reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-8 - Subcommittees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Advisory Board may from time to time
						create one or more subcommittees of its members to gather information, conduct
						studies, develop recommendations for the full Advisory Board or engage in other
						like activities. Meetings of any such subcommittees shall not: be considered
						meetings of the Advisory Board. Provided, that no determination, action, vote,
						motion, proposal, resolution, order, measure, recommendation or decision of any
						subcommittee shall become a decision of the Advisory Board unless and until the
						Advisory Board deliberates and makes its own decision at a meeting called and
						conducted in accordance with these rules.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-9 - Scope of responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
						Advisory Board may advise and make recommendations to the Director regarding
						the administration and management of the West Virginia Public Employees
						Insurance Agency. Under no circumstances will the decisions, advice or
						recommendations of the Advisory Board be controlling or binding on the Director
						or on the West Virginia Public Employees Insurance Agency Finance
						Board.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-10 - Minutes; records

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
						Advisory Board shall provide for the preparation of written minutes of all of
						its meetings. All such minutes shall be available to the public within a"
						reasonable time after the meeting and shall include at least the following;
10.1.1. The date, time and place of the
						meeting;
10.1.2. The name of each
						member of the Advisory Board present and absent;
10.1.3. All motions, proposals, resolutions,
						orders and measures proposed, the name of the person proposing the same and
						their disposition; and
10.1.4. The
						results of all votes and, upon the request of a member, the vote of each
						member, by name.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				Travel Policy governs travel by all Secretary of State employees, consultants,
				contractors and anyone authorized to be reimbursed travel expenses by or on
				behalf of the Secretary of State, and includes all in-state, out-of-state and
				international travel. An entity with authority pursuant to W. Va. Code §
									12-3-11
				to promulgate rules concerning out-of-state travel is encouraged to utilize
				this Travel Policy and make exceptions when it determines the exceptions are in
				its best interests.
1.2 Authority -
				West Virginia Code §12-3-11.
1.3 Filing Date - August 19, 2014
1.4 Effective Date - August 19,2014
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "FMO" means the
				State of West Virginia Fleet Management Office.
2.2 "GSA" means the U.S. General Services
				Administration.
2.3 "Policy" means
				this Travel Policy.
2.4 "Spending
				Unit" means the Secretary of State Finance Division.
2.5 "Spending Unit Officer" means a person
				with authority to approve Travel Authorization and Travel Expense Account
				Settlement Forms.
2.6 "Office"
				means the Secretary of State of West Virginia and any Spending Unit.
2.7 "TMO" means the Agency Travel Management
				Office.
2.8 "Travel Authorization"
				means the form/format approved by the TMO that is to be used for approving
				travel under this Policy whether in an electronic travel management solution or
				on paper.
2.9 "Travel Expense
				Report" means the form/format approved by the TMO that is to be used for
				settling all travel related expenses incurred pursuant to this Policy, whether
				in an electronic travel management solution or on paper.
2.10 "Traveler" means a Secretary of State
				employee, consultant, contractor and anyone authorized to be reimbursed travel
				expenses by or on behalf of the Office.
2.11 "Travel Status" is defined as the
				authorized period of travel time away from the official workstation commencing
				with the time of departure and ending with the time of return.
2.12 "Duty Station" is the city/town, county,
				and State in which the employee works. For most employees, this will be the
				location of the employee's work site.
2.13 "E-Travel System" means the electronic
				tool approved for planning, authorizing and submitting reimbursement requests
				for business-related travel expenses.
2.14 "Third Party Booking" means using an
				internet travel site such as Expedia, Travelocity, Orbitz, Kayak, Hotels.com
				and the like, where a traveler may research and book travel
				reservations.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 3 - General Information

