reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-24 - Crane Operator Certification Act › Section 42-24-7 - Examinations Required

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any
				person desiring an initial class A or B crane certification under the
				provisions of W. Va. Code §
									21-3D-1,
et seq.,
or this rule shall submit an application for
				examination to the Commissioner on forms provided by the Commissioner. The
				examination process consists of a written examination and a practical
				examination.
7.2. Written
				examination.
7.2.a. A person desiring an
				initial class A or B crane certification under the provisions of W. Va. Code
				§
										21-3D-1,
et seq.,
or this rule shall pass a written examination. The
				contents of the examination shall be based on the following standards adopted
				by ASME: ASME B30.3-2009, ASME B30.5-2011 and ASME B30.23-2011.
7.2.b. An applicant must obtain a passing
				score on a core examination that tests the applicant's general knowledge of
				crane safety and the applicable code standards.
7.2.c. In addition to the core examination,
				the applicant must obtain a passing score on a specialty examination for each
				class of crane for which certification is desired. The classifications of crane
				certifications are as follows:
7.2.c.1. Fixed
				cab telescoping boom crane;
7.2.c.2. Lattice boom crawler
				crane;
7.2.c.3. Lattice boom truck
				crane;
7.2.c.4. Swing cab
				telescoping boom crane; and
7.2.c.5. Tower crane.
7.2.d. The Commissioner shall provide for the
				written examination of all applicants. The Commissioner may:
7.2.d.1. Contract with a private testing
				agent to conduct the written examinations. The private testing agent shall
				charge examination fees according to a rate schedule developed by the
				Commissioner and the applicant shall pay all examination fees directly to the
				testing agent; or
7.2.d.2. Develop
				a written examination process within the Division to include a fees schedule
				not to exceed the actual cost of administering the examinations. The
				certification applicant shall pay all fees directly to the Division in advance
				of the examination.
7.2.e. The minimum passing score for a class
				A certification is a score of 70% for each examination.
7.2.f. The minimum passing score for a class
				B certification is a score of 60% for each examination.
7.2.g. An applicant who fails the examination
				may request an analysis of his or her performance on the failed examination.
				The Division or private testing agent shall provide the applicant with the
				analysis.
7.2.h. An applicant who
				fails the examination may retake the examination upon the submission of a new
				application and the payment of the fees required.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-24 - Crane Operator Certification Act › Section 42-24-8 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commissioner may approve crane operator training courses from private sector
				sources to qualify applicants for class B recertifications. To apply for
				approval from the Commissioner, the training provider shall submit a request
				for approval to include a detailed instructional curriculum, copies of all
				manuals and study guides, a procedure for measuring the knowledge gained by
				students, a list of instructors and their credentials, and a proposed fees
				schedule.
8.2. An approved training
				course for class B recertification shall consist of at least 24 hours of
				instructional time.
8.3. An
				approved training course shall contain, at the minimum, instruction relative to
				the following subject matter:
8.3.a. General
				crane knowledge to include types of cranes and their components, definition of
				terms and nomenclature;
8.3.b.
				Familiarity with ASMEB30.3-2009, ASMEB30.5-2011 and ASMEB30.23-2011 standards,
				29 C.F.R. §1926.1400, Subpart CC, "Cranes and Derricks in Construction"
				and the manufacturer's operating manuals;
8.3.c. Responsibilities of the site
				supervisor, the crane operator and the crane owner;
8.3.d. Safety inspection procedures, accident
				prevention and maintenance;
8.3.e.
				Procedures for assembling and dismantling cranes and their
				transportation;
8.3.f. Crane set-up
				to include site preparation, counterweights, outriggers, rigging methods and
				materials;
8.3.g. General operation
				to include safe operating procedures, signaling, principles of leverage and
				power transmission, the purpose and use of load charts and boom angles, picking
				loads and adjacent hazards; and
8.3.h. The effect of overloading, instability
				and structural or functional failures.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-25 - Crane Operator Certification Act - Practical Examination › Section 42-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the practical examination of crane operators in accordance with W.
				Va. Code §§
									21-3D-1,
et seq.,
and 29A-3-1,
et seq.
