reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means the Weights and Measures
				Act, W. Va. Code §
									47-1-1
et seq
.
3.2. "Certificate of registration" means the
				document issued by the Division of Labor upon receipt of a complete application
				from a service person or service agency.
3.3. "Complete application" means the
				document issued by the Division of Labor upon receipt of a complete application
				from a service person or service agency.
3.4. "Commissioner" means the Commissioner of
				the Division of Labor and his or her authorized representatives.
3.5. "Days" means business days, unless
				stated otherwise.
3.6. "Device"
				means and includes any instrument, apparatus or piece of equipment that is
				commercially used to weigh or measure goods or products.
3.7. "Division" means the West Virginia
				Division of Labor.
3.8. "Emergency"
				means an unforeseen event requiring immediate attention that occurs after the
				Division's normal business hours.
3.9. "National Institute of Standards and
				Technology" or "NIST" is an agency of the United States Department of Commerce
				located at 100 Bureau Drive, Gaithersburg, MD 20899. Its website is
www.nist.gov
.
3.10. "Normal business hours" means Monday
				through Friday between the hours of 8:00 am and 5:00 pm, excluding legal
				holidays as defined in W. Va. Code §
									2-2-1 or states of emergency as
				declared by the President of the United States or the Governor of West
				Virginia.
3.11. "Notice of Device
				Rejection" means the Division of Labor Form 301 that is given to a business
				identifying a specific device that has been found, after testing, to be out of
				compliance with required specifications or tolerances.
3.12. "Placed in Service Report" means the
				Division of Labor Form 301B that authorizes the placement in service of a newly
				installed device or the restoration to service of a rejected device.
3.13. "Request for Assistance Number" or "RFA
				Number" means the number assigned by the Division of Labor to track the status
				of a consumer complaint or actions taken by a registered service person or
				registered service agency.
3.14.
				"Security seal" means a physical seal or an audit trail counter.
3.15. "Service agency" means a business that
				installs, services, repairs or reconditions commercial weighing or measuring
				devices.
3.16. "Service person"
				means an individual who, for compensation, installs, services, repairs or
				reconditions commercial weighing or measuring devices.
3.17. "Weights and Measures Section" means
				the section within the Division of Labor primarily responsible for the weights
				and measures programs.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-4 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				following sections in the National Institute of Standards and Technology
				Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for
				Weighing and Measuring Devices," 2017 Edition, as adopted by the National
				Conference in Weights and Measures, are adopted and incorporated herein by
				reference:
4.1.a. Section 1.10, General
				Code;
4.1.b. Section 2.20,
				Scales;
4.1.c. Section 2.21,
				Belt-Conveyor Scale Systems;
4.1.d.
				Section 2.22, Automatic Bulk Weighing Systems;
4.1.e. Section 2.24, Automatic Weighing
				Systems;
4.1.f. Section 3.30,
				Liquid Measuring Devices;
4.1.g.
				Section 3.31, Vehicle-Tank Meters;
4.1.h. Section 3.32, Liquified Petroleum Gas
				and Anhydrous Ammonia Liquid Measuring Devices;
4.1.i. Section 3.37, Mass Flow
				Meters;
4.1.j. Section 4.45, Dry
				Measures;
4.1.k. Section 4.46,
				Berry Baskets and Boxes;
4.1.l.
				Section 5.55, Timing Devices; and
4.1.m. Appendix D, Definitions.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-5 - Voluntary Registration; Privileges and Responsibilities of a Voluntary Registrant; Service Persons Employed by a Registered Service Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A service person or service agency may
				install, service, repair or recondition a commercial weighing and measuring
				device without registering with the Division.
5.2. A service person or service agency that
				is not registered with the Division may not engage in or perform any of the
				activities set forth in subsection 5.3.
