reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-28 - West Virginia Engineering, Science and Technology Scholarship Program › Section 133-28-10 - Deferment Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1 In addition to
				the deferment conditions established in W. Va. Code §
									18C-6-5, a recipient may be
				eligible for deferment of the repayment obligation based on extenuating
				circumstances, including disability, unemployment, or other economic hardship;
Provided
, That any such deferment granted by the Vice
				Chancellor shall be limited to no more than two years. The recipient's request
				for deferment shall be accompanied by documentation of the extenuating
				circumstance sufficient to show the nature and extent of the circumstance.
10.1.1. If the Vice Chancellor approves the
				deferment request, the recipient may defer making scheduled installment
				payments and shall not be liable for any interest that might otherwise accrue
				during the approved deferment period.
10.1.2. In the event of noncompliance with
				the deferment terms, the recipient shall repay the full scholarship award to
				the Higher Education Policy Commission within 60 days from the date of
				noncompliance.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-28 - West Virginia Engineering, Science and Technology Scholarship Program › Section 133-28-11 - Cancellation of Obligation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A recipient's
				service and monetary obligation is excused in the event the recipient:
11.1.1. Becomes permanently and totally
				disabled as established by sworn affidavit of a physician qualified to make
				such a determination.
11.1.2. Is
				deceased. The administrator or executor of the decedent's estate shall submit
				copy of the death certificate to the Vice Chancellor in order to cancel the
				obligation.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-28 - West Virginia Engineering, Science and Technology Scholarship Program › Section 133-28-12 - Appeal Process

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1 An applicant
				or institution may appeal in writing to the Vice Chancellor the denial of an
				application for an initial award or renewal award within 15 days of receiving
				notification of the decision. The Vice Chancellor shall issue a written
				decision upholding or reversing the initial decision within 15 days of receipt
				of the appeal. The decision of the Vice Chancellor is final.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-28 - West Virginia Engineering, Science and Technology Scholarship Program › Section 133-28-13 - Collections

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Institutions and the Vice Chancellor shall exercise due diligence in collecting
				monetary repayments from scholarship recipients.
13.2. Institutional due diligence means
				conducting and documenting an exit interview with the scholarship recipient in
				which the institution provides the recipient with information necessary to
				carry out the terms of repayment, reminds the recipient of the rights and
				responsibilities associated with the scholarship funds, updates the recipient's
				personal information to assist in locating the recipient if he or she fails to
				keep the institution or the Vice Chancellor informed of his or her current
				address, and notifying the Vice Chancellor in writing of a recipient's
				separation date.
13.3. Vice
				Chancellor due diligence means:
13.3.1.
				Conducting and documenting an entrance interview with the scholarship recipient
				before disbursing funds in an academic year.
13.3.2. Notifying the scholarship recipient
				of his or her obligations at least twice annually during any grace or deferment
				period.
13.3.3. Performing regular
				billing.
13.3.4. Following up past
				due payments with a series of at least four documented and reasonably spaced
				attempts to contact the recipient using his or her last known contact
				information before the obligation becomes 120 days past due.
13.3.5. Performing searches for addresses and
				other contact information when necessary.
13.3.6. Referring defaulted scholarships more
				than 120 days past due to the Secretary of the Department of Administration or
				to a collection agent for collection of a claim due to the State in accordance
				with W. Va. Code §
										14-1-1, et seq.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
1.1.1. This rule implements the guidelines
				and procedures concerning management of in-state, out-of-state and
				international travel, hereinafter referred to as "travel," and for
				reimbursement of expenses to members of the institutional Boards of Governors,
				hereinafter referred to as the "Governing Boards" and/or "Board," members of
				the West Virginia Higher Education Policy Commission, hereinafter referred to
				as "Commission," the employees of the Governing Boards and Commission , and
				other non-employees traveling on behalf of the Governing Boards or the
				Commission.
1.1.2. Consultants and
				contractors are not required to use these rules and regulations, at the
				Governing Board's or Commission's option.
