reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-37 - Increased Flexibility For Community And Technical Colleges › Section 133-37-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Commission:
West Virginia Higher Education Policy Commission
2.2. Chancellor:
West Virginia Higher Education Policy Commission
				  Chancellor
2.3. Community
				and Technical College:
Eastern West Virginia Community and Technical College,
				  Southern West Virginia
Community and Technical College, West Virginia Northern
				  Community College, Bluefield State College Community and Technical College,
				  Marshall University Community and Technical College, Fairmont State College
				  Community and Technical College, Glenville State College Community and
				  Technical College, Shepherd College Community and Technical College, West
				  Virginia State College Community and Technical College, West Virginia
				  University Institute of Technology Community and Technical College and any
				  other college so designated by the Legislature.
2.4. Occupational Program:
Certificate or associate degree programs delivered by a
				  community and technical college with the primary intent of preparing the
				  student to enter employment upon completion of the program.
2.5. Temporary Faculty:
Faculty who have not been appointed in a tenure-track or
				  tenured status. Their appointment may be full-time or part-time.
2.6. Two-Plus-Two Program:
An academic program that is designed for the first two years
				  to be delivered by a community and technical college culminating in an
				  associate degree and articulated into a baccalaureate program without loss of
				  credit.
2.7. Transfer
				Academic Program:
An associate degree program delivered by a community and
				  technical college for the primary purpose of providing the first two years of a
				  baccalaureate degree program.
2.8. Module:
A self-contained instructional component that is part of an
				  overall course.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-37 - Increased Flexibility For Community And Technical Colleges › Section 133-37-3 - Technology in the Delivery of Courses and Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Community and technical colleges are
				encouraged to incorporate the most effective and efficient use of technology in
				the delivery of courses and programs in order to make the best use of available
				resources and to control costs.
3.2. Each community and technical college
				shall submit to the Chancellor a five-year plan for increasing the use of
				technology in the delivery of courses.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-37 - Increased Flexibility For Community And Technical Colleges › Section 133-37-4 - Delivery of Curricula Utilizing Modules

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Community and technical colleges will
				deliver curricula by utilizing smaller credit and non-credit modules,
				particularly in the delivery of workforce development programs intended for
				adults and employed individuals.
4.2. Each community and technical college
				will employ a system to break down curricula into smaller modules that is
				consistent across the campus and allows for maximum flexibility in formatting
				courses.
4.3. Each community and
				technical college will provide for professional development activities for
				those faculty involved in the development and delivery of curricula in smaller
				modules.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-37 - Increased Flexibility For Community And Technical Colleges › Section 133-37-5 - Facilitator for Brokering Education Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each community and technical college
				will incorporate into its mission the roles of facilitator and broker of
				outside education and training programs that meet the needs of the residents
				and employers of the district.
5.2.
				The roles of facilitator and broker of outside education programs into the
				district will be incorporated into the overall workforce delivery strategy of
				each community and technical college.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-37 - Increased Flexibility For Community And Technical Colleges › Section 133-37-6 - Faculty Types and Conditions of Employment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The goal for each community and
				technical college in the appointment of faculty is to limit the number of
				tenured and tenure-track faculty to no more than twenty percent of full-time
				faculty employed at the institution.
6.2. Appointments to the faculty are
				addressed in Series 9, Academic Freedom, Professional Responsibility, Promotion
				and Tenure, of the West Virginia Higher Education Policy Commission rules.
				Faculty are classified either as tenure, tenure-track, clinical-track,
				librarian-track, or term. Faculty employed on a non-tenure track are designated
				as term faculty.
6.3. Temporary
				faculty are eligible for reappointment, though no number of appointments shall
				create any presumption of a right to appointment as tenure-track or tenured
				faculty.
6.4. The employment status
				of tenured and tenure-track faculty holding appointment at each of the
				community and technical colleges at the time of implementation of this rule
				shall not be affected.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-37 - Increased Flexibility For Community And Technical Colleges › Section 133-37-7 - Occupational Program Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. New occupational programs at
				freestanding community and technical colleges may be implemented without
				approval by the Commission. Two-plus-two programs and transfer education
				program approval will continue to follow the provisions of West Virginia Higher
				Education Policy Commission Series 11..