1.2. Authority. -- W. Va. Code §
									21-3D-3(1).
1.3. Filing Date. -- June 3, 2013.
1.4. Effective Date. -- July 1, 2013.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-25 - Crane Operator Certification Act - Practical Examination › Section 42-25-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This rule applies to the
				West Virginia Division of Labor and all persons, materials and transactions
				governed or otherwise defined under coverage of the Crane Operator
				Certification Act, W.Va. Code §
									21-3D-1,
et seq.,
as it relates to the practical examination of crane
				operators.
2.2. Enforcement. The
				enforcement of this rule is vested with the West Virginia Division of
				Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-25 - Crane Operator Certification Act - Practical Examination › Section 42-25-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "ANSI" refers
				to the American National Standards Institute, 1899 L Street NW,
				11th Floor, Washington, D.C. 20036.
3.2. "Approved training course" means a
				training course which has been reviewed and certified by the Commissioner as
				complying with the requirements of sections 4 and 5 of this rule,
3.3. "ASME" refers to the American Society of
				Mechanical Engineers, Three Park Avenue, New York, New York
				10016-5990.
3.4. "Class A
				certification" means a certification issued to a person who has met all
				national level certification criteria as required by W. Va. Code §§
									21-3D-3(a)(1)(A)
				and -4(c)(1) and as required by a program that has been accredited by ANSI's
				Personnel Certification Accreditation Program for the class or type of crane
				specified in subdivision 7.2.c. of the Division of Labor's rule, "Crane
				Operator Certification Act," 42 CSR 24.
Beginning November 14, 2014, "Class A certification" also
				  means and includes all crane operators in West Virginia subject to the
				  provisions of 29 C.F.R. § 1926.1400, Subpart CC, "Cranes and Derricks in
				  Construction."
3.5. "Class B
				certification" means a certification issued to a person who has met all state
				level certification criteria as required by the Commissioner for the class or
				type of crane specified in subdivision 7.2.c. of the Division of Labor's rule,
				"Crane Operator Certification Act," 42 CSR 24.
Beginning November 14, 2014, "Class B certification" also
				  means and includes all crane operators in West Virginia who are not subject to
				  the provisions of 29 C.F.R. §1926.1400, Subpart CC, "Cranes and Derricks
				  in Construction."
3.6. "Code of
				Federal Regulations" or "C.F.R." refers to rules published in the Federal
				Register by executive departments and agencies of the federal government of the
				United States.
3.7. "Division"
				means the West Virginia Division of Labor.
3.8. "NCCCO" refers to the National
				Commission for the Certification of Crane Operators, located at 2750 Prosperity
				Avenue, Suite 505, Fairfax, VA 22031.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-25 - Crane Operator Certification Act - Practical Examination › Section 42-25-4 - Practical Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				An applicant for an initial class A or B certification shall submit a written
				certificate of completion from a practical examination examiner approved by the
				Commissioner pursuant to section 5 of this rule.
4.2. The practical examination as required by
				the NCCCO is hereby incorporated by reference as the state practical
				examination required for an initial class A or B certification. The
				Commissioner may authorize the use of an equivalent practical examination when
				the equivalent examination meets or exceeds the requirements of the NCCCO
				examination.
4.3. The Commissioner
				shall arrange for administering the practical examination through approved
				examiners. The practical examination shall be given in the 4 crane categories:
4.3.a. Fixed cab telescoping boom
				crane;
4.3.b. Lattice boom crawler
				or truck crane;
4.3.c. Swing cab
				telescoping boom crane; and
4.3.d.
				Tower crane.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-25 - Crane Operator Certification Act - Practical Examination › Section 42-25-5 - Examiners

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Commissioner may approve and designate examiners to administer the practical
				examination required for class A and B certification. A person desiring to
				become an approved examiner shall make application to the Commissioner on a
				form provided by the Commissioner. The applicant shall hold a full and current
				accreditation as a practical examiner from an ANSI-accredited Personnel
				Certification Accreditation Program, the NCCCO, or an equivalent organization
				or program as approved by the Commissioner. A copy of the examiner's
				accreditation certificate shall accompany the application.
