic contest or practice against non-school teams (see
				§
										127-3-12) .
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-11 - Awards - Robotics

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Only a
				member school or a school sponsoring a sanctioned event may give the following
				awards to a student or team: medal, trophy, cup, certificate, ribbon, plaque,
				unattached letter, unattached chevron, or any similar award.
11.2. A student may accept on an individual
				or team basis the above specified awards in the following situations:
11.2.a. from a member school for
				participation; or
11.2.b. in a
				sanctioned event.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-05 - Band and Other Activities › Section 127-5-12 - Classification of Schools - Robotics

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. There
				shall be up to three classes of schools for robotics: Class AAA, Class AA, and
				Class A. The Board of Directors is authorized to determine the size of
				enrollment in each class.
12.2.
				Classification shall be determined every four years in the even numbered year
				and, when established, shall remain in effect for four school years.
				Classification shall be based on the second month's enrollment of the previous
				odd numbered year.
12.3. Enrollment
				standard for schools will be the active enrollment of the total number of
				students in grades 9, 10, 11, and 12.
12.4. Member middle schools will not be given
				a classification.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-06 - Violations Of The Rules › Section 127-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules govern the procedures for protests, contested cases and waiver of
				rules.
1.2. Authority. -- W. Va.
				Constitution, Article XII, §2 and W. Va. Code §
									18-2-25.
1.3. Filing Date. -- July 13, 2007.
1.4. Effective Date. -- September 11,
				2007.
1.5. Repeal of Former Rule.
				-- This legislative rule amends W. Va. 127CSR6, West Virginia Secondary School
				Activities Commission Series 6, Violations of the Rules, filed June 7, 2002 and
				effective August 6, 2002.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-06 - Violations Of The Rules › Section 127-6-2 - Powers of the Board of Directors to Impose Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All violations of rules and questions of
				dispute are within the power of the Board of Directors to investigate, through
				the Executive Director, or other authorized person or persons, and to impose
				such penalties as are prescribed elsewhere in this Constitution and Bylaws and
				as listed below.
2.2. If the Board
				of Directors finds a school guilty of violating the provisions of this
				Constitution and Bylaws, said Board of Directors has the power to:
2.2.1. Declare the school ineligible for
				championship honors or other activities for the current year in the activity in
				which the offense occurred.
2.2.2.
				Place the school on probation for a period of time not to exceed 365 days from
				date of such finding. Such probation may include the loss of voting rights for
				the member and/or the loss of the privilege of the member school to participate
				in any or all interscholastic events which are sanctioned, controlled or
				sponsored by this Commission, and/or the imposition of other restrictive
				measures as the Board of Directors may deem advisable.
2.2.3. Assess such fines as are deemed
				necessary and just.
2.2.4. Impose
				such other additional penalties as may seem justifiable in the particular case
				considered.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-06 - Violations Of The Rules › Section 127-6-3 - Method for Protests - Deputies

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If charges against any member of the
				Commission cannot be satisfactorily resolved by the Deputy Board Member in the
				region in which such charges originate, then the charges shall be submitted in
				writing to the Executive Director of the West Virginia Secondary School
				Activities Commission (WVSSAC).
3.2. If the Executive Director is unable to
				resolve the charges in a manner satisfactory to the schools concerned, he shall
				submit the protest to the Board of Directors and the decision of said Board
				shall be final except as provided in Section
				127-1-13.3.1 of the
				Constitution.
3.3. In no case shall
				a protest be heard by said Board unless the principal bringing the charges
				notifies in writing the principal of the school being protested. A copy of such
				notification shall accompany the protest sent to the Executive
				Director.
3.4. The principal of a
				school against which charges have been preferred shall be permitted to appear
				before the Board of Directors.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-06 - Violations Of The Rules › Section 127-6-4 - Method of Protests -Executive Director