5.3. A service person or service agency that
				registers with the Division and has been issued a certificate of registration
				shall have the authority and responsibility to:
5.3.a. Notify the Weights and Measures
				Section by telephone or email before performing any of the activities set forth
				in this subsection and obtaining an RFA number;
5.3.b. Comply with the appropriate NIST
				Handbook 44 specifications, tolerances and other technical requirements and the
				appropriate NIST Handbook 112 examination procedures when installing,
				servicing, repairing or reconditioning a commercial weighing or measuring
				device;
5.3.c. Remove the
				Division's official rejection tag or security seal on a device;
5.3.d. Place a new device in
				service;
5.3.e. Complete a "Placed
				in Service Report" Form 301B and submit the completed report to the Weights and
				Measures Section by mail, email or fax within 24 hours of placing a device in
				service;
5.3.e.1. If work must be performed
				after normal business hours during a routine service call and the Division has
				not assigned an RFA number, the registered service person or service agency
				shall enter the words "AFTER HOURS" in place of the RFA Number on Form
				301B;
5.3.e.2. If work must be
				performed after normal business hours due to an emergency, the registered
				service person or service agency shall enter the word "EMERGENCY" in place of
				the RFA Number on Form 301B.
5.3.f. After adjusting or repairing a device
				that the Division has rejected, complete the "Affirmation of Repairs" section
				on Form 301 and mail, email or fax the form to the Weights and Measures Section
				within 24 hours of placing the device in service.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-6 - Registration Application; Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A service
				person desiring to register with the Division shall submit a written
				application requesting that he or she be registered, and shall provide all
				information as the Commissioner may require on a form supplied by the Division,
				and shall include the documentation required in section 7 of this
				rule.
6.2. A service agency
				desiring to register with the Division shall submit a written application
				requesting that the agency be registered, and shall provide all information as
				the Commissioner may require on a form supplied by the Division, including the
				documentation required in section 7 of this rule, and a sample security seal
				required in section 8 of this rule.
6.3. Upon receipt of a complete application,
				the Commissioner shall issue a certificate of registration to a service person
				or service agency, which shall identify the specific weights and measures
				devices the person or agency is authorized to service.
6.4. A registered service person shall carry
				his or her certificate of registration at all times when performing any work
				described in subsection 5.3 of this rule.
6.5. A certificate of registration shall
				expire one year from the date of issuance.
6.6. The Division shall provide a renewal
				application to each registered service person or service agency at least 30
				days prior to the certificate of registration's expiration date.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-7 - Calibration and Verification of Standards and Testing Equipment Used by a Service Person or Service Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				registered service person or service agency shall submit documentation with the
				initial registration application and renewal application that each field
				standard or piece of testing equipment used to perform the activities set forth
				in subsection 5.3 are calibrated and verified as to accuracy according to the
				following intervals, or whenever recalibrated:
7.1.a. Pharmacy Weight Kits, 5
				years;
7.1.b. Cast Iron
				Construction Weights ("b" ID number), 2 years;
7.1.c. Coal Load Out Weights greater than
				2,000 pounds, 5 years;
7.1.d.
				Liquid Propane Gas Provers, 5 years;
7.1.e. Provers over 200 gallons, 5
				years;
7.1.f. All other weighing
				and measuring devices, 1 year.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-8 - Security Seals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Other than
				an audit trail counter, a service agency or service person shall only use
				security seals that have been approved by the Weights and Measures Section when
				performing any of the work in subsection 5.3 of this rule.
8.2. Other than an audit trail counter, a
				security seal shall clearly identify the service agency by its initials, logo,
				or design.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-9 - Failure to Register

Current through Register Vol. XLI, No. 28, July 12, 2024
A service person or service agency performing any of the
				  activities set forth in subsection 5.3 of this rule without a valid certificate
				  of registration may be subject to civil penalties as set forth in W. Va. Code
				  §
									47-1-22.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-10 - Suspension or Revocation of Certificate of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Commissioner shall have the
				authority to suspend or revoke a certificate of registration for good cause,
				including, but not limited to, the following:
10.1.a. taking unfair advantage of an owner
				of a device;
10.1.b. failure to
				have equipment or standards verified and calibrated as required by section 7 of
				this rule;
10.1.c. failure to use
				adequate testing equipment as required by subsection 5.5 of this
				rule;
10.1.d. failure to adjust
				devices in compliance with the specifications in Handbook 44;
10.1.e. failure to adhere to the examination
				procedures set forth in Handbook 112;
10.1.f. submission of falsified reports,
				documents or information to the Commissioner; or
10.1.g. failure to comply with the
				requirements of the Act or this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-36 - Registration of Weighing and Measuring Devices Used By Businesses In Commercial Transactions › Section 42-36-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs the
				registration of weighing and measuring devices used by businesses in commercial
				transactions, and the issuance of certificates of device
				registration.