5.2. An approved examiner shall administer
				all practical examinations in accordance with the practical examination
				requirements of the ANSI Personnel Certification Accreditation Program, the
				NCCCO, or an equivalent program as approved by the Commissioner.
5.3. An approved examiner may charge
				examination fees authorized by the Commissioner. The applicant shall pay all
				applicable fees directly to the approved examiner.
5.4. The approved examiner shall provide the
				applicant with an official document depicting the final results of the
				practical examination.
5.4.a. If the
				applicant successfully completes the practical examination, the examiner shall
				notify the applicant and forward a copy of the notice to the
				Commissioner.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Section 42-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				rule establishes the laboratory testing and calibration procedures and fees for
				weights and measures standards that are used to verify the accuracy of weighing
				and measuring devices used for commercial purposes.
1.2. Authority. -- W. Va. Code §
									47-1-3(c)
				and § 47-1-20.
1.3. Filing
				Date. -- April 22,2015.
1.4.
				Effective Date. --July 1, 2015.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Section 42-26-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule governs all persons, firms, corporations, government
				entities, materials and transactions covered by the provisions of W. Va. Code
				§
									47-1-1, et
				seq.
2.2. Enforcement. The
				enforcement of this rule is vested with the West Virginia Division of Labor or
				its designated representatives as authorized by W. Va. Code §
									47-1-3.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Section 42-26-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Certificate
				of conformance" means the document issued by the Weights and Measures
				Laboratory that certifies the accuracy of a working standard after it has been
				tested and calibrated.
3.2.
				"Commissioner" means the Commissioner of the West Virginia Division of Labor or
				his or her designee.
3.3.
				"Division" means the West Virginia Division of Labor.
3.4. "National Institute of Standards and
				Technology" or "NIST" refers to the federal technology agency that works with
				industry to develop and apply technology, measurements, and standards and whose
				address is 100 Bureau Drive, Gaithersburg, MD 20899.
3.5. "Primary standards" means the weights
				and measures standards that are traceable to the United States prototype
				standards supplied by the federal government or approved as being satisfactory
				by the National Institute of Standards and Technology.
3.6. "Prover" or "prover standard" means a
				standard used to measure and verify the accuracy of a product's
				volume.
3.7. "Secondary standards"
				means the weights and measures standards used by the Weights and Measures
				Laboratory for testing, calibrating and certifying working standards.
3.8. "State Measurement Laboratory" or
				"Weights and Measures Laboratory" means the facility located at 570 MacCorkle
				Avenue West, St. Albans, WV 25177.
3.9. "Storage fee" means the fee charged by
				the Division to store working standards for 10 days or more after notification
				that the testing and calibration has been completed.
3.10. "Weight" or "weight standard" means a
				standard used to measure and verify the accuracy of a product's mass or
				quantity.
3.11. "Working standards"
				means the weights and measures standards that have been tested, calibrated and
				certified as accurate by the Weights and Measures
				Labopratory.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Section 42-26-4 - Fees and Charges

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Division shall charge laboratory testing and calibration fees for the testing
				of working standards according to the Fee Schedule in Appendix A.
4.2. The Division shall charge a $25.00
				cleaning fee in addition to any testing and calibration fee if a working
				standard must be cleaned before it can be tested or calibrated.
4.3. The Division shall charge a $25.00 fee
				if the owner of the working standard does not give at least 48 hours notice of
				cancellation for a scheduled appointment.
4.4. The Division shall charge a comparable
				fee for metric standards as for customary standards as shown on the Fee
				Schedule in Appendix A.
4.5. The
				Division shall charge the fee shown on the Fee Schedule in Appendix A for the
				retesting of a rejected or condemned working standard.
4.6. When working standards are shipped to
				and from the Weights and Measures Laboratory, the owner of the working standard
				shall pay the shipping charges.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Section 42-26-5 - Certification of Conformance of Working Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. When the Weights and Measures Laboratory
				certifies the accuracy of a working standard after it has been tested and
				calibrated, it shall issue a written certification of conformance that
				identifies the standard by number or other means of identification, the date of
				the certification and the date of expiration of the certification.