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 The
				State has an "accountable plan" for reimbursement of travel expenses and will
				only reimburse for actual expenses or in an amount deemed
				substantiated.
3.2 Authority to
				manage, approve, or disapprove travel and travel-related expense is delegated
				exclusively to the spending officer of a state agency.
3.3 Travel may be authorized only for
				official business and only if the state agency has the financial resources to
				reimburse the traveler for travel expenses.
3.4 Travel expenses will be reimbursed for
				legitimate and reasonable expenses considered necessary for the proper conduct
				of Office business in accordance with this Policy.
3.5 A Traveler is considered in "travel
				status" when he or she is traveling on behalf of the Office, which includes
				leaving his/her assigned official work location to perform duties at other
				locations.
3.6 Approval to travel
				must be secured in advance by the Traveler from the Spending Unit providing
				reimbursement. The Travel Authorization shall be used as required by the
				authorizing Spending Unit in the E-Travel system.
3.7 The responsibility to audit a traveler's
				expense report lies with the Spending Unit. Approval of a traveler's expense
				report by the Office means that the Travel Expense Report meets all criteria
				established by this policy for reimbursement. The Office shall audit and submit
				an accurate Travel Expense Report for reimbursement to the State Auditor's
				Office within fifteen (15) days after completion of travel.
3.8 Travelers must use state contracts for
				travel services, or deal directly with the service vendor. Third Party Booking
				sites shall not be used.
3.9
				Travelers are personally responsible for submitting all required, valid
				receipts for travel to his/her Purchasing Card Coordinator for expenses paid by
				a Purchasing Card.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 4 - Reimbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 Reimbursement
				of travel expenses incurred by consultants, contractors and non-employees will
				be in accordance with this Policy, unless otherwise specified in the purchase
				order or contract with the Office.
4.2 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 Policy;
				otherwise, this Policy shall govern the reimbursement.
4.3 Travel Expense Reports must be completed
				by the Traveler in the Office E-Travel System and have all required receipts
				and forms attached before submitting to the Spending Unit.
4.4 The Spending Unit is responsible for
				auditing Travel Expense Reports. The E-travel System will contain logic to
				assist with policy compliance, but approval of a Travel Expense Report is
				required by a Spending Unit Officer to certify the Report meets all criteria
				established by this Policy.
4.5
				Itemized receipts are required for expenses claimed in excess of $75.00 unless
				otherwise specifically addressed in this Policy.
4.6. When a receipt is required, the receipt
				must be the valid, itemized receipt issued by the vendor or service provider
				documenting the transaction.
4.7
				When an acceptable form of receipt is not available, a Traveler shall create,
				in paper or electronic form, an itemized list reflecting the goods or services
				purchased, vendor name, date of purchase and price. The physical or electronic
				signatures of the Traveler and the Spending Unit employee with signature
				authority for travel are required, along with whatever receipt or other
				documentation is available.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 5 - Meals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Meal expense
				reimbursement is based on the temporary duty location and is not to exceed the
				maximum per diem established by the federal government. Alcohol and
				entertainment expenses are specifically excluded. Meal reimbursement is allowed
				when lodging is listed as "gratis" or "no charge."
5.2 Meal and incidental rates differ by
				travel location; incidentals are included in the meal per diem and are
				therefore not separately reimbursable. Examples of incidental expenses are fees
				and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or
				stewardesses and others on ships, and hotel servants; transportation between
				places of lodging or business and places where meals are taken, if suitable
				meals cannot be obtained at the temporary duty site; and mailing cost
				associated with filing travel vouchers and payment of government charge card
				billings.
5.3 Meal expenses are
				reimbursable for travel requiring overnight lodging.
5.4 A Traveler may request a cash advance for
				meals and/or mileage through the E-Travel System if approved by the Spending
				unit.
5.5 Current rates and an
				example of the per diem meal breakdown may be found at the Travel Management
				Office's website at
www.state.wv.us/admin/purchase/
				travel
.
5.6 Adjustments to
				Per Diem Rates
5.6.1 Exceptions may be granted
				to per diem rates in situations when authorized by the Spending Unit Officer.
				When expenses are approved in excess of per diem rates, itemized receipts are
				required for the meal and incidental expenses for the entire day.
5.6.2 On the first and last days of travel of
				an overnight trip when no meals are provided, the allowable reimbursement is
				based on 75% of the federal government's per diem rate for the specific city.
				Departure or arrival times are not considered. If a meal(s) is provided gratis
				or included within a registration fee of the business travel, the per diem rate
				must be reduced by the appropriate amount
5.6.3 A meal provided by a common carrier or
				as a
complimentary
meal provided by a hotel/motel does not
				reduce the maximum per diem rate.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 6 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 Air
				Transportation
6.1.1 Commercial Airlines
6.1.1.a Allowable reimbursement for
				commercial airline travel shall include the actual cost for the least expensive
				logical fare via the most direct route, or a reasonable alternative route if it
				results in a lower fare.
6.1.1.b
				Travelers must make air travel bookings through the states E-Travel System to
				secure the least expensive airfare possible. Reimbursement for tickets where
				reservations were not made through the State's E-Travel System requires
				authorization from the TMO.
6.1.1.c
				Electronic tickets (E-tickets) are the industry standard and are issued
				automatically unless a paper ticket is specifically requested by the traveler.
				Costs for obtaining paper tickets are not reimbursable. E-tickets are
				sufficient for traveling and reimbursement.
6.1.1.d Airfare should be paid by a
				Purchasing Card or Ghost account.
6.1.1.e Inappropriate Actions
6.1.1.e.I Travelers may not deliberately
				cause increased costs or delays to obtain personal gratuities, such as denied
				boarding compensation, frequent flier points or mileage or other benefits.
				Conversion of airline tickets for personal benefit, such as downgrading
				tickets, returning unused tickets for cash, credit or personal airline tickets
				or other similar action is prohibited.
6.1.I.e.II Travelers may not specify a
				particular airline to accumulate mileage or promotional plans such as frequent
				flyer programs if it results in a higher fare. Travelers may retain frequent
				flyer points properly accumulated.
6.1.I.e.Ill If an increase in airfare is
				caused by the Traveler without legitimate excuse, the increased costs of the
				airfare are a personal expense of the Traveler and will not be reimbursed. If
				an increase in airfare is incurred through no fault of the Traveler and the
				Spending Unit Officer has approved the increase, the increased cost is
				reimbursable.
6.1.1.f
				The travel agency should be notified immediately if airline tickets are unused
				or refundable for proper credit or refund.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 7 - Lodging