1.2. Authority. -- W.
				Va. Code §§
									47-1-3(c) and 47-1-21(d).
1.3. Filing Date. -- April 5, 2023.
1.4. Effective Date. -- April 5,
				2023.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-36 - Registration of Weighing and Measuring Devices Used By Businesses In Commercial Transactions › Section 42-36-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to all businesses that use weighing and
				measuring devices in commercial transactions with the public.
2.2. Enforcement. The enforcement of this
				legislative rule is vested in the West Virginia Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-36 - Registration of Weighing and Measuring Devices Used By Businesses In Commercial Transactions › Section 42-36-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Certificate of device registration"
				means the document issued by the Division to a business upon receipt of a
				complete application.
3.2.
				"Commissioner" means the Commissioner of the Division of Labor and his or her
				authorized representatives.
3.3.
				"Complete application" means an application that includes all the information
				required by the Commissioner on the form supplied by the Division.
3.4. "Device" means any instrument, apparatus
				or piece of equipment that is used in commercial transactions to weigh or
				measure goods or products for sale to the public.
3.5. "Division" means the West Virginia
				Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-36 - Registration of Weighing and Measuring Devices Used By Businesses In Commercial Transactions › Section 42-36-4 - Device Registration Required

Current through Register Vol. XLI, No. 28, July 12, 2024
A business that uses weighing or measuring devices in
				  commercial transactions for the sale of goods or products to the public shall
				  register each device with the Division prior to placing the device in service
				  and annually thereafter.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-36 - Registration of Weighing and Measuring Devices Used By Businesses In Commercial Transactions › Section 42-36-5 - Device Registration Application; Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				A business that uses weighing or measuring devices in commercial transactions
				shall submit a written application and provide all information as the
				Commissioner may require on a form supplied by the Division.
5.2. If a business operates in more than one
				commercial location, the business shall submit a separate device registration
				application for each commercial location where weighing or measuring devices
				are used in commercial transactions.
5.3. Upon receipt of a complete application,
				the Commissioner shall issue a certificate of device registration for each
				device registered with the Division.
5.4. A certificate of device registration
				shall expire one year from the date of issuance.
5.5. The Division shall provide a renewal
				application to each business that has registered weighing and measuring devices
				at least 30 days prior to the certificate of device registration's expiration
				date.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-36 - Registration of Weighing and Measuring Devices Used By Businesses In Commercial Transactions › Section 42-36-6 - Failure to Register; Expired Certificate of Device Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
A business that fails to register its weighing and measuring
				  devices that are used in commercial transactions for the sale of goods or
				  products to the public or has an expired certificate of device registration may
				  be subject to civil penalties as set forth in W. Va. Code
				  §
									47-1-22.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Section 42-37-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule establishes procedures for the efficient collection of data from employers
				and public authorities, procedures used by WorkForce West Virginia in issuing a
				waiver as prescribed in W. Va. Code §
									21-1C-4,
				procedures for the collection of penalties prescribed in W. Va. Code §
									21-1C-6,
				procedures for conducting inspections and investigations of public improvement
				projects for compliance with the Jobs Act, and procedures for the transmittal
				of data to the Joint Legislative Committee on Government and Finance.
1.2. Authority. -- W. Va. Code §
									21-1C-5(e).
1.3. Filing Date. -- July 31, 2018.
1.4. Effective Date. -- August 31,
				2018.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Section 42-37-3 - Responsibilities of Public Authorities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A public authority that solicits bids
				for a public improvement and construction project subject to the Act shall
				include the following statements and information in the bid package:
3.1.a. Specification of the employer's
				responsibilities under the Act;
3.1.b. The employer's responsibility to
				submit weekly certified payroll records and waiver certificates, if any, to the
				public authority; and
3.1.c.
				Specification of credentials required to work on the construction project,
				including the employer's WV Contractor License number and
				classifications.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Section 42-37-4 - Responsibilities of Employers; Calculation of the 75% Local Labor Market Requirement; Procedures for Submitting a Job Order to WorkForce; Issuance of a Waiver by WorkForce

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				An employer shall employ at least 75% of employees from the local labor market,
				with 2 employees permitted from outside the local labor market.
