reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-12 - Motions, Objections, and Correspondence

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General
A copy of all
				  correspondence, motions, objections or other documents provided to the Office
				  of Judges regarding any issue in litigation shall be provided to all counsel of
				  the other parties (or to the party if not represented by counsel). Some
				  indication that copies were provided to all other parties must accompany the
				  documents provided to the Office of Judges. Members of the West Virginia Bar
				  must provide his or her Bar membership number with any correspondence, filings,
				  motions, objections, or other documents.
12.2. Motions or Objections in
				Writing
Any motion or objection may be made in writing. The motion shall
				  clearly set forth all grounds, facts, and authorities in support of the motion.
				  Any response by an opposing party shall be filed in writing with the Office of
				  Judges within fifteen (15) days of receipt of the motion, and shall set forth
				  all matters in opposition to the motion.
12.3. Motions or Objections During
				Hearing
A motion or objection may be made on the record, orally or in
				  writing. The motion shall clearly set forth all grounds, facts and authorities
				  in support of the motion. The opposing party, if present, shall have the right
				  to set forth matters in opposition to such motion on the record. The absence of
				  a party shall not be grounds for delay in ruling upon any motion, or grounds
				  for reconsideration of any ruling made, absent a written motion for
				  reconsideration and an affirmative showing of good cause for such nonappearance
				  by the opposing party.
12.4. Rulings Interlocutory in
				Nature
All rulings upon motions shall be interlocutory in nature and may
				  not be appealed except in conjunction with a final decision unless specifically
				  noted otherwise in the ruling on the motion.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-13 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. General
In order to promptly and
				  efficiently process cases the parties are encouraged, particularly for the
				  purpose of cross-examining expert witnesses, to use depositions to the maximum
				  extent possible. Accordingly, depositions may be obtained and used for
				  evidentiary purposes without prior consent of the Office of Judges. Depositions
				  shall be conducted in accordance with section 8 [93-1-8 et seq.] of this rule,
				  except that an Administrative Law Judge or Hearing Examiner need not be present
				  and any person otherwise qualified and authorized to administer oaths or
				  affirmations may do so to the deponents. Objections to questions asked in a
				  deposition will be noted upon the record along with the grounds for the
				  objection, and the question shall be answered with the question and answer
				  transcribed as a part of the deposition on avowal. Motions relative to any
				  objections made shall be submitted in writing to the Office of Judges within
				  fifteen (15) days after either party tender the deposition to be made a part of
				  the record. A ruling on motions as to the admissibility or inadmissibility of
				  any questions and answers objected to will be rendered in a timely
				  manner.
13.2.
				Procedure
The taking of a deposition shall be by agreement of the parties
				  or upon reasonable notice to the deponent and all parties or, if the party is
				  represented by counsel, their counsel of record. Notice shall be in writing and
				  shall contain the date, time and place of the deposition as well as the name
				  and address of each person to be deposed. The cost of court reporter services
				  shall be borne by the party requesting the deposition, unless the Offices of
				  the Insurance Commissioner agrees as a policy to assume the cost. The cost of
				  witness fees and expenses shall be the obligation of a party as provided in
				  subsection 8.4(F) [93-1-8.4(F)] of this rule. Parties are encouraged to utilize
				  depositions to obtain testimony whenever possible.
13.3. Telephone Depositions
Depositions
				  may be taken by telephone conference call as if taken in person. The procedure
				  shall be the same as set forth in subsection 13.2 [93-1-13.2]. Costs incurred
				  in the taking of telephone depositions shall be borne as provided in subsection
				  13.2 [93-1-13.2].
13.4.
				Use
Use of any deposition shall be subject to objection as in Circuit
				  Court. The admission of any deposition into evidence may be denied if it
				  appears that the deposition was taken at such place and under such
				  circumstances as to impose an undue burden or hardship upon the opposing
				  party.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-14 - Dismissals of Claims and Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Dismissal,
				or Withdrawals, of Protests
Upon motion of any party, upon request of the
				  protesting party, or as a sanction permitted the Office of Judges by these
				  rules, any protest pending before the Office of Judges can be dismissed from
				  litigation.
