reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-32 - Communication, Mail and Visitation

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. Inmate
				  Correspondence. Written policy and procedure shall govern inmate
				  correspondence; they shall be available to all staff and inmates, reviewed
				  annually and updated as needed.
32.2. Inspection. Inmate letters, both
				  incoming and outgoing may be opened and inspected for contraband, but may not
				  be censored. The letters may not be read or rejected except where there is
				  reliable information that there is a threat to order and security or that they
				  are being used in the furtherance of illegal activity. Inmates shall be
				  notified when incoming or outgoing letters are rejected.
32.3. Cash. Procedure shall provide for the
				  inspection of inmate letters to intercept cash, checks, money orders and
				  contraband. A receipt shall be given the addressee.
32.4. Sealed Letters. Inmates shall be
				  permitted to send sealed letters to a specified class or persons and
				  organizations, including, but not limited to: courts, counsel, officials of the
				  confining authority, government officials, administrators of grievance systems,
				  news media and members of the parole authority. Mail to inmates from this
				  specified class of persons and organizations may be opened only to inspect for
				  contraband and only in the presence of the inmate.
32.5. Telephone Access. Residents shall be
				  afforded the right to reasonable telephone access.
32.6. Visitor Registration. Visitor
				  registration upon entry into the facility shall be required. All circumstances
				  under which visitors may be searched shall be in written policy.
32.7. Posting. A schedule of visitation and
				  visitation policy shall be posted.
32.8. Searches. Inmates may be searched prior
				  and subsequent to visitation. Visitors may be subject to nonintrusive personal
				  searches.
32.9. Privacy. There
				  shall be no monitoring of conversation between inmates and visitors.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-33 - Special Management Inmates

Current through Register Vol. XLI, No. 28, July 12, 2024
33.1. Operation
				  of Segregation Units. Written policy and procedure shall provide for the
				  operation of segregation cells for the supervision of inmates under segregation
				  or protective custody.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-34 - Admission, Orientation, Property Control and Release

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1. New Inmates. Written policy and
				  procedures shall govern the admission and orientation of new inmates. They
				  shall be reviewed annually and updated if necessary. The holding facility shall
				  not accept persons who are being committed solely because of the initiation of
				  procedures for involuntary commitment pursuant to West Virginia Code, 27-5-1 et
				  seq.
34.2. Mentally Disabled
				  Inmates. Care shall be provided for inmates who are believed to be mentally
				  ill, retarded or addicted and in need of treatment or other services. The
				  administrator shall be made aware of the illness and shall arrange for a mental
				  health referral.
34.3. Minimum
				  Requirements. Written policy for admitting new inmates to a holding facility
				  shall address at a minimum the following subjects:
34.3.a. Verification of court commitment
				  papers or other legal documentation of detention:
34.3.b. Complete search of the individual and
				  their possessions;
34.3.c.
				  Disposition of clothing and personal possessions;
34.3.d. Preliminary medical
				  screening;
34.3.e. Telephone calls
				  by inmates;
34.3.f. Shower and hair
				  care, if necessary;
34.3.g. Issue
				  of clean clothing, if necessary;
34.3.h. Photographing and/or
				  fingerprinting;
34.3.i. Interview
				  for obtaining identifying data;
34.3.j. Screening interview;
34.3.k. Orientation;
34.3.l. Issue of personal hygiene items, if
				  necessary;
34.3.m. Classification
				  for assignment of a housing unit; and
34.3.n. Assignment to a holding
				  cell.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-35 - Classification