7.2. Before the implementation of an
				occupational program at a freestanding community and technical college, the
				college must notify the Chancellor that such program is being implemented and
				the date the new program is to be placed on the official program inventory of
				the college.
7.3. Three (3) years
				after the date of implementation of the occupational program, the Commission
				will conduct a post-audit review of the program.
7.4. The Commission will request information
				from the college for the post-audit review that includes, but is not limited to
				the following:
7.4.1. The goals and objectives
				of the program and the documented need the program was implemented to
				meet.
7.4.2. A listing of the
				courses and the number of credit hours required for each.
7.4.3. Headcount and full-time equivalency
				(FTE) enrollment and number of graduates for each year the program has been in
				existence.
7.4.4. Placement rate of
				graduates and type of employment secured.
7.4.5. The annual total expenditures to
				deliver the program and source of funding.
7.4.6. Projection of future resource
				requirements and source of funding.
7.4.7. Total number of full-time and
				part-time faculty per year to deliver the program.
7.4.8. Listing of course delivery
				modes.
7.4.9. Listing of advisory
				committee members and how the advisory committee has been utilized for program
				improvement.
7.4.10. Program
				assessment measures that have been developed and implemented.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-37 - Increased Flexibility For Community And Technical Colleges › Section 133-37-8 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each community
				and technical college will report annually to the Chancellor on the progress
				made in:
(1) increasing the use of technology
				in the delivery of courses,
(2)
				delivery of curricula utilizing modules, and
(3) reaching the goal of the number of
				faculty tenured or in tenure-track positions to twenty percent (20%).
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				regarding annual leave, military leave, leave of absence without pay, sick
				leave, special emergency leave, catastrophic leave, parental leave, and witness
				and jury leave for employees of the Higher Education Policy
				Commission.
1.2. Authority. -- W.
				Va. Code §
									18B-1-6.
1.3. Filing Date. -- October 20,
				1992.
1.4. Effective Date. --
				November 19, 1992.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 137-38-2 - General Leave Coverage

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Eligibility for annual and sick leave shall be based on the following:
2.1.1. Employees working on a regular and
				continuing basis for no less than 1950 hours within a twelve (12) consecutive
				month period are considered to be full-time employees and are eligible for
				leave as specified in this document.
2.1.2. Employees working between 1,040 hours
				and less than 1,950 on a regular and continuing basis during a twelve (12)
				consecutive month period shall accumulate leave on a pro rata basis.
2.1.3. Employees working less than 1,040
				hours are not eligible for leave benefits.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 137-38-3 - Annual Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Full-time
				non-classified employees and faculty with twelve-month appointments shall be
				eligible for up to twenty-four (24) days leave per year calculated at the rate
				of 2.00 days per month from the date of employment. However, upon leaving a
				non-classified position, the accumulation rates outlined in Section 3.2 shall
				apply.
3.2. Employees occupying
				full-time classified positions shall be eligible for annual leave on the
				following basis:
3.2.1. Less than 5 years'
				service: 1.25 days per month;
3.2.2. 5 but less than 10 years' service:
				1.50 days per month;
3.2.3. 10 but
				less than 15 years' service: 1.75 days per month;
3.2.4. 15 or more years' service: 2.00 days
				per month.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-4 - Other Conditionsl for Annual Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At the request of the employee through
				established procedures, annual leave may be granted because of
				illness.
4.2. The work requirements
				of the institution shall take priority over the scheduling of annual leave or
				other leave for an employee. When operationally possible, the supervisor shall
				grant earned annual leave at the convenience of the employee. However,
				departmental needs must be met, and annual leave may not be taken without prior
				request and approval of the employee's supervisor.
4.3. In the event of an employee's death, the
				value of accumulated annual leave will be paid to the employee's
				estate.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-6 - Medical Leave of Absence Without Pay

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any employee requesting a medical leave
				of absence without pay must provide the institutional president or the
				president's designee, through established procedures, with satisfactory medical
				evidence (such as a statement from the attending physician) that he/she is
				unable to work. The medical statement shall include a diagnosis, prognosis, and
				expected date that the employee can return to work. If the evidence is
				satisfactory, the president or her/his designee may authorize a medical leave
				of absence without pay only for the period of disability specified by the
				attending physician.