1.1.3. Reimbursement of travel expenses paid
				from federal, state and private grants shall be governed by the terms and
				conditions of the grant if they differ from those contained in this rule;
				otherwise, this rule shall govern such reimbursement.
1.1.4. As used in this rule, all terms have
				the same meaning as provided in W. Va. Code §
										18B-1-2. For the
				purposes of this rule, the Commission Office and West Virginia Network for
				Educational Telecomputing (WVNET) shall be considered institutions.
1.1.5. Each Governing Board shall promulgate
				travel rules, policies and procedures for managing travel at its institution(s)
				consistent with this rule, state and federal laws, and Internal Revenue Service
				(IRS) regulations.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-2 - Provisions Applicable Only to the Commission and the Governing Boards

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Commission
				and the Governing Boards may authorize payment for the traveling expenses
				incurred by any person, and her or his spouse when appropriate, who is invited
				to visit the campus of any institution of higher education, or any other
				facility under the control of the Commission or Governing Board, to be
				interviewed concerning her or his possible employment by the Commission or
				Governing Board or agent thereof. Authorization for such payment shall be given
				by the Commission and/or Chancellor, or the Governing Board and/or
				institutional president, or other administrative head of an
				institution.
2.2. Payment may be
				authorized for:
(1) all or part of the
				reasonable expenses incurred by a person newly employed by the Commission or
				Governing Board in moving such employee's household furniture, effects and
				immediate family to the employee's place of employment; and
(2) all or part of the reasonable expenses
				incurred by an employee in moving her or his household furniture, effects and
				immediate family as the result of reassignment of the employee which is
				considered desirable, advantageous to and in the best interest of the
				Commission or Governing Board; provided, that no part of the moving expenses of
				an employee shall be paid more frequently than once in twelve months.
				Authorization for such payment shall be given by the Commission and/or
				Chancellor, or the Governing Board and/or institutional president or other
				administrative head of an institution.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-3 - Delegation of Authority and Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Authority to manage, approve or
				disapprove travel and travel related expenses is delegated to the Chancellor
				for and on behalf of the Commission, and to the Governing Boards for and on
				behalf of their respective institution(s). A Governing Board may delegate
				authority to the president and/or other administrative head of an institution,
				hereinafter called the "Chief Executive Officer" to manage, approve or
				disapprove travel and travel related expenses at their institution. Such
				delegated authority shall be made by resolution of the Board and may also be
				revoked or modified by the Board.
3.2. The Chancellor or Chief Executive
				Officer may also delegate authority to others within her or his respective
				institution(s) to act as her or his designee(s) for authorizing and approving
				travel and travel related expenses. All such authorizations and approvals shall
				be made in accordance with the provisions of this rule.
3.3. Travel may be authorized only for
				official business and only if the institution has the financial resources to
				reimburse the traveler for travel expenses.
3.4. The Chancellor and Chief Executive
				Officer shall develop policies and procedures for her or his institution,
				consistent with this rule, to provide additional guidance to employees and
				others traveling on behalf of the institution.
3.5. The responsibility to audit a traveler's
				expense account settlement lies with the institution. Approval of a traveler's
				expense account settlement by the institution means that the expense settlement
				meets all criteria established for reimbursement. The institution shall audit
				and submit an accurate expense account settlement for reimbursement to the
				State Auditor's Office within a reasonable amount of time after receiving such
				settlement from the traveler.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-4 - Travel Regulations Applicable to Employees, Commission and Governing Board Members, and Non-Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Employees
4.1.1. Approval to travel shall be secured in
				advance by the employee in accordance with this rule and the policies and
				procedures of the institution.
4.1.2. Employees are responsible for
				submitting a travel expense account settlement form, with all required receipts
				and attachments, to her or his institution within a reasonable amount of time
				after the last day of travel, as defined by the institution, in order to
				qualify for reimbursement of expenses or for payment.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-5 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Air
				Transportation
5.1.1. Commercial Airlines
5.1.1.1. Reimbursement for commercial airline
				travel shall include the actual expense or cost of the least expensive logical
				fare via the most direct route, or a reasonable alternative route if it results
				in lower fare. Travelers may not specify a particular airline in order to
				accumulate mileage or promotional plans, such as frequent flyer programs, if it
				results in a higher airfare.