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 Lodging for a
				Traveler is reimbursable where the distance is more than fifty (50) miles from
				his or her official work location or home, whichever is the shorter distance,
				and an overnight stay is required.
7.2 Travelers should use the E-Travel system
				to secure the lowest rate available at a reasonably priced facility. Most
				hotels and motels offer special reduced rates to State Travelers which are
				stored in the system.
7.2.1 Travelers shall
				not book lodging through a Third Party Booking vendor. Third party vendors are
				unable to provide an itemized invoice or folio for reimbursement and may charge
				services fees that are not reimbursable.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 8 - Registration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1
				Registration fees and event-related materials for meetings, conferences,
				seminars, and/or workshops are reimbursable.
8.2 Receipts are required for reimbursement.
				The receipt or documentation provided by the event sponsor shall be sufficient
				for reimbursement.
8.3 Travelers
				are to adjust meal reimbursement (per diem) requests for meals included with
				the registration fee.
8.4 Traveler
				should verify acceptable payment methods with the event sponsor prior to
				attending. Registration fees should be charged on a Purchasing Card when
				possible.
8.5 If a cancellation
				charge is incurred, the charge is reimbursable if the Traveler is directed to
				change his/her travel plans, or if other extenuating circumstances beyond the
				Traveler's control arise. Charges incurred due to the failure of the Traveler
				to notify the event sponsor are considered a personal expense.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 9 - Other Expenses

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1
				Travelers may incur miscellaneous business-related expenses for which
				reimbursement may be made, if appropriate. Receipts are required for any
				individual expenditure in excess of $75.00. The spending officer may require
				any or all receipts at their option as a means of cost control.
Such expenses and reimbursement may include, but are not
				  limited to:
a) baggage storage
				between appointments and between hotels and meeting places;
b) tolls, garage, and parking fees -excluding
				valet parking for personal convenience,
c) currency conversion;
d) guides, interpreters, and visa fees;
				and
e) Laundry and dry cleaning
				when an employee is in travel status in excess of seven days without returning
				home
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 10 - Purchasing Card