6.2. The
				employee shall be expected to report to work on the first workday following
				expiration of the disability period. Failure of the employee to report promptly
				at the expiration of a medical leave of absence without pay, except for
				satisfactory reasons submitted in advance, shall be cause for termination of
				employment by the institution. An employee, prior to return to duty, shall
				obtain satisfactory medical clearance to help ensure adequate protection and
				which shall indicate the employee's ability to perform her/his duties. Such
				medical clearance shall be presented in writing.
6.3. A medical leave of absence without pay
				may be granted for no more than a twelve (12) consecutive month period.
				Employees who may need an extended medical leave beyond twelve (12) consecutive
				months may apply for an extension through institutional procedures or may
				consider other options, such as disability.
6.4. After an employee has taken a
				twelve-month medical leave, the institution shall continue group health
				insurance coverage provided that the employee pays the institution the full
				premium cost of such group health plan.
6.5. Any employee who is separated from
				employment following a medical leave of absence of twelve (12) consecutive
				months and who had chosen to maintain her/his accumulated annual leave will
				receive payment for such accumulated annual leave in a lump sum
				payment.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-7 - Parental Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				full-time employee who has worked at least twelve (12) consecutive weeks for
				the state may request up to twelve (12) weeks unpaid parental leave.
7.2. The request must be due to birth or
				adoption by the employee or because of a planned medical treatment or care for
				the employee's spouse, son, daughter, parent, or dependent who has a serious
				health condition.
7.3. The employee
				must provide her/his supervisor with written notice two (2) weeks prior to the
				expected birth or adoption; or for the medical treatment; or for the
				supervision of a dependent. Failure to submit a written request may be cause
				for denial.
7.4. The employee must
				provide the employer with certification by the treating physician and/or
				documentation regarding dependency status.
7.5. All annual leave must be exhausted
				before the parental leave begins. No more than a total of twelve (12) weeks of
				parental leave may be taken in any twelve (12) consecutive month
				period.
7.6. During the parental
				leave by an employee, the institution shall continue group health insurance
				coverage provided that the employee pays the employer the full premium cost of
				such group health plan.
7.7. The
				position held by the employee immediately before the leave is commenced shall
				be held for a period not to exceed the twelve-week period of the parental leave
				and the employee shall be returned to that position. However, the institution
				may employ a temporary employee to fill the position for the period of the
				parental leave.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-8 - Catastrophic Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Catastrophic leave is provided for employees and a catastrophic illness is
				defined as: a medically verified illness or injury which is expected to
				incapacitate the employee and which creates a financial hardship because the
				employee has exhausted all leave and other paid time off. Catastrophic illness
				or injury shall also include an incapacitated immediate family member if this
				results in the employee being required to take time off from work to care for
				the family member and the employee has exhausted all leave and other paid time
				off.
8.2. Each institutional
				president and the Chancellor of the Higher Education Policy Commission will
				have the option to establish a leave bank and/or a procedure for direct
				transfer of sick or annual leave to an employee who has requested and been
				approved to receive leave donations due to a catastrophic illness or injury.
				The institution may develop procedures which limit the amount of deposits an
				employee may make in any twelve (12) continuous month period.
8.3. A catastrophic leave bank provides for
				the deposit of sick and annual leave into a "bank" from which employees
				approved for catastrophic leave may withdraw leave.
8.4. A direct transfer provides for sick and
				annual leave to be donated at the request of the employee upon appropriate
				medical verification that the individual is unable to work due to the
				catastrophic illness or injury as determined by the president of the
				institution or the Chancellor of the Higher Education Policy Commission.
8.4.1. Upon approval for an employee to
				receive direct transfer of catastrophic leave, any employee may, upon written
				notice to the human resources department, donate sick and/or annual leave in
				one-day increments. No employee shall be compelled to donate sick leave. Any
				leave donated by an employee, but not used by the employee to whom it was
				donated, shall be returned to the donating employee and reflected in her/his
				leave balance.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-9 - Personal Leave of Absence Without Pay

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An employee, upon application in writing
				and upon written approval by the institutional president or her/his designee,
				may be granted a continuous leave of absence without pay for a period of time
				not to exceed twelve (12) consecutive months provided all accrued annual leave
				has been exhausted.