5.1.1.2. Travelers are expected to make
				advance bookings through a contracted travel service vendor or as otherwise
				approved by the institution to secure the least expensive airfare possible.
				Reimbursement may be made to the traveler in advance for airfare purchased up
				to 180 days before the trip begins.
5.1.1.3. In order to receive reimbursement,
				the traveler must submit the "passenger coupon" or certified copy of the
				commercial airline ticket. Refundable or unused airline tickets shall be
				returned immediately.
5.1.1.4.
				Commercial airline tickets may be direct billed to the institution and paid in
				advance of the travel if allowed by the institution's policies and
				procedures.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-6 - Lodging

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Reimbursement
				for lodging shall include actual expenses for overnight accommodations, use of
				a room during daytime, and all applicable taxes and surcharges. Reservations
				for lodging shall be made according to the institution's policies and
				procedures. Lodging receipts are required for reimbursement.
6.2. Lodging may be direct billed if allowed
				by the institution's policies and procedures; however, the traveler must attach
				a copy of the lodging invoice or other proof of lodging to the traveler's final
				expense account settlement.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-7 - Meals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Meal expense
				reimbursement shall be made in accordance with the institution's policies and
				procedures and is limited to actual expenses for food, service and gratuities
				up to the applicable maximum daily rate authorized by the Commission or
				Governing Board. Specifically excluded are alcoholic beverages and
				entertainment expenses.
7.2.
				Receipts are not required for meal reimbursement.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-8 - Registration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Fees or
				charges for attendance at conferences, meetings, seminars, and/or workshops, as
				well as event related materials, are reimbursable expenses to the traveler and
				shall be made according to the institution's policies and procedures.
				Registration fees may also be direct billed to the institution when
				feasible.
8.2. Receipts are
				required for reimbursement. The receipt/documentation provided by the event
				sponsor shall be sufficient for reimbursement.
8.3. The traveler shall not receive an
				allowance or reimbursement for lodging or food that is included in registration
				fees.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-9 - Other Expenses

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Travelers may incur other business related expenses for which reimbursement may
				be made if appropriate. Receipts are not required unless reimbursement is in
				excess of current Internal Revenue Service limits for miscellaneous expenses,
				or unless otherwise required by the institution. Such expenses and
				reimbursement may include, but are not limited to:
a. Baggage handling and gratuities when using
				public transportation or conveniences (i.e., taxi, limousine, air porter
				services, or airport/rail curbside check-in), or when using a lodging facility
				that has porterage (i.e., "bell person") services rather than a facility where
				the traveler is expected to carry her or his own luggage;
b. Baggage storage between appointments, and
				between hotels and meeting places;
c. Tolls, garage and parking fees, including
				gratuities;
d. Communication
				expenses such as:
(1) local calls which may
				include a surcharge;
(2) long
				distance calls which may include toll charges and surcharges;
(3) surcharges for long distance calls when
				the toll charges are direct billed;
(4) cellular telephone charges; and
(5) facsimiles, cablegrams, or
				telegrams which may include toll charges, surcharges, or delivery
				charges.
e. Currency
				conversion;
f. Guides,
				interpreters, and visa fees; and
g.
				Trips involving multiple days of travel or for single day travel where the
				traveler is unexpectedly delayed for business reasons, the traveler may be
				reimbursed for one personal telephone call home per day. Reimbursement shall be
				made at actual cost, not to exceed the maximum amount established by the
				Governing board, provided the call is not charged to the telecommunications
				card issued by the state or the Governing board.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-10 - Form of Payment for Business Travel

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Corporate Charge Card or Credit Card:
				Travelers should use the corporate charge card issued by the State of West
				Virginia for business related travel expenses, or a higher education corporate
				charge card if available.
10.2.
