reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-6 - Unauthorized Uses Of Grant Funds (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-7 - Reporting Requirements (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-8 - Grant Withdrawal And Penalty (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-9 - Nondiscrimination Provision (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-10 - Unexpended Funds (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-11 - Reduction Of The Litter Control Fund (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. The
				purpose of these rules is to provide interpretations and guidance concerning
				the awarding of matching grants for local litter control programs.
1.2. Authority. -- W. Va. Code '20-7-25 and
				'29A-3.
1.3. Filing Date. --
				November 28, 1986.
1.4. Effective
				Date. -- December 29, 1986.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context dictates otherwise, the following words
				  and their meanings as used in these rules are defined below.
2.1. "Applicant" means the local
				government(s) applying for a grant or the local government(s) receiving a grant
				after approval by the Department.
2.2. "Application" means Form LC-G-1 for use
				by single program applicants or Form LC-G-2 for use by cooperative program
				applicants.
2.3. "Cooperative
				Program" means a program involving two (2) or more local governments and
				coordinated by one of the participating local governments.
2.4. "Coordinator" means the individual who
				is responsible for coordinating the implementation and administration of a
				cooperative program.
2.5.
				"Department" means the West Virginia Department of Natural Resources.
2.6. "Director" means the director of the
				West Virginia Department of Natural Resources.
2.7. "Grant" means matching grant funds
				allocated to an approved program applicant by the Department pursuant to W. Va.
				Code '20-7-25(b).
2.8. "Grant Period" means July 1 of a
				calendar year through June 30 of the subsequent calendar year unless otherwise
				specified on the Notice of Approval, Form LC-G-3.
2.9. "In-kind Services" means any personnel,
				equipment, supplies, or other items for a local litter control program supplied
				or obtained by the applicant with funds or by methods other than the use of
				grant moneys.
2.10. "Litter" means
				all waste material including, but not limited to, any garbage, refuse, trash,
				disposable package, container, can, bottle, paper, ashes, cigarette or cigar
				butt, carcass of any dead animal or any part thereof, or any other offensive or
				unsightly matter, but not including the wastes of primary processes of mining,
				logging, sawmilling, farming, or manufacturing.
2.11. "Litter Control Fund" means the fund
				created pursuant to W. Va. Code '20-7-26.
2.12. "Local Government" means a county
				commission as defined in W. Va. Code '7-7-1
				or a municipal corporation as defined in W. Va. Code '8-1-2(a)(1).
2.13. "Local Litter Control Program" means a
				program sponsored by a local government for the purposes stated in its
				application.
2.14. "Resolution"
				means a resolution adopted by a local government that authorizes the creation
				of a local litter control program.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Grants may be
				used by eligible local governments, singly or in cooperative groups, in a local
				litter control program.
3.2. Grants
				will be made for a period not greater than one (1) calendar year. Subsequent
				grants may be obtained by an applicant through submission of a revised
				application to the Department.
3.3.
				Grants will be awarded on a one-to-one matching basis. For each dollar budgeted
				by an applicant for a local litter control program, the Department will award
				up to one ($1) dollar in matching grant funds upon approval of the application.
				The Department reserves the right to limit the amount of a grant in accordance
				with the amount of money in the Litter Control Fund available for distribution
				as matching grants.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-4 - In-kind Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Credit
				will be given for in-kind services when determining the amount of local
				government funding to be matched by a grant.
4.2. Volunteer services will be valued at the
				minimum hourly wage unless the applicant can demonstrate that such services
				would normally be valued above that wage in the area served by the applicant's
				program.
4.3. Donated equipment
				will be valued at its fair market value prorated over the life of the
				grant.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-5 - Authorized Uses Of Grant Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Grants may be used for the initiation, continuation, or expansion of a local
				litter control program but may not be used in any way to replace local funds
				currently budgeted or being used to maintain and operate a local litter control
				program during the grant period.
5.2. Authorized uses of grants moneys in an
				approved local litter control program may include the following:
5.2.1. Enforcement of antilitter
				statutes;
5.2.2. Expenses incurred
				in traveling to Department sponsored or approved workshops, conferences, or
				other meetings;
5.2.3.
				Implementation and administration of the approved litter control
				program;
5.2.4. Implementation of
				local litter cleanup campaigns;
5.2.5. Public informational and educational
				programs, such as those which increase public awareness or solicit public
				support in promoting citizen responsibility toward reducing litter;
5.2.6. Purchase of equipment which will
				specifically serve to fulfill litter control program objectives;
5.2.7. Research or development of local solid
				waste recycling programs;
5.2.8.
