reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-51 - Bookstores And Textbooks › Section 135-51-3 - West Virginia Code Mandates

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Each institutional governing board under the jurisdiction of the Council shall
				promulgate rules that fully and adequately address the statutory mandates of W.
				Va. Code §
									18B-10-14.
				Specifically, these rules shall, at a minimum:
3.1.a. Provide specific mechanisms to ensure
				that bookstores operated at institutions under the governing board's
				jurisdiction minimize the costs to students for textbooks and course materials.
				To that end, the governing board rule shall:
3.1.a.1. Commit, to the maximum extent
				practicable, to the number of used books the bookstore will repurchase from
				students at the end of each semester.
3.1.a.2. Commit, to the maximum extent
				practicable, a range of percentage repurchase prices based on the new textbook
				price.
3.1.a.3. Commit, to the
				maximum extent practicable, to a selection procedure that will ensure certain
				basic textbooks will be utilized for a reasonable number of consecutive years
				without new editions being adopted, or selection of basic textbooks where
				earlier editions are easily and appropriately utilized in the
				courses.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-51 - Bookstores And Textbooks › Section 135-51-4 - Federal Mandates

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				institutional governing board under the jurisdiction of the Council shall
				promulgate rules that fully and adequately address the federal mandates
				regarding textbooks contained in the Higher Education Opportunity Act of 2008 (
				Public Law
				110-315 ). Specifically, these rules shall, at a
				minimum:
4.1.a. Provide that textbook
				publishers soliciting any employee of the governing board to select textbooks
				or supplemental course material provide that employee, in writing:
4.1.a.1. The price of the textbook and
				supplemental course materials;
4.1.a.2. The copyright dates of the three
				previous editions, if any;
4.1.a.3.
				A description of substantial content revisions from the previous
				editions;
4.1.a.4. Whether the
				textbook is available in other lower cost formats and, if so, the price to the
				institution and the general public;
4.1.a.5. The price of textbooks unbundled
				from supplemental material; and
4.1.a.6. The same information, to the extent
				practicable, for custom textbooks.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-51 - Bookstores And Textbooks › Section 135-51-5 - Textbook Affordability Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each institution shall establish a
				permanent Textbook Affordability Committee consisting of faculty, students,
				administrators and bookstore representatives which shall meet periodically, but
				at least annually, to advise the faculty senate, student government,
				administration, and institutional board of governors on affordability issues
				and initiatives, textbook selection guidelines and strategies, and educational
				opportunities.
5.2. The governing
				board shall annually meet with the Textbook Affordability Committee to receive
				any recommendations or reports it may have generated and copies of any such
				recommendations and reports shall be transmitted to the Chancellor of the
				Council.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-51 - Bookstores And Textbooks › Section 135-51-7 - Deadline

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The rules
				required by this rule shall be adopted by each governing board within 180 days
				of the effective date of this rule.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the policy regarding annual reauthorization of degree-granting
				institutions which offer degrees not above the associate level.
1.2. Authority. -- W. Va. Code §
									18B-4-7.
1.3. Filing Date. -- March 20,
				2023.
1.4. Effective Date. -- April
				20, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect April 20,
				2028.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				"Accreditation" means a review of the quality of higher education institutions
				and programs to ensure that such institutions meet acceptable levels of
				quality, which is attained by the institution through meeting standards set by
				a nongovernmental entity (i.e., an accrediting organization recognized by the
				U.S. Department of Education) as well as federal and State government agencies
				authorized to set such standards.
3.2. "Authorization" means the status
				attained by the institution that allows the institution to offer postsecondary
				programs and courses within the State of West Virginia. This status is granted
				by the Council for Community and Technical College Education when the
				institution demonstrates compliance with the requirements for such
				status.
3.3. "Chancellor" means the
				Chancellor for Higher Education as that term is defined by W. Va. Code §
									18B-2-1 or his or her
				designee.
3.4. "Commission" means
				the West Virginia Higher Education Policy Commission.
3.5. "Council" means the West Virginia
				Council for Community and Technical College Education.
3.6. "Degree" means any earned award
				conferred by a higher education institution which represents satisfactory
				completion of the requirements of a program at the associate level.
3.7. "Institution" means any person, firm,
				corporation, association, agency, institute, trust or other entity of any
				nature whatsoever offering education beyond the secondary level which:
3.7.1. offers courses or programs of study or
				instruction which lead to or which may reasonably be understood to be
				applicable toward an associate or other specialized certification/degree
				designation at or below the associate level; or
3.7.2. operates a facility as a college or
				university or other entity in the State of West Virginia which offers degrees
				or other indicia of a level of educational attainment beyond the secondary
				school level; or
3.7.3. uses the
				term "college" or "university," or words of like meaning, in its name or in any
				manner in connection with its academic affairs or business.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-4 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Institutional
				exemption is subject to annual review and/or revocation any time the activity
				deviates from the original determination factors for exemption. An institution
				which claims to be exempt under the provisions of this section must submit such
				information as may be required by the Council to determine whether the
				institution is exempt from reauthorization.
4.2. Any institution fully authorized to
				operate in West Virginia prior to the effective date of this rule is subject to
				the provisions of this rule pertaining to reauthorization.
4.3. The following institutions shall be
				exempt from the provision of this rule:
4.3.1. Out-of-state institutions:
4.3.1.a. offering courses through brokering
				or other collaborative arrangements with a West Virginia public institution of
				higher education and which support programmatic offerings of the state
				institution;
4.3.1.b. offering a
				short course or seminar in which the instruction for the segment takes no more
				than twenty classroom hours, and is not for college credit;
4.3.1.c. offering courses or programs on a
				military installation solely for military personnel or civilians employed on
				such installation;
4.3.1.d.
				offering courses or programs at a location in West Virginia by the authority of
				the Council for a designated period of time; or
4.3.1.e. offering online courses or programs
				with Council approval for a specified period of time.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-5 - Annual Reauthorization