				Cash Advances from the State Auditor's Office: Cash advances for official
				travel may be requested from the State Auditor's Office according to the
				procedures established by the Auditor for employee and student travel, and for
				group travel such as bands, athletic teams and organized student groups. The
				Governing Boards shall establish policies and procedures for requesting and
				settling cash advances with the Auditor.
10.3. Cash Advances from an Automatic Teller
				Machine (ATM) using the State Corporate Credit Card:
10.3.1. Employees may secure a cash advance
				for business travel expenses only. Cash advances are not permitted for personal
				purposes.
10.3.2. A cash advance
				for either in-state or out-of-state travel is permissible when an employee
				travels a minimum of two (2) consecutive days on official business. The
				preferred method of obtaining a cash advance is to use the state corporate
				credit card at an ATM. Cash advances and ATM transaction fee reimbursements are
				limited to the amount and number authorized by the Commission. Receipt(s) from
				the ATM are required for reimbursement of the ATM transaction fee.
10.3.3. For employees ineligible to receive a
				state corporate credit card or those who have applied and have not yet received
				their card, the cash advance procedure in Paragraph 10.2 shall apply.
10.3.4. Each institution shall adopt and
				actively pursue policies and procedures to manage and minimize credit losses by
				employees using the corporate charge card.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-11 - Reimbursement Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				form(s) used for reimbursement of travel expenses shall be those promulgated by
				the Chancellor.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-29 - Travel › Section 133-29-12 - Other Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				According to the West Virginia Ethics Commission, frequent flier miles, hotel
				bonus points or other travel incentives resulting from official business travel
				may be used only for future official travel.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-- This
				joint rule establishes rules and policies governing and controlling purchase,
				acquisition and inventory management of materials, supplies, equipment,
				services, and printing, and disposal of obsolete and surplus materials,
				supplies, and equipment by the West Virginia Higher Education Policy
				Commission, created pursuant to West Virginia Code §
									18B-1B-1
				and hereinafter referred to as the "Commission", the West Virginia Council for
				Community and Technical College Education, created pursuant to West Virginia
				Code §
									18B-2B-3
				and hereinafter referred to as the "Council" and the institutional boards of
				governors, created pursuant to West Virginia Code §
									18B-2A-1
				and hereinafter referred to as the "Governing Boards."
1.2. Authority. -- West Virginia Code §
									18B-1-6, §
									18B-5-4
				through §
									18B-5-9.
1.3. Filing Date. -- August 23,
				2016.
1.4. Effective Date. --
				September 23, 2016.
1.5.
				Modification of Existing Rule. Title133, Series 30, Procedural Rule of the West
				Virginia Higher Education Policy Commission dated January 21, 2005.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This
				procedural rule applies to all institutions as defined in Section 2 of this
				rule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-4 - Authority of the Commission and Council

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Pursuant to West Virginia Code §
									18B-5-4,
				the Commission and Council shall jointly adopt rules governing and controlling
				acquisitions, purchases and inventory management of materials, supplies,
				equipment, services, construction, and printing, and the disposal of obsolete
				and surplus materials, supplies, and equipment.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-5 - Authority and Duties of the Vice Chancellor for Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Vice
				Chancellor for Administration shall, in the name of the Commission and Council,
				have the authority and duty to:
5.1.a.
				Administer and oversee the purchasing system of the Commission, Council and
				Governing Boards;
5.1.b. Recommend
				to the Commission and Council additional rules or modifications to this rule as
				may be required for efficient and cost effective management of purchases,
				inventorying of materials, supplies, and equipment and disposal of obsolete and
				surplus materials, supplies, and equipment;
5.1.c. Develop administrative manuals,
				guidelines, procedures, and forms which shall be followed by the institutions
				for purchase, acquisition and inventory management, and disposal of obsolete
				and surplus materials, supplies, and equipment;
5.1.d. Provide for a periodic audit of the
				institutions for compliance with the rules and policies that have been adopted
				by the Commission and Council and the administrative manuals, guidelines,
				procedures and forms developed by the Vice Chancellor for
				Administration;
5.1.e. If
				requested, provide assistance to one or more institutions in the purchase,
				acquisition and inventory management of materials, supplies, equipment,
				services, construction and printing, and in disposal of obsolete or surplus
				materials, supplies and equipment; and
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-6 - Delegation of Purchasing Authority and Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commission, Council and each
				Governing Board, through the Vice Chancellor of Administration, or as may be
				delegated by him or her, shall purchase or acquire materials, supplies,
				equipment, services, construction and printing as required by that Governing
				Board or the Commission and Council, as appropriate, and the institution(s)
				under their jurisdiction. Each Governing Board shall have fiduciary
				responsibility to ensure that purchases and acquisitions are made within the
				limits of available appropriations and funds in accordance with applicable
				provisions of West Virginia Code §
									5A-2-1
				et seq., and for the inventory of materials, supplies and equipment and for
				disposal of obsolete or surplus materials, supplies and equipment as required
				by the institution(s) under their jurisdiction.