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. General. Written policy and procedure
				  shall provide for inmate classification in terms of level of custody required,
				  and housing assignments. They shall be reviewed at least annually and updated
				  if necessary.
35.2. Criteria and
				  Appeal. The inmate classification plan shall specify criteria and procedures
				  for determining and changing the status of an inmate.
35.3. Categories. The facility shall, at a
				  minimum, provide for the separate management of the following categories of
				  inmates;
35.3.a. Female and male
				  inmates;
35.3.b. Inmates with
				  special problems (alcoholics, narcotics addicts, mentally disturbed persons,
				  physically handicapped persons, persons with communicable diseases, etc.);
				  and
35.3.c. Juveniles.
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --This legislative rule is intended to set forth the procedures enabling the implementation of the provisions of West Virginia Code § 21A-1-4(d)  that establishes an employer violator system to identify individuals and employers who are in default on any assessment, surcharge, tax, or penalty owed to the unemployment compensation trust fund.
1.2. Authority. --West Virginia Code § 21A-1-4(d), § 21A-2-6(17)  and 96 CSR1 Rule Implementing the Requirement that Prohibits Agencies from Granting, Issuing or Renewing Contracts, Licenses, Permits, Certificates or Other Authority to Conduct a Trade, Profession or Business to or with any Employing Unit who is in Default with Regards to Unemployment Compensation. Emergency Legislative Rule requirements of West Virginia Code § 29A-3-1 et seq, must be followed pursuant to the Acts of the Legislature, 3rd Executive Session, 1988, § 29A-3A-16.
1.3. Filing date.--
1.4. Effective date. --
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following terms and words have the meanings stated, unless the context clearly indicates otherwise.
2.1. "Code" means the West Virginia Code of 1931 as amended.
2.2. "Default" for purposes of the administration of chapter twenty-one-a of the Code means that an employer is in default when, after due notice, the employer fails to submit a required payment, interest thereon, or penalty, and has not entered into a properly executed repayment agreement with Workforce West Virginia or has entered into an appropriate repayment agreement, but does not remain in compliance with its obligations under the repayment agreement. For purposes of this rule, an employer who has failed to submit required payments, interest or penalties, or required quarterly reports by the required due dates is presumed to be in default.
2.3. "Division" means the division of unemployment compensation within Workforce West Virginia.
2.4. "Employer" includes any individual or type of organization as defined in § 21A-1A-14 of the West Virginia Code which has in its employ one or more individuals performing service within this State.
2.5. "Employer Violator List" includes any employer as defined above which has a lien filed against them by Workforce West Virginia due to his or her default on any assessment, surcharge, tax or penalty owed to the unemployment compensation trust fund. Information on the violator list includes the business name (also includes the doing business as and trading as name), as well as the city and state where the business is located. Employers not on the list include employers either in bankruptcy or on a repayment plan.
2.6. "Executive Director" means the Commissioner of Workforce West Virginia pursuant to West Virginia Code § 21A-1-4(b).
2.7. "fund" means the unemployment compensation trust fund.
2.8. "Hearing" as defined in 96, CSR 2, Rule for Administrative Hearings is an agency proceeding before an administrative law judge or hearing examiner with definite issues of fact or law to be tried and to which parties have the right to be heard.
2.9. "Repayment agreement" means a written agreement to pay in full all delinquent amounts owed to the Agency, including interest and penalties, under the provisions of chapter twenty-one-a of the Code.
2.10. "Workforce West Virginia" is the West Virginia Bureau of Employment Programs pursuant to § 21A-1-4(b)  of the West Virginia Code.
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-3 - General Prohibition

Current through Register Vol. XLI, No. 28, July 12, 2024
Pursuant to the provision of West Virginia Code § 21A-1-4(d), the employer Violator System shall prohibit violators who own or have a ten percent or more ownership interest from maintaining any license, certificate or permit issued by the state, until the violator has paid all monies owed to the fund or has entered into or remains in compliance with a repayment agreement.
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-4 - Compilation and Storage of Employer Violator List

Current through Register Vol. XLI, No. 28, July 12, 2024
The Employer Violator List will be compiled and stored on the unemployment compensation automated tax system. The Employer Violator List will be updated weekly by matching data retained on the automated tax system.
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-5 - Access to the Employer Violator System