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				All institutions authorized by the Council at the associates level must
				annually submit a reauthorization application report in a format prescribed by
				the Chancellor. The annual reauthorization year will be from July 1 through
				June 30, with the 2012-2013 year being the initial reporting year. The annual
				application is due each November 1 and must be accompanied by an annual fee as
				provided in section 9 of this rule.
5.2. Reauthorization applications postmarked
				after November 1 or other due date will be assessed a late renewal fee as
				prescribed in section 9 of this rule.
5.3. Upon request by the Council, authorized
				institutions must provide documentation necessary to assess the performance of
				the institution.
5.4. The
				reauthorization application shall include the following:
5.4.1. Name and address of the institution of
				higher education.
5.4.2. Chief
				executive officer's name, title, address, phone number, and email
				address.
5.4.3. Institutional
				liaison's name, title, address, phone number, and email address.
5.4.4. Verification of current accreditation
				status and copy of latest annual Higher Learning Commission Institutional
				Update Report or other USDE-recognized regional accrediting agency.
5.4.5. Full and part-time student enrollments
				of resident and non-resident students for each term and/or period of
				instruction during the most recent reporting year.
5.4.6. A current schedule of fees and charges
				for tuition.
5.4.7. First to second
				year retention rates for first-time, full-time certificate and degree-seeking
				students for the most recent year.
5.4.8. Graduation rates for undergraduate
				degree-seeking first-time, full-time students for the most recent graduating
				three-year cohort year.
5.4.9.
				Licensure pass rates for completion of all professional programs, e.g., allied
				health, for the most recent year.
5.4.10. A plan for the retention, custody,
				and retrieval of student records, including but not limited to academic
				transcripts, financial aid documents, international student forms, and tax
				information, in the event of closure of the institution or discontinuance of
				service. The plan shall include a method by which students and alumni of the
				institution will be able to retrieve such records upon request; and
5.4.11. Any additional information or data as
				deemed necessary.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-7 - Dissemination of Institutional Information