6.2. In order to assist the Governing Board
				in carrying out its duties, obligations and responsibilities under this rule,
				the Board may, by resolution of the Board, delegate authority to the
				institution's president who shall have overall control and management of the
				institution's purchases, inventory, and disposal of obsolete or surplus
				materials, supplies and equipment as required by that institution. The
				president shall appoint a chief procurement officer to assist the president in
				carrying out the duties, obligations and remedies imposed by the Governing
				Board and this rule. This appointment shall be made in writing and filed with
				the Vice Chancellor for Administration, the State Auditor and the Attorney
				General.
6.3. Unless otherwise
				stated in writing by the president, the chief procurement officer shall have
				full authority to act as the designee of the president for purchase,
				acquisition, receipt of and inventory management of all materials, supplies,
				equipment, services, construction, and printing, and for disposal of obsolete
				or surplus materials, supplies, and equipment as may be required by the
				institution.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-8 - Purchase or Acquisition of Materials, Supplies, Equipment, Services, and Printing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Unless
				otherwise authorized by law, all purchases or acquisitions of materials,
				supplies, equipment, services, and printing shall be awarded by competitive
				bidding, except as provided in the following paragraphs of this rule:
8.1.a. Purchases not exceeding
				$50,000;
8.1.b. Competitive sealed
				proposals;
8.1.c. Competitive
				selection procedures for professional services;
8.1.d. Sole source and single source
				procurement;
8.1.e. Emergency
				procurement;
8.1.f. Open end and
				federal contracts; and
8.1.g.
				Essential services.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-9 - Protests and Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Protests and requests for
				reconsideration of a decision made by a chief procurement officer or the
				director of procurement may only be made by a person and/or vendor who is a
				potential or actual bidder on that particular contract and/or
				purchase.
9.2. Protests.
9.2.a. Protests based on specifications or
				improprieties in any type of solicitation which are apparent or should have
				been apparent prior to the bid or proposal opening or closing date must be
				filed not later than five calendar days prior to the bid or proposal opening or
				closing date. A protest of the award must be filed no later than five calendar
				days following the notice of the institution's intent to award the contract as
				posted or otherwise made available in the institution's purchasing office for
				competitive transactions greater than $50,000. Protests filed prior to five
				calendar days following the notice of intent to award shall be resolved in
				accordance with this rule before an award is made. Information regarding awards
				may be obtained from the institution's purchasing office, and a vendor
				contemplating a protest has a duty to obtain this information in a timely
				manner.
9.2.b. The protest must be
				filed in writing with the chief procurement officer or director of procurement
				and contain the name and address of the protestor, the requisition number of
				the bid or the purchase order number, a statement of the grounds for protest
				and supporting documentation, the relief sought, and if a hearing on the merits
				of the protest is requested.
9.2.c.
				The chief procurement officer or director of procurement shall review the
				protest and issue a decision in writing. In the event a hearing on the merits
				of the protest is requested by the protestor, the chief procurement officer or
				director of procurement shall set a time and place for the hearing. The hearing
				shall be recorded and an official record shall be prepared. Following the
				hearing, the chief procurement officer or the director of procurement shall
				issue a written decision.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-10 - Suspension and Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Suspension.