Current through Register Vol. XLI, No. 28, July 12, 2024
Access by the public will be on the Workforce West Virginia website: www.workforcewestvirginia.org [File Link Not Available].
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-6 - Employer Placed on Violator List; Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 An employer who is in default on any assessment, surcharge, tax, or penalty to the fund, shall be placed in the employer violator system and only removed from the system pursuant to section seven of this rule.
6.2 Prior to being placed in the employer violator system, the employer shall be notified by mail that the Director has identified the employer as being in default and as a result, intends to include the employer in the employer violator system. The notice of the Director's intent to include the default employer in the employer violator system shall include the following information:
a. The employer may avoid being included in the employer violator system by paying all moneys owed to the fund or entering into a repayment agreement within 10 days of the date of the notice.
b. The employer may object to being included in the employer violator system and request, in writing, an expedited administrative hearing pursuant to section eight of this rule
c. The request for an expedited administrative hearing must be postmarked on or before the tenth day after the date of the Director's notice and must be mailed to the following address:
Director of Unemployment Compensation
Workforce West Virginia
Unemployment Compensation
112 California Avenue
Charleston, WV 25305
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-7 - Removal of the Employer's Name from the Violator List

Current through Register Vol. XLI, No. 28, July 12, 2024
The employer's name will be removed from the violator list when the amount on the lien owed to WorkForce West Virginia is paid in full or the employer enters into an approved repayment agreement.
West Virginia Code of State Rules › Agency 96 - WorkForce West Virginia › Series 96-03 - Employer Violator System › Section 96-3-8 - Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An employer who files with the Director a written objection to their name being placed on the employer violator system shall be afforded an opportunity to contest the Director's determination that the employer is in default on any assessment, surcharge, tax, or penalty to the Unemployment Compensation Division of WorkForce West Virginia fund and the opportunity to present testimony and enter evidence in support of its position.
6.2. The hearing shall be conducted in accordance with the administrative hearings provisions of 96 CSR 2. However, notwithstanding time requirements for notice and hearing contained in §96 CSR 2, the following time requirements shall govern the expedited administrative hearings held pursuant to this rule:
6.2.a. An expedited administrative hearing shall be held within 20 days of an employer's timely request for a hearing.
6.2.b. Evidence from any party must be submitted to the hearing examiner before, or at, the administrative hearing.
6.2.c. Hearings shall not be continued except by agreement of the parties or upon the most compelling of good cause. Good cause determinations will be strictly resolved in view of the legislative mandate to expedite the resolution of the issue.
6.2.d. The hearing officer shall issue a decision within thirty (30) days of the date of the administrative hearing.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-01 - General Procedures Pertaining to Documents and Files › Section 97-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes the cost of providing copies of the Bureau for Child Support Enforcement Policy Manual, provides for confidentiality of records, establishes a procedure to be followed to obtain confidential information contained in a case record, and addresses potential conflicts of interest of employees.
1.2. Authority. -- W.Va. Code ' 48-18-105(19)
1.3. Filing Date. - April 11, 2014
1.4. Effective Date. - May 11, 2014
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-01 - General Procedures Pertaining to Documents and Files › Section 97-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Bureau. -- The Bureau for Child Support Enforcement. The Bureau for Child Support Enforcement is established by W. Va. Code ' 48-18-101 and is designated as the single state agency to fulfill the obligations of the State of West Virginia under Title IV-D of the Social Security Act. Pursuant to W.Va. Code ' 48-18-122, the bureau operates the central state case registry.
2.2. Department. -- The Department of Health and Human Resources. The Department of Health and Human Resources is established pursuant to W. Va. Code ' 5F-1-2 and contains within it the Bureau for Child Support Enforcement.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-01 - General Procedures Pertaining to Documents and Files › Section 97-1-3 - The Bureau for Child Support Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Bureau for Child Support Enforcement and its employees represent the interests of the State. The bureau does not represent the interests of any individual litigant or child. The term "the State" means the State of West Virginia or any other state, country, tribe or territory involved in the specific individual case.
3.2. The authority of the Bureau for Child Support Enforcement to act is governed by state and federal law. The bureau has no authority to provide services related to the establishment or enforcement of custody, visitation or shared parenting of a minor child and no authority to establish or modify orders relating to spousal support.
3.3. In addition to any actions taken by the bureau, an applicant for bureau services retains the right and the obligation to take any other actions he or she may see fit to take to establish, collect, protect and preserve any support that is due and owing.
3.3.a. Any party to a child support or spousal support case is free to seek counsel from an attorney of his or her own choosing and to be represented by an attorney of his or her own choosing in any legal or departmental proceeding.
3.3.b. The employees of the bureau shall respect the right of a party to obtain counsel and shall not communicate directly with a party with respect to legal issues if the individual has retained counsel.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-01 - General Procedures Pertaining to Documents and Files › Section 97-1-4 - The Bureau for Child Support Enforcement's Policy Manual