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Council shall make available to the
				public, information on matters of institutional performance that are not
				confidential and not restricted by federal or state laws or regulations. Such
				information may be posted on the Council's website or disseminated through
				other appropriate venues.
7.2. The
				Council office shall maintain a list of institutions authorized to grant
				certificates and degrees and shall make such list available to the
				public.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-8 - Change of Ownership and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Authorization of an institution
				terminates when a change in ownership or control of the institution changes
				from that indicated on the institution's most recent reauthorization
				application unless the institution files an application within ten (10)
				business days after the change of ownership or control. Such institution shall
				submit an application reflecting the change in ownership and control and an
				application fee of $500.
8.1.1. If an
				institution files an application requesting approval of a change of ownership
				and control more than ten (10) business days after such change takes effect,
				the authorization terminates and such an application will be considered as an
				application for authorization and the institution shall pay the fees specified
				in 135 C.S.R. 20,
Initial Authorization for Degree-Granting
				Institutions
.
8.1.2. An
				authorized institution shall notify the Council of any anticipated change in or
				control at least thirty (30) days prior to the change in ownership and
				control.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-9 - Reauthorization Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				non-refundable fee of $500 shall accompany the submission of the annual
				application report for reauthorization.
9.2. Failure to file the annual report or to
				pay the report fee shall be sufficient grounds for denial of reauthorization,
				suspension, or revocation of degree granting authority. An institution filing a
				report that is postmarked after the November 1 due date will be assessed a late
				fee of $300.
9.3. The annual fee
				and annual report requirements shall be applicable for all years of
				authorization through the Council.
9.4. Public institutions located in West
				Virginia are exempt from the requirement of payment of reauthorization fees as
				provided in this section.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-10 - Sanctions and Termination of State Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Intermediate sanctions.
10.1.1. If an institution fails to comply
				with the provisions for reauthorization in this rule, the Council may
				progressively impose one or more of the following sanctions.
10.1.1.a. Require the submission and
				implementation of an improvement plan to address or correct problems identified
				by the Council.
10.1.1.b. Suspend
				the ability of an institution to enroll students for one or more of the
				approved programs offered by the institution.
10.1.1.b.1. In addition to the foregoing, the
				Council may suspend the ability of an institution to enroll future students and
				deny reauthorization for the next year if any of the following occur:
10.1.1.b.2. The institution fails to provide
				to the Council an approved teach-out plan within the requisite time after being
				notified by its accreditor or the Council that it needs to do so;
10.1.1.b.3. The institution continuously
				fails to provide essential student services in a timely manner, including
				without limitation processing transcript requests or financial aid;
				or
10.1.1.b.4. The institution
				fails to comply with State or federal wage and hour laws or employee
				compensation contracts or the statutory requirements regarding any required
				subscription to the Unemployment Compensation Fund or workers' compensation
				insurance, the payment of premiums or other charges as required to maintain
				such coverage, the timely filing of payroll reports, or the maintenance of
				adequate deposits.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-11 - Notification and Deposit of Records Upon Discontinuance of Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If an
				authorized institution, branch campus, or extension program of an authorized
				institution discontinues operation in this state, its chief executive officer
				shall notify the Council of the date of discontinuance and the name and address
				of the agency where records will be maintained.
11.2. Institutions shall permanently maintain
				their records so that authorized parties may obtain thereof. Such records shall
				include but not be limited to information pertaining to the admission of each
				student and former student and the educational record of each student and
				former student.
Institutions shall retain financial aid records of each
				  student and former student shall be retained in accordance with state and
				  federal law.
11.3. When an
				institution decides to cease postsecondary education operations, it must assist
				students to find alternative means to complete their studies with a minimum of
				disruption, and inform the Council of the following:
11.3.1. the planned date of termination of
				postsecondary education operations;
11.3.2. the planned date for the transfer of
				student records;
11.3.3. The name
				and address of the organization to receive and hold the student records, if
				different from the institution itself; and
11.3.4. The official at the organization who
				the institution has designated as the records custodian to provide official
				copies of records or transcripts upon request.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-52 - Annual Reauthorization of Degree-Granting Institutions › Section 135-52-12 - Notification: Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Once
				the Council has received and verified the accuracy of information constituting
				any of the grounds for adverse action identified in this rule, the Council
				shall notify the institution and its owner in writing of its intent to
				recommend denial or suspension, or revocation of reauthorization or other
				adverse action and the grounds for such recommendation.
12.1.1. The owner of the institution may,
				within ten (10) business days of receipt of such notice, request a hearing upon
				the recommended action. Such hearing, if requested, shall be commenced by the
				Chancellor within twenty (20) business days of such request at a location
				designated by the Chancellor.
12.1.2. The hearing shall be conducted by the
				Chancellor, pursuant to the West Virginia Administrative Procedures Act, W. Va.
				Code §
										29A-5-1, et seq.
12.1.3. The Chancellor may continue the
				hearing at the request of the institution for good cause shown. Continuance
				shall not be granted as a matter of right.
12.1.4. If the owner or a representative of
				the institution does not request a hearing within the requisite time period,
				the recommendation of the Chancellor shall be deemed unchallenged by the
				institution and reported to the Council for final action.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-4 - Classification and Compensation System Goals and Objectives (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-6 - Classification Review Request of Existing Position (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-8 - Compensation Planning and Review Committee (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-9 - Compensation: Classified Market Salary Structure and Minimum Salary Schedule (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-10 - Salary Benchmarking (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-11 - Full Funding: Temporary Higher Education Classified Employee Annual Salary Schedule (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-12 - Classification System Methodology Audit (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-13 - Nonclassified Employees (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-53 - Human Resource Administration (Repealed) › Section 135-53-14 - Employee Performance Evaluations (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				joint rule establishes policy in a number of areas regarding human resources