10.1.a. The chief procurement officer or
				director of procurement shall have authority to suspend, for a period not
				exceeding one year, the right and privilege of a person to bid on purchases of
				the institution.
10.1.b. The
				following shall be considered adequate grounds for suspension of a vendor:
(a) a vendor has exhibited a pattern of poor
				performance in fulfilling its contractual obligation(s) including, but not
				limited to, providing or furnishing commodities, materials, services or
				construction late, or at a quantity or quality level below that which is
				specified in the contract, or repeated instances of poor performance; or
(b) the vendor has breached any
				contract entered into pursuant to the provisions of West Virginia Code §
											18B-5-4
				through §
											18B-5-9
				or this rule, or the vendor has been convicted of any federal or state law
				punishable as a felony if such conviction is directly related to the
				performance of a contract entered into pursuant to West Virginia Code §
											18B-5-4
				through §
											18B-5-9
				or this rule. Any such suspension must be imposed within one year of the date
				of the act, omission, or conviction the suspension is based upon, or within one
				year of the chief procurement officer's discovery of such act, omission, or
				conviction.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-11 - Qualifications of a Buyer and a Chief Procurement Officer

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Buyer.
11.1.a. No person shall be employed as a
				buyer unless that person, at the time of employment, is either:
(a) a graduate of an accredited college or
				university; or
(b) has at least
				four year's experience in purchasing for any unit of government or for any
				business, commercial or industrial enterprise.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-12 - Receiving and Inventory Management

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Receiving.
12.1.a. The chief procurement officer or
				director of procurement shall establish institutional guidelines and procedures
				for receiving and distributing materials, supplies, equipment, services, and
				printing to departments and offices within the institution. These guidelines
				and procedures shall be consistent with this rule, and they shall be approved
				by the president, filed with the Vice Chancellor for Administration and shall
				be on file in the institution's purchasing office and made available to the
				public upon request.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-13 - Disposal of Surplus or Obsolete Materials, Supplies and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The chief
				procurement officer or director of procurement shall identify and inventory the
				institution's surplus or obsolete materials, supplies and equipment and shall
				store such materials, supplies and equipment until such time as they may be
				disposed of in a manner consistent with this rule and state law.
13.2. An institution may dispose of surplus
				or obsolete materials, supplies and equipment by transfer to other governmental
				agencies or institutions, by exchange or trade, or by sale as junk or
				otherwise.
13.3. If the method of
				disposition is other than by transfer to, or exchange or trade with other
				governmental agencies or institutions, the chief procurement officer or
				director of procurement shall, at least ten days prior to the disposition,
				advertise once a week for two consecutive weeks by newspaper publication as a
				Class II legal advertisement in compliance with the provisions of West Virginia
				Code §
									59-3-1
				et. seq., in the county where the surplus or obsolete materials, supplies and
				equipment are located, their availability or sale, in whole or part, at public
				auction or by sealed bid, as sound business practices may warrant under
				existing circumstances and conditions.
13.4. An institution may also dispose of
				surplus or obsolete materials, supplies and equipment through the surplus
				property unit of the Purchasing Division of the West Virginia Department of
				Administration; in which case, all of the rules and regulations of the
				Department of Administration shall be followed.
13.5. Under no circumstances shall any of the
				property described in this section be sold, transferred or conveyed to any
				private person, firm or corporation other than at public auction or by sealed
				bid or as otherwise provided in West Virginia Code §
									18B-5-7.
13.6. The funds an institution receives from
				the sale of surplus materials, supplies, and equipment shall be deposited in
				the State Treasury to the credit on a pro rata basis of the fund or funds from
				which the purchase of the particular commodities or expendable commodities was
				made. The Commission, Council or Governing Board may charge and assess
				reasonable fees related to the costs of care and handling with respect to the
				transfer, warehousing, sale and distribution of state property that is disposed
				of or sold.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-14 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any person
				who authorizes or approves a purchase contract in a manner in violation of the
				West Virginia Code, this rule, or any policy or procedure adopted by the
				Commission, Council and the Governing Board shall be personally liable for the
				cost of such purchase or contract. Purchases or contracts violating the West
				Virginia Code and/or this rule shall be void and of no effect.