14.2. Dismissal
				of Claims
The Office of Judges does not have statutory authority to
				  dismiss a claim. The Office of Judges' jurisdiction is limited solely to
				  pending protests. Any motion, or request, to dismiss a claim must be directed
				  to the claims administrator.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-15 - Adding or Dismissing Chargeable Employers and Carriers

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Requirements
When it appears that
				  another employer may have liability for some, or all, of the claim, the Office
				  of Judges shall notify the potentially chargeable employer, and its carrier, of
				  the right to participate in the ongoing litigation.
No employer may be added by final decision, and no employer
				  may be dismissed by final decision, until after all other potentially
				  chargeable employers and their carriers have been given notice and the
				  opportunity to appear. The final decision may take the form of a remand to the
				  proper claim administrator, or the Offices of the Insurance Commissioner, for
				  additional investigation and entry of a new order. However, remanding the claim
				  is not an available outcome when a dispute exists over which administrator has
				  jurisdiction over the claim. In the latter event, the administrative law judge
				  will determine which claim administrator has administrative authority and
				  jurisdiction.
The burden is on the moving party to provide sufficient claim
				  identifying information from which the Office of Judges can determine the
				  specific identity of the other employer and/or carrier.
15.2. Tolling of Statute of Limitations for
				Claim Filings
Pursuant to W. Va. Code §
										23-5-1(b)(2)(C), the Office of
				  Judges has authority to toll any statute of limitation by directing
				  that:
A. An application for benefits
				be designated as a petition to reopen, effective as of the original date of
				filing; or
B. A petition to reopen
				be designated as an application for benefits, effective as of the original date
				of filing; or
C. An application for
				benefits or petition to reopen with any claim administrator be designated as
				either with any other claim administrator, effective as of the original date of
				fling.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-16 - Decisions; Other Resolutions; and Motions to Reconsider

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Decisions
Pursuant to W. Va. Code §
									23-5-9(d), the Office of Judges shall issue a written decision containing findings of fact and conclusions of law for all protests submitted for decision. This decision, a copy of which will be mailed to all the parties and their counsel of record, shall be subject to appeal to the Worker's Compensation Board of Review pursuant to W. Va. Code §
									23-5-10.
16.2. Other Resolutions
				of Protests
The Office of Judges may resolve a protested issue by ruling
				  or order where the protesting party fails to comply with a properly served
				  subpoena, withdraws its protest, fails to prosecute its protest, or for any
				  other reason the Chief Administrative Law Judge deems appropriate.
16.3. Motions to
				Reconsider
Any party may file a motion to reconsider any final resolution
				  of a protest. Such relief should not be sought, and will not be granted, where
				  the sole basis for the motion is disagreement with the reasoning of the
				  decision. Motions to reconsider shall be granted only when clerical or
				  administrative error has occurred in the decision.
Examples of the type of error correctable by this relief
				  include, but are not limited to:
A.
				Mathematical or typographical errors;
B. Failure to discuss or mention relevant
				evidence or argument timely submitted;
C. Failure to rule upon a pending motion or
				other information indicating that the issue was prematurely decided.
Such
				  motion must be filed within thirty (30) days of the date of receipt of the
				  decision. The filing of a motion for reconsideration shall not toll the running
				  of the jurisdictional time limits for filing an appeal with the Workers'
				  Compensation Board of Review.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-18 - Failure of Administrator to Timely Rule on Application, Petition, or Motion

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Scope
W. Va. Code §
										23-4-1c(a)(3) provides a remedy to the claimant
				  when the private carrier or self-insured employer fails to timely issue a
				  ruling, as provided by law, on any application or motion. The Offices of the
				  Insurance Commissioner, and its third party administrators, are not
				  specifically included in the statute and are, therefore, not subject to this
				  process.
18.2. Initiation
				of Process
In order to initiate this process, the claimant must submit in
				  writing to the Office of Judges a statement setting forth the following
				  information:
A. The claimant's name,
				address, phone number, social security number, date of injury (or last
				exposure), employer's name and address, and insurer's name;
B. The policy number, claim number, and case
				number, if known;
C. The nature of
				the action requested of the insurer;
D. The date the action was requested of the
				insurer;
E. The address to which
				the request was mailed or delivered.