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The bureau's policy manual is a public document. As such, it is available for viewing by the public at any bureau office, upon reasonable request, during normal office hours. The manual is also available for review in the Office of the Secretary of State of West Virginia.
4.2. Copies of the entire manual or of specific sections of the manual shall be provided to the public upon receipt of payment. The cost for providing a complete copy of the policy manual is $40.00 if a paper copy is requested. The cost of providing a complete copy of the policy manual in electronic format is $5.00. Paper copies of specific sections of the manual shall be billed at the rate of 50 cents per page. The copying fee shall be waived for requests made by other state agencies, federal agencies, legal aid corporations, requests that result in the copying of ten pages or less, or requests from individuals who provide proof that their income is below the federal poverty level.
4.3. The contents of the policy manual include applicable state and federal laws, applicable legislative rules, and procedural instructions on the technical processing of the bureau's cases.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-01 - General Procedures Pertaining to Documents and Files › Section 97-1-6 - Application for and receipt of Bureau services by Bureau employees, family members, and household members

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Employees of the bureau, their spouses and dependents, or members of their households desiring to make application for benefits or services offered by the bureau shall make arrangements to complete the application process through a supervisor.
6.2. The supervisor shall process the application, complete all case maintenance activities, and perform any necessary reviews.
6.3. Any bureau employee who receives services from the Bureau for Child Support Enforcement is strictly prohibited from viewing or accessing his or her own case record, except under the same circumstances as any party to a case would be permitted to review his or her case file. This prohibition applies to the case record in paper format, digital format or any other format for the storage of case information. If an employee's obligee or obligor has more than one case, the employee is prohibited from viewing or accessing the information in those cases as well.
6.4. When an employee applies for or receives services from the bureau, the employee must use annual leave or compensatory time for any time spent in making the application for services or for any actions the employee takes regarding his or her own case, such as meeting with the case worker, attending hearings, or completing forms or documents.
6.5. All active or closed employee paper files are maintained separately from regular files. These case records shall be kept in locked personnel file cabinets and only the bureau's unit supervisor and Regional Manager shall have access. All active or closed employee digital case records shall be maintained as confidential case records, accessible only by the bureau's unit supervisor or Regional Manager.
6.6. Employees shall not provide services to or make decisions concerning cases involving present or former co-workers. All cases involving present or former co-workers shall be referred to a supervisor for reassignment.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-01 - General Procedures Pertaining to Documents and Files › Section 97-1-7 - Potential conflicts of interest involving persons not employed by the Bureau for Child Support Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Bureau employees shall not access, process, or make decisions on cases involving relatives, friends, neighbors, present or former co-workers, or business, club, or church acquaintances. The bureau's unit supervisor shall either perform the case work or assign the case to another bureau employee.
7.2. No bureau employee shall accept any gifts from any party or family member of a party to a bureau case to which that employee is assigned.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-01 - General Procedures Pertaining to Documents and Files › Section 97-1-8 - Fair Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Recipients of the bureau's services are entitled to a Fair Hearing to challenge or dispute certain actions taken by the bureau. Rules relating to the right to a Fair Hearing and the procedure to be followed are found in the Common Chapters Manual of the Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes the actions that may be taken when a support obligation is owed while the case is receiving services through the Bureau for Child Support Enforcement, the assessment of interest on unpaid support arrearages, and establishes a program to grant amnesty for certain accrued interest.
1.2. Authority. -- W. Va. § 48-18-105(19).
1.3. Filing Date. -- April 11, 2014.
1.4. Effective Date. -- May 11, 2014.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-3 - Obligations and rights of the obligee