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the Executive Director has reason to
				believe that any member of the WVSSAC has or is violating the rules of the
				Commission he shall make such investigation as he deems necessary to determine
				the innocence or guilt of the suspected member.
4.2. The Executive Director shall then report
				his findings to the principal of the offending school and set a time and place
				for a meeting with the principal of the school, at which meeting the principal
				shall be permitted to submit any pertinent evidence in defense of his
				school.
4.3. If the principal is
				not then satisfied with the decision of the Executive Director, a request may
				be made for a hearing before the Board of Directors at such time and place as
				is convenient for both the principal and the Board.
4.4. In no case shall the Board of Directors
				hear charges and render a decision unless the principal is given an opportunity
				to appear in defense of his school. After all evidence has been submitted, the
				Board of Directors shall render a decision which shall be final except as
				provided in §
									127-1-13.3 of the
				Constitution.
West Virginia Code of State Rules › Agency 127 - Secondary School Activities Commission › Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION › Series 127-06 - Violations Of The Rules › Section 127-6-5 - Method of Protests - Contested Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Commencement of an appeal in a contested
				case by an aggrieved party, hereinafter named the petitioner, shall be
				instituted by the filing of a verified petition which shall contain:
5.1.1. The name and address of the
				petitioner.
5.1.2. The interest of
				the petitioner.
5.1.3. A statement
				of facts.
5.1.4. A statement of
				jurisdiction.
5.1.5. A designation
				of the applicable rule or rules involved.
5.1.6. An assignment of errors relied
				upon.
5.1.7. A statement of the
				relief requested.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-01 - CLIENT SERVICES › Section 130-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This rule is being filed pursuant to W. Va. Code §§
									29A-3-1 et seq. and 18-10A-1 et seq. This rule references the Division of Rehabilitation Services' Client Services Manual which establishes the policies and procedures for the administration of the state/federal vocational rehabilitation program.
1.2. Authority. -- W. Va. Code § 18-10A-1 et seq.
1.3. Filing Date. -- April 30, 2007.
1.4. Effective Date. -- May 1, 2007.
1.5. Repeal and Replace -- This rule repeals and replaces the West Virginia Division of Vocational Rehabilitation Case Services Procedural Rule 130CSR1 with the West Virginia Division of Rehabilitation Services Client Services Legislative Rule.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-01 - CLIENT SERVICES › Section 130-1-2 - Description

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General Purpose. The West Virginia Division of Rehabilitation Services operates as the Designated State Unit for the administration of the vocational rehabilitation program as authorized by Title IV of the Workforce Investment Act of 1998 ( PL 105-220 ) and governed by 34 CFR Part 361. The purpose of the West Virginia Division of Rehabilitation Services is to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that they may prepare for and engage in gainful employment.
2.2. Client Services Manual. The West Virginia Division of Rehabilitation Services maintains a Client Services Manual that establishes the policies and procedures for the administration of the state/federal vocational rehabilitation services program. Federal law requires the Division to maintain written policies covering the nature and scope of the vocational rehabilitation services provided for in the law. The policies must ensure that the provision of services is based on the rehabilitation needs of each individual as identified in that individual's individualized plan for employment and the policies do not establish arbitrary limits on the nature and scope of services to be provided to the individual to achieve an employment outcome (Sections 12(c) and 101(a)(6)(A) of the Workforce Investment Act;  34 CFR 361.50  ).
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-01 - CLIENT SERVICES › Section 130-1-3 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Incorporation by Reference. The Client Services Manual maintained by the West Virginia Division of Rehabilitation Services is hereby incorporated by reference as a Legislative Rule. The Client Services Manual is available from the West Virginia Division of Rehabilitation Services.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-02 - Resources Manual › Section 130-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This rule is being filed pursuant to W. Va. Code §§
									29A-3-1 et seq. and 18-10A-1 et seq. This rule references the Division of Rehabilitation Services' Resources Manual which establishes the fee schedule for vocational rehabilitation services that may be purchased by the Division of Rehabilitation Services for its clients.
1.2. Authority. -- W. Va. Code § 18-10A-1 et seq.
1.3. Filing Date. -- April 30, 2007.
1.4. Effective Date. -- May 1, 2007.
1.5. Repeal and Replace -- This rule repeals and replaces the West Virginia Division of Vocational Rehabilitation Resources Manual Legislative Rule 130CSR2 with the West Virginia Division of Rehabilitation Services Resources Manual Legislative Rule.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-02 - Resources Manual › Section 130-2-2 - Description