4.2. An example of how to calculate the
				number of employees needed to meet the 75% local labor market requirement when
				there are no waivers issued by WorkForce West Virginia is as follows:
4.2.a. The employer has 10 employees working
				on the project, excluding salaried supervisory personnel;
4.2.b.10 employees minus 2 employees
				permissible from outside the local labor market = 8 employees subject to the
				75% requirement calculation;
4.2.c.
				8 employees x .75 = 6 employees that must be from the local labor market to
				comply with the Act.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Section 42-37-5 - Inspection and Investigation by the Division

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commissioner may conduct routine
				inspections of any public improvement construction project to determine
				compliance with the Act.
5.2. A
				public authority and all employers engaged in the construction of a public
				improvement shall make employee and payroll records available to the
				Commissioner for inspection and investigation as he or she deems necessary and
				appropriate to determine compliance with the Act.
5.3. Upon receipt a written complaint
				alleging violations of the Act, the Commissioner shall investigate to determine
				the validity of the complaint.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Section 42-37-6 - Notice to Employer of Violation of the Act; Notice to Employer of Penalty; Payment of Penalty; Informal Presentation of Views

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If, after inspection or investigation,
				the Commissioner determines that an employer has violated the Act and is no
				longer working on the public improvement project, he or she shall provide a
				written notice of penalty to the employer and the public authority, setting
				forth the number of violations, and the amount of the penalty being imposed.
6.1.a. The employer shall pay the penalty
				within 10 days of receipt of the notice of penalty.
6.1.b. If the employer fails to pay the
				penalty within 10 days of receipt of the notice of penalty, the Commissioner
				shall direct the public authority to withhold final payment to the employer
				until the employer has paid the penalty or the matter has been otherwise
				resolved.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Section 42-37-7 - Annual Report to the Joint Legislative Committee on Government and Finance

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division shall compile the following information, and
				  submit it annually to the Joint Committee on Government and Finance by October
				  15th:
7.1.
				The name of the public authority;
7.2. The name of the project, the project's
				start and completion dates, and the project location;
7.3. The number of the Division's inspections
				or investigations;
7.4.The number
				of qualified applicants referred to the employer by WorkForce WV and the number
				of employees the employer reported hired to WorkForce;
7.5.The number of waiver certificates issued
				by WorkForce WV;
7.6.Whether the
				employer's payroll records complied with the requirements of the Act;
				and
7.7.The number of violations
				and the amount of penalties collected.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Appendix - LIST OF LOCAL LABOR MARKET COUNTIES AND AREAS WITHIN 50 MILES OF THE WEST VIRGINIA BORDER

Current through Register Vol. XLI, No. 28, July 12, 2024
DISTRICT OF COLUMBIA
KENTUCKY
Bath
Boyd
Breathitt
Carter
Elliott
Fleming
Floyd
Greenup
Johnson
Knott
Lawrence
Letcher
Lewis
Magoffin
Martin
Menifee
Morgan
Perry
Pike
Rowan
Wolfe
MARYLAND
Allegany
Anne Arundel
Baltimore
Carroll
Charles
Frederick
Garrett
Howard
Montgomery
Prince George's
Washington
NORTH CAROLINA
Alleghany
Ashe
Surry
OHIO
Adams
Athens
Belmont
Carroll
Columbiana
Coshocton
Fairfield
Gallia
Guernsey
Harrison
Hocking
Jackson
Jefferson
Lawrence
Mahoning
Meigs
Monroe
Morgan
Muskingum
Noble
Perry
Pickaway
Pike
Portage
Ross
Scioto
Stark
Summit
Trumbull
Tuscarawas
Vinton
Washington
PENNSYLVANIA
Adams
Allegheny
Armstrong
Beaver
Bedford
PENNSYLVANIA, continued
Blair
Butler
Cambria
Cumberland
Fayette
Franklin
Fulton
Greene
Huntingdon
Indiana
Juniata
Lawrence
Mercer
Perry
Somerset
Venango
Washington
Westmoreland
York
TENNESSEE
Johnson
Sullivan
VIRGINIA
Albemarle
Alleghany
Amherst
Augusta
Bath
Bedford
Bland
Botetourt
Buchanan
Carroll
Clarke
Craig
Culpeper
Dickenson
Fairfax
Fauquier
Floyd
Franklin
Frederick
Giles
VIRGINIA, continued
Grayson
Greene
Henry
Highland
Lee
Loudoun
Madison
Montgomery