The Office of Judges will provide a
				  form for the submission of the required information.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-19 - Unreasonable Denials and Attorney Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Scope
Pursuant to W. Va. Code §
									23-2C-21(c), if the denial of compensability, initial award of TTD, or medical authorization is determined by the Office of Judges to be unreasonable, then reasonable attorney fees and expenses will be paid to the claimant by the private carrier, or self-insured employer, which issued the unreasonable denial. The Offices of the Insurance Commissioner, and its third party administrators, are not specifically included in the statute and are, therefore, not subject to this process.
For purposes of this section, "denial of initial award of TTD" shall mean the instance where the claim is ruled compensable on a "medical only" or "no-lost-time" basis and the private carrier or self-insured employer unreasonably fails to make an initial award of temporary total disability benefits. The denial of an "initial award of TTD" does not mean the denial of any extension or reopening of TTD.
19.2. Initiation of Process
At the
				  conclusion of all litigation and appeals, if the initial denial of the claim,
				  initial award of TTD, or medical authorization, has been reversed, the claimant
				  may then submit to the Office of Judges an allegation that the denial was
				  unreasonable under the definition provided by 23-2C-21(c).
The process is initiated upon receipt by the Office of Judges
				  of the claimant's allegation, in writing, with a copy to the employer. Notice
				  of the allegation must be filed with the Office of Judges within ninety (90)
				  days of the final decision of final appeal outcome.
19.3. Filing of Evidence and
				Argument
The Office of Judges will issue a Time Frame Order setting forth
				  the time limits for the filing of evidence and argument by either party in
				  support of, or opposition to, the allegation.
In as much as the statute requires a determination of the
				  unreasonableness of the carrier's action at the time of the denial, evidence
				  introduced by the claimant after the denial, in support of the protest to the
				  denial, is not relevant and will not be considered on the issue of
				  unreasonableness.
19.4.
				Unreasonable Denial Defined
A denial shall be unreasonable if the denial
				  by the private carrier or self-insured employer is without a legal or factual
				  basis. The legal basis for a denial may be based upon any of the
				  following:
A. Statutes;
B. Rules of the Insurance
				Commissioner;
C. Case law;
				or
D. In the absence of relevant
				West Virginia case law, recognized legal treatises on workers'
				compensation.
The mere fact that an initial denial decision is eventually
				  reversed or overturned upon appeal does not prove or imply that the denial
				  decision was unreasonable.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-21 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of these rules or the application thereof to any person or circumstances is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or application of these rules, and to this end the provisions of these rules are declared to be severable.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- These procedural rules shall
				govern the time periods within which contested claims before the
				Workers'Compensation Office of Judges shall be decided.
1.2. Authority -- W. Va. Code
				§§
									23-5-8, 23-5-9, 29A-3-3.
1.3. Filing Date -- April15, 2004.
1.4. Effective Date -- July 1,
				2004.
1.5. Purpose -- The purpose
				of this rule is to establish time standards for the processing of protests
				before the Workers' Compensation Office of Judges in order that the parties to
				such litigation may receive decisions without unreasonable delay.
1.6. These rules supersede those promulgated
				with an effective date August 1, 1999.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Acknowledgment of Protest - A written
				acknowledgment by the Office of Judges that a timely and proper objection to a
				decision of the Workers' Compensation Commission or self-insured employer has
				been filed with the Office of Judges
2.2. Final Decision - Written decision by the
				Office of Judges which adjudicates a protest or protests and which is
				appealable to the Workers' Compensation Board of Review as provided by W. Va.
				Code §
									23-5-12 or any order which concludes litigation in any
				protest.
2.3. Protest - An
				objection to an order of the Workers' Compensation Commission or self-insured
				employer received by the Office of Judges and made pursuant to W. Va. Code
				§
									23-5-1(b) by which an employer, claimant or dependent has expressed a
				desire to litigate the issue before the Workers' Compensation Office of
				Judges.
2.4. Submission - Date of
				receipt by the Office of Judges of a motion or date of receipt by the Office of
				Judges of response to a motion by opposing party.
2.5. Time Frame Order - An order scheduling
				the presentation of evidence by all parties to the litigation of a claim. A
				time frame order may be amended or extended by the Office of Judges at the
				request of one or more of the parties for good cause shown.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-3 - Implementation of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Applicability - These rules shall apply to protests filed on or after July 1,
				2004, excluding protests on which an extension of the time frame was granted by
				the Office of Judges, or protests which were withdrawn by the party filing it.