				Surveys and evaluation studies made for the purpose of identifying and
				prioritizing local littering problems;
5.2.9. Other relevant items upon the approval
				of the Department.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-6 - Unauthorized Uses Of Grant Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Grant moneys may not be used for
				expenditures not related to litter prevention, elimination, or
				control.
6.2. Grant moneys should
				not be used for the following:
6.2.1. To fund
				beautification projects such as landscaping (tree or shrub purchases) or the
				removal of roadside vegetation;
6.2.2. To purchase lawn, tree, or shrub
				maintenance equipment;
6.2.3. To
				purchase equipment routinely used to collect or transport solid
				waste;
6.2.4. To fund landfill
				operations or management;
6.2.5. To
				buy office furniture, to buy office equipment, or to decorate or renovate an
				office;
6.2.6. To pay for
				professional consultation or production in the development of litter control
				films, slide shows, or similar programs.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-7 - Grant Withdrawal And Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Department reserves the right to
				withdraw a grant upon determination of unsatisfactory program compliance with
				either these rules or the specifications in the program application.
7.2. A failure to commence program activities
				within ninety days after receiving a notice of approval from the Department may
				result in the cancellation of the grant.
7.3. An applicant shall be responsible for
				the payment to the State of West Virginia of two (2) times the total sum of a
				grant not properly used or accounted for pursuant to these rules. Such total
				sum shall constitute a debt owed by the applicant or its successors or
				assignees by appropriate legal action. At its option, the Department may
				proceed against any local government participating in a cooperative program for
				the total sum owed by the applicant or its successors or assignees, or may hold
				each local government participating in a cooperative program individually
				liable to the State of West Virginia for its pro rata share of the total
				liability.
7.4. The Department
				reserves the right to conduct an on-site inspection or audit of an applicant's
				program records during or after the grant period.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-8 - Nondiscrimination Provision

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. During
				the performance of the program described in the application, the applicant will
				not discriminate against any employee or individual applying for employment
				because of race, religion, color, sex, handicap, or national origin.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-9 - Unexpended Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				unexpended funds remaining at the end of the grant period will be handled as
				follows:
9.1.1. If the applicant applies for
				a grant for the subsequent grant period, and the Department approves said
				application, unexpended funds will be netted against the amount for which the
				applicant is eligible to receive;
9.1.2. If the applicant does not apply for a
				grant for the following grant period, unexpended funds will return to the
				control of the Department.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-07 - Cooperation with Federal Government In Mangement Of Federal Lands Within State › Section 58-7-10 - Reduction Of The Litter Control Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Grants allocated under these rules are
				dependent upon the availability of funds collected pursuant to W. Va. Code
				'20-7-25. In the event
				that those funds are diminished by legislative action, the Department will
				adjust the amount of each grant issued accordingly.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-08 - Rules And Regulation Governing Schoreline Camping On Government Owned Resevoir Areas In West Virginia › Section 58-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Legislative rules and regulations relating to public use of shoreline camping
				areas on Government owned reservoir areas in West Virginia.
1.2. Authority. -- W. Va. Code §
									20-1-7
				and §
									20-1-7(30)
1.3. Filing Date. -- December 30,
				1982
1.4. Effective Date. --
				January 1, 1983
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-08 - Rules And Regulation Governing Schoreline Camping On Government Owned Resevoir Areas In West Virginia › Section 58-30-2 - General Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Use of Shoreline. - - The general public shall have access to and the use of
				the shoreline at all times.
2.2.
				Permits and Number of Days. -- All camping shall be by permit in designated
				areas and numbered sites and shall be limited to fourteen (14) day periods. All
				permits shall be filled out completely, retained at the campsite at all times,
				and posted fees shall be paid before occupying camping site. Permits are
				available on the area or at the wildlife manager's office.
2.3. Erection of Structures. -- The erection
				of structures other than cloth, fibrous or plastic tents is
				prohibited.
2.4. Signs. -- Signs
				other than those erected by authorized personnel are prohibited.
2.5. Campfires. -- Campfires are permitted
				but shall be contained, attended and controlled.
2.6. Cleanliness of Campsites. -- All campers
				shall keep their campsites clean and presentable at all times, and shall
				dispose of combustibles and refuse in accordance with instructions posted.