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1 Travelers
				must use the State of West Virginia Purchasing Card for approved
				business-related travel expenses whenever it is accepted. The Purchasing Card
				shall not be used for personal expenses.
10.2 Personal expenses, including food
				charges, shall not be charged to hotel folios when a Purchasing Card is
				used.
10.3 Travelers may request
				cash advances for meals and mileage expenses through the E-Travel System that
				cannot be charged to a Purchasing Card.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 11 - Travel Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 TMO
				approved format is to be used when seeking prior approval for reimbursement for
				travel expenses or submitting a request for reimbursement.
11.2 Any state employee seeking approval or
				reimbursement for travel expenses must use the State's E-Travel System to
				submit the request according to this policy.
11.3 Any non-employee seeking approval or
				reimbursement for travel expenses must use a TMO approved form to submit the
				request according to this policy. The form must contain the Traveler's
original signature
, preferably in blue ink.
11.3.1 Any invoice or receipt requiring
				original certification may be certified by the non-employee Traveler and the
				Chief Financial Officer of the Department or Agency Administrator, or as
				determined by the State Auditor in emergency situations.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-00 - Travel Rules › Section 12 - Restrictions, Exceptions or Waivers

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1 Spending Unit Officers have the right to
				establish procedures that are more restrictive than any provision of this
				Policy.
12.1 Travel Expense Reports
				for which an exception, waiver or deviation from this Policy has been granted
				or made by a Spending Unit Officer shall be processed separately from those
				reports without exceptions, waivers or deviations. The need for specialized
				audit review may result in longer processing times.
12.2 This Policy may be revoked, suspended,
				rescinded or amended at any time by the TMO.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-01 - Electronic Filing and Formatting of Rules › Section 153-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule details procedures and required formatting for filing rules
				electronically with the Secretary of State's Office.
1.2. Authority. -- W. Va. Code §
									29A-2-6(c).
1.3. Filing Date. -- April 28, 2023
1.4. Effective Date. -- May 28,
				2023
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-01 - Electronic Filing and Formatting of Rules › Section 153-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "AdLaw"
				means the Administrative Law Division within the Secretary of State's
				Office.
2.2. "Agency" means any
				rule-making entity.
2.3. "Agency
				head" means the cabinet secretary or top administrator for any agency who has
				the authority to grant or withhold written consent of the proposal of any rule
				on behalf of the agency; and without said individual's signature, no proposal
				for a rule shall have any force or effect (see W. Va. Code §§
									5F-2-2(12) and
				(13)).
2.4. "ERF" means electronic rule filing
				form.
2.5. "eRules User" means the
				individual(s) who has been granted authority by the agency head to review,
				edit, and print a rule.
2.6.
				"Fiscal" means the individual(s) who has been granted authority by the agency
				head to add fiscal information to a rule filing.
2.7. "LOCEA" means Legislative Oversight
				Commission on Education Accountability.
2.8. "LRMRC" means Legislative Rule-Making
				Review Committee.
2.9. "SOS" means
				Secretary of State.
2.10.
				"Submission" means a level of access granted by the agency head that gives an
				individual(s) permission to file a rule electronically on behalf of the agency
				head.
2.11. "UAA" means universal
				access account.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-01 - Electronic Filing and Formatting of Rules › Section 153-1-3 - Prior to rule filing