5.2. If a working standard, or any part of a
				working standard, has been sealed with a wire or lead seal after certification,
				and the seal is subsequently broken, the working standard shall be retested
				before being used.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Section 42-26-6 - Payment of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Division shall provide the owner of any working standards it tests and
				calibrates with an invoice for services rendered.
6.2. The owner shall pay the invoice within
				30 days of receipt of the invoice.
6.3. The Division may refuse services to any
				person, firm, corporation or government entity who has failed to pay an invoice
				for services.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Section 42-26-7 - Working Standards Unsuitable for Testing and Calibrating

Current through Register Vol. XLI, No. 28, July 12, 2024
If the Division determines that a working standard is not
				  suitable for testing and calibrating, the Division reserves the right to refuse
				  to perform the testing and calibrating.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-26 - Weights and Measures Calibration Fees › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
Weights and Measures Laboratory Testing and Calibration
				  Frequency and Fee Schedule
Volumetric or Prover Standard
Required Testing and Calibration Frequency
Testing and Calibration Fee
Storage Fee
Prover - up to 5 gallons
annually
$30.00 each
$2.00/day
Prover - from 6 to 49 gallons
annually
$100.00 each
15% of calibration fee/one time charge
Prover - from 50 to 399 gallons
annually
$200.00 each
15% of calibration fee/one time charge
Prover - over 400 gallons
every 5 years
$500.00 each
15% of calibration fee/one time charge
LPG (Propane) Prover, 25 gallons
every 5 years
$250.00 each
15% of calibration fee/one time charge
LPG (Propane) Prover, 100 gallons
every 5 years
$500.00 each
15% of calibration fee/one time charge
Miscellaneous
Standard:
						  Diameter
and Weight
Required Testing and Calibration Frequency
Testing and Calibration Fee
Storage Fee
Lottery Daily 3
Monthly 
						  1
$25.00 per set of 10 balls
None
Lottery Cash 25
Monthly 
						  1
$50.00 per case of 25 balls
None
Mass or Weight Standard
Required Testing and Calibration Frequency
Testing and Calibration Fee
Storage Fee
Weight cart or buggy2
annually
$200.00 each
15% of calibration fee/one time charge
Weights under 20 pounds3
annually
$5.00 per weight
$2.00/day
Weights from 20 to 499
						  pounds3
annually
$10.00 per weight
15% of calibration fee/one time charge
Weights from 500 to 1,999
						  pounds3
annually
$30.00 per weight
15% of calibration fee/one time charge
Weights over 2,000 pounds3
Fixed location coal load out weights, every 5 years. All
						  other weights, annually
$30.00 per weight
15% of calibration fee/one time charge
Pharmacy weight kit
every 5 years
$50.00/kit up to 16 weights. Additional $5.00 per weight
						  for kits with more than 16 weights.
$2.00/day
1 Monthly testing and calibration
				  frequency on lottery balls is set by the Lottery Commission.
2 In addition to the calibration
				  and testing fee, there is an additional $20.00 adjustment fee on any weight
				  cart or buggy needing adjustment.
3 In addition to the calibration
				  and testing fee, there is an additional $10.00 adjustment fee per weight on any
				  weight weighing between 1 and 25 pounds needing adjustment. On any weight
				  weighing more than 25 pounds there is an additional $20.00 adjustment fee for
				  each weight needing adjustment.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish the general procedures for conducting
				contested case hearings dealing with civil penalties under the West Virginia
				Weights and Measures Act.
1.2.
				Authority. -- W. Va. Code §
									47-1-3(c).
1.3. Filing Date. -- August 27,
				2008.
1.4. Effective Date. --
				September 29, 2008.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-2 - Notice of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Notice of hearing in all cases shall be given at least ten (10) days prior to
				the date of the hearing, stating:
2.1.1. the
				time, day, and location of the hearing;
2.1.2. a short plain statement of the matter
				asserted; and
2.1.3. a statement of
				intention to appoint a hearing examiner if one is to be appointed pursuant to
				Section 7 of these rules.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-3 - How Hearings are to be Conducted

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any party shall have the right to be
				represented by an attorney-at-law, duly qualified to practice in the State of
				West Virginia, or to represent himself or herself; Provided, that corporations
				shall be represented by an attorney-at-law, not a corporate officer or any
				other person.