Nelson
Orange
Page
Patrick
Prince William
Pulaski
Rappahannock
Roanoke
Rockbridge
Rockingham
Russell
Scott
Shenandoah
Smyth
Stafford
Tazewell
Warren
Washington
Wise
Wythe
WEST VIRGINIA
All counties
West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Every
			  contract to which the State of West
			  Virginia, or any political subdivision
			  thereof, or any authority created by
			  the Legislature of the State of West
			  Virginia, including any officer, board
			  or commission or agency of the State
			  of West Virginia, is a party, for
			  construction, reconstruction,
			  demolition, improvement, enlargement,
			  painting, decoration, alteration
			  and/or repair work (other than
			  temporary or emergency repairs) which
			  requires or involves the employment by
			  any contractor or subcontractor of
			  laborers, mechanics, skilled and
			  semiskilled laborers and apprentices,
			  in the performances of services
			  directly upon the public work project
			  must include in its specifications a
			  provision stating the Fair Minimum
			  Wage Rates as determined by the
			  Commissioner of Labor, which shall be
			  paid for each craft or classification
			  of all workmen needed to perform the
			  contract in the locality in which the
			  public work is performed.
Every person paid by
			  a contractor or a subcontractor in the
			  manner prescribed by article five,
			  chapter twenty-one of the Code of West
			  Virginia, for his labor in the
			  construction, reconstruction,
			  demolition, alteration and/or repair
			  work (other than temporary or
			  emergency repairs) done under a bona
			  fide rehabilitation program or a bona
			  fide manpower training program is
			  "Employed" and "Receiving
			  Wages."
Work performed under
			  a bona fide rehabilitation program
			  arranged by and at a state institution
			  primarily for teaching and upgrading
			  the skills and employment
			  opportunities of the inmates of such
			  institutions is not to be considered
			  public work performed by a public body
			  as defined in the Act and these
			  regulations.
1.2. Authority. --
			  W. Va. Code ''21-5A et. seq. and
			  21-5.
1.3. Filing Date. --
			  December 29, 1982.
1.4. Effective Date.
			  -- January 1,
			  1983.
West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-4 - Duty Of The Public Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Any public
			  authority authorized to let to
			  contract the construction of a public
			  improvement, shall before advertising
			  for bids for construction thereof, the
			  Fair Minimum Rates of Wages to be paid
			  by the successful bidder to the
			  workmen in the various categories,
			  branches or classes of the
			  construction to be performed; and such
			  schedule of wages shall be attached to
			  and made a part of the specifications
			  for the construction and shall be
			  printed on the bidding blanks.
(b) The public
			  authority shall submit a certified
			  statement to the Commissioner when the
			  contract is awarded to the effect that
			  wage schedules had been attached to
			  specifications and bidding blanks and
			  made a part of the contract. This
			  certification shall also include a
			  statement of the cost, the name of the
			  contractor, the starting date of the
			  project and estimated time for
			  completion.
(c) The final
			  payment to the contractor shall be
			  withheld until such time as the public
			  authority, who is charged with the
			  disbursement of the funds has
			  ascertained and so certified to the
			  Commissioner that the wage rates as
			  determined by the Commissioner are
			  paid. Further, final payment shall be
			  withheld if the Commissioner notifies
			  public authority that the contractor
			  is in violation of the Act or these
			  regulations.
West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-6 - Posting Of Wage Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
The contractors and subcontractor(s) on the public work project shall post, in a prominent and easily accessible place, a clearly legible statement of all fair minimum wage rates to be paid the several classes of workmen employed on the public improvement.
West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-7 - Records And Inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) The contractor
			  and each subcontractor or the officer
			  of the public authority in charge of
			  the construction of a public
			  improvement shall keep an accurate
			  record.