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General Purpose. The West Virginia Division of Rehabilitation Services operates as the Designated State Unit for the administration of the vocational rehabilitation program as authorized by Title IV of the Workforce Investment Act of 1998 ( PL 105-220 ) and governed by 34 CFR Part 361. The purpose of the West Virginia Division of Rehabilitation Services is to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that they may prepare for and engage in gainful employment.
2.2. Resources Manual. The West Virginia Division of Rehabilitation Services maintains a Resources Manual that establishes a fee schedule for vocational rehabilitation services that may be purchased by the Division of Rehabilitation Services for its clients. Federal law authorizes the West Virginia Division of Rehabilitation Services to establish a fee schedule that ensures reasonable cost to the program for each service provided through the vocational rehabilitation program. The fee schedule cannot be so low that it denies an individual a necessary service and the Division must permit exceptions so that individual needs can be addressed (  34 CFR 361.50  ). The West Virginia Division of Rehabilitation Services bases its fee schedule on rates set by the Public Employees Insurance Agency, Medicaid, and Medicare. The Division's fee schedule does not exceed the highest state payor.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-02 - Resources Manual › Section 130-2-3 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Incorporation by Reference. The Resources Manual maintained by the West Virginia Division of Rehabilitation Services is hereby incorporated by reference as a Legislative Rule. The Resources Manual is available from the West Virginia Division of Rehabilitation Services.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-03 - Low Vision Driver Training Program › Section 130-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The West Virginia Division Rehabilitation Services is responsible for developing and overseeing a Low Vision Driver Training Program that allows qualified individuals with low vision to utilize bioptic telescopic devices to drive in West Virginia. This rule establishes the criteria, including visual standards, required for acceptance into a Low Vision Driver Training Program. The rule also establishes curriculum requirements for the Low Vision Driver Training Program and sets standards for the successful completion of the Low Vision Driver Training Program provided by the Division of Rehabilitation Services.
1.2. Authority. -- W. Va. Code §
									17B-2B-10.
1.3. Filing Date. -- April 29, 2009.
1.4. Effective Date. -- July 1, 2009.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-03 - Low Vision Driver Training Program › Section 130-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Bioptic telescopic device" means a two focus optical system used to magnify distant objects by including a small telescope that is mounted in a spectacle lens so as to allow an unobstructed view of the horizontal visual field through normal distance corrective lenses.
2.2. "Commissioner" means the Commissioner of the West Virginia Division of Motor Vehicles.
2.3. "Division" means the West Virginia Division of Rehabilitation Services.
2.4. "Experienced Driver" means someone who has been previously licensed through the Division of Motor Vehicles.
2.5. "Novice Driver" means a person with little or no driving experience.
2.6 "Program" means Low Vision Driver Training Program.
2.7. "Restricted out-of-state driver" means a person who has been issued, by another state, a valid driver's license with a restriction requiring the driver to use a bioptic telescopic device.
2.8. "Visual acuity" means the measure of a person's clarity of vision based on the Snellen visual acuity scale.
2.9. "Visual field" means the area of physical space visible to the eye in a given fixed position.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-03 - Low Vision Driver Training Program › Section 130-3-3 - Low Vision Driver Training Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Criteria for Acceptance into the Program. The criteria for acceptance into the Program provided by the Division are as follows:
3.1.1. General Eligibility Criteria. To be eligible for the Program, an applicant must:
3.1.1.1 Be eligible for services from the Division;
3.1.1.2. Agree to pay the Division for the cost of participating in the Program on a fee for service basis and agree to pay for the cost of the bioptic telescopic device or other equipment necessary to participate in this program; or
3.1.1.3. Secure other funding sources to pay the Division for the cost of participating in the Program on a fee for service basis and to pay for the cost of the bioptic telescopic device or other equipment necessary to participate in this program.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-04 - Rules Of Procedure For hearings involving applicants who have been denied attendant care services › Section 130-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These procedural rules establish the general procedures for conducting fair hearings for applicants who appeal the Division's decision denying them attendant care services. Section 2300 of the West Virginia Division of Vocational Rehabilitation Manual dealing with fair hearings shall be controlling when dealing with this fair hearing process.
1.2. Authority. -- W. Va. Code ''18-10A-1 thru 15; W. Va. Code '18-10-4A.
1.3. Filing Date. -- December 2, 1986.
1.4. Effective. -- January 1, 1987.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-04 - Rules Of Procedure For hearings involving applicants who have been denied attendant care services › Section 130-4-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
These procedural rules shall apply to every applicant who has been denied attendant care services by the Division.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-04 - Rules Of Procedure For hearings involving applicants who have been denied attendant care services › Section 130-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Director-shall mean the director of the West Virginia Division of Vocational Rehabilitation.
3.2. Division-shall mean the West Virginia Division of Vocational Rehabilitation.
3.3. Attendant Care Services-shall mean services which include, but are not limited to:
(a) routine bodily functions such as bowel and bladder care;
(b) dressing;
(c) ambulation;
(d) meal preparation and consumption;
(e) assistance in moving in and out of bed;
(f) bathing and grooming;
(g) housecleaning and laundry; and
(h) any other similar activity of daily living.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-04 - Rules Of Procedure For hearings involving applicants who have been denied attendant care services › Section 130-4-4 - Application For Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Anyone can apply for attendant care services provided he or she is eighteen (18) years of age or older, is severely physically disabled, and is a citizen of the State of West Virginia.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-04 - Rules Of Procedure For hearings involving applicants who have been denied attendant care services › Section 130-4-5 - Right To Appeal Decision If Denied Attendant Care Services