				administration for the employees of the West Virginia Council for Community and
				Technical College Education (Council) and the public higher education
				institutions in West Virginia under the jurisdiction of the Council. It also
				provides guidelines for governing boards relative to decisions pertaining to
				public higher education employees.
The primary responsibility for implementation rests with the
				  Council, in consultation with the West Virginia Higher Education Policy
				  Commission (Commission), who shall provide leadership and assistance to the
				  human resources professionals, presidents and boards of governors of each
				  organization to bring about the changes successfully and to support the human
				  resources function of each organization.
1.2. Authority. -- W. Va. Code §
									18B-1B-6, §
									18B-4-2 a, §18B-7,
				§18B-8, §18B-9A and §18B-9B.
1.3. Filing Date. -- March 20,
				2023.
1.4. Effective Date. -- April
				20, 2023.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on April 20,
				2028.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The intent of
				this rule is to establish human resources policies applicable to public higher
				education capable of, but not limited to, meeting or assisting the governing
				boards in the following objectives.
2.1.1.
				Implementing contemporary programs and practices to reward and incentivize
				performance and enhance employee engagement;
2.1.2. Providing benefits to the citizens of
				the State of West Virginia by supporting the public policy agenda as
				articulated by state policymakers;
2.1.3. Addressing fiscal responsibility by
				making the best use of scarce resources and promoting fairness, accountability,
				credibility and transparency (FACT) in personnel decision-making;
2.1.4. Providing for job requirements and
				performance standards for classified staff positions, with annual job
				performance evaluations for classified staff and provisions for job performance
				counseling when appropriate;
2.1.5.
				Building upon human resources best practices to prevent, reduce, or, wherever
				possible, eliminate arbitrary and capricious decisions affecting employees of
				higher education organizations;
2.1.6. Creating stable, self-regulating human
				resources policies capable of evolving to meet changing needs;
2.1.7. Providing for institutional
				flexibility with meaningful accountability;
2.1.8. Adhering to federal and state laws,
				promulgated and adopted rules;
2.1.9. Enhancing the sharing of human
				resources best practices throughout the state higher education
				system;
2.1.10. Encouraging
				organizations to pursue a human resources strategy which provides monetary and
				non-monetary returns to employees in exchange for their time, talents, and
				efforts to meet articulated goals, objectives and priorities of the State, the
				Council and the organization;
2.1.11. Maximizing the recruitment,
				motivation and retention of highly qualified employees, promoting satisfaction
				and engagement of employees with their jobs, promoting job performance and
				achieving desired results;
2.1.12.
				Requiring each higher education organization under the jurisdiction of the
				Council to achieve full funding of the salary schedule minimum salary levels
				for classified employees, providing funding is available;
2.1.13. Implementing contemporary programs
				and practices to reward and incentivize performance and enhance employee
				engagement;
2.1.14. Developing and
				implementing a classification and compensation system that is fair,
				transparent, understandable, easy to administer, self-regulating, and adaptable
				to meet future goals and priorities; and
2.1.15. Providing current, reliable data to
				governing boards, the Council, the Commission, the Governor and the Legislature
				to inform the decision-making process of these policymakers.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				definitions related to higher education human resources administration are
				outlined in the attached document, Appendix A.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-4 - Types of Employment and Benefit Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Casual Employee. A casual employee
				position is a position created to meet business needs for no more than 450
				hours in a twelve-month period. Individuals in a casual employee position are
				not eligible for benefits.
4.2.
				Full-Time Regular Employee. Any employee in a position created to last a
				minimum of nine months of a twelve-month period and in which such employee is
				expected to work no less than 1,040 hours during said period. The full-time
				equivalent (FTE) of such a position must be reported at no less than .53 FTE.
				Such an employee is eligible for all applicable benefits of a full-time regular
				employee, subject to the qualifying conditions of each benefit. Such benefits
				shall be prorated in relation to a 1.00 FTE.
4.3. Part-Time Regular Employee. An employee
				in a position created to last less than 1,040 hours during a twelve-month
				period. Part-time regular positions typically continue from one fiscal year to
				another. An employee in a part-time regular position is not eligible for
				benefits.
4.4. Temporary Employee.
				An employee hired into a position expected to last fewer than nine months of a
				twelve-month period. Temporary employees may be part-time temporary or
				full-time temporary. A temporary employee is not eligible for
				benefits.
4.5. Although part-time,
				casual, temporary and student employees are not eligible for higher education
				benefit programs, institutions are cautioned to monitor average hours worked
				per week to identify situations where eligibility for health insurance is
				triggered and compliance with the federal Affordable Care Act (ACA) is
				required. No number of ACA eligible periods of part-time, temporary, casual or
				student employment shall create any presumption of a right to appointment as a
				full-time or part time regular employee.
4.6. Any employee may elect to enroll and
				contribute wages to a 403(b) tax deferred retirement savings account.
				Enrollment is voluntary and 403(b) deferrals are not matched by the employer.
				Election to defer wages to a retirement savings account shall not create any
				presumption of a right to appointment as a full-time or part-time regular
				employee.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-6 - Part-Time and Temporary Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Institutions are discouraged from hiring
				part-time employees solely to avoid the payment of benefits or in lieu of
				full-time employees and shall provide all classified employees with less than
				twelve month appointments with the opportunity to accept part-time or full-time
				summer employment before new persons are hired for the part-time or full-time
				employment, provided the classified employee meets the established position
				qualifications.
6.2. Change in
				status. The president or his/her designee will review and make a final
				determination as to the status or change in status of any employee.
				Determination of status or change in status means assignment to, or change in
				the type of employment or the category to which an employee is
				assigned.
6.3. When the president
				or his/her designee determines that a part-time regular employee becomes a
				full-time regular employee, he/she shall credit that employee's previous
				service toward any calculation of length of service for purposes of this rule
				and benefit eligibility based upon a prorated comparison against a 1.00 FTE.
				Previous length of service as temporary, casual, and student employees shall
				not be credited toward seniority calculations under other sections of this rule
				or statute.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-7 - Workweek