9.2. The
				president or the president's designee, at her/his discretion, may require the
				written approval of the supervisor before accepting the written application of
				an employee for a leave of absence without pay.
9.3. The president or the president's
				designee, at her/his discretion, shall determine if the purpose for which such
				a leave is requested is proper and within sound administrative
				policy.
9.4. At the expiration of
				leave of absence without pay, the employee shall be reinstated without loss of
				any rights, unless the position is no longer available due to a reduction in
				staff caused by curtailment of funds or a reduced workload. Failure of the
				employee to report promptly at the expiration of a leave of absence without
				pay, except for satisfactory reasons submitted in advance, shall be cause for
				termination of employment by the institution.
9.5. During a personal leave, the institution
				shall continue group health insurance coverage provided that the employee pays
				the employer the full premium costs of such group health plan.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-10 - Military Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An
				employee who is a member of the National Guard or any reserve component of the
				armed forces of the United States shall be entitled to and shall receive a
				leave of absence without loss of pay, status, or efficiency rating, for all
				days in which engaged in drills or parades ordered by proper authority, or for
				field training or active service for a maximum period of thirty (30) working
				days ordered or authorized under provisions of state law in any one (1)
				calendar year. The term "without loss of pay" shall mean that the employee
				shall continue to receive normal salary or compensation, notwithstanding the
				fact that such employee may receive other compensation from federal sources
				during the same period. Furthermore, such leave of absence shall be considered
				as time worked in computing seniority, eligibility for salary increased, and
				experience with the institution. An employee shall be required to submit an
				order or statement in writing from the appropriate military officer in support
				of the request for such military leave.
10.2. Benefits of this section shall accrue
				to individuals ordered or called to active duty by the President of the United
				States for thirty (30) working days after they report for active
				service.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-11 - Special Emergency Leave With Pay

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Special emergency leave with pay may be
				granted by the president of the institution or her/his designee to full-time
				employees in the event of extreme misfortune to the employee or the immediate
				family. The leave should be the minimum necessary, and in no case may it exceed
				five (5) days within any twelve (12) consecutive month period. Typical events
				which may qualify an employee for such leave are fire, flood, or other events
				(other than personal illness or injury or serious illness or death in the
				immediate family) of a nature requiring emergency attention by the
				employee.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-12 - Witness and Jury Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Upon
				application in writing, an employee of the a higher education institution or
				the Higher Education Policy Commission may be granted leave as indicated
				hereinafter in this section provided the employee is not a party to the action.
				Annual leave will not be charged under the provisions of this
				section.
12.2. When, in obedience
				to a subpoena or direction by proper authority, an employee appears as a
				witness for the Federal Government, the State of West Virginia, or a political
				subdivision thereof, the employee shall be entitled to leave with pay for such
				duty and for such period of required absence.
12.3. When attendance in a court is in
				connection with an employee's usual official duties, time required in going and
				returning shall not be considered as absence from duty.
12.4. When an employee serves upon a jury, or
				is subpoenaed in litigation, the employee shall be entitled to leave with pay
				for such duty and for such period of required absence.
12.5. The employee shall report to work if
				he/she is excused by the court before the end of her/his regular work day.
				Provisions for employees who work a shift other than day shift shall be made
				according to institutional policy.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-13 - Managing Work Time in Areas Affected by Interruption to Utility Service or Similar Situations

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Utility Service Interruptions - When extended power and utility service
				interruptions occur, administrators should make arrangements for employees'
				usual work routine to be accomplished at alternate work locations, or make
				affected employees available to other administrators for work in other areas.
				Also, if an administrator deems it advisable and the employee agrees, time off
				during the utility service interruption may be granted and charged against an
				employee's accumulated annual leave. Combinations of the above alternatives may
				be necessary, but in all cases interruptions of work schedules must be dealt
				with in accordance with applicable laws, including West Virginia Code
				12-3-13.
				This law is interpreted to mean that if pay is associated with the absence from
				work, the absence must be charged to accumulated annual leave.