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In addition to any actions taken by the bureau, the support obligee retains the right and the obligation to take any other actions he or she may see fit to take to establish, collect, protect and preserve any support that is due and owing.
3.1.a. The bureau and its employees represent the interests of the State. The bureau does not represent the interests of any individual litigant or child. The term "the State" means the State of West Virginia or any other state, country, tribe or territory involved in the case.
3.1.b. Any party to a child support or spousal support case is free to seek counsel from an attorney of his or her own choosing and to be represented by an attorney of his or her own choosing in any legal or departmental proceeding.
3.1.c. The employees of the bureau shall respect the right of a party to obtain counsel and shall not communicate directly with a party with respect to legal issues if the individual has retained counsel.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-4 - Collection of support through the use of income withholding

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Pursuant to W. Va. Code §
									48-14-105 and § 48-14-403, every support order entered in this state or modified in this state shall include a provision authorizing the immediate withholding of sums from the income of the obligor for the payment of the obligor's support obligation, unless one of two circumstances is found by the court to exist:
4.1.a. There is good cause not to require immediate withholding;
4.1.a.1. In determining whether "good cause" exists, the court must consider the best interest of the child;
4.1.a.2. In determining whether "good cause" exists, the court may also consider the obligor's payment record; or
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-5 - Amounts to be collected through income withholding

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All income withholding notices shall include the current support amount and the amount to be withheld as a payment on the arrearage, if an arrearage exists.
5.2. The amount to be withheld by the employer is dependent on the amount of income owed to the obligor, the nature of the income, the age of the arrears that are owed, if any, and whether the obligor has other legal dependents. W. Va. Code §
									48-14-408 limits the amount that a source of income may deduct from an obligor's disposable earnings. It is the responsibility of each employer or source of income to observe the limitations contained in state law.
5.2.a. The term "disposable earnings" applies to salaries, commissions, pension benefits, temporary total workers compensation benefits, and wages remaining after the deduction of any amounts required by law to be withheld;
5.2.b. Income that would not be considered as disposable earnings includes, but is not limited to, lump sum payments from workers compensation claims, lottery winnings, proceeds from a lawsuit, and severance pay. Non-disposable income shall be withheld at a rate of one hundred percent (100%), up to the amount owed by the obligor for current support and arrearages, if any exist.
5.2.c. Income withholding for any sum classified as a bonus by the employer or source of income shall not exceed fifty percent (50%) of the gross amount of the bonus.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-6 - Requests for reduction in the amount of withholding for arrears

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon written request from a support obligor, the bureau attorney assigned to a case may reduce the amount to be withheld from the obligor's income for the payment of an arrearage under certain circumstances. The bureau has no authority to grant a reduction in the withholding made for current support payments.
6.1.a. The bureau attorney shall not reduce the amount to be withheld from the obligor's income for the payment of an arrearage if the weekly or monthly amount to be paid on the arrearage was specifically ordered by a court of competent jurisdiction.
6.1.b. If the obligor has previously been found in contempt of court for his or her failure to pay support or has been previously convicted of criminal non-support, the attorney may decline to reduce the amount collected.
6.1.c. The bureau attorney may decline to reduce the amount collected if the obligor has had income for the six weeks preceding his or her request for a reduction in the amount withheld for arrearages, and the following occurred:
6.1.c.1. The bureau was unaware of the source of income and no withholding occurred; and
6.1.c.2. The obligor failed to notify the bureau of his receipt of income; and
6.1.c.3. The obligor failed to make any voluntary payment of support from his or her income during the period of time that no income withholding was in place.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-7 - Contest of the issuance of a notice of an income withholding

