reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 168 - Prosecuting Attorneys Institute › Title 168 - PROCEDURAL RULE PROSECUTING ATTORNEYS INSTITUTE › Series 168-01 - Payment for Costs of Forensic Medical Examination › Section 168-1-4 - Responsibilities of Law Enforcement Agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				When contacted an investigating officer or law enforcement agency is
				responsible for the following duties:
4.1.1.
				The investigating officer should inform the victim upon arrival at the hospital
				that the Forensic Medical Examination Fund will pay for the cost of the
				forensic medical examination. The investigating officer may not require an
				alleged victim's agreement to pursue prosecution of the case as a condition
				precedent to of obtaining the examination. Payment from the fund may not be
				refused for the reason that the victim later fails or refuses to cooperate in a
				criminal prosecution.
4.1.2. The
				investigating officer is responsible for contacting the prosecuting attorney or
				assistant prosecuting attorney in the county where the alleged offense occurred
				to alert said prosecuting attorney or assistant prosecuting attorney of the
				investigation.
4.1.3. Upon
				completion of the forensic medical exam, the investigating officer is
				responsible for promptly transferring all evidence to the WV State Police Crime
				Laboratory in South Charleston, West Virginia for evaluation.
West Virginia Code of State Rules › Agency 168 - Prosecuting Attorneys Institute › Title 168 - PROCEDURAL RULE PROSECUTING ATTORNEYS INSTITUTE › Series 168-01 - Payment for Costs of Forensic Medical Examination › Section 168-1-5 - Responsibilities of Prosecuting Attorneys Institute

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon receipt of certification that an
				examination was performed and an original invoice in proper form the
				Prosecuting Attorneys Institute shall promptly transmit, at intervals no less
				often than monthly, all necessary documentation, in a form acceptable to the
				Auditor, to the Department of Administration for computer entry and further
				payment processing.
West Virginia Code of State Rules › Agency 168 - Prosecuting Attorneys Institute › Title 168 - PROCEDURAL RULE PROSECUTING ATTORNEYS INSTITUTE › Series 168-01 - Payment for Costs of Forensic Medical Examination › Section 168-1-6 - Limitations on Use of Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A licensed
				medical facility performing a forensic medical examination must conduct the
				exam within a reasonable time of the alleged sexual assault in order to be
				eligible for reimbursement from the Fund. Generally, in order to obtain usable
				evidence, a reasonable time is as soon as possible and should not exceed
				ninety-six (96) hours after the time of the alleged assault. If, however, in
				the judgment of the physician, sexual assault nurse examiner (SANE), physician
				assistant working under the direct supervision of a physician or the advanced
				practice nurse, special circumstances exist and the forensic examination should
				be conducted even after the passage of ninety-six (96) hours such examination
				will be considered to be conducted within a reasonable time.
6.2. Medical exams are primarily restricted
				to the collection of forensic evidence.
6.3. The West Virginia Forensic Medical
				Examination Fund covers only the cost of forensic medical exams. The Fund does
				not cover the cost of any treatment of injuries, pregnancy prevention or
				additional testing for pregnancy or sexually transmitted diseases.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-02 - Addressing And Mapping Standards And Participation By Public Agenices In Statewide Addressing And Mapping Project › Section 169-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Pursuant to W. Va. Code
				§
									24E-1-6. -7. and -9(b), the West Virginia Statewide Addressing and
				Mapping Board does hereby adopt the following rules governing statewide
				addressing and mapping standards; governing participation by public agencies in
				the statewide addressing and mapping project undertaken by the Board pursuant
				to W. Va. Code §24E-1 et seq.; and governing protections of privacy of the
				state's citizens and of the homeland security during the project, as well as
				governing the distribution generally of works created as a result of the
				project.
1.2. Authority. -- W. Va.
				Code §§
									24E-1-6, 7 & 9(b); 29A-3-15.
1.3. Filing Date. -- April 8, 2004.
1.4. Effective Date. -- April 8,
				2004.