14.2. Any person receiving anything of value
				from a known interested party in the awarding of a purchase order shall be
				subject to the provisions of West Virginia Code §
									5A-3-28,
				-29,
				-30,
				-31.
14.3. Except as may be authorized by the
				provisions of Chapter 6B of the West Virginia Code, neither the Commission,
				Council or a Governing Board, nor any employee of the Commission, Council or a
				Governing Board, shall be financially interested, or have any beneficial
				personal interest, directly or indirectly, in the purchase of any equipment,
				materials, supplies, services, or printing, nor in any firm, partnership,
				corporation or association furnishing them. Neither the Commission, Council or
				a Governing Board nor any employee of the Commission, Council or a Governing
				Board shall accept or receive directly or indirectly, from any person, firm or
				corporation, known by the Commission, Council, Governing Board or such employee
				to be interested in any bid, contract or purchase, by rebate, gift or
				otherwise, any money or other thing of value whatsoever or any promise,
				obligation or contract for future reward or compensation.
14.4. Any vendor violating the West Virginia
				Code or this rule may be suspended from the right to bid on or submit a
				proposal for institutional purchases for a period of up to one year.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-15 - Performance Audits

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The Joint
				Committee on Government and Finance is required by West Virginia Code to
				conduct performance audits and the Commission or Governing Board shall be
				responsible for paying the cost of the audit from funds appropriated to the
				Commission or Governing Board.
15.2. The Commission also has an obligation
				under West Virginia Code to conduct performance audits of the policies,
				procedures and results of the procurement of goods and services by the state
				institutions of higher education and report to the Legislative Oversight
				Commission on Education Accountability (LOCEA) on the results of the
				performance audits, together with any recommendations for additional actions
				that might be taken to improve the efficiency, effectiveness and economy of the
				administrative operations of the institutions and the Commission.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-16 - Permitting Private Institutions of Higher Education to Join as Purchasers

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				Commission and Governing Boards shall permit private institutions of higher
				education to join as purchasers on purchase contracts for materials, supplies,
				equipment, services, and printing entered into by the Commission and Governing
				Board or the institutions under the Board's control. Any private school
				desiring to join as a purchaser on such purchase contracts shall file with the
				Vice Chancellor for Administration an affidavit signed by the president of the
				institution of higher education or a designee, requesting that it be authorized
				to join as a purchaser on such contracts, and agreeing that it will be bound by
				such terms and conditions as the Commission or Governing Board may prescribe,
				and that it will be responsible for payment directly to the vendor under each
				purchase contract.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-31 - Ethics › Section 133-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes guidelines for institutional governing boards in adopting
				policies in accordance with the West Virginia Governmental Ethics
				Act.
1.2. Authority. -- W. Va. Code
				§§
									18B-1-6,
				6B-2-5(L)
1.3. Filing Date. -- July 2, 2002.
1.4. Effective Date. -- August 1, 2002
				.
1.5. Preamble. -- In 1989, the
				West Virginia Legislature enacted the West Virginia Governmental Ethics Act,
				set out in Chapter 6B of the West Virginia State Code, declaring unlawful
				certain activities by public employees. Section 5(b), Article 2 of the Act
				prohibits a public employee from using his or her office or the prestige of
				that office for his or her private gain or that of another person. Section
				5(c), Article 2 prohibits solicitation of gifts that may confer pecuniary
				benefits upon the employee or his or her immediate family. Section 5(d),
				Article 2 prohibits an interest in the profits or benefits of a public contract
				which an employee has direct authority to enter into or over which he or she
				may have control.
The original version of the Ethics Act subjected all public
				  employees, including higher education employees, to fines, sanction, and
				  criminal prosecution for violation of the Ethics Act unless they obtained prior
				  approval for the proposed activity from the West Virginia Ethics Commission.
				  Many of the teaching, research, consulting and publication activities of higher
				  education faculty and staff necessarily result in known and appropriate private
				  benefits or gain which are customary and normal in higher education, but which
				  were identified as potential violations of these provisions of the Ethics Act
				  after its enactment.