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An obligor may contest the issuance of a notice of income withholding being placed against his or her source of income.
7.1.a. The grounds upon which the issuance of a notice of income withholding may be contested relate to whether a mistake of fact occurred.
7.1.a.1. The alleged mistake could relate to either of the following facts:
7.1.a.1.A. The identity of the support obligor; or
7.1.a.1.B. The amount of support owed, either current or arrears.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-8 - Modification and termination of a notice of income withholding

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The bureau shall promptly modify or terminate a notice of income withholding under any of the following circumstances:
8.1.a. If all current support and all arrearages are paid in full and no further current support is owed, the bureau shall terminate the notice of income withholding; or
8.1.b. If all arrearages are paid in full but current support is still owed, the bureau shall modify the notice of income withholding to collect only the current support amount; or
8.1.c. If the child is legally emancipated so that no current support is due and owing, or the child has been removed from the case, but arrearages are still owed, the bureau shall modify the notice of income withholding to collect only payments on the arrearage; or
8.1.d. If the amount of current support is modified by a court of competent jurisdiction or an administrative agency of competent jurisdiction, the notice of income withholding shall be modified to reflect the changes made by the court or agency; or
8.1.e. If the amount of arrearages to be collected reaches one of the thresholds to trigger the collection of an additional sum for payment on arrearages as set forth in subsections 5.5 and 5.6 of this rule, the bureau shall modify the notice of income withholding to reflect this additional sum; or
8.1.f. If a typographical error was made in a previous notice of income withholding, the bureau shall promptly issue a corrected version of the notice; or
8.1.g. If an obligor receives income from multiple sources, the bureau shall promptly modify the notice of income withholding to one or more sources of income, if necessary to prevent overpayment by the obligor.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-9 - Rules relating to specific sources of income

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. When the source of income is a lump sum resulting from an obligor's workers' compensation claim, the obligor may have been represented by an attorney in his or her attempts to receive these benefits.
9.1.a. When a third-party administrator issues one check to the bureau for the entirety of the workers' compensation lump sum benefits regardless of whether the obligor's attorney has filed a claim for attorneys' fees, the obligor's attorney may request payment of his or her attorneys' fees from the lump sum payment received by the bureau, if the funds remain in the possession of the bureau.
9.1.b. The attorney shall provide to the bureau the following information:
9.1.b.1. The dollar amount of fees and costs due from the obligor;
9.1.b.2. A signed copy of the written contract with the obligor; and
9.1.b.3. A copy of the obligor's award letter.
9.1.c. Upon receipt of the above-listed items from the obligor's attorney, the bureau shall mail a proposed agreement to the attorney, along with an income withholding notice. In the proposed agreement the attorney consents to honor the bureau's income withholding against future payments, while the bureau permits the attorney to withhold his or her attorney's fees from future payments.
9.1.d. Upon receipt of the signed agreement, the bureau shall release its income withholding against the third-party administrator, permitting the third-party administrator to pay the benefits directly to the attorney for the obligor. The attorney will then be responsible as a source of income for remitting the appropriate payments to the bureau pursuant to the income withholding notice.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-10 - Reporting support arrearages to credit bureaus