1.5. Application.
1.5.a. In general. -- These rules establish
				statewide addressing and mapping standards, and regulations for participation
				in the statewide addressing and mapping project undertaken by the Board
				pursuant to W. Va. Code §24E-1 et seq.
1.5.b. Waiver. -- If these rules result in an
				unreasonable or undue hardship, application may be made to the Board for
				temporary exemption from these rules under the circumstances for which
				application is made, for unreasonable or undue hardship and good cause shown.
				The Board may also grant waivers upon its own motion.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-02 - Addressing And Mapping Standards And Participation By Public Agenices In Statewide Addressing And Mapping Project › Section 169-2-2 - Addressing and Mapping Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Addressing
				Standards.
2.1.a. Unaddressed areas. -- By the
				time of the completion of the Project, all areas without city-type addresses
				must be addressed in accordance with, and otherwise conform to, the Statewide
				Addressing and Mapping System, including addresses and signage.
2.1.b. Established addresses and addressing
				systems. -- By the time of the completion of the Project, all public agency
				addressing systems, including addresses and signage, must conform to the
				Statewide Addressing and Mapping System, unless:
2.1.b.1. The public agency is exempt under W.
				Va. Code §
											24E-1-6(b); or
2.1.b.2. The public agency has obtained a
				waiver under these rules.
2.1.c. Changes of addresses and addressing
				systems. -- Addresses and addressing systems in the state are not to be changed
				unless necessary to conform to requirements of the Statewide Addressing and
				Mapping System, and then, only after the Board finds that conformance to the
				System is necessary or advisable for prompt and accurate emergency services
				dispatch for the protection of human life, the protection of property or the
				maintenance of general community security, and the public agency responsible
				for the change of address makes the change. This subsection does not, however,
				prevent public agencies from making changes to addresses, without the
				participation of the Board, that are otherwise in compliance with these
				rules.
2.1.d. Addressing standards
				for the Statewide Addressing and Mapping System. -- The Statewide Addressing
				and Mapping System must follow the standards and guidelines in the attached
				"West Virginia 911 Addressing Handbook, First Edition, April 2003." Where the
				term "should" is used in those standards and guidelines, it means that the
				standard or guideline in question must be followed in good faith and consistent
				with prompt and accurate emergency services dispatch, but may be deviated from
				where compliance is not feasible or practical under the circumstances. The
				affected public agency has the right to determine, in the first instance,
				whether to comply with or deviate from the standards and guidelines in the West
				Virginia 911 Addressing Handbook, First Edition, April 2003, subject to review
				at the discretion of the Board.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-02 - Addressing And Mapping Standards And Participation By Public Agenices In Statewide Addressing And Mapping Project › Section 169-2-4 - Protection of Privacy, Homeland Security and Distribution of Works

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Protection of Privacy.
4.1.a. Except as otherwise specified in these
				rules, no person may distribute any maps, compilations or other works created
				as a result of the Project without the express written permission of the Board,
				and then, only under conditions imposed by the Board to protect reasonable
				expectations of privacy of the information in those works, consistent with the
				West Virginia Freedom of Information Act, W. Va. Code §29B-1 et seq, and
				consistent with W. Va. Code §
										24E-1-9(b).
4.1.b. The following standards apply to the
				distribution of maps, compilations or other works under these rules:
4.1.b.1. Any such works may be distributed
				for emergency services purposes to public agencies, local exchange telephone
				companies and other persons with a legitimate need to know for such purposes.
				Except as otherwise permitted by the Board or these rules, such public
				agencies, local exchange telephone companies and other persons may use such
				works solely for emergency services purposes.
4.1.b.2. Except as otherwise specified in
				these rules, maps and mapping works may be distributed to any person paying the
				applicable fees to be established by the Board. The Board explicitly finds that
				there is no reasonable expectation of privacy by individual citizens in such
				maps or mapping data, and that the distribution of such works is consistent
				with the legislature's declaration of policy under W. Va. Code
				§
											29B-1-1.