				Camps shall be completely razed and the sites clean before departure.
2.7. Abandonment of Personal Property. - -
				Abandonment of personal property on the lands or waters of the reservoir area
				is prohibited. Personal property shall not be left unattended by the permittee
				on the lands and waters of the reservoir, except in accordance with the
				regulations prescribed. The Division of Natural Resources assumes no
				responsibility for personal property and if such property is abandoned or left
				unattended by the permittee for a period in excess of forty eight (48) hours,
				it shall be disposed of in the manner prescribed by law.
2.8. Removal or Alteration of Natural
				Features. - - Trees, shrubs, rocks or other natural features shall not be
				painted, whitewashed, cut, destroyed, removed or altered in any
				manner.
2.9. Loss or Damage to
				Equipment. -- The Division of Natural Resources shall not be responsible for
				loss or damage to equipment maintained in any campsite due to flooding or from
				any other cause.
2.10. Use of
				Roads and Trails. -- All roads and trails closed to motorized vehicle travel
				(including snowmobiles, all terrain vehicles, trail bikes, etc.) shall be
				closed with a sign, gate, cable or other obstruction and shall be designated on
				area maps. Maps shall be posted and may be obtained at manager's office in the
				headquarters area or at the district office.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes the procedures for purchase of commodities and services
				by the Division of Natural Resources (DNR) pursuant to the DNR's purchasing
				exemption. These rules do not apply to the construction or replacement of
				capital improvements, which follow the Purchasing Division procedures and
				policies.
1.2. Authority. -- W. Va.
				Code §
									20-1-7(2)
				and §
									20-1-7(31).
1.3. Filing Date. - November 16,
				2022.
1.4. Effective Date. --
				December 16, 2022.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This
				procedural rule applies to the Division of Natural Resources and all sections
				and offices within.
3.2. All
				purchases over $25,000 must be approved by the Director or his or her
				authorized designee.
3.3. The
				Director or his or her authorized designee may grant permission to approve
				purchases up to $25,000 to the purchasing liaison for each respective section
				and office.
3.4. All automated
				systems prescribed by the Property and Procurement Office as statewide systems
				are mandatory for Division sections and offices.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-5 - Procurement of Management, Consultants, Construction, Engineering, Architecture, Enterprise

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The provisions
				of this section shall apply to the procurement of management, consultants,
				construction, engineering, architecture, enterprises, firms, or persons to
				assist the Division in meeting its purpose pursuant to W.Va. Code §
									20-1-1
et seq.
as determined necessary or advisable by the Director
				in his or her sole discretion.
5.2.
				Requirements for purchases of $250,000 or more.
5.2.1. In the procurement of services
				estimated to cost $250,000 or more, the Director shall encourage such
				management, consultants, construction, engineering, architecture, enterprises,
				firms, or persons to submit an expression of interest, which shall include a
				statement of qualifications, including anticipated concepts and proposed
				consulting services, advertising, marketing, and advertising campaigns. All
				potential contracts shall be announced by public notice published as a Class II
				legal advertisement pursuant to W. Va. Code § 59-3-1
et
				seq.
5.2.2. A committee of
				three to give employees of the Division, as selected by and including the Chief
				Financial Officer, shall evaluate the statements of qualifications and other
				materials submitted by interested firms and select three firms which, in their
				opinion, are best qualified to perform the desired service.
5.2.3. The committee shall rank, in order of
				preference, the three firms selected and shall commence scope of service and
				price negotiations with the first ranked firm.
5.2.4. If the Division is unable to negotiate
				a satisfactory contract with the first ranked firm, at a fee determined to be
				fair and reasonable, price negotiations with the firm of second choice shall
				commence.
5.2.5. Failing accord
				with the second ranked firm, the committee shall undertake negotiations with
				the third ranked firm.
5.2.6. If
				the Division is unable to negotiate a satisfactory contract with any of the
				selected firms, the office shall select additional firms in order of their
				competence and qualifications and it shall continue negotiations in accordance
				with this section until an agreement is reached.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-6 - General Procurement Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Purchases
				exceeding $25,000.
6.1.1. Except for purchases
				made pursuant to Section 12 of this rule, purchases exceeding $25,000 shall be
				subject to the following requirements:
6.1.1.a. Unless purchased according to the
				provisions of Section 12 of this rule or otherwise exempted pursuant to this
				rule, competitive bidding is required.