3.2. The Division of
				Labor will present its case regarding whether a violation of any provisions of
				W. Va. Code §
									47-1-1,
et seq
., or any rule promulgated thereunder, occurred and
				whether civil penalties are due under the specified weights and measures laws.
				Any party alleged to have committed a violation and owe such penalties shall
				thereafter be afforded the opportunity to present its case in defense. The
				Division of Labor will then be allowed to present its rebuttal.
3.3. Every party shall have the right of
				cross-examination of witnesses who testify.
3.4. Following the presentation of all the
				evidence, any party shall have the right to offer argument, not to exceed a
				reasonable time limit as determined by the Commissioner or the hearing
				examiner.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-4 - Continuation and Adjournment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Hearings may be continued from one day
				to another or adjourned to a later date or a different place by announcement
				thereof at the hearing or by appropriate notice to all parties. A written
				motion for a continuance shall be filed at least five (5) days prior to the
				scheduled hearing date.
4.2. Except
				for good cause shown, a party shall be permitted only one (1) motion for a
				continuance related to any particular hearing.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-5 - Transcript of Reported Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. What reported. -- All testimony,
				evidence, arguments and rulings on the admissibility of testimony and evidence
				shall be reported by stenographic notes and characters or by mechanical
				means.
5.2. Request from any party.
				-- Upon request to the Commissioner or hearing examiner, all reported materials
				shall be transcribed and a copy thereof furnished to such party at the
				requesting party's expense.
5.3.
				Responsibility for transcript. -- The Commissioner shall have the
				responsibility for making arrangements for the transcription of the reported
				testimony and evidence.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-6 - Submission of Proposed Findings of Fact and Conclusions of Law; Time for Submission

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Any party may submit proposed findings of fact and conclusions of law to the
				Commissioner or hearing examiner within fifteen (15) days of the conclusion of
				a hearing, or a date agreed upon by all parties, or in the event that the
				proceedings of the hearing are transcribed, within fifteen (15) days from the
				date final transcript is available.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-7 - Appointment of Hearing Examiner; Function of Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commissioner may, in his or her discretion, appoint a
				  hearing examiner who shall be empowered to subpoena witnesses and documents
				  administer oaths and affirmations, to examine witnesses under oath, to rule on
				  evidentiary questions, to hold conferences for the settlement or simplification
				  of issues by consent of the parties and to otherwise conduct
				  hearings.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-8 - Orders; content

Current through Register Vol. XLI, No. 28, July 12, 2024
Every final order entered by the Commissioner, or hearing
				  examiner, following a hearing conducted pursuant to these rules, shall be made
				  pursuant to the provisions of W. Va. Code §
									29A-5-3 of
				  1931, as amended. Such orders shall be entered within thirty (30) days
				  following the submission of all documents and materials, including transcripts
				  and proposed findings of fact and conclusion of law.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-9 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order or ruling entered in
				  accordance with these regulations shall be in accordance with the provisions of
				  W. Va. Code §
									29A-5-4.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-27 - Rules Of Procedure For Contested Case Hearings Dealing with Civil Penalties Under The Weights And Measures Act › Section 42-27-10 - 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 circumstance shall be held invalid, such invalidity thereof shall
				  not affect the provision or application of these regulations which can be given
				  effect without the invalid provision or application and to this end the
				  provisions of these regulations are declared to be severable.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-30 - Nurse Overtime Complaints › Section 42-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				legislative rule governs the procedures for the handling of nurse overtime
				complaints against hospitals in accordance with W. Va. Code §§
									21-5F-4
				and W. Va. Code
				29A-5-1
				et seq.
1.2. Authority. -- W. Va..
				Code §21-5F-4.
1.3. Filing
				Date. -- April 7, 2006.
1.4.