4.1.b.3. Addresses
				and other non-mapping works may be distributed at the sole discretion of the
				board, to the postal service, utilities and other entities with a legitimate
				need to know as determined by the Board. Other than the distribution of such
				works to the postal service, the Board may establish fees, terms and conditions
				for the distribution of such works, including without limitation such
				restrictions, if any, on the further distribution of such works to protect
				reasonable expectations of privacy.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-03 - Final Distribution And Use Of Statewide Addressing And Mapping Fund › Section 169-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Pursuant to W. Va. Code
				§
									24E-1-5, the West Virginia statewide addressing and mapping board adopts
				the following rules governing the final distribution and use of any remaining
				amounts in the statewide addressing and mapping fund upon the termination of
				the board scheduled under W. Va. Code §
									24E-1-11 for April 1,
				2007.
1.2. Authority. -- W. Va.
				Code §§
									24E-1-5; 29A-3-15.
1.3. Filing Date. -- May 10, 2006.
1.4. Effective Date. -- May 11,
				2006.
1.5. Definitions.
1.5.a. "Board" means the West Virginia
				statewide addressing and mapping board.
1.5.b. "Eligible county commissions" means
				those county commissions that comply fully with the board's standards and other
				requirements for the statewide addressing and mapping system.
1.5.c. "Emergency services purposes" means
				use related to 9-1-1 or enhanced 9-1-1 dispatch and response.
1.5.d. "Fund" means the West Virginia
				statewide addressing and mapping fund.
1.5.e. "Project" means the project for the
				creation of a statewide addressing and mapping system for emergency services
				purposes, but usable as a base for other purposes, in accordance with and
				consistent with Chapter 24E, Article 1 of the West Virginia Code.
1.5.f. "System" means the statewide
				addressing and mapping system to be created as a result of the project, with
				the participation of public agencies and other entities, including, without
				limitation, the establishment of city-type addressing and mapping systems
				essential to the prompt and accurate dispatch of emergency service providers.
				The term "system" also includes any local modifications that may be made to the
				system in order to tailor it to meet specialized local concerns.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-03 - Final Distribution And Use Of Statewide Addressing And Mapping Fund › Section 169-3-2 - Final Distribution and Use of Remaining Amounts in Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Distribution and Use of
				Fund
.
The board shall, as its last act prior to its termination,
				transfer to eligible county commissions any remaining amounts in the fund,
				according to the formula contained in W. Va. Code §24-6- 6b(d)(1):
				Provided, That the provisions of §
									24-6-6 b(d)(1) by which a county may
				receive a special eight and one half tenths of one percent because of the date
				upon which it enacted its 9-1-1 ordinance are not applicable to the
				apportionment of funds transferred pursuant to this rule. In accordance with
				the Legislature's express intention under W. Va. Code §§
									24E-1-1 and
				24E-1-5 that the fund be used solely for establishment of a statewide
				addressing and mapping system primarily for emergency services purposes, those
				amounts may be used by county commissions solely to implement and maintain the
				project or the system within each county primarily for emergency services
				purposes.
2.2. Ineligible County
				Commissions.Any county commission that fails to comply fully with the board's
				standards and other requirements for the statewide addressing and mapping
				system, and that does not remedy its failure, or demonstrate substantial
				progress toward doing so and obtain an appropriate waiver from the board by the
				time of the final distribution of the fund, is ineligible to receive any
				distribution from the fund. Instead, the board shall distribute the share of
				the fund that the county commission would have received to the eligible county
				commissions, in the same proportions and manner as wireless enhanced 9-1-1 fees
				are distributed to county commissions under W. Va. Code §
									24-6-6b for the
				year in which the remaining amounts from the fund are distributed.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-04 - Standard Fees For Planimetric Elevation Data › Section 169-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. Pursuant to Chapter 24E, Article
				1, Sections 6, 7, and 9(a) of the West Virginia Code, the West Virginia
				Statewide Addressing and Mapping Board does hereby adopt the following rules
				establishing standard fees for the license of its planimetric elevation data.
				These rules do not establish fees for hydrology, roads, railroads, structures
				or other planimetric data sets.
1.2. Authority. W. Va. Code §§
									24E-1-6, 7 & 9(a); 29A-3-15.