In 1990, the Ethics Act was amended at Section 5(l), Article
				  2 to allow higher education employees who derive private benefits from
				  teaching, research, consulting, or publication activities the option of seeking
				  exemption from the above prohibitions from their employing institution instead
				  of through the Ethics Commission.
The previous Board of Trustees and Board of Directors adopted
				  a rule to set forth an expeditious procedure for granting such approval of
				  exemptions at the institutional level to faculty and staff members who sought
				  to be relieved of certain statutorily imposed prohibitions of the West Virginia
				  Governmental Ethics Act. The Policy Commission has previously transferred that
				  rule to the jurisdiction of the institutional governing boards. This rule shall
				  govern any modification of that rule by a governing board.
1.6. Repeal of Former Rule. -- Repeals and
				replaces Series 43 of Title 128 and 131.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-31 - Ethics › Section 133-31-2 - Approval of Activity

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any
				rule governing ethics of its faculty or staff adopted by an institutional
				governing board shall include at least the following:
2.1.1. That institutional approval of any
				activity pursuant to the rule shall be deemed to be a part of the employee's
				employment contract with the board.
2.1.2. That any institutional approval
				granted pursuant to the rule may be revoked upon reasonable notice to the
				employee.
2.1.3. That approval for
				any activity pursuant to this rule may only be given by an institution's
				president or the president's designee or designees. Such delegation of
				authority by a president shall be in accordance with the needs of the
				institution but in no case shall such delegation be at an authority level lower
				than a departmental chair, director or other similar department
				supervisor.
2.1.4. That approval
				for any activity may be granted on a case-by-case basis or, when such
				activities are common within an institution, a department or other category or
				grouping of employees, to all of an institution's employees or any subgrouping
				thereof.
2.1.5. That the
				institution shall establish appropriate procedures for the review and approval
				of those employee activities covered by this rule.
2.1.6. That disclosures required by the rule
				are personal in nature and shall be kept confidential, as permitted by
				law.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-31 - Ethics › Section 133-31-3 - Solicitation of Gifts

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any
				such rule shall also include provisions that state:
3.1.1. Unless otherwise restricted by one's
				supervisor, employees shall be permitted to solicit gifts which directly
				benefit the board or the employing institution. Solicitations on behalf of a
				particular department, on behalf of the institution's supporting foundation or
				on behalf of an affiliated corporation or center shall, for the purposes of the
				rule, be deemed to be a solicitation on behalf of or for the benefit of the
				institution.
3.1.2. Permissible
				solicitations shall include but not be limited to the following, even though
				the soliciting employee may work in a position which will be directly or
				indirectly supported thereby:
3.1.2.1. Grants
				from governmental agencies, foundations, corporations, or individuals to the
				institution to support teaching, research, publication or service activities of
				the institution;
3.1.2.2. Contracts
				with governmental agencies, foundations, corporations, or individuals to the
				institution to support teaching, research, publication or service activities of
				the institution;
3.1.2.3. Donations
				from foundations, corporations, or individuals to the institution to support
				teaching, research, publication or service activities of the
				institution.
3.1.3.
				Support for teaching, research, publication and service activities shall
				include but not be limited to such normal and regular institutional needs as
				support for salaries; scholarships; capital improvements or repairs; and
				classroom, laboratory, athletic, medical, scientific, and other similar
				equipment supplies.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-31 - Ethics › Section 133-31-5 - Interests in Public Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any such rule shall also provide that:
5.1.1. Each employee shall be required to
				disclose any interest the employee or any member of the employee's immediate
				family or a business with which he or she is associated may have in the profits
				or benefits of a contract which the employee may have direct authority to enter
				into or over which the employee may have control unless such interest is
				limited within the meaning of W. Va. Code §
										6B-2-5(d)(2).
5.1.2. The institution may review any
				interest an employee or any member of the employee's family or a business with
				which he or she is associated may have and determine what, if any, restrictions
				or limitation should be placed on the employee's activities.