				Effective Date. -- July 1, 2006.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-30 - Nurse Overtime Complaints › Section 42-30-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This legislative rule
				applies to the West Virginia Division of Labor and all persons, firms or
				corporations governed or otherwise defined under the coverage of the West
				Virginia Code § 21-5F-1 et seq.
2.2. Enforcement. The enforcement of this
				rule is vested with the West Virginia Division of Labor in accordance with West
				Virginia Code §
									21-1-3 et
				seq.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-30 - Nurse Overtime Complaints › Section 42-30-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The "Act"
				means the Nurse Overtime and Patient Safety Act, W.Va. Code §
									21-5F-1
				et seq., and this rule.
3.2.
				"Commissioner" means the commissioner of the West Virginia Division of
				Labor.
3.3. "Complaint" means the
				filing of allegations which indicate a violation of the Act or this rule and
				which requires an investigation by the division.
3.4. "Division" means the West Virginia
				Division of Labor.
3.5. "Hospital"
				means a facility licensed under the provisions of article five-v, chapter
				sixteen of this code, but does not include hospitals operated by state or
				federal agencies.
3.6. "Nurse"
				means a certified or licensed practical nurse or a registered nurse who is
				providing nursing services and is involved in direct patient care activities or
				clinical services, but does not include certified nurse anesthetists. Nurse
				managers are included with respect to their delivery of in-hospital patient
				care.
3.7. "On-call time" means
				time when the employee is off the clock and away from the employer's premises
				but the employer maintains certain restrictions as to the employee's use of
				that time. On-call time may exist while on the employer's premises but is
				always regarded as on the clock.
3.8. "Overtime" means, for the purpose of
				this rule, the hours worked in excess of an agreed upon, predetermined,
				regularly scheduled shift.
3.9.
				"Regularly scheduled shift" means a routinely scheduled work period which is
				predetermined and does not distinguish between full-time or part-time.
3.10. "Taking action against" means
				discharging; disciplining; threatening; reporting to the board of nursing;
				discriminating against; or penalizing regarding compensation, terms,
				conditions, location or privileges of employment.
3.11. "Twenty-four hour period" means the
				twenty-four hours immediately following a break of at least eight
				hours.
3.12. "Unforeseen emergent
				situation" means an unusual, unpredictable or unforeseen circumstance such as,
				but not limited to, an act of terrorism, a disease outbreak, adverse weather
				conditions or natural disasters. An unforeseen emergent situation does not
				include situations in which the hospital has reasonable knowledge of increased
				patient volume or decreased staffing, including, but not limited to, scheduled
				vacations and scheduled health care worker medical leave.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-30 - Nurse Overtime Complaints › Section 42-30-4 - Overtime Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.No nurse may be required to work beyond
				their regularly scheduled shift except in unforeseen emergent situations that
				jeopardizes patient safety, when required to fulfill prescheduled on-call time,
				or when required to complete a single patient care procedure already in
				progress.
4.2. No nurse may be
				permitted to work in excess of sixteen consecutive hours in a twenty-four hour
				period, including voluntary overtime except in unforeseen emergent situations
				that jeopardizes patient safety, when required to fulfill prescheduled on-call
				time, or when required to complete a single patient care procedure already in
				progress.
4.3. On-call time which
				is off premises and compensation is not required by federal or state law shall
				not be considered as time worked when calculating the maximum permissible hours
				to be worked.
4.4. On-call hours
				which are on the employer's premises or for which law required the employee to
				be paid compensation shall be considered as work time when calculating the
				maximum permissible hours to be worked.
4.5. A nurse shall be given a break of at
				least eight hours after working twelve consecutive hours. If the twelve hour
				maximum is reached during a scheduled shift, the break may be delayed until the
				end of the shift or the sixteen hour maximum as required by W. Va. Code
				§21-5F and this rule.
4.6. An
				employer is prohibited from taking action against a nurse who refuses an
				assignment of overtime in violation of W.Va. Code §21-5F or for any action
				by a nurse relative to his or her rights to refuse overtime assignments. The
				filing of a complaint is considered a nurse's right under the provisions of W.