1.3. Filing Date. -- May 10, 2006.
1.4. Effective Date. -- May 11,
				2006.
1.5. Application.
1.5.a. Planimetric Elevation Data. These
				rules establish standard fees for planimetric elevation data. The fees
				established by these rules are reasonable and, to the extent possible, are
				based on cost.
1.5.b. Other
				Planimetric Data. These rules do not establish fees for hydrology, roads,
				railroads, structures or other planimetric data sets created expressly for the
				statewide addressing and mapping project. Nothing in these rules, however,
				prevents the Board from entering into agreements governing the release of those
				data, or any portion of those data, if otherwise lawful and expressly approved
				by the Board.
1.5.c. Waiver. If
				these rules result in an unreasonable or undue hardship, application may be
				made to the Board for temporary exemption from these rules under the
				circumstances for which application is made, for unreasonable or undue hardship
				and good cause shown. The Board may also grant waivers upon its own
				motion.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-04 - Standard Fees For Planimetric Elevation Data › Section 169-4-2 - Standard Fees for Planimetric Elevation Data

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Applicable Standard Fees and Order Processing.
2.1.a. Base Price. The base price for
				elevation data is five (5) cents per acre. The Board may require ordering by a
				standard size area (i.e., a "tile"), may specify the tile size, and may require
				a minimum and maximum number of tiles per order. The Board may require orders
				of standard sizes to be specified by the Board. In addition, the Board may
				impose an upper limit on the amount of data per order.
2.1.b. Order Processing Charges. The Board
				may impose an order processing charge of no more than one hundred twenty-five
				dollars ($125.00) per order. Additional order processing charges may apply for
				an order requiring more than one digital versatile disk ("DVD"), in an amount
				not to exceed $125.00 per additional disk.
2.1.c. E-commerce. The Board may make the
				elevation data available on an e-commerce website on the Internet, and may
				establish a separate fee structure for orders placed via the e-commerce
				website. E-commerce fees will not exceed the fees established for non-internet
				orders.
2.1.d. Payment. The Board
				may specify the forms of acceptable payment, such as check, cash, or credit
				card, etc., for orders of the data, in accordance with State statute. State law
				requires that payment be received in advance of service delivery. The Board may
				create order forms and other documents, and establish relationships with other
				state agencies as necessary to conduct its business transactions.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-04 - Standard Fees For Planimetric Elevation Data › Section 169-4-3 - Ownership of Data; License Agreements; Other Contracts and Financial Arrangements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Ownership of
				Data; All right, title and interest in the data produced by the Project vests
				solely in the Board.
3.2. Licenses.
				No person may receive a copy of any data produced by the Project without first
				signing a license or other agreement in a form acceptable to the
				Board.
3.3. Other Contracts and
				Financial Arrangements. Nothing in these rules restricts the ability of the
				Board to enter into contracts, including financial arrangements, with public
				agencies or other entities, public or private, in order to accomplish the
				purposes of Chapter 24E, Article 1 of the West Virginia Code, pursuant to
				Series 2 of the Board's legislative rules.
West Virginia Code of State Rules › Agency 169 - Statewide Addressing And Mapping Board › Title 169 - LEGISLATIVE RULES WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD › Series 169-04 - Standard Fees For Planimetric Elevation Data › Section 169-4-4 - Termination of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Expiration
				of the Board. This rule and any fees for the licensure of planimetric elevation
				data provided herein shall expire and terminate on the first day of April, two
				thousand seven, in accordance with the termination of the West Virginia
				Statewide Addressing and Mapping Board pursuant to W. Va. Code §
									24E-1-11,
				unless sooner terminated, continued or reestablished.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-01 - Mine And Industrial Accident Rapid Response System › Section 170-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. The
				purpose of this rule to coordinate rapid and appropriate response to mining and
				industrial accidents; to govern participation by public agencies in response to
				mining or industrial accidents; and, to govern protections of privacy for the
				state's citizens and of the homeland security during the project, as well as to
				govern the distribution generally of records and information collected during
				response operations.
1.2.
				Authority. -- W. Va. Code §
									64-6-3.
1.3. Filing Date. -- March 30,
				2007.