6.1.1.b. A minimum of three written bids are
				required. The lowest bid meeting specifications must be awarded the purchase
				order or contract. All bids must be maintained in the purchasing
				file.
6.1.1.c. Agency terms and
				conditions must be signed by the vendor and be maintained in the purchasing
				file.
6.1.1.d. Certification of
				Non-Conflict of Interest must be signed by the employee and appropriate
				Division staff and maintained in the purchasing file.
6.1.1.e. A series of requisitions or
				procurements may not be intentionally used to circumvent competitive bidding or
				spending thresholds, also known as stringing, is prohibited.
6.1.1.f. The purchase of any piece of
				equipment with a value that exceeds $5,000 must be listed as a capital
				asset.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-7 - Registration, Advertising, Bidding, and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Registration
				of Vendors.
7.1.1. All vendors must register
				through the Vendor Self-Service portal, and pay any applicable fees for such
				registration, in order to receive payment under a contract with the Division.
				Vendors shall be required to disclose the information contained in W. Va. Code
				§ 5A-3-12, such as ownership, all names under which a vendor is doing
				business, their physical address, and its corporate offices.
7.1.2. The vendor must be licensed and in
				good standing in accordance with any and all state and local laws and
				requirements by any state or local agency of West Virginia, including, but not
				limited to, the West Virginia Secretary of State's Office, the West Virginia
				State Tax Department, West Virginia Office of the Insurance Commissioner, the
				West Virginia State Auditor, the West Virginia State Treasurer, or other state
				agencies or political subdivisions prior to being awarded a contract. The
				vendor must provide all necessary releases to obtain information necessary to
				verify that the vendor is licensed and in good standing with the above
				entities.
7.1.3. Failure to
				Register.
7.1.3.a. The Chief Procurement
				Officer is prohibited from awarding any contract to any vendor not properly
				registered with the Purchasing Division. If a vendor is eligible to be awarded
				or has been awarded a contract and it is determined that the vendor has failed
				to comply with the requirements of Section 6 of this rule, the vendor will be
				given a period of time that the Chief Procurement Officer deems sufficient to
				cure the failure. If after that period, vendor has not cured the failure, the
				Chief Procurement Officer may cancel the contract.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-8 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Chief
				Procurement Officer may require the Division attempt to resolve any issues that
				it may have with the vendor prior to pursuing a remedy contained herein. The
				Division must document any resolution efforts to be retained by the Chief
				Procurement Officer.
8.2. Contract
				Cancellation.
8.2.1. The Chief Procurement
				Officer may cancel a purchase or contract immediately under any one of the
				following conditions including without limitation:
8.2.1.a. The vendor agrees to
				cancellation.
8.2.1.b. The vendor
				has obtained the contract by fraud, collusion, conspiracy, or is in conflict
				with any statutory or constitutional provision of the State of West
				Virginia.
8.2.1.c. Failure to honor
				any contractual term or condition or to honor standard commercial
				practices.
8.2.1.d. The existence
				of an organizational conflict of interest is identified.
8.2.1.e. Funds are not appropriated, or an
				appropriation is discontinued by the legislature for the acquisition.
8.2.1.f. Violation of any federal, state, or
				local law, regulation, or ordinance.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-9 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Submission
				of a Protest.
9.1.1. Protests based on bid
				specifications must be submitted no later than five working days prior to bid
				opening.
9.1.2. Protest of a
				purchase order or contract awards must be submitted no later than five working
				days after the award.
9.1.3. The
				vendor is responsible for knowing the bid opening and award dates. Protests
				received after these dates may be rejected by the Chief Procurement
				Officer.
9.1.4. All protests must
				be submitted in writing to the Chief Procurement Officer in Property and
				Procurement Office and contain the following information:
9.1.4.a. The name and address of the
				protestor.
9.1.4.b. The
				requisition, solicitation, purchase order or contract numbers.
9.1.4.c. A statement of the grounds of
				protest.
9.1.4.d. Supporting
				documentation, if necessary.
9.1.4.e. The resolution or relief
				sought.
9.1.5. Failure to
				submit this information shall be grounds for rejection of the protest by the
				Chief Procurement Officer.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-10 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any
				person who authorizes or approves a purchase or contract in violation of West
				Virginia Code or any rule adopted by the Property and Procurement Office is
				personally liable for the cost of the purchase or contract. Purchases and
				contracts violating the West Virginia Code or this rule are void and of no
				effect. Provided, that the state establishes by a preponderance of the evidence
				that the individual acted knowingly and willfully.