There is no
			  mandatory format, however, all
			  payrolls must contain the following
			  information:
(1) The employee's
			  full name, address and social security
			  number. (This is necessary on the
			  first payroll on which his name
			  appears; thereafter, only his name,
			  unless a change of name or
			  address.);
(2) The employee's
			  classification;
(3) The employee's
			  hourly wage rate, and where
			  applicable, his overtime hourly wage
			  rate;
(4) The daily and
			  weekly hours worked in each
			  classification, including actual
			  overtime hours worked (not
			  adjusted);
(5) The itemized
			  deductions made; and
(6) The net wages
			  paid.
West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-8 - Penalties For Violation Of Act

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Any contractor
			  or subcontractor who willfully and
			  knowingly violates any provision of
			  the Act or these regulations shall be
			  fined not less than fifty dollars
			  ($50.00) nor more than two hundred
			  fifty dollars ($250).
(b) Any workmen, on
			  the public improvement, who is paid
			  less than the posted fair minimum rate
			  of wages, may recover from his
			  employer the difference between the
			  same and the posted rate, plus a
			  penalty equal in amount to such
			  difference and a reasonable attorney's
			  fee or fees. The venue of such action
			  shall be in the county where the work
			  is performed.
(c) It shall be
			  unlawful for any person, for himself
			  or another, to request, demand, or
			  receive, either before or after
			  workmen are employed on a public work
			  project, that they (workmen) pay back,
			  return, donate, contribute or give any
			  part or all of their wages, or thing
			  of value to any person, upon the
			  statement, representation or
			  understanding that failure to comply
			  with such request or demand will
			  prevent them or any one of them from
			  procuring or retaining employment; and
			  any person who directly or indirectly
			  aids, requests or authorizes such a
			  violation shall also be guilty of a
			  misdemeanor and fined not less than
			  fifty dollars ($50.00) nor more than
			  two hundred fifty dollars
			  ($250).
West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
Each section and subsection of the Act and these regulations is hereby declared to be an independent section or subsection, and if any section, subsection, sentence, clause or phrase of the Act or these regulations shall for any reason be held unconstitutional, the validity of the remaining phrases, clauses, sentences, subsections and sections shall not be affected thereby.
West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-10 - Amendments Or Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Any person
			  wishing a revision of any of the terms
			  of the regulations in this part with
			  respect to classifications or any
			  other pertinent facts, may submit to
			  the Commissioner, a written petition
			  setting forth the changes desired and
			  the reasons for proposing them.
(b) The
			  Commissioner, upon inspection of the
			  petition, and believing that the
			  grounds are reasonable, may schedule a
			  hearing with due notice to interested
			  persons or make other provisions for
			  affording interested persons an
			  opportunity to present data, views and
			  arguments relating to any proposed
			  changes.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These legislative rules
				establish requirements governing disbursement of loans and grants to governmental
				agencies for the acquisition or construction of water development
				projects.
1.2. Authority. -- W. Va.
				Code '22C-1-6(1).
1.3. Filing Date.
				-- June 12, 1987.
1.4. Effective
				Date. -- June 12, 1987.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Except where the context indicates otherwise, the following terms as used in these rules shall have the meaning ascribed to them in W. Va. Code 22C-1.
2.1. General definitions.
2.1.1. "Applicant" shall mean either:
(1) Any municipal corporation, county or other
				public body or any combination thereof which is included in the appropriate West
				Virginia priority list, which is consistent with the State's Comprehensive Water
				Management Plan existing or in process by the Division of Environmental
				Protection and which is consistent with the water quality standards set by the
				State Environmental Quality Board; or
(2) the Authority when constructing such
				facilities to service such municipal corporations, counties or other public
				bodies.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-3 - Step I projects - state loans

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Eligibility
				for participation in program.
3.1.1.
				Governmental agencies eligible for participation in program. -- All municipal
				corporations, counties and other public bodies or any combination thereof
				required to construct sewage treatment facilities, interceptor sewers and sewage
				collection systems and the Authority, when constructing such facilities to
				service such municipal corporations, counties or other public bodies, shall be
				eligible to participate in the program.
3.1.2. Application for participation in the
				program. -- Any eligible municipal corporation, county or other public body or
				any combination thereof which desires to participate in the program shall make a
				separate application to the Authority on forms prescribed by the Director of the
				Authority for each project for which such participation is desired.