				The percentage of final decisions that must be at or under the applicable time
				standards as provided in §
									93-2-6 of these rules is 80% by January 1,
				2001
3.2. Reporting - On September
				1 of each year the Chief Administrative Law Judge shall file a report with the
				Governor, the Joint Legislative Committee on Government and Finance or such
				other committee as shall be designated by the President of the Senate and the
				Speaker of the House, and with the Workers' Compensation Board of Managers
				indicating the degree of compliance with these rules. Such report shall
				include, with respect to any area of non-compliance with these rules, the
				reasons for non-compliance together with a plan to secure compliance with these
				rules.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-4 - Motions

Current through Register Vol. XLI, No. 28, July 12, 2024
All motions shall be acted upon by the Office of Judges within forty-five (45) days of the date of submission of said motion or on the date of the final decision, whichever is earlier. Any party may file a response to any motion but such response must be filed within 15 days from the date of receipt of said motion.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-5 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
Other than final PTD hearings and OP Board hearings, all hearings will be scheduled by the Office of Judges within 60 days from the receipt of the request for hearing.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-7 - Issuance of Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
The Office of Judges shall issue sixty percent (60%) of its decisions within thirty (30) days of the Order to Submit; eighty percent (80%) of its decisions within sixty (60) days of the Order to Submit; and one hundred percent (100%) of its decisions within ninety (90) days of the Order to Submit.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-02 - Rules On Time Standards For The Workers Compensation Office Of Judges › Section 93-2-8 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of this rule or the application thereof to any entity or circumstances shall be held invalid, such invalidity shall not effect the provisions or the applications of this rule which can be given affect without the invalid provisions or applications and to this end the provision of this rule are declared to be severable.
Commentary
The time frames set forth herein recognize that there are different types of issues in Workers' Compensation litigation. Because of the nature of the issues and the complexity of the issues, it is appropriate to process certain issues more rapidly than others. For example, for obvious reasons, treatment issues should be resolved as rapidly as possible. Reopening issues, because they typically do not involve the necessity of additional evidentiary development, may be concluded expeditiously. On the other hand, permanent disability issues usually involve evidence from medical and other professional disciplines and more time is needed to properly develop those cases.
The rules attempt to balance the need for prompt resolution of disputes and the ability of the parties to appropriately develop the evidence needed for a reasoned decision. In addition the rules take into account the administrative time necessary to process and decide the protests. The vast majority of protests can be acknowledged and time framed within 30 days from receipt of the protest. After evidentiary development is completed, the Office of Judges must determine that the case is ready for decision and abstract the issues. The case is then ready for the decision making and the decision writing process. These activities ordinarily require 60 to 90 days after completion of the evidence by all parties.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W. Va. Code §
									6-9a-3 of 1931, as amended, mandates that the West Virginia Regional Jail and Correctional Facility Authority shall promulgate rules by which the time and place of all regularly scheduled meetings 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.
1.2. Authority. -- W. Va. Code §§
									6-9A-3 and 31-20-4.
1.3. Filing Date. -- January 18, 2008.
1.4. Effective Date. -- February 18, 2008.
1.5. Amends Former Rule. -- This filing amends the previous rules filed on September 20, 1989 and effective October 19, 1989.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
These procedural rules shall apply to the West Virginia Regional Jail and Correctional Facility Authority, its Board and any and all individuals desiring to attend or to address the Board. The enforcement of these regulations shall be vested with the chairman of the West Virginia Regional Jail and Correctional Facility Authority.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Authority. -- The West Virginia Regional Jail and Correctional Facility Authority, as created by W. Va. Code §
									31-20-1.
3.2. Board. -- The governing body of the authority, as defined at W. Va. Code §
									31-20-4.
3.3. Chairman. -- The member of the authority elected by the Board members on the second Monday of each July of each odd-numbered year to serve as chairman for a two year period.
3.4 Electronic Appearance- Presence at a board meeting through the use of telephone, videoconferencing, or other electronic means which permits the member to participate in the meeting discussions, and voting.
3.5. Meeting. -- The convening of a governing body of a public body for the transaction of business for which a quorum is required.