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Division of Vocational Rehabilitation shall be responsible for establishing an appeals procedure for those applicants who have been denied attendant care services.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-04 - Rules Of Procedure For hearings involving applicants who have been denied attendant care services › Section 130-4-6 - Responsibility To Inform All Applicants Of Their Right To Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. During the initial application interview, the Division through its duly authorized representative, such as a Rehabilitation Counselor, District Supervisor, or the Division employee responsible for the Attendant Care Program, shall inform all applicants of their right to appeal a decision of the Division.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-04 - Rules Of Procedure For hearings involving applicants who have been denied attendant care services › Section 130-4-7 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. After applying for Attendant Care Services, the applicant will be evaluated by a certified evaluation unit.
7.2. The recommendations of the certified evaluation unit are forwarded to the Division.
7.3. If the decision is to deny an applicant for Attendant Care services, the applicant shall have the right to appeal the decision under the following Division guidelines, as more specifically outlined in Section 2300 of the West Virginia Division of Vocational Rehabilitation Case Services Manual.
(a) Local Reconciliation-This procedure is done at the local level on an informal basis. The purpose of a local reconciliation is to settle the matter locally without having to go to the expense of an administrative review and a possible fair hearing. Those present at the local reconciliation are the applicant, the applicant's rehabilitation counselor, and the counselor's immediate supervisor.
(b) Administrative Review-When local reconciliation fails to satisfy the applicant, he/she has the right to request and receive an administrative review. The review will consist of a detailed examination of the complaint as stated by the applicant, a review of the recommendations made by the certified evaluation unit, and any statements made by the applicant's rehabilitation counselor or the applicant in response to requests of the reviewing official. The client has the right to be at the administrative review.
(c) Fair Hearing-If the applicant is not satisfied with the decision made by the reviewing official at the administrative review, he/she has a right to request and receive a fair hearing. The fair hearing will be conducted by a disinterested Agency employee appointed by the Director on the basis of the employee's demonstrated ability in conducting hearings. The hearing is to be held not later than thirty (30) days from the date received by the Hearing Examiner. The Hearing Examiner will prepare a detailed summary of the hearing and submit it to the Chairman, Board of Review, within fifteen (15) working days from the date of the hearing. The Chairman, Board of Review, will submit the Board's recommendation to the Director. The Director will act on the recommendation within ten (10) working days of its receipt. The Chairman, Board of Review, will prepare a letter to the client advising him of the decision of the fair hearing as arrived at by the Director.
The decision of the director in the fair hearing is final and binding on the part of the Agency. After the decision is made, the applicant's recourses for relief from within the Agency are exhausted. Any client has the right to seek judicial review after all administrative appeals are exhausted.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These procedural rules set forth the means by which the time and place of all regularly scheduled meetings of the Consumer Advisory Committees, and the time, place and purpose of all special meetings are made available in advance to the public and the news media, except in the event of an emergency requiring immediate official action, and also sets forth certain bylaws of the Committees. These procedural rules also outline the basic purposes of the Committees and the make-up and responsibilities of their membership. These Committees and the rules established hereto regarding their function shall also be construed to apply to matters related to the Attendant Care Program. Committees shall advise on Agency policies and procedures in all areas described above.
1.2. Authority. -- W. Va. Code ''18-10A-1 through 15; and '18-10-4A.
1.3. Filing Date. -- December 12, 1986.
1.4. Effective Date. -- January 11, 1987.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
These procedural rules shall apply to the Committees and any and all individuals desiring to attend or to address the Consumer Advisory Committees.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Committees-The Consumer Advisory Committees.
3.2. Division-The West Virginia Division of Vocational Rehabilitation.
3.3. Director-Director, West Virginia Division of Vocational Rehabilitation.
3.4. Meeting-The convening of a governing body of a public body for which a quorum is required.
3.5. Quorum-A simple majority of the constituent membership of the Committees.
3.6. Officers-Individuals who serve on the Board of Directors of the Committees.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-4 - Regular Meetings Established; Time, Place