3.1.3. Determination of priority for
				participation in program. -- The priority for each project for which an
				application is received by the Authority shall be fixed in relation to other
				projects for which applications are received by the Authority on the date which
				the applicant has satisfied the following conditions:
(a) Provided documentation satisfactory to the
				Authority that the project is a sewage treatment facility and/or interceptor
				sewers and/or collection system and that the project has received a commitment
				from the United States of America to make a grant of seventy-five percent (75%)
				of the Title II federal participation costs of the project and that the project
				is consistent with the applicable Comprehensive Plan of Water Management approved
				by the Director of the Division of Environmental Protection or is in the process
				of preparation by such Director and is not inconsistent with the standards set by
				the State Environmental Quality Board for waters of the state affected by the
				project;
(b) Demonstrated to the
				satisfaction of the Authority the capability of the applicant to pay the loan and
				service charge referred to in Section 3.3.1 of these rules; and
(c) Delivered to the Authority an agreement for
				the repayment of the loan and service charge of the project between the applicant
				and constituents, where appropriate, and the Authority which is consistent with
				Sections 3.3.1 and 3.4.1 of these rules, which has been authorized and approved
				by the legislative authority or authorities of the applicant and which has been
				executed by the applicant.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-4 - Step II projects - state loans

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Eligibility
				for participation in program.
4.1.1.
				Governmental agencies eligible for participation in program. -- All municipal
				corporations, counties and other public bodies or any combination thereof
				required to construct sewage treatment facilities, interceptor sewers and sewage
				collection systems and the Authority, when constructing such facilities to
				service such municipal corporation, counties or other public bodies, shall be
				eligible to participate in the program.
4.1.2. Application for participation in the
				program. -- Any eligible municipal corporation, county or other public body or
				any combination thereof which desires to participate in the program shall make a
				separate application to the Authority on forms prescribed by the Director of the
				Authority for each project for which such participation is desired.
4.1.3. Determination of priority for
				participation in program. -- The priority for each project for which an
				application is received by the Authority shall be fixed in relation to other
				projects for which applications are received by the Authority on the date which
				the applicant has satisfied the following conditions:
(a) Provided documentation satisfactory to the
				Authority that the project is a sewage treatment facility and/or interceptor
				sewers and/or collection system and that the project has received a commitment
				from the United States of America to make a grant of seventy-five percent (75%)
				of the Title II federal participation costs of the project and that the project
				is consistent with the applicable Comprehensive Plan of Water Management approved
				by the Director of the Division of Environmental Protection or is in the process
				of preparation by such Director and is not inconsistent with the standards set by
				the State Environmental Quality Board for waters of the state affected by the
				project;
(b) Demonstrated to the
				satisfaction of the Authority the capability of the applicant to pay the loan and
				service charge referred to in Section 4.3.1 of these rules; and
(c) Delivered to the Authority an agreement for
				the repayment of the loan and service charge of the project between the applicant
				and constituents, where appropriate, and the Authority which is consistent with
				Sections 4.3.1 and 4.4.1 of these rules, which has been authorized by the
				legislative authority or authorities of the applicant and which has been executed
				by the applicant.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-7 - PL-660 Projects - state grants

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Eligibility
				for participation in program.
7.1.1.
				Governmental agencies eligible for participation in program. -- All municipal
				corporations, counties and other public bodies or any combination thereof not
				having but required to construct sewage treatment facilities, interceptor sewers
				and sewage collection systems and the Authority, when constructing such
				facilities to service such municipal corporations, counties or other public
				bodies, shall be eligible to participate in the program.
7.1.2. Application for participation in
				program. -- Any eligible municipal corporation, county or other public body or
				any combination thereof that desires to participate in the program shall make a
				separate application to the Authority on forms prescribed by the Director of the
				Authority for each project for which such participation is desired.