1.4. Effective Date. -- April
				2, 2007.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-01 - Mine And Industrial Accident Rapid Response System › Section 170-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following terms shall have the meaning as used in this
				  Rule unless in a context that requires a different meaning:
2.1. "Accident" means the following:
2.1.a. Death of an individual at a
				mine;
2.1.b. An injury to an
				individual at a mine which has a reasonable potential to cause death;
2.1.c. The entrapment of an
				individual;
2.1.d. The unplanned
				inundation of a mine by a liquid or gas;
2.1.e. The unplanned ignition or explosion of
				gas or dust;
2.1.f. The unplanned
				ignition or explosion of a blasting agent or an explosive;
2.1.g. An unplanned fire in or about a mine
				not extinguished within five minutes of ignition;
2.1.h. An unplanned roof fall at or above the
				anchorage zone in active workings where roof bolts are in use or an unplanned
				roof or rib fall in active workings that impairs ventilation or impedes
				passage;
2.1.i. A coal or rock
				outburst that causes withdrawal of miners or which disrupts regular mining
				activity for more than one hour;
2.1.j. An unstable condition at an
				impoundment, refuse pile or culm bank which requires emergency action in order
				to prevent failure, or which causes individuals to evacuate an area, or the
				failure of an impoundment, refuse pile or culm bank;
2.1.k. Damage to hoisting equipment in a
				shaft or slope which endangers an individual or which interferes with the use
				of equipment for more than thirty minutes; and,
2.1.l. An event at a mine which causes death
				or bodily injury to an individual not at the mine at the time the event
				occurs.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-01 - Mine And Industrial Accident Rapid Response System › Section 170-1-3 - Notification of Emergency Incidents by Covered Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All covered facilities are to report
				accidents or emergencies to the Division of Homeland Security and Emergency
				Management at the Mine and Industrial Accident Call Center at 1-866-987-2338 or
				other such number as may be identified by the Director.
3.2. All calls received on the published line
				are to be recorded for documentation purposes. Recording of calls is to be
				automatic, and the recorded call information, including time of call and
				complete voice transcripts, shall be made available to any representative of a
				government agency responsible for enforcing rules and regulations and
				investigating violations relating to mining and industrial safety upon written
				request. The request must describe why the information is needed and the
				purpose for which it will be used.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-01 - Mine And Industrial Accident Rapid Response System › Section 170-1-4 - Requests for Information - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Director of the Division of Homeland
				Security and Emergency Management is the custodian of all records of the Center
				for the purpose of complying with W. Va. Code §
									29B-1-1, et
				seq.
4.2. All requests for
				information must include the following information in order for the request to
				be considered sufficiently specific:
4.2.a.
				Name of the individual and organizational affiliation of the individual making
				the request; and,
4.2.b.
				Approximate dates and times of incidents on which information records are
				requested.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-01 - Mine And Industrial Accident Rapid Response System › Section 170-1-5 - Trade Secrets and Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Covered facilities requesting protection
				of information considered trade secrets or proprietary information must provide
				justification for such requests in writing.
5.2. Information received shall be released
				to appropriate regulatory or investigative agencies upon written request and
				upon approval by the Director or his or her designee.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to coordinate rapid and appropriate response to
				industrial accidents; to govern participation by public agencies in response to
				industrial accidents; to identify the various entities that are required to
				report to the Mine and Industrial Accident Rapid Response System (MIARRS); to
				establish procedures for the implementation of this program; to establish
				penalties for violations of the provisions of §
									15-5B-3a and its subsections and,
				to govern protections of privacy and security for the state's citizens
				regarding the emergency event, as well as to govern the distribution generally
				of records and information collected during response operations.
1.2. Authority. -- W. Va. Code
				§15-5B-3a.
1.3. Filing Date.
				-- April 15, 2024.
1.4. Effective
				Date. -- April 15, 2024.
1.5.