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				Universal Access Account must be created.
3.1.1. Go to the Secretary of State's
				website, select the Administrative Law Division page and use the link to the
				Universal Access Account.
3.1.2.
				Verify the username and complete the account setup.
3.1.2.a. Usernames will be saved in the
				eRules application.
3.1.2.b.
				Passwords are not saved in the eRules application. It is the responsibility of
				the user to remember or store their password for all future
				filings.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-01 - Electronic Filing and Formatting of Rules › Section 153-1-4 - Procedures for rule filing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Go to the
				Administrative Law Division menu on the Secretary of State's website and select
				"File an eRule". Log in to your UAA.
4.2. Select the request needed for the filing
				being worked on.
4.2.1. This step is only
				needed at the start of the process to get the rule set up in the database.
4.2.1.a. If it is a new rule, select "New
				Title-Series".
4.2.1.b. If it is an
				amendment to an existing rule, select "New Rule Version."
4.2.1.c. When naming a rule, a brief
				statement of the main subject matter is sufficient. It is not necessary to
				include the type of rule, the fact that it is a rule, or the fact that it
				governs the subject matter in the name.
4.2.1.d. A request form will come up.
				Complete the form and click on "Send Request."
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-01 - Electronic Filing and Formatting of Rules › Section 153-1-5 - Required formatting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Margins
				shall be set at 0.5 inch for the top and bottom, and 1 inch for the left and
				right.
5.2. Document shall be set
				at one column.
5.3. Font shall be
				Arial, Times New Roman or Calibri.
5.4. Text size shall be 11 for the body of
				the rule.
5.5. All rules shall have
				a header containing the title and series number of the rule (example 153CSR1).
5.5.1. Header shall be centered on the top of
				each page.
5.5.2. Header shall be
				in text size 10 and bolded.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-01 - Electronic Filing and Formatting of Rules › Section 153-1-6 - Section heading for text breakdown table

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Subsection. (1
				tab)
6.1.1. Subdivision. (2 tabs)
6.1.1.a. Paragraph. (3 tabs)
6.1.1.a.1. Subparagraph. (4 tabs)
6.1.1.a.1.A. Part. (5 tabs)
6.1.1.a.1.A.1. Subpart. (6 tabs)
6.1.1.a.1.A.1.(a) Item. (7 tabs)
6.1.1.a.1.A.1.(a)(1) Subitem. (8 tabs)
6.1.1.a.1.A.1.(a)(1)(A) Sub-subitem. (9
				tabs)
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				legislative rule establishes the fees to be charged for online access to
				electronic records maintained by the Secretary of State and for the sale of
				electronic records for the purpose of resale.
1.2. Authority. -- W. Va. Code '59-1-2.
1.3. Filing Date. -- April 1, 1999.
1.4. Effective Date. -- April 1,
				1999.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purpose of this rule:
2.1.1. "Electronic
				record" means any record maintained in a database by the Secretary of State
				which becomes available for access electronically at a remote location, and
				which may include those portions of the complete record as are public and are
				considered appropriate to include in the viewable database, as determined by
				the Secretary of State.
2.1.2.
				"Online access" means access to view any available electronic record from a
				remote site via the Internet, modem, or other means of data
				communication.
2.1.3. "Subscriber"
				means one person, company, agency or other entity which applies for access for
				one or more users to any database maintained by the Secretary of State for
				which a charge is applied on an annual subscription basis, or on a time of use
				basis if the charges are paid by prepayment.
2.1.4. "User" means each concurrent use by a
				subscriber using a single access identification.
2.1.5. "Available" means the condition of
				having met the hardware, software, development and database development
				requirements necessary for secure and convenient access to the information
				system and each division's records for public viewing, and is not to imply any
				required beginning date for the access.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-3 - Records of the Administrative Law Division

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The charges for access to electronic
				records of the Administrative Law Division are based on the requirement of W.
				Va. Code '29A-2-7
				that the costs of the services of the division be recovered from the fees
				charged for the sale of publications.
3.2. The Secretary of State may make
				publications available on-line through an annual subscription for unlimited
				access, or through an on-line billing per access to a specific rule, index or
				isue of the State Register, depending on the technological considerations at
				the time.
3.3. The annual
				subscription for on-line access runs from January 1 through December 31, with
				the customer's first year subscription prorated.
3.4. The annual subscription fees are as
				follows:
3.4.1. For the Code of State rules,
				on-line access only, three hundred fifty dollars ($350);
3.4.2. For the Code of State Rules, for
				purchasers of the printed 12-volume set, on-line access, one hundred
				seventy-five dollars ($175);
3.4.3.
				For the Index to the Code of State rules, no charge;
3.4.4. For the index to the Opinions of the
				Ethics Commission, one hundred fifty dollars ($150);
3.4.5. For the index to the Decisions of the
				State Grievance Board, no charge;
3.4.6. For the State Register, on-line access
				only, two hundred fifty dollars ($250);
3.4.7. For the State Register, for purchasers
				of the printed subscription, on-line access, one hundred twenty-five dollars
				($125); and
3.4.8. For the calendar
				of emergency meeting notices, no charge.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-4 - Records of the Corporations Division