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The standard
				workweek is thirty-seven and one-half hours. The workweek is a regularly
				recurring period of one hundred sixty-eight (168) hours in the form of seven
				(7) consecutive twenty-four (24) hour periods. It begins at 12:00 a.m. on
				Saturday and ends at 11:59 p.m. on Friday.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-8 - Work Schedules

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each
				institution shall establish a policy, with the advice and assistance of staff
				council and other groups representing classified employees, which shall:
				address any institution-specific procedures concerning the use of flexible work
				schedules, job sharing, and four-day work weeks; discourage temporary,
				non-emergency changes in an employee's work schedule; and provide a mechanism
				for changes in, and notification of, changes in work schedules. This policy
				shall also provide that, where possible, the institution shall provide the
				employee with reasonable notice of such changes.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-9 - Pay Calculations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Base salary is calculated on a thirty-seven and one-half (37 1/2) hour
				workweek.
9.2. When base salary
				increases are calculated and rounding is involved, the policy is to round up to
				the nearest even dollar amount.
9.3. Overtime pay for non-exempt employees is
				calculated at the rate of one and one-half (1 1/2) times the regular hourly
				rate, which is the total base salary, plus any incremental pay, divided by
				1,950 hours. Overtime does not commence until forty (40) hours have actually
				been worked within one (1) workweek. Regular hourly pay, also known as
				"straight time," is paid for work time between thirty-seven and one-half (37
				1/2) hours and forty (40) hours in a work week.
9.4. Only actual hours worked are included in
				calculating overtime. Pay which is received for holidays, annual leave, sick
				leave, or work release time, as authorized by Series 38, is not counted as
				working hours for purposes of overtime.
9.5. Annual leave, sick leave and longevity
				do not accumulate in any part of a month for which an employee is off the
				payroll on leave without pay or during a terminal leave period. A terminal
				leave period is that time between the employee's last day of work and his/her
				last day on the payroll. Longevity continues to accrue for employees absent
				from work and off the payroll when the absence is due to a work related illness
				or injury covered by workers compensation, or is due to military service in
				accordance with applicable federal law.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-10 - Holiday Premium Time Off