				Va. Code §21-5F and this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-30 - Nurse Overtime Complaints › Section 42-30-5 - Confidentiality of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				All investigations, complaints, reports, records, proceedings and other
				information received by the Division and related to complaints pursuant to this
				rule, including the identity of the complainant or respondent, are confidential
				and shall not be knowingly and improperly disclosed by any person, the
				commissioner or Division staff, except as follows:
(a) Upon a finding that probable cause exists
				to believe that a respondent has violated the provisions of the act, the
				complaint and all reports, records, non-privileged and non-deliberative
				materials introduced at any probable cause hearing held pursuant to the
				complaint are thereafter not confidential: Provided, that the confidentiality
				of the information shall remain in full force and effect until the respondent
				has been served with a copy of the statement of charges;
(b) Any subsequent hearing held in the matter
				for the purpose of receiving evidence or the arguments of the parties or their
				representatives shall be open to the public and all reports, records and
				non-deliberative materials introduced into evidence at the subsequent hearing,
				as well as the commissioner's orders, are not confidential;
(c) The complaint as well as the identity of
				the complainant shall be disclosed to a person named as respondent in any
				complaint filed immediately upon the respondent's request; or
(d) Where the commissioner or the Division is
				otherwise required by the provisions of the Act to disclose the information or
				to proceed in a manner that disclosure is necessary and required to fulfill the
				requirements.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule is for the enforcement of the Verifying Legal Employment Status of Workers
				Act, W. Va. Code §
									21-1B-1,
et seq.
Employers in West Virginia are responsible for
				verifying the legal employment status of their employees, and for properly
				reporting their employment status to appropriate government agencies. Employers
				may not hire unauthorized or undocumented employees and may be subject to
				criminal penalties for doing so. The purpose of this rule is to clarify an
				employer's record-keeping responsibilities for the verification of employees'
				legal employment status, and actions by the Commissioner against an employer in
				violation of the Act's requirements.
1.2. Authority. -- W. Va. Code §
									21-1B-3.
1.3. Filing Date. - April 22,2015.
1.4. Effective Date. - July 1,2015.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to all employers who have employees working in
				the State of West Virginia.
2.2.
				Enforcement. The enforcement of this rule is vested with the West Virginia
				Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The "Act"
				means the Verifying Legal Employment Status of Workers Act, W. Va. Code §
									21-1B-1,
et seq.
3.2.
				"Business days" means, for purposes of the Act and this rule, any day other
				than Saturday, Sunday, or any legal holiday as set forth in W. Va. Code §
									2-2-1.
3.3. "Central record-keeping location" means
				the location where employment records are customarily maintained by the
				employer.
3.4. "Commissioner" means
				the Commissioner of the Division of Labor or his or her duly authorized
				representatives.
3.5. "Division"
				means the West Virginia Division of Labor.
3.6. "Employee" means any individual employed
				by an employer.
3.7. "Employ" means
				to hire, suffer, or permit to work for compensation.
3.8. "Government agency" means, for purposes
				of the Act and this rule, any agency of the United States, a state, or a
				political subdivision of a state.
3.9. "Place of employment" means an
				employer's headquarters, central record-keeping location, or site of work.
3.10. "Proof of legal employment
				status" or "authorization to work" means the documents required by the
				Commissioner for the purpose of verifying an employer's compliance with the
				provisions of the Act.
3.11.
				"Seventy-two hours" means, for purposes of the Act and this rule, three
				business days.
3.12. "Unauthorized
				worker" means a person who does not have the legal right to be employed or is
				employed in violation of the Act and this rule.
3.13. "Undocumented worker" means an employee
				for whom an employer does not have the records required by the Act and this
				rule.
3.14. "Willfully" means, for
				purposes of this rule, an employer who voluntarily, knowingly, deliberately or
				intentionally disregards the provisions of the Act.
3.15. "Valid document" means a document that
				is unexpired on the date the employee was hired.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-4 - Employer's Responsibility to Verify Employees' Legal Employment Status; and Employment of Unauthorized or Undocumented Workers Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An employer
				shall verify all employees' legal employment status prior to their first day of
				employment or prior to entering into a contract for employment of any
				individual.