13.2. Emergency Situations - In the event
				that an emergency exists, the president, in conjunction with local or state
				public safety officials, has the authority to comply with the emergency
				situation and close the institution. Such a declaration will be transmitted to
				the chancellor of the Higher Education Policy Commission. The president,
				working with public safety officials, will determine when the emergency
				condition no longer exists. Should an employee be required to work by the
				president or her/his designee during a declared emergency, the time worked
				shall be compensated according to the provisions of Series 8. Work time lost by
				any employee during a declared emergency will be considered regular work time
				for pay purposes and will not require that the time be charged to annual leave
				nor will there be a requirement that the time be made up.
13.3. Absences from work due to weather
				conditions other than during a declared emergency must be charged against
				accumulated annual leave, accumulated compensatory time, or the employee must
				be removed from the payroll for the time in question. Where institutions employ
				the "floating holiday" concept, the holiday record may be charged. Sick leave
				may not be charged for absence due to weather. Time lost from work may be made
				up in the same work week at the discretion of the employee's
				supervisor.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures related to West Virginia Code 18B.
1.2. Authority. -- W. Va. Code §
									18B-1-6.
1.3. Filing Date. -- August 5,
				1996.
1.4. Effective Date. --
				September 5, 1996.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Part-Time
				Regular Employee (PTR). An employee in a position created to last less than
				1,040 hours during a twelve-month period. An employee in a PTR position is not
				eligible for benefits, but is covered under the classification program as set
				out in Series 8.
2.2. Temporary
				Employee. An employee hired into a position expected to last fewer than nine
				months of a twelve month period regardless of hours worked per week. A
				temporary employee is not eligible for benefits, but is covered by the
				classification program as set out in Series 8.
2.3. Casual Employee. A casual employee
				position is a position created to meet specific operational needs at an
				institution for no more than 225 hours in a 12-month period. Individuals in a
				casual employee position are not eligible for benefits and are not covered by
				the classification program as set out in Series 8.
2.4. Student Employee. An employee enrolled
				at the institution as a student and whose primary purpose for being at the
				institution is to obtain an education. A student employee is not eligible for
				benefits and is not covered by the classification program as set out in Series
				8.
2.5. Classified Employee. An
				employee who is covered by the provisions of the classification program
				outlined in this rule as set out in Series 8.
2.6. Exempt. Employees not covered by the
				Fair Labor Standards Act (FLSA) for overtime purposes as set out in Series
				8.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-3 - Part-Time and Temporary Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Institutions shall not hire part-time
				employees solely to avoid the payment of benefits or in lieu of full-time
				employees and shall provide all qualified classified employees with nine-month
				or ten-month contracts 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. Consequently, institutions may only employ individuals into
				temporary positions when the function of the position is expected to require
				less than nine (9) consecutive months of employment (regardless of hours worked
				per week) to equal the full-time equivalency of the position.
3.2. Classified employees who are employed in
				less than twelve-month positions and who meet the minimum qualifications of a
				position shall be provided with an opportunity to accept part-time or full-time
				summer employment before new persons shall be hired for those
				positions.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-4 - Work Schedules

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 a fifteen (15) day notice of such changes. Institutions shall
				develop such policies within 90-days of the effective date of this
				rule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-5 - Appointment or Promotion

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Pursuant to W .Va. Code §
									18B-7-1(d),
				non-exempt classified employees who apply for and meet the minimum
				qualifications as determined by the institutional human resources director or
				other designee of the president for a posted non-exempt position within an
				institution and are currently employed at the institution shall be hired into
				the posted position prior to hiring someone from outside the
				institution.
5.2. If more than one
				qualified, non-exempt classified employee applies, the best- qualified
				non-exempt classified employee shall be awarded the position. In such cases, if
				the employees are equally qualified, the employee with the greatest amount of
				continuous seniority at the institution shall be awarded the position. A random
				selection method such as drawing of lots, rolling dice, or selection of playing
				cards shall be utilized if two or more employees have equal qualifications and
				seniority. Such method shall be mutually agreed upon by the affected employees
				and approved by the President or her/his designee. If the employees cannot
				agree on a random selection method, the President of the institution shall use
				the drawing of lots to determine rankings.
5.3. Provisions of this section shall not
				apply to casual, temporary and student employees, nor shall they apply to
				exempt positions.