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The fees for access to records of the
				Corporations Division are based on the need for convenient access to key
				elements of those records by the public, the legal and banking community, and
				other users in order to reduce the personnel time and expense for telephone
				inquiries regarding those records.
4.2. The annual subscription for access to
				the electronic records of the corporation division for each user shall be one
				hundred dollars ($100) per year.
4.3. If on-line billing is made available,
				the charge for access to electronic records of the corporation division for
				each user shall be fifteen cents ($.15) per minute.
4.4. If sufficient revenue for the
				Corporations Division and/or service of process is available either through
				appropriations or other revenue, the subscription or other fees provided for in
				this section may be waived, at the discretion of the Secretary of
				State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-5 - Records of the Uniform Commercial Code (UCC) Division

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The fees for access to records of the
				UCC Division are based on a balance of the need for convenient access to key
				elements of those records in order to reduce the personnel time and expense for
				telephone inquiries regarding those records and the necessity for the division
				to maintain sufficient revenue to be staffed and maintained by
				revenue.
5.2. The annual
				subscription for access to the electronic indexes of the UCC Division for each
				user shall be two hundred dollars ($200) per year.
5.3. If on-line billing is made available,
				the charge for each search of a debtor name in the electronic indexes of the
				UCC Division for each user shall be two dollars.
5.4. If sufficient revenue for the UCC
				Division is available through special revenue, the subscription or other fees
				provided for in this section may be waived, at the discretion of the Secretary
				of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-6 - Records of the Charitable Organizations, Elections, and Executive Records Divisions and Other Public Information

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The records of the Charitable
				Organizations Division are public information maintained for the purpose of
				preventing fraud in the conduct of charitable solicitations and fund-raising.
6.1.1. When available, the Secretary of State
				shall make the index information relating to charitable organizations and
				professional fund raisers available over the Internet at no charge.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-7 - Subscriber Accounts; Multiple Users and Access to Records of Multiple Divisions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. To
				become a subscriber to one or more of the record groups requiring fees, the
				person, firm or other entity shall file an application on a form prescribed by
				the Secretary of State.
7.2. Upon
				payment of the necessary fees or upon the satisfaction of any prepayment
				arrangements required for time of use billing, the Secretary of State shall
				provide a subscriber identification code and any required security password to
				the subscriber.
7.3. The Secretary
				of State shall maintain a record of all subscribers, along with a record of
				fees paid, and the beginning and ending dates of any annual
				subscription.
7.4. Subscribers who
				seek access to multiple record types through an annual subscription may obtain
				a discount of fifteen percent (15%) of the total for two record types, and
				twenty-five percent (25%) of the total for three (3) or more record
				types.
7.5. The following discounts
				are available for subscribers with four (4) or more users:
4 - 9 users
10% discount
10 - 25 users
15% discount
26 or more users
20% discount
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-02 - Fees Relating To Electronic Records › Section 153-2-8 - Purchase of Database Index Records for Resale