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When a full-time or part-time
				classified non-exempt employee is required to work on any designated board or
				institution holiday, that employee at his/her option shall receive regular pay
				for that holiday plus substitute time off or additional pay at the rate of one
				and one-half (1 1/2) times the number of hours actually worked. The time off
				must be used within a six-month period following the holiday.
10.2. When an exempt employee is required to
				work on any designated board or institution holiday, that employee shall be
				given substitute time off on an hour-for-hour worked basis.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-11 - Compensatory and Overtime Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Compensatory time off shall be allowed
				only to the extent authorized by federal and state law.
11.2. Each institution may offer non-exempt
				employees compensatory time off in lieu of overtime pay. All hours worked
				beyond thirty-seven and one-half (37½) hours and up to and including 40
				hours are calculated at the employee's regular hourly rate. Pay for time worked
				beyond 40 hours in a work week are to be calculated at a rate of one and
				one-half (1½) times the regular hourly rate.
11.3. A written agreement between the
				employee and the institution shall exist when the employee chooses compensatory
				time off in lieu of overtime pay. The written agreement may be modified at the
				request of either the employee or employer at any time but under no
				circumstances shall a change in the agreement deny the employee compensatory
				time heretofore acquired.
11.4.
				Each institution shall develop an agreement form for compensatory time
				accumulation in lieu of overtime payment and shall specify the required
				approval process which must be completed before a non-exempt employee may work
				beyond thirty-seven and one-half (37½) hours.
11.5. Employees may accumulate up to two
				hundred forty (240) hours of compensatory time and shall be paid for all hours
				worked above the maximum accrual.
11.6. Employees in public safety, seasonal
				work, and/or emergency response categories may accumulate up to four hundred
				eighty (480) hours and shall be paid for all hours worked above the maximum
				accrual.
11.7. Compensatory time
				must be used within one year of accrual. Approval of an employee's request to
				use accrued compensatory time shall be contingent upon whether it will unduly
				disrupt the operation of the institutional unit.
11.8. Should an individual's employment be
				terminated, any unused compensatory time shall be reimbursed as follows:
11.8.1. The average regular rate received by
				such employee during the first three years of the employee's employment;
				or,
11.8.2. The final regular rate
				received by such employee, whichever is higher.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-12 - Posting of Vacant or New Positions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Each institution shall develop a policy
				for posting of vacant or new positions.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-13 - Probationary Period

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Full-time
				regular classified employees shall serve a six-month probationary period
				beginning at the original date of employment.
13.2. At the end the six-month probationary
				period, the employee shall receive a written evaluation of her/his performance
				and shall be informed as to whether her/his employment will continue beyond the
				probationary period. As with all positions, continued employment is based on
				adequate funding, satisfactory performance and adherence to institution rules
				and regulations.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-14 - Access to Personnel File

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				An employee may have access to his/her personnel file when the employing
				institution is normally open for business. An employee may examine his/her own
				file and the contents therein with the following exception:
14.1.1. Materials which were gathered with
				the employee's prior agreement to forfeit his/her right of access, such as some
				references.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-15 - Changes in Name, Address, Number of Dependents and Related Matters

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. It is the
				exclusive responsibility of each employee to notify all appropriate persons,
				agencies and parties when record changes occur, including emergency
				information.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-16 - Employee Performance Evaluations and Merit Increases

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Organizations shall conduct regular
				performance evaluations of nonclassified, classified and faculty employees.
				Each employee shall receive an evaluation of his or her job related performance
				on an annual basis. The organization shall maintain evidence of employee
				participation in the evaluation process.
16.2. Each organization shall develop a
				consistent, objective performance evaluation system and evaluation
				instrument(s).
16.3. Organizations
				shall train supervisors in the best practices of conducting employee
				performance evaluations.
16.4.
				Supervisors who fail to conduct evaluations of those employees who report to
				them, according to their organization's policies, may be subject to
				disciplinary action.
16.5. Higher
				education organizations may grant merit increases or implement pay for
				performance programs which are in accordance with state law and the West
				Virginia Higher Education Compensation Management Program Salary Administration
				Guidelines.
16.6. Institutions
				choosing to reward and compensate employees on the basis of merit shall have in
				place an objective performance management/evaluation system and evaluation
				instrument that is consistently administered by trained supervisors.
West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-55 - Human Resources Administration › Section 135-55-17 - Continuing Education and Professional Development

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The Vice Chancellor for Human Resources
				shall, as requested by organizations, assist with:
17.1.1. Analyzing and determining training
				needs of organization employees and formulating and developing plans,
				procedures and programs to meet specific training needs and problems.
17.1.2. Developing, constructing, maintaining
				and revising training manuals and training aids or supervising development of
				these materials by outside suppliers.
17.1.3. Planning, conducting, and
				coordinating management inventories, appraisals, placement, counseling and
				training.
17.1.4. Coordinating
				participation by all employees in training programs developed internally or
				provided by outside contractors.
17.1.5. Administering and analyzing an annual
				training and development needs survey. The survey may coincide with the
				completion of the annual performance review process.