5.4. Pursuant to
				W. Va. Code § 18B-7-1d, the provisions of this section shall not take
				precedence over the mandates in an institution's affirmative action plan
				adopted pursuant to the provisions of Executive Order 11246 or pursuant to any
				other federal or state requirement. In no event shall an institution's
				affirmative action plan require the use of quotas to meet its affirmative
				action goals or require the hiring of an unqualified person for any non-exempt
				position.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-6 - Probationary Period

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Full-time
				regular classified employees shall serve a six-month probationary period
				beginning at the original date of employment.
6.2. At the end of three months and the end
				of 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 system and institution rules and regulations.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-7 - Compensatory/Overtime Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Non-exempt employees may receive compensatory time off in lieu of overtime pay.
				All hours worked beyond 37½ and up to and including 40 hours are
				calculated at the employee's regular hourly rate. Time worked beyond 40 hours
				in a work week are to be calculated at a rate of one and one-half times the
				regular hourly rate.
7.2. 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.
7.3. Within 60 days of passage of this rule,
				institutions 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 37½
				hours.
7.4. 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.
7.5. 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.
7.6. Compensatory time
				must be used within one year of accrual. The use of compensatory time off shall
				be requested two weeks in advance of the use of the time off. Approval of the
				request shall be contingent upon whether it will unduly disrupt the operation
				of the institutional unit.
7.7.
				Should an individual's employment be terminated, any unused compensatory time
				shall be reimbursed as follows:
7.7.1. The
				average regular rate received by such employee during the first three years of
				the employee's employment; or,
7.7.2. The final regular rate received by
				such employee, whichever is higher.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-39 - Classified Employees › Section 133-39-8 - Posting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each
				institution shall develop a policy for posting of classified positions both
				internally and externally in order to provide employees adequate time to make
				application for positions. Institutions shall develop such policy within
				90-days of the effective date of this rule.
8.2 Posting shall not apply to casual or
				temporary positions.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-40 - Equal Opportunity and Affirmative Action › Section 133-40-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes equal opportunity and affirmative action policy.
1.2. Authority. -- West Virginia Code §
									18B-1-6 and §
									18B-1B-5.
1.3. Filing Date. -- October 31,
				2019.
1.4. Effective Date. --
				December 1, 2019.
1.5. Repeal of
				Former Rule. -- Repeals and replaces Title 133, Series 40 which had an
				effective date of November 7, 2013.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-41 - Health Sciences Service Program › Section 133-41-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule promulgates policy and procedure regarding the establishment and operation
				of a Health Sciences Service Program.
1.2. Authority. -- West Virginia Code §
									18B-1-6 and §
									18C-3-3.
1.3. Filing Date. -- July 18, 2019.
1.4. Effective Date. -- August 18,
				2019.
1.5. Repeal of Former Rule.
				-- Repeals and replaces Title 133, Series 41, dated January 19, 2019.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-41 - Health Sciences Service Program › Section 133-41-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The purpose of
				this program is to provide an incentive for fourth-year medical students to
				complete their training and provide primary care or emergency medicine in
				underserved areas of West Virginia, for other health professional students to
				complete their training and provide primary care in underserved areas of West
				Virginia, or for nursing program students to complete their training and teach
				in a school of nursing in West Virginia.
2.1.a. "Primary care" means the health care
				services generally provided by family practice physicians, general practice
				physicians, general internists, geriatricians, obstetrician/gynecologists,
				general pediatricians, psychiatrists and mid-level providers, including nurse
				practitioners, nurse-midwives, physician assistants, dentists, pharmacists,
				physical therapists, doctoral clinical psychologists, and licensed independent
				clinical social workers, or other disciplines which may be identified as
				primary care by the Vice Chancellor for Health Sciences.
2.1.b. For medical students, the term
				"training" is defined as the completion of a degree program in allopathic or
				osteopathic medicine and includes the successful completion of a primary care
				or emergency medicine residency. For other applicants, the term "training" is
				defined as the entire degree program or certification program for advanced
				practice nurses (both master's and doctoral), physician assistants, dentists,
				pharmacists, physical therapists, doctoral clinical psychologists, licensed
				independent clinical social workers, or other disciplines identified as
				shortage fields by the Vice Chancellor for Health Sciences.
2.1.c. "Underserved" means any primary care
				health professional shortage area located in the state as determined by the
				Bureau for Public Health or any additional health professional shortage area
				determined by the Vice Chancellor for Health Sciences.