3.6. Member. -- A person on the Board of the authority or, where permitted by W. Va. Code §
									31-20-3, their designated representative.
3.7. Quorum. -- A simple majority of the voting membership of the Board.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-4 - Regular Meetings Established; Place

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board shall meet in regular session on the second Monday of July of each year and in each odd-numbered year shall elect a chairman and a secretary. In addition to the meeting on the second Monday of July, the Board shall meet in regular session on a quarterly basis.
4.2. The Board shall convene all regular meetings in the Conference Room of the authority1325 Virginia Street, East, Charleston, West Virginia 25301, unless otherwise changed by a majority vote of those Board members physically or electronically present and voting.
4.3. The Board may, without notice, move the location of the meeting to accommodate members of the public who wish to attend such meeting in the event the meeting room is too small to accommodate such attendance.
4.4. All regular meetings shall be general meetings for the consideration of any and all matters which may properly come before the Board.
4.5 Members of the board may attend meetings in person, telephonically, or by other electronic means.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-5 - Special Meetings; Notice Required, Time, Place and Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board may convene special meetings in accordance with the procedures established herein.
5.2. Special meetings of the Board may be called by the chairman at his own initiative, or upon the written request of a majority of the Board members or the Executive Director.
5.3. The chairman shall send to all members of the Board, at least five (5) days in advance of a special meeting, a written notice setting forth the time and place of such special meetings and the matters to be considered at such special meeting: Provided, that such written notice is not required if the time, the place and the matters for consideration have been fixed in a regular meeting or if all the members of the Board are physically or electronically present at a special meeting.
5.4. The chairman shall cause the notification of the public and the news media by issuing a public notice of such meeting at least five (5) days in advance of such meeting. The public notice shall contain the time, place and the general nature of the matters to be considered: Provided, that notice for any special meeting, which is for the purpose of approving or passing a bond issue, shall be given at least ten (10) days in advance in the manner prescribed above and by a Class I legal advertisement. A copy of such public notice shall be filed with the office of the Secretary of State and distributed to the press room of the Capitol.
5.5. The provisions of this section shall not apply in the event of an emergency requiring the immediate official action by the Board.
5.6. The Executive Director shall be responsible for making the notifications herein required, at the direction of the chairman.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-6 - Proceeding to be Open; Exceptions; Executive Session Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Not withstanding any other provision of law or regulation, all meetings of the Board shall be open to the public, excepting the provisions of W. Va. Code §
									6-9a-4.
6.2. An executive session may be held only upon a majority affirmative vote of the Board members physically or electronically present for the discussion of those matters permitted by W. Va. Code §
									6-9a-4.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-7 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The secretary of the Board shall provide for the preparation of written minutes of all meetings of the Board. All such minutes shall be available to the public within a reasonable time after the meeting and shall include the following:
7.1.1. The date, time and place of the meeting;
7.1.2. The name of each Board member present, appearing electronically, and absent;
7.1.3. All motions, proposals, resolutions, orders, ordinances and measures proposed, the name of the person proposing same and the disposition of such motion, proposal, resolution, order, ordinance or measure;
7.1.4. The results of all votes and, upon request of a Board member, the vote of each Board member, by name;
7.1.5. Minutes of executive sessions may be limited in a manner not inconsistent with the provisions of W. Va. Code §
										6-9a-4.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-8 - Quorum; Majority Vote Required; Designated Representative Voting is Permitted by W. Va. Code Section 31-20-3

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A qualified member of the Board, or their designee as provided by W. Va. Code §
									31-20-3, are permitted to vote. A designee shall provide written designation to the Board Chairman at the time of the meeting.
8.2. A majority of the voting members of the Board or their designated representatives shall constitute a quorum. The affirmative vote of a majority of all members physically or electronically present at any meeting shall be sufficient to approve any action.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-01 - Regulations For The Establishment Of Regular Meetings By The WV Regional Jail And Correctional Facility Authority › Section 94-1-9 - Records of the Board - Public Document

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All records and proceedings of the Board are public records and shall be available to the public during the usual and customary business hours of the authority.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-02 - Regulations For Public Hearings To be Held before Beginning Construction, Acquisition Or Renovation Of New Facilities Or Existing Facilities not Currently being Used as Jails, For use as A Regional Jail, Correctional Facility Or Private Prison › Section 94-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W. Va. Code ''31-20-5 and 25-5-10, as amended, mandates that the West Virginia regional jail and correctional facility authority promulgate rules and regulations for site selection and the public hearings required to be held prior to beginning construction, acquisition or renovation of any new facility or any existing facility not then used as a jail for use as a regional jail or prison facility. Rules for notice and other procedures of said public hearings shall be as similar as practicable to those hearings conducted regarding the construction of bridges by the West Virginia Department of Highways.