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Upon request by an authorized credit bureau, the bureau shall provide information to the credit bureau for obligors who owe an arrearage of at least one thousand dollars ($1,000.00), which has been due and unpaid for at least two (2) months.
10.2. The bureau shall update each account reported on a monthly basis.
10.3. Prior to making the original report to the credit bureau, the bureau shall send a notice of intent to report to each obligor.
10.4. If an obligor advises the bureau in writing that he or she wishes to contest the information that is being reported to the credit bureau, the bureau's submission of the report to the credit bureau for that individual shall be suspended until the issue is resolved by the issuance of an order of a court of competent jurisdiction or the issuance of a decision resulting from a departmental Fair Hearing. Said request for hearing or informal conference shall be made in writing and shall comply in all respects with Chapter 730 of the Common Chapters Manual for the Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-11 - Collection of support through the use of a state income tax offset

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. State income tax refunds may be intercepted or offset for the payment of child support and certain eligible spousal support.
11.2. If the obligor's scheduled refund is equal to or less than the eligible support arrearages, the entire amount of the refund shall be offset and paid to the bureau.
11.3. If the obligor's scheduled refund is greater than the amount of the eligible support arrearage, the amount of the eligible support arrearage shall be offset and paid to the bureau, and the balance of the refund shall be sent to the obligor by the State Tax Department.
11.4. The submission amount for state income tax offset is an arrearage that meets the following criteria:
11.4.a. The arrearage must be equal to or greater than one hundred dollars ($100.00), owed on one case;
11.4.b. The arrearage must have resulted from child support established by a court order or by an order issued through an administrative agency of another state with the authority to establish a child support obligation;
11.4.c. The arrearage may include spousal support if the parent and child are residing together, and the child support obligation and the spousal support obligation are included in the same court order; and
11.4.d. The arrearage may include interest that has accrued on otherwise eligible arrearages.
11.4.e. The arrearage may include past-due medical support for a child if the medical support was expressed as a monthly support amount.
11.4.f. The applicant for services must have requested full services on his or her case, or the case must be one where a party is required by state or federal law to accept full services from the bureau.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-12 - Collection of Support through the use of a federal income tax offset

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Federal income tax refunds may be intercepted or offset for the payment of child support and for the payment of eligible spousal support.
12.2. The submission amount for federal income tax offset is an arrearage that meets the following criteria:
12.2.a. The arrearage must be equal to or greater than one hundred fifty ($150.00) dollars, if the arrearage is assigned to the state for the repayment of benefits; or
12.2.b. The arrearage must be equal to or greater than five hundred dollars ($500.00), if the arrearage is owed to the support obligee.
12.2.c. The arrearage must have resulted from child support established by a court order or by an order issued through an administrative agency of another state with the authority to establish a child support obligation; and
12.2.d. The arrearage may include past-due spousal support if the parent and child are residing together, and the child support obligation and the spousal support obligation are included in the same court order; and
12.2.e. The arrearage may include interest that has accrued on otherwise eligible arrearages.
12.2.f. The arrearage may include past-due medical support for a child if the medical support was expressed as a monthly support amount.
12.2.g. In order to reach the threshold amount for submission, the bureau may combine eligible arrearages of like assignment types from multiple cases.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-13 - Appeals of the bureau's use of the federal income tax intercept process