10.2. Any person receiving anything of value
				from a known interested party in awarding a purchase order is subject to the
				provisions of the Ethics Act as determined by the Ethics
				Commission.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-11 - Encumbrance

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				appropriate account from which funds to pay for a contract will be taken must
				be designated prior to a contract being awarded, unless the contemplated
				contract is a type that cannot be encumbered as determined by the Chief
				Procurement Officer.
11.2. Prior to
				issuing a contract, the Chief Procurement Officer will verify the amount of
				funds encumbered is appropriate and the account being encumbered matches what
				the Division has requested.
11.3.
				Contracts must be encumbered prior to issuance in the following
				amounts:
11.4. A contract for a
				one-time purchase in the current fiscal year must encumber the full contract
				amount.
11.5. A contract that will
				span multiple fiscal years must encumber at least the amount of funds that will
				be spent under the contract in the current fiscal year.
11.6. A contract that will be awarded prior
				to the end of a current fiscal year but will become effective after that same
				fiscal year has ended is not required to encumber funds prior to issuance of
				the contract.
11.7. Open end
				contracts or a statewide are not required to have funds encumbered prior to the
				issuance of the contract.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 58-10-12 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Commodities and Services Identified as "Not Possible to Bid."
12.1.1. Division may purchase commodities and
				services determined to be not possible to bid directly from the vendor without
				advertisement or bid and are not required to have contracts for the purchase of
				those items $25,000 or less. For contracts valued greater than $25,000,
				contract documents are required.
12.1.2. Even though competitive bidding is
				not required for the Not Possible To Bid List, the Division must continue to
				appropriately document requirements associated with the applicable threshold of
				purchases of $25,000 or more unless otherwise noted with each item. For
				example, all vendors must complete applicable registration requirements to
				become vendors of the state.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of these regulations is to provide for the regulation of commercial
				outfitter and guide services and to assure safe operations.
1.2. Authority. -- W. Va. Code §§
									20-1-7(31) and
				20-2-23.
1.3. Filing Date. -- April 19,
				2024.
1.4. Effective Date. -- April
				19, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6. Promulgation history. --
				These regulations supersede West Virginia Administration Regulations,
				Department of Natural Resources, Series XI filed on December 30, 1982 and
				effective on January 1, 1983.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The term
				"outfitter," as used herein, means and includes any person who, operating from
				any temporary or permanent camp, private or public lodge, or private or
				incorporated home situated within this state, provides for monetary profit or
				gain, saddle or pack animals or other animals, vehicles, boats, conveyances or
				equipment, or guide services for any person or persons hunting game animals,
				game birds, fishing or taking expeditions, both land and water, in this state.
				The term "outfitter" shall not include, however, any person who occasionally
				for accommodation or favor rather than profit or gain, rents equipment to
				hunters, fishermen or others as a service incidental to his principal
				occupation or business without advertising outfitter or guide services or
				holding out to the public the offering of such services. The term "guide," as
				used herein, includes and embraces outfitter services and the term "outfitter"
				includes and embraces guide services, but the applicant for any license
				hereunder may in his or her application elect to be designated as an outfitter
				or guide.
2.2. All other terms
				shall have the meaning prescribed in W. Va. Code §
									20-1-2.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-4 - Hunting, Fishing and Other Trips

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Equipment. All vehicles, boats,
				conveyances, and equipment provided or used by an outfitter shall be maintained
				in a safe, operable condition.
4.2.
				All trips to hunt game or wild animals or game or wild birds or both must
				comply with current West Virginia hunting regulations. The licensee and all
				guests must have the appropriate hunting licenses and stamps on such
				trips.
4.3. All fishing trips must
				comply with current West Virginia fishing regulations. The licensee and all
				guests must have the appropriate fishing licenses and stamps on such
				trips.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-5 - Outfitting in Whitewater Zones

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In accordance with W. Va. Code §
									20-2-23a(b)(12),
				there will be a special whitewater study and improvement fee paid by each
				outfitter or for each customer that is transported in a commercial activity in
				the study zones on the Cheat, Gauley, New, Shenandoah, and Tygart Valley
				rivers.