				Sunset Provision. -- This rule shall terminate and have no further force or
				effect on August 1, 2029.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following terms shall have the meaning as used in this
				  Rule unless in a context that requires a different meaning:
2.1. "Industrial facility" means:
2.1.a. Any facility that is required to
				submit a risk management plan to the United States Environmental Protection
				Agency pursuant to regulations promulgated under Section 112(r) of the Clean
				Air Act of 1990, 42 U. S.
				C.§
											7412(r), including
				the property upon which the facility is located and any buildings appurtenant
				thereto or associated therewith, including storage facilities; or
2.1.b. A facility which is a factory, mill,
				plant or refinery, other than a coal facility, including the property upon
				which a factory, mill, plant or refinery is located and any buildings
				appurtenant thereto or associated therewith, including storage facilities,
				found by the director to be of a type to have a reasonable potential to have an
				emergency event and for which the director has provided actual written notice
				via certified mail, return receipt requested, to the facility's owner or
				operator of the facility's coverage under this rule and of the obligations
				imposed by the provisions of W. Va. Code §
										15-5B-3a and this rule.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-3 - Reporting of Emergency Incidents by Industrial Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All industrial facilities are to report
				emergency events to the Division of Emergency Management at the Mine and
				Industrial Accident Call Center at 1-866-987-2338, or other such number as may
				be identified by the Director within fifteen minutes of ascertaining the
				occurrence of an emergency event at an industrial facility. Industrial
				facilities may satisfy this requirement by contacting the local 911
				center.
3.2. The initial
				notification reported as described above shall include the following minimum
				information:
3.2.a. The name and title of the
				individual making the report;
3.2.b. The name and address of the facility;
				and,
3.2.c. Notification that an
				emergency event has occurred.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-4 - Event Communications and Access to Public Officials

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Event Communications. As soon as
				practicable after providing the notice required under section 3 of this rule,
				the industrial facility shall implement a communications system designed to
				provide timely information to appropriate state and local officials. At a
				minimum, the industrial facility shall designate a person to serve as a contact
				for state and local emergency responders and provide the name of the designated
				person via the Industrial Accident Call Center reporting line. Any person so
				designated shall, upon the request of an appropriate state or local official,
				provide such additional information known or subsequently known that may be
				necessary to assess the extent of the emergency or to provide appropriate
				public assistance.
4.2. Access to
				Public Officials. As soon as practicable after the occurrence of an emergency
				event, the industrial facility shall, upon request, provide appropriate state
				and local officials with timely authorized access to the person or persons
				charged with managing the event on behalf of the facility and the area(s) where
				the emergency event is being managed or the industrial facility's response to
				the emergency event is being coordinated. The industrial facility shall also
				provide appropriate state and local officials with timely authorized access to
				any areas affected by the emergency event: Provided, That the industrial
				facility has determined those areas to be reasonably safe: Provided, however,
				That within thirty minutes of obtaining information that affects the public
				health, safety and welfare, state and local officials shall notify the public
				of any hazardous materials or events which may affect the area.
4.3. The Director shall establish a policy to
				ensure compliance with the requirement for notification to the
				public.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-5 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Penalty
				Amount. The director may impose a civil penalty on the industrial facility if
				he or she determines that the industrial facility failed to comply with the
				reporting or communications and access requirements in this rule. In no case
				shall the total penalty for all violations exceed $100,000 for an emergency
				event.
5.2. Categories of
				violations of W. Va. Code §
									15-5B-3a.
5.2.a. Reporting violations are failures to
				report an incident within fifteen minutes of becoming aware of the reportable
				incident and failing to report all information required by this rule and W. Va.
				Code §
										15-5B-3.a.(b).
5.2.b. Communication/Access violations are
				failures to comply with the requirements of this rule and applicable statutory
				provisions regarding communication with appropriate state or local officials
				and/or denying appropriate state or local officials access to the location
				where the facility is managing its response to the emergency event as required
				by this rule and W. Va. Code §
										15-5B-3.a.(c) and (d).
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-6 - Requirement for Public Officials to Notify the Public

Current through Register Vol. XLI, No. 28, July 12, 2024
Notification to the Public of emergency events that have the
				  potential to affect the public in close proximity to an emergency event shall
				  be made by appropriate local or state officials designated in local emergency
				  plans within 30 minutes in accordance with those plans.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-7 - Requests for Information - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director of the Division of Emergency Management is the
				  custodian of all records of the Center for the purpose of complying with W. Va.