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. An obligor whose name is submitted for a federal tax offset has the right to challenge the submission within thirty (30) days of the date that the obligor receives the pre-offset notice by requesting a bureau Informal Review and a departmental Fair Hearing. The procedures to be followed in a departmental Fair Hearing are found in Chapter 730 of the Common Chapters Manual of the Department of Health and Human Resources. The pre-offset notice shall contain the specific address that the obligor shall use to notify the bureau of his or her challenge.
13.2. When an obligor notifies the bureau in writing of his or her wish to challenge a federal tax offset, the bureau employee assigned to the case shall immediately suspend any federal tax submission and shall also immediately schedule the matter for an Informal Review. The obligor shall be notified in writing of the date, time and place of the Informal Review and shall be permitted to participate by telephone or in person.
13.3. The Informal Review shall be conducted by either the Regional Manager assigned to the region or the child support supervisor assigned to the county. The bureau employee assigned to the case shall be present for the Informal Review. If necessary, the bureau attorney assigned to the case may also be present for the Informal Review.
13.4. At the conclusion of the Informal Review, if the obligor is satisfied with the result of the review, the bureau shall take the appropriate steps to continue with the collection of the arrearage. If the obligor is not satisfied and wishes to proceed to hearing, the bureau employee assigned to the case shall immediately schedule the case for a departmental Fair Hearing. The procedures to be followed in a departmental Fair Hearing are found in Chapter 730 of the Common Chapters Manual of the Department of Health and Human Resources.
13.5. If the case involves individuals from other states or if the arrearage is based upon a support order from another jurisdiction, the obligor may choose to have the hearing in the state which submitted the case for Federal tax intercept or the state which has the order that established the support obligation. If West Virginia is selected by the obligor as the venue for the hearing, all proceedings shall occur through the departmental Fair Hearing process. The procedures to be followed in a departmental Fair Hearing are found in Chapter 730 of the Common Chapters Manual of the Department of Health and Human Resources. Further, the hearing process shall comply in all respects with 45 C.F.R. §303.72 (g).
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-14 - United States passport denial, revocation and limitation

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Obligors with a child support arrearage equal to or greater than two thousand five hundred dollars ($2,500.00) may be submitted to the United States Department of State for denial of the obligor's privilege of obtaining a United States passport.
14.1.a. The eligible arrearage may include an arrearage from one case, or, if the obligor owes a child support obligation in more than one case, the arrearages from multiple cases may be combined to reach the threshold amount. The amount submitted may also include interest that has accrued on the eligible arrearage.
14.1.b. Spousal support, child or spousal medical bills, fees, court costs, and judgments representing unpaid child or spousal medical bills shall not be included in the arrearage balance. However, unpaid child medical support may be included in the arrearage if the medical support order was expressed as a recurring monthly or weekly sum.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-15 - Federal administrative offset program

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. When an obligor's eligible arrearage is submitted for federal income tax offset, the eligible arrearage is also submitted for federal administrative offset.
15.2. The federal government determines what types of federal payments are subject to the administrative offset process.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-16 - Suspension, restriction, denial and non-renewal of drivers' licenses and professional licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. W. Va. Code §
									48-15-201 permits the bureau to request that a court of competent jurisdiction suspend, restrict, deny or prohibit renewal of certain licenses issued to an obligor if all appropriate enforcement methods have been exhausted or are not available and if the following additional criteria are met:
16.1.a. The obligor's child support arrearage, including child medical support, exceeds the amount that would be due in a six-month period; or
16.1.b. The obligor has failed to comply with a subpoena or warrant relating to paternity or child support proceedings.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-17 - The filing of liens and writs of execution to enforce the payment of support obligations

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The bureau may file a lien against the personal property or the real property of the obligor if the obligor is in arrears in the payment of any of the following:
17.1.a. His or her child or spousal support obligation; or
17.1.b. His or her child or spousal medical support obligation; or
17.1.c. Interest due on any type of child or spousal support obligation.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-18 - Obtaining property of the obligor through the use of a suggestion

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. A suggestion is a legal document demanding that property owned by an obligor but in the possession of a third-party be seized to satisfy the obligor's debt.
18.2. This process is used to secure property of the obligor that may not be obtained through the use of a notice of income withholding.
18.3. Pursuant to W. Va. Code §
									38-8-1, the normal exemption of personal property valued at one thousand dollars ($1,000.00) does not apply to suggestions based upon a judgment lien for child support or spousal support.
18.4. The bureau may file a suggestion to obtain personal property to be credited against an obligor's past-due child support, spousal support, child or spousal medical support, interest due on any past-due child or spousal support, or for the payment of any fees or court costs due and owing.
18.5. A suggestion may be filed under the following circumstances:
18.5.a. At any time after ten days from the entry of a decretal judgment for accrued, unpaid support; or
18.5.b. At any time after a payment of court-ordered support is delinquent, in whole or in part, for fourteen days.