4.2. An employer shall
				not knowingly hire or continue to employ an unauthorized or undocumented
				worker.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-5 - Record-keeping Requirements; and Content of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An employer shall maintain a written
				record of the name and address of each employee, the employee's rate of pay,
				hours of employment, payroll deductions, and amount of net pay for each pay
				period.
5.2. In addition to the
				requirements of subsection 5.1 of this rule, an employer shall document proof
				of each employee's legal employment status. The following documents shall be
				accepted as proof of an employee's legal employment status:
5.2.1. A valid social security
				card;
5.2.2. A valid immigration or
				non-immigration visa including photo identification;
5.2.3. A valid birth certificate;
5.2.4. A valid passport;
5.2.5. A valid photo identification card
				issued by a government agency;
5.2.6. A valid permit issued by the United
				States Department of Justice;
5.2.7. A valid work permit or supervision
				permit issued to a minor child under the age of 18 years and authorized by the
				Division; or
5.2.8. Any other valid
				document providing evidence of legal employment status in the United
				States.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-6 - Records to be Open or Produced for Inspection by the Commissioner; and Notice to Produce Records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				employer shall keep employee records in a safe and accessible manner at the
				place or places of employment, or at one or more established central
				record-keeping offices where the records are customarily maintained.
6.2. During the course of an investigation to
				determine an employer's compliance with the Act and this rule, the Commissioner
				may ask an employee his or her name and the name of his or her
				employer.
6.3. An employer shall
				permit the Commissioner to inspect employee records required by the Act and
				this rule at reasonable times for examination, copying, photographing or
				otherwise reproducing in order to determine an employer's compliance with W.
				Va. Code §§
									21-1B-3
				and 4.
6.3.1. If employee records are kept
				and maintained at a work site, an employer shall make all records required by
				this rule available to the Commissioner immediately.
6.3.2. If all employee records are not
				immediately available, the Commissioner shall issue a "Notice to Produce
				Records or Documents" to the employer or to the individual designated by the
				employer to be in charge of the work site.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-7 - Issuance of a Citation for Employer's Failure to Produce Required Records or Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				If an employer fails to respond to a "Notice to Produce Records or Documents"
				or otherwise fails to produce the records or documents required by the Act and
				this rule within the time frames set forth in section 6 of this rule, the
				Commissioner may issue a "State of West Virginia Uniform Citation."
7.2. If the Commissioner issues a State of
				West Virginia Uniform Citation, he or she shall promptly file it with a
				magistrate or circuit court in the county where the employer's violation
				occurred.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-31 - Verifying the Legal Employment Status of Workers › Section 42-31-8 - Confirming the Validity of an Employee's Legal Employment Status; Limitations on the Use of Confidential or Identifying Information

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Commissioner may ask the Bureau of
				Employment Programs, the Division of Motor Vehicles or any other state agency
				for assistance in confirming the validity of an employee's legal employment
				status.
8.2. The Commissioner may
				provide information to the Bureau of Employment Programs, the Department of
				Motor Vehicles, and any other state agency, for the limited purpose of
				confirming the validity of an employee's employment legal status.
8.3. The Commissioner shall use any
				confidential or identifying information obtained for the limited purpose of
				confirming the validity of an employee's legal employment status.
8.4. Any confidential or identifying
				information shall be redacted or otherwise expunged from any permanent record
				maintained by the Division and prior to any lawful request for the release
				thereof.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs licensing,
				fees, examinations, and penalties for violations in accordance with W. Va. Code
				§
									21-14-1
et seq
. and §
									21-17-1
et
				seq
.
1.2. Authority. -- W.
				Va. Code §
									21-14-4 and §
									21-17-12.
1.3. Filing Date. -- March 31,
				2023.
1.4. Effective Date. -- May
				1, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to all persons and matters governed
				by or otherwise within the jurisdiction of the Supervision of Plumbing Work
				Act, W. Va. Code §
									21-14-1
et seq
.
2.2. Enforcement. The enforcement of this
				legislative rule is vested in the West Virginia Division of Labor.