5.2. Whitewater Fee Amount.
5.2.a. The study and improvement fee is
				thirty-five cents ($.35) for each customer transported on a commercial activity
				in study zones on the Cheat, New, Shenandoah, and Tygart Valley
				rivers.
5.2.b. The study and
				improvement fee is seventy cents ($.70) for each customer transported on a
				commercial activity in study zones on the Gauley River.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-6 - Accident and Property Damage Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Injury report. If an accident which
				requires medical treatment occurs during the performance of a licensee's
				services, the licensee must file a report with the director within five (5)
				days after the accident. This injury report shall include the name, address,
				and age of the injured person; the nature of the injury; and the time, place,
				and circumstances of the accident.
6.2. Property damage report. If an accident
				occurs during the performance of licensee services which results in
				non-vehicular property damage in excess of five hundred dollars ($500), the
				licensee must file a report with the director within five (5) days after the
				accident. This property damage report shall include the name of the owner of
				the property; an estimate of the amount of the loss; the time and location of
				the event causing the damage; and a description of the accident.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-7 - Enforcement and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The Division may refer violations of the provisions of this rule to the
				appropriate law enforcement or prosecutor's office for criminal
				prosecution.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-8 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The terms and
				conditions of a license are appealable under the provisions of W. Va. Code
				§
									51-11-1
et seq.
and W. Va. Code §
									29A-5-4.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11B - Regulations concerning prohibitions when hunting And trapping › Section 58-11B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule establishes prohibitions in the pursuit or taking of
				wildlife within the boundaries of this State.
1.2. Authority. -- West Virginia Code §
									20-1-7(30).
1.3. Filing Date. - May 8, 1995
1.4. Effective Date. -- May 9, 1995
1.5. Repeal of Former Rule. -- These rules
				repeal and replace 58 C-S.R. 11B "Prohibitions when Hunting and Trapping" that
				were filed on June 24, 1993 and became effective on June 24, 1993.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11B - Regulations concerning prohibitions when hunting And trapping › Section 58-11B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All terms have
				the meaning prescribed in the rule defining the terms to be used concerning all
				Hunting and Trapping Regulations (47 C.S.R.11A).
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11B - Regulations concerning prohibitions when hunting And trapping › Section 58-11B-3 - Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Hunting is
				prohibited in State parks and wildlife refuges, in safety zones in State
				forests, and in safety zones in State Wildlife Management Areas.
3.1.1. Federal regulations prohibit hunting
				in Harpers Ferry National Historical Park.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11C - Special Bear Hunting Rule › Section 58-11C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. - -The purpose of this rule Is to control the taking of bear within
				the boundaries of this State.
1.2.
				Authority. - - West Virginia Code §
									20-1-7(30).
1.3. Filing Date. -- May 8, 1995
1.4. Effective Date. - May 9, 1995
1.5. Repeal of Former Rule. -- These rules
				repeal and replace 58 C.S.R. 11C "Special Bear Hunting Rule" that were filed on
				June 24, 1993 and became effective June 24, 1993.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11C - Special Bear Hunting Rule › Section 58-11C-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All. terms
				have the meaning prescribed to them in the Rule Defining The Terms To Be Used
				Concerning All Hunting and Trapping Regulations (47 C.S.R. 11A).
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11C - Special Bear Hunting Rule › Section 58-11C-3 - The Use of Dogs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The use of
				dogs while hunting for bear during the firearms bear season is illegal In the
				following counties: Barbour (East of State Route 92), Boone, Fayette, Kanawha,
				Nicholas, Preston, and Raleigh.
3.2. Except as provided for in the Hunting
				and Trapping Rule (Exempt Rule) (47 C.S.R. 11), the use of dogs while bow
				hunting for bear is legal during any portion of the archery bear season which
				may coincide with an open firearms bear season.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11D - General Hunting Rule › Section 58-11D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				purpose. -- The purpose of this rule is to establish general hunting regulation
				that will provide for the safety of the hunter and the proper management of
				wildlife within the bounderies of this state.
1.2Authority. --West Virginia Code §
									20-1-7(30).
1.3Filing Date. --
1.4Effective Date. --
1.5Repeal of Formal Rule. -- These rule
				repeal and replace 58 C.S.R. 11D "General Hunting Rule" that were filed on June
				24, 1993.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11D - General Hunting Rule › Section 58-11D-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All terms have
				the meaning prescribed to them in the Rule Defining The Terms To Be Used
				Concerning All Hunting and Trapping Regulations (47 C.S.R. 11A) .