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Regular meetings shall be held generally on a quarterly basis as determined by the membership of each local committee.
4.2. The Committees shall usually convene all regular meeting in those local Vocational Rehabilitation Offices where established. Members shall be notified by written notice and/or telephone. A public Notice shall be posted at the local office.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-5 - Special Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Committees may convene special meetings when deemed necessary by the members.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-6 - Proceeding To Be Open; Exceptions Executive Session Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Notwithstanding any other provision of law or regulation, all meetings of the Committees shall be open to the public, except as provided in Chapter 6, Article 9A, Section 4 of the West Virginia Code.
6.2. An executive session may be held only upon a majority affirmative vote of the members present.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-7 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Consumer Advisory Committees shall provide for the preparation of written minutes of all its meetings. All such minutes shall be available to the public within a reasonable time after the meeting and shall include the following information:
(a) The date, time and place of the meeting;
(b) The name of each board member present or absent;
(c) All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing the same and their disposition;
(d) The results of all votes shall be recorded; and
(e) Minutes of executive sessions may be limited to material which is not inconsistent with the provisions of Chapter 6, Article 9A, Section 4 of the West Virginia Code.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-8 - Quorum; Majority Vote Required; Vote by Proxy Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A majority of the constituent members of the Committees shall constitute a quorum.
8.2. The vote of a majority of all members present at any meeting of the Committees shall be necessary to take any action. The Committees shall authorize the chairman to poll absent members by telephone regarding the release of a rule for public hearing if a quorum is not present.
8.3. Proxy voting is hereby prohibited.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-9 - Records Of The Committees To Be Public

Current through Register Vol. XLI, No. 28, July 12, 2024
All records and proceedings of the Committees are public records and shall be available to the public during the usual customary business hours of the department.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-10 - Election Of Officers; Vacancies

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. There shall be a chairman, a vice-chairman, and a secretary-treasurer elected by the whole Committees to serve one-year terms and be eligible for reelection to succeed themselves.
10.2. Elections shall be held the first meeting of the calendar year.
10.3. All officers shall be members of the board of directors. The manager of the local Vocational Rehabilitation office or their representative shall serve as a non-voting member.
10.4. A vacancy shall occur due to death; resignation; failure to attend three (3) consecutive meetings; or removal by the board of directors for misconduct, incompetence, or deemed in the best interest of the organization.
West Virginia Code of State Rules › Agency 130 - Vocational Rehabilitation › Title 130 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 130-06 - Rules Of Procedure For Consumer Advisory Committees, Meetings And Duties › Section 130-6-11 - Membership

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Committees shall consist of disabled citizens who may, or may not, be recipients of Vocational Rehabilitation services. Members of disabled persons' families, advocates and members of disabled advocacy organizations, service providers, professionals in the field of Vocational Rehabilitation, and citizens who are in support of the purpose and policy of the Consumer Advisory Committee shall be eligible for membership.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-01 - Certificate Definitions › Section 132-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The Juris­diction
				Committee of the Joint Commission is fulfilling a re­quire­ment
				set forth by the Leg­islature to develop a consis­tent plan for
				certificate pro­grams.
1.2.
				Authority. -- W. Va. Code '18-2B-2(b).
1.3. Filing Date. -- Sep­tember 7,
				1995.
1.4. Effective Date --
				Oc­tober 9, 1995.
West Virginia Code of State Rules › Agency 132 - Vo-Tech Occupational Education › Title 132 - INTERPRETIVE RULE WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION › Series 132-01 - Certificate Definitions › Section 132-1-2 - Collegiate Certificate Program

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. An
				educational certif­icate program offered by insti­tutions of
				higher education containing specific academic requirements and technical
				com­petencies appropriate to meet current workplace objectives. Programs
				will consist of no less than 32 college credit hours, which may be the first
				year of an associate degree program.