				  Code §
									29B-1-1, et seq.
7.1. All requests for information must
				include the following information in order for the request to be considered
				sufficiently specific:
7.1.a. Name of the
				individual making the request; and,
7.1.b. Approximate dates and times of
				incidents on which information records are requested.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-8 - Trade Secrets and Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Covered facilities requesting protection
				of information considered trade secrets or proprietary information must provide
				justification for such requests in writing.
8.2. Information received shall otherwise be
				released to appropriate regulatory or investigative agencies upon written
				request and upon approval by the Director or his or her designee.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-02 - Industrial Accident Rapid Response Rule › Section 170-2-9 - Lists of Covered Industrial Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The lists of industrial facilities to
				which this rule applies shall be maintained by the Director. The Director shall
				update the list from time to time, as necessary, to add or delete facilities
				from the list. In order for a facility to be subject to 170CSR2, it must have
				received written notice via certified mail, return receipt required of the
				facility's inclusion thereon. In developing the initial list and determining
				whether to add or delete facilities from the list, the Director shall consider
				the following:
9.1.a. Facilities required to
				maintain a risk management plan.
9.1.a.1. A
				facility may be added to the list of covered facilities subject to this rule
				pursuant to W. Va. Code §
											15-5B-3a(a)(1)(A)
				if such facility is required to have a risk management plan under Section
				112(r) of the Clean Air Act of 1990, 42. U.S.C. § 7412(r).
9.1.a.2. A facility may be deleted from the
				list of covered facilities subject to this rule pursuant to W. Va. Code §
											15-5B-3a(a)(1)(A)
				where it is demonstrated that the facility is no longer required to have a risk
				management plan under Section 112(r) of the Clean Air Act of 1990, 42. U.S.C.
				§ 7412(r). The fact that a facility is no longer required to have a risk
				management plan shall not preclude the Director from determining that the
				facility should be listed pursuant to section 9.1.b of this rule.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope: These
				rules shall regulate the governance of meetings held before the Statewide
				Interoperability Executive Committee with regard to hearings, the Regional
				Interoperability Committees and the discharge of administrative duties. Nothing
				in these rules should be construed to limit the Director's authority to manage
				Division of Homeland Security and Emergency Management operations as it relates
				to SIRN.
1.2. Authority W.Va. Code
				§§
									6-9A-1,
				et seq.,
				15-14-1 et
				seq.,
1.3. Filing Date August 24,
				2018.
1.4. Effective Date September
				23, 2018.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-2 - Notice of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All
				regular meetings and special meetings shall be open to the people of the State
				in accordance with West Virginia §
									6-9A-1
et seq.
and that reasonable advance notice of the time, date
				and location of such meetings being convened: Provided, however, that governing
				bodies may hold executive sessions as part of any duly convened regular,
				special or emergency meeting under certain circumstances as permitted by
				law.
2.2. The notice of meeting
				shall clearly state the date, time and readily identifiable street address of
				the location of the meeting, along with any room information. Such notice will
				be published, at a minimum, on the Secretary of State's website and such other
				publicly accessible locations as the committee deems in the public's best
				interest.
2.3. The notice of
				meeting shall also indicate the email address and mailing address or other
				relevant contact information for the Chairperson along with any other
				instructions for how a member of the public may reserve time to address the
				committee.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-3 - Conduct of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				meetings will be open to the public, although the Committee may either on its
				own initiative or upon request of an interested party, hold an executive
				session during a meeting after the presiding officer has identified the
				authority under W. Va. Code §
									6-9A-4 for the holding
				of such executive session and has presented it to the governing body and to the
				general public.
3.2. Persons
				desiring to address the Committee are encouraged to make arrangements in
				advance with the committee. Advanced arrangements are not required as such a
				person may sign in prior to the scheduling commencement of any regular or
				emergency meeting. Any speaker shall provide their full name, mailing address,
				telephone number, email address and subject to be addressed. Presentations
				shall be limited to five minutes, unless otherwise designated by the
				Committee.