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11D - General Hunting Rule › Section 58-11D-3 - General Hunting Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				long bow or compound bow may be substituted for a firearm during any season for
				which firearms are legal except during the muzzle-loading firearms deer
				season.
3.2. Each person killing a
				bear or wild boar found in a wild state must immediately after removing its
				entrails, but in any event within one hour and before transporting or removing
				the carcass in any manner from where it was killed, complete and attach a game
				tag. The tag must bear, in plain English, the name and address of the hunter,
				the date and county where the game was killed, and, unless he or she is legally
				exempted from the licensing requirements of this State, the license -number of
				the hunter.
3.3. No person under
				the age of fifteen (15) years may hunt or chase wild animals or wild birds on
				the lands of another unless he or she is accompanied by a licensed adult who
				remains in a position near enough to him or her to render, advice and
				assistance.
3.4. A person may only
				use bows, single-shot muzzle-loading firearms, or shotguns loaded with T or
				smaller shot to hunt wildlife within the boundaries of the Green Bottom
				.Wildlife Management Area.
3.5.
				Within 24 hours of the
time of the kill, the fresh skin and
				attached head or carcass of
each
deer
and the carcasse
of each
.wild turkey must be delivered to a conservation officer or an official game
				checking station for checking and retagging
before it is
				transported beyond the boundaries of the county adjacent to that in which the
				kill was made.
.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11F - Wild Turkey Rule › Section 58-11F-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				purpose. -- The purpose of this rule is to establish rules to manage the wild
				turkey within the boundaries of this state.
1.2 Authority. --West Virginia Code §
									20-1-7(30).
1.3 Filing Date. --
1.4 Effective Date. --
1.5 Repeal of Formal Rule. -- These rule
				repeal and replace 58 C.S.R. 11F "Wild Turkey Rule" that were filed on June 24,
				1993.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11F - Wild Turkey Rule › Section 58-11F-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All terms have
				the meaning prescribed to them in The Rule Defining The Terms To Be Used
				Concerning All Hunting and Trapping Regulations (47 C.S.R.11A). In addition,
				for the purposes of this rule, the following terms have the meaning set forth
				in this section.
2.2. Game farm or
				pen-raised turkeys -- Game farm or pen raised turkeys are those birds or their
				offspring hatched from eggs taken by humans from a wild turkey nest or wild hen
				turkey raised under human control, and therefore imprinted to humans or other
				poultry under human control instead of a wild hen.
2.3. Domestic turkey -- A domestic turkey is
				a turkey that normally lives in and about the residences of West Virginians and
				depends upon humans for habitation, husbandry and/or as its sole source of year
				round sustenance.
2.4. Wild turkey
				-- A wild turkey is a turkey from wild native genetic stock living under the
				control of the laws of nature.
2.5.
				Release into the wild -- Release into the wild means a release of a bird into
				any area not enclosed by a fence or bounded by other like structure from which
				under normal circumstances a bird does not escape.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11F - Wild Turkey Rule › Section 58-11F-3 - Wild Turkey Hunting

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The use of
				electronic turkey calling devices is prohibited during the wild turkey
				seasons.
3.2. The use of dogs to
				hunt wild turkeys is prohibited during the spring wild turkey season.
3.3.
Only a bow or a shotgun with
				lead shot size no greater than No, 4 or steel shot size no greater than No. 2
				may be used during the spring wild turkey season.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11F - Wild Turkey Rule › Section 58-11F-4 - Possession, Propagation and Release of Pen-raised Turkeys

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. It is unlawful to possess, propagate, or
				release into the wild, game farm or pen-raised turkeys.
4.2. It is unlawful to release domestic
				turkeys into the wild.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11G - Wild Boar Hunting Rule › Section 58-11G-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this rule is to establish requirements which a
				person must comply when in pursuit or taking of wild boar within the boundaries
				of this State.
1.2. Authority. --
				West Virginia Code §
									20-1-7(30).
1.3. Filing Date. -- May 8, 1995
1.4. Effective Date. - May 9, 1995
1.5. Repeal of Former Rule. -- These rules
				repeal and replace 58 C.S.R. 11G "Wild Boar Hunting Rule" that were filed on
				June 24, 1993 and became effective on June 24, 1993.