7.1.3. Determination of priority for
				participation in program. -- The priority for each project for which an
				application is received by the Authority shall be fixed in relation to other
				projects for which applications are received by the Authority on the date which
				the applicant has satisfied the following conditions:
(a) Provided documentation satisfactory to the
				Authority that the project is a sewage treatment facility and/or interceptor
				sewers and/or collection system and that the project has received a commitment
				from the United States of America under PL-660 and that the project is consistent
				with the applicable Comprehensive Plan of Water Management approved by the
				Director of the Division of Environmental Protection or is in the process of
				preparation by such Director and is not inconsistent with the standards set by
				the State Environmental Quality Board for waters of the state affected by the
				project;
(b) Demonstrated to the
				satisfaction of the Authority the intent and capability of the applicant to
				proceed promptly with the consummation of the project upon receipt of the state
				grant and arrangement for such other financing as may be necessary;
(c) Delivered to the Authority an agreement for
				the construction, maintenance and operation of the project between the applicant
				and the Authority which is consistent with Section 7.5.1 of these rules, which
				has been authorized and approved by the legislative authority or authorities of
				the applicant and which has been executed by the applicant; and
(d) Provided certification that detailed plans,
				profiles, cross sections, estimates, specifications and such other necessary
				information have been approved by all legally required agencies.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-10 - Financing water development projects by issuance of revenue bonds in conjunction with the small business administration guarantee of lease between Authority and small business concern

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Purpose and
				objectives.
These rules are promulgated for the purpose of setting forth
				  the procedures by which the Authority shall finance water development projects to
				  be leased to eligible credit-worthy small business concerns in West Virginia by
				  the Authority's issuing its water development revenue bonds which will be paid
				  from lease payments made by such small business concerns. The financing afforded
				  pursuant to this Section 10 is available only in conjunction with a one hundred
				  percent (100%) guaranty by the small business administration of the periodic
				  payments to be made by a small business concern under such lease.
10.2. Definitions applicable to this
				section.
10.2.1. The "Act" means W. Va. Code
				'22C-1.
10.2.2. The "Authority" means
				the West Virginia Water Development Authority.
10.2.3. "Applicant" means an entity which
				applies for financing pursuant to the provisions of this Section 10.
10.2.4. "Water Development Project" has the
				meaning ascribed to it in the Act.
10.2.5. "Bonds" mean the water development
				revenue bonds issued by the Authority to provide financing for water development
				projects under this Section 10.
10.2.6. "Lease" means an agreement entered into
				between the Authority and an applicant pertaining to a water development project
				and as more particularly described in Section 10.4 of these rules.
10.2.7. "SBA" means the Small Business
				Administration of the United States.
10.2.8. "SBA Regulations" mean regulations
				issued by the SBA from time to time respecting SBA pollution control financing
				guarantees including Part III of Title 13 of the Code of Federal
				Regulations.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-02 - Requirements governing disbursement Of loans And grants To governmental agencies For The acquisition Or construction Of water development projects › Section 44-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These legislative rules
				establish requirements governing disbursement of loans and grants to governmental
				agencies for the acquisition or construction of water development
				projects.
1.2. Authority. -- W. Va.
				Code '22C-1-6(1).
1.3. Filing Date.
				-- June 13, 1985.
1.4. Effective
				Date. -- July 1, 1985.
West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-02 - Requirements governing disbursement Of loans And grants To governmental agencies For The acquisition Or construction Of water development projects › Section 44-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Except where the context indicates otherwise, the following terms as used in these rules shall have the meanings ascribed to them in W. Va. Code '22C-1.
2.1. General definitions.
2.1.1. The "Act" means W. Va. Code
				'22C-1.
2.1.2. The "Authority" means
				the West Virginia Water Development Authority, as provided for by W. Va. Code
				'22C-1.
2.1.3. "Applicant" means a
				governmental agency which applies for a loan or grant pursuant to the provisions
				of Section 3 or Section 4 of these rules.
2.1.4. The terms "Cost," "Governmental Agency"
				and "Water Development Project" as used in Section 3 and Section 4 of these
				rules, shall have the meanings ascribed to them in the Act.
2.1.5. "Grant" means a grant made by the
				Authority to an applicant pursuant to Section 3 of these rules.
2.1.6. "Grant Agreement" means an agreement
				entered into between the Authority and the applicant pertaining to a grant and as
				more particularly described in Section 3.6 of these rules.
2.1.7. "Loan" means a loan made by the
				Authority to an applicant pursuant to Section 4 of these rules.
2.1.8. "Loan Agreement" means an agreement
				entered into between the Authority and the applicant pertaining to a loan and as
				more particularly described in Section 4.7 of these rules.