2.1.d. "School of nursing" means any
				associate, baccalaureate, master's or doctoral level nursing program in West
				Virginia accredited by a national nursing accrediting agency recognized by the
				United States Department of Education.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-41 - Health Sciences Service Program › Section 133-41-3 - Eligibility Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In
				order to be eligible for a Health Sciences Service Program award, each
				applicant must:
3.1.a. Certify that the
				applicant possesses educational debt in an amount equal to or exceeding the
				proposed award amount. "Educational debt" is defined as any government,
				commercial, or foundation loans for actual costs paid for tuition, reasonable
				education, and living expenses related to graduate or undergraduate education;
				and.
3.1.b. Be enrolled in the last
				academic year of an accredited education program at a West Virginia institution
				leading to a degree or certification as a physician, advanced practice nurse,
				physician assistant, dentist, pharmacist, physical therapist, doctoral clinical
				psychologist, licensed independent clinical social worker, or other disciplines
				identified as shortage fields by the Vice Chancellor for Health Sciences.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-41 - Health Sciences Service Program › Section 133-41-4 - Application Process

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				applicant must apply to the Health Sciences Service Program using an
				application form approved by the Vice Chancellor for Health Sciences.
4.2. The Vice Chancellor for Health Sciences
				shall establish a deadline for applying for the Health Sciences Service
				Program. Applications must be complete and received by the deadline in order
				for the applicant to be considered for an award.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-41 - Health Sciences Service Program › Section 133-41-5 - Selection of Recipients

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Recipients will be selected from a pool of all applicants.
5.2. Awards shall be determined by the Vice
				Chancellor for Health Sciences with the advice of an advisory panel.
5.2.a. The advisory panel may be made up of
				the Division of Health Sciences Advisory Committee and such other members as
				may be added by the Vice Chancellor for Health Sciences from time to
				time.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-41 - Health Sciences Service Program › Section 133-41-6 - Award Provisions and Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The award amount shall be at least
				$20,000 for medical and dental students and at least $10,000 for all other
				eligible disciplines.
6.2. The
				award agreement shall contain the provision that the recipient will agree to
				practice full-time for at least two (2) years or half-time for at least four
				(4) years in an underserved area of West Virginia or teach full-time for at
				least two (2) years or half-time for at least four (4) years at a school of
				nursing in West Virginia.
6.3. The
				award agreement shall state that if a recipient fails to complete the service
				obligation and repayment of the award is required, that the granting of renewal
				of a license to practice in West Virginia or to reciprocal licensure in another
				state based upon licensure in West Virginia shall be contingent upon the
				recipient's complete repayment of the award and any accrued interest, court
				costs, or other costs associated with the debt.
6.3.a. No license, renewal or reciprocity
				shall be granted to persons whose payments are in arrears.
6.3.b. The appropriate regulatory board shall
				inform all states where a recipient has reciprocated based upon West Virginia
				licensure of any refusal to renew licensure in West Virginia as a result of
				failure to repay the award amount.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-41 - Health Sciences Service Program › Section 133-41-7 - Notification of Recipients and Fund Disbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Vice Chancellor for Health Sciences
				or his or her designee shall notify students of their selection to receive an
				award.
7.2. The Vice Chancellor for
				Health Sciences shall disburse funds as follows upon the participant's
				completion of training:
7.2.a. One-half of
				the award amount will be disbursed to the participant upon beginning practice
				or teaching at an approved practice site.
7.2.b. The remaining half of the award will
				be disbursed as follows:
7.2.b.1. For
				participants completing the service obligation through full-time practice or
				teaching, the remaining half of the award will be disbursed to the participant
				after one year of practice or teaching at an approved site. In order to receive
				the second disbursement, the participant must provide documentation to the Vice
				Chancellor for Health Sciences that the participant allocated the entire
				initial award disbursement toward the participant's educational debt
				balance.
7.2.b.2. For participants
				completing the service obligation through half-time practice or teaching, the
				remaining half of the award will be disbursed to the participant after two
				years of practice or teaching at an approved site. In order to receive the
				second disbursement, the participant must provide documentation to the Vice
				Chancellor for Health Sciences that the participant allocated the entire
				initial award disbursement toward the participant's educational debt
				balance.