1.2. Authority. -- W. Va. Code ''31-20-5 and 25-5-10.
1.3. Filing Date. -- February 3, 1999.
1.4. Effective Date. -- April 5, 1999.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-02 - Regulations For Public Hearings To be Held before Beginning Construction, Acquisition Or Renovation Of New Facilities Or Existing Facilities not Currently being Used as Jails, For use as A Regional Jail, Correctional Facility Or Private Prison › Section 94-2-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application and Enforcement. -- These procedural rules shall apply to the West Virginia regional jail and correctional facility authority, its board and any and all individuals desiring to attend or to address the board. The enforcement of these regulations shall be vested with the Chairman of the West Virginia regional jail and correctional facility authority.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-02 - Regulations For Public Hearings To be Held before Beginning Construction, Acquisition Or Renovation Of New Facilities Or Existing Facilities not Currently being Used as Jails, For use as A Regional Jail, Correctional Facility Or Private Prison › Section 94-2-3 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Authority -- The West Virginia regional jail and correctional facility authority.
3.2. Regional jail, correctional facility or private prison -- Any facility authorized by W. Va. Code '31-20-1 et seq. or W. Va. Code '25-5-10.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-02 - Regulations For Public Hearings To be Held before Beginning Construction, Acquisition Or Renovation Of New Facilities Or Existing Facilities not Currently being Used as Jails, For use as A Regional Jail, Correctional Facility Or Private Prison › Section 94-2-4 - Public Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Public Hearings -- Before beginning construction, acquisition or renovation of a regional jail or prison facility except in the case of the acquisition and renovation of an existing facility used as a jail, prison or secure facility for the detention of juveniles or other involuntarily committed or confined persons, the authority shall hold a public hearing for comment on all aspects relating to the advisability of the use of the site for that regional jail, correctional facility or private prison.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-02 - Regulations For Public Hearings To be Held before Beginning Construction, Acquisition Or Renovation Of New Facilities Or Existing Facilities not Currently being Used as Jails, For use as A Regional Jail, Correctional Facility Or Private Prison › Section 94-2-5 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prior to said public hearing, the authority shall give notice to the public by causing to be published a Class II legal advertisement in each county to be served by the regional jail, correctional facility or private prison. The authority shall attempt to ensure that the first notice shall appear at least ten days prior to said public hearing. The notice shall contain the following information:
a. The time, date, place and purpose of the public hearing.
b. A description of the project.
c. A statement that the social, economic and environmental effects of the projects will be explained and discussed at the public hearing.
d. A tentative schedule for property acquisition, relocation assistance, if any, and construction.
e. A map or drawing, if possible.
f. A description of the material to be available at the public hearing and the location at which such descriptive information is available for inspection and copying.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-02 - Regulations For Public Hearings To be Held before Beginning Construction, Acquisition Or Renovation Of New Facilities Or Existing Facilities not Currently being Used as Jails, For use as A Regional Jail, Correctional Facility Or Private Prison › Section 94-2-6 - Conduct of Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The public hearing shall be moderated by a member or employee of the authority and the authority shall ensure persons capable of explaining all aspects of the project attend the public hearing.