3.3.Circumstances may
				arise which necessitate one or more Committee members from personally
				appearing. Members may participate in the meeting by telephone or video
				conference to the extent as if they were physically present. A speakerphone or
				other such device shall be used to enable those present, including the public,
				to hear & see the committee members that are participating remotely.
				Members shall make arrangements to appear remotely in advance with the
				Chairperson.
3.4. Committee members
				or their designees shall not have a felony conviction nor pending felony
				charges.
3.5. The Chairperson may
				order a criminal background check on any designee, committee member or
				programmer to be performed without cost to that individual.
3.6. Officers:
3.6.1.The Chairperson shall open the meetings
				and keep the meetings orderly. The Director of the Division of Homeland
				Security and Emergency Management shall serve as the chairperson. The
				Chairperson shall prepare an accounting of all money disbursed from and
				deposited to the SIRN account in accordance with
				15-14-9(d).
3.6.2.The Vice Chairperson shall be elected
				by a simple majority of the members present and shall serve for a period of two
				years. The Vice Chairperson will perform the duties of the Chairperson in their
				absence.
3.6.3.The Recorder shall
				keep minutes of all meetings and insure those minutes are published in
				accordance with paragraph 5.0 of these rules. The recorder will also maintain
				an agenda for future meetings.
3.6.4.The committee may appoint such further
				officers as deemed necessary to carry out the purpose of the committee. Such
				additional officers serve at the pleasure of the Chairperson.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-4 - Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In
				the event of a situation requiring immediate official action, the Committee
				will file an emergency meeting notice prior to the meeting. Such notice will
				contain the date, time, place and purpose of the meeting along with the facts
				and circumstances of the emergency.
4.2. The minutes of the Committee will be
				open to inspection of any member of the public at the Charleston office of the
				WV DHSEM in accordance with W.Va. Code §
									6-9A-5 and in accordance
				with paragraph 5 of these rules.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-5 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.Minutes shall
				be kept of all meetings and shall be posted, at a minimum, on the SIRN
				website.
5.2. Executive session
				portions of any meetings will be noted and include the duration of the closed
				session and topics discussed.
5.3.
				Minutes shall reflect any votes taken in accordance with paragraph
				7.0.
5.4.The draft minutes from
				each meeting shall be sent to each committee member after each meeting for
				comment. Any comments or proposed amendments thereto, shall be read aloud at
				the next meeting of the committee. After reading amendments, if any, a vote
				shall be taken to approve the minutes or to include amendments. Once approved
				by the Committee, the finalized minutes shall be posted in accordance with
				paragraph 5.1.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-6 - Executive Sessions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any
				portion of a meeting not open to the public is to be noted as an Executive
				Session on the agenda and shall be conducted in accordance with W. Va. §
									6-9A-4.
6.2. The presiding officer shall identify the
				authorization for holding the executive session which shall be noted by the
				recorder in the minutes of the meeting.
6.3. The members present shall determine by a
				majority vote to convene the executive session in accordance with Paragraph
				7.0.
6.4.Votes shall not be held
				while in Executive Session.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-7 - Quorum & Voting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A quorum
				will be the simple majority of the SIEC members as set forth in W. Va. §
									15-14-5
				participating either in person, by phone, video conference or other committee
				members participating remotely.
7.2. Attendance shall be recorded in the
				minutes of the meeting.
7.3. If a
				quorum is not present, then no items shall be voted upon.
7.4. Any item that is not eligible to be
				voted on shall be placed on the agenda for the next scheduled meeting. Votes
				shall be called by the presiding Officer.
7.5. Votes may be cast by voice or can be by
				roll-call, if requested.
7.6. Votes
				shall be recorded by the presiding Officer or a designee and published in the
				minutes of the meeting. If a roll-call vote is requested the minutes shall
				indicate:
7.6.1. the name of the
				person;
7.6.2. the SIEC member
				represented by that person; and
7.6.3. if they voted "yay" "nay", "abstained"
				or "not present".