6.2. The public hearing shall begin with a presentation which shall include, but not be limited to the following:
a. The need for the project.
b. The alternative courses of action.
c. Alternative project locations and major features d. The social, economic, environmental and other effects of the project and the consistency with the local planning goals and objectives.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-02 - Regulations For Public Hearings To be Held before Beginning Construction, Acquisition Or Renovation Of New Facilities Or Existing Facilities not Currently being Used as Jails, For use as A Regional Jail, Correctional Facility Or Private Prison › Section 94-2-7 - Site Selection Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All sites considered shall be evaluated pursuant to the following criteria:
a. Adequate acreage for the size and intended use of the proposed facility.
b. Adequate access to water, electrical, sewage, and highway systems to support the size and intended use of the proposed facility.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - Chapter 31, article 20, section 10, subsection (h) of the West Virginia Code of 1931, as amended, requires the West Virginia Regional Jail and Correctional Facility Authority to develop an operational cost per day for inmates incarcerated in regional jails. The Authority is required to develop criteria and procedures for the development of these operational per diem costs through the mechanism of regulations pursuant to article 3, of chapter twenty-nine-a of the code. Counties are required by the statute to make payments to the regional jail and correctional facility development fund in an amount sufficient to cover the costs of operating such regional jail facilities and to maintain inmates incarcerated therein.
1.2. Authority. - WV Code §
									31-20-10(h).
1.3. Filing Date:
1.4. Effective Date:
1.5. Repeal of former rule: This filing represents an amendment of the procedural rule formerly filed on April 8, 1994 and effective on July 1, 1994.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-2 - Application And Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These procedural rules apply to the Regional Jail and Correctional Facility Authority, and to counties, municipalities, the West Virginia Division of Corrections, the United States Marshals Service, the United States Bureau of Prisons and any other entity by whose authority inmates are incarcerated and maintained in regional jails operated by the West Virginia Regional Jail and Correctional Facility Authority.
2.2. The enforcement of these regulations rests with the Executive Director of the Regional Jail and Correctional Facility Authority.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-3 - Annual Schedule of Operating Expenditures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Regional Jail and Correctional Facility Authority shall develop and approve a schedule of anticipated operational expenditures for each regional jail. Such schedules shall include funds for personal services and fringe benefits for personnel necessary to the operation of the facility as well as allocations of funds for food, clothing, utilities, supplies, transportation and all other costs necessary to operate and maintain the facility.
3.2. The operational expenditure schedule shall include all costs, both direct and indirect, for operating and maintaining the regional jail.
3.3. The operational expenditure schedule shall not include any costs, either direct or indirect, for the construction, renovation or acquisition of a regional jail.
3.4. The Authority shall develop and approve an operational expenditure schedule for each regional jail on an annual basis, consistent with the state fiscal year.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-4 - Annual Statement of Cost Per Inmate Day

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Authority shall, on an annual basis, prepare an estimate of the cost of operating each regional jail and maintaining inmates therein. This estimate of cost will be expressed as the cost of maintaining one (1) inmate for one (1) day. This estimate shall include all costs of operating each regional jail.
4.2. The annual statement of cost per inmate day will be forwarded to both the Sheriff and the county commission of each county, the Commissioner of the Division of Corrections, the United States Marshals Service, the United States Bureau of Prisons and the mayor of each municipality served by the regional jail to provide notice of per diem costs and for their use in preparing their own budgets.
4.3. The annual statement of cost per inmate day for each regional jail may be provided, upon, request, to any other entity on whose behalf an inmate may be incarcerated in a regional jail.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-5 - Calculation Of Cost Per Inmate Day

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Authority shall sum the operational costs of each regional jail and shall divide the total of such anticipated operational expenditures by the total anticipated number of inmate days in each of the regional jails to yield the cost per inmate day as the quotient.
5.1.1. If the Authority has revenue, available for use as operational funds, the Authority may apply such revenue to the total of the schedule of operational expenditures before calculating the cost per inmate day. In such case, the net operational costs shall become the dividend.
5.1.2. The anticipated number of inmate days to be provided in a fiscal year shall be the product of the bed capacity of the regional jail multiplied by a capacity factor of ninety percent (90%), multiplied by the number of days in the fiscal year: Provided, that, the bed capacity of the regional jails shall be defined as follows:
Eastern Regional Jail
120;
Central Regional Jail
192;
South Central Regional Jail
288;
Northern Regional Jail & Correctional Facility
192; and,
Southern Regional Jail
288.
5.1.3 The Authority may, when operational history is available on any regional jail for more than two years, increase the capacity factor described in §5.1.2. to reflect the actual population levels documented for that particular regional jail: provided, that, in no event shall the population factor be greater than one hundred per cent (100%) of the bed capacity for the regional jail.