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. As required by W. Va. Code
				'59-1-3,
				any person, firm or other entity who purchases copies of any index or database
				and who intends to provide or subsequently provides or makes those records
				available to any other person for a monetary or other valuable return shall
				first apply to the Secretary of State for a resale agreement.
8.2. The applicant shall agree to be bound by
				a contract for repayment to the state for each instance of a resale.
8.2.1. The Secretary of State may require the
				applicant to supply detailed information relating to the data system in which
				the records are to be maintained, the anticipated frequency of access, the
				availability and use of automatic access tracking software within the
				applicant=s system, the billing arrangements and prices of sales, and any other
				information which might be necessary for contract review.
8.2.2. The Secretary of State may enter into
				a contract with the reseller for a reasonable return to the state of West
				Virginia for each instance of a resale.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-03 - Voter Registration at the Division of Motor Vehicles › Section 153-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the procedures necessary for implementation and processing of
				voter registration applications at and from the West Virginia Division of Motor
				Vehicles.
1.2. Authority. -- W. Va.
				Code §
									3-2-11(n).
1.3. Filing Date. -- May 2, 2022.
1.4. Effective Date. -- May 2,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force and effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-03 - Voter Registration at the Division of Motor Vehicles › Section 153-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means an individual who has presented himself or herself at the DMV for the
				purpose of applying for the issuance, renewal, or change of address of a motor
				vehicle driver's license or official identification card pursuant to W.Va.
				State Code § 17B-2-1,
et seq
.
2.2. "County Clerk" means the Clerk of the
				County Commission.
2.3. "DMV" means
				the West Virginia Division of Motor Vehicles or other division or department
				that may be established by law to perform motor vehicle driver licensing
				services.
2.4. "SVRS" means the
				statewide voter registration database as described in W.Va. State Code §
									3-2-4 a.
2.5. "WVSOS" means the West Virginia
				Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-03 - Voter Registration at the Division of Motor Vehicles › Section 153-3-3 - Information to be Obtained by the DMV for the Purposes of Voter Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If the
				applicant does not decline to register to vote or update their current voter
				registration record, the DMV shall obtain the following information and release
				the information electronically to the Secretary of State:
3.1.a. Type of voter registration transaction
				(New or Update)
3.1.b. Full name,
				including first, middle, last and any former names;
3.1.c. Date of birth;
3.1.d. Residence address;
3.1.e. Mailing address;
3.1.f. County of residence;
3.1.g. The applicant's electronic
				signature;
3.1.h. Telephone
				number(s);
3.1.i. Email
				address;
3.1.j. Driver's license
				number;
3.1.k. Last four digits of
				the Social Security number;
3.1.l.
				Political party membership, if any;
3.1.m. A data field indicating whether the
				applicant has attested that he or she meets all voter eligibility requirements
				as set forth in W.Va. State Code §§
										3-2-2(a)
				and
				3-2-2(b);
3.1.n. Date of application; and
3.1.o. If the license transaction is to
				change from another state to West Virginia, whether the applicant is registered
				to vote in another state and that state.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-03 - Voter Registration at the Division of Motor Vehicles › Section 153-3-4 - Transfer of Data from DMV to the SOS

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The DMV shall electronically transfer
				data required to be collected in subsections 3.1 and 3.2 of this rule to the
				WVSOS at least once per day as agreed upon in a Memorandum of Understanding
				between the DMV and the WVSOS.
4.2.
				The WVSOS shall maintain all records collected in conjunction with subsection
				3.2 of this rule as the declination required by the National Voter Registration
				Act of 1993 (NVRA).
4.2.a. Records shall be
				maintained only for the purposes of facilitating future attempts to register to
				vote.
4.2.b. The WVSOS may utilize
				the information obtained pursuant to subsection 3.2 of this rule to contact
				those individuals who have affirmatively declined to register to vote to
				provide those individuals with information and options on how to register to
				vote if they choose to do so in the future.
4.2.c. Records will be kept for a period of
				two (2) years in accordance with the provisions of NVRA, then
				deleted.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-03 - Voter Registration at the Division of Motor Vehicles › Section 153-3-5 - Processing of Applications in SVRS

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The WVSOS shall ensure that all
				information collected pursuant to subsection 3.1 of this rule will be entered
				into the SVRS and presented to the County Clerk of the county in which the
				applicant applies to register to vote.
5.2. The County Clerk will review and process
				the application according to the requirements of state and federal
				law.
5.3. If the County Clerk
				receives information in SVRS regarding a new application from a previously
				cancelled voter, the County Clerk shall process the application as a positive
				action by the applicant to register to vote.
5.4. If a voter's status in SVRS is
				"inactive," and the County Clerk receives an application to register to vote or
				otherwise update said voter's registration information, the County Clerk shall
				change that voter's status to "active."
5.5. The effective date of the registration
				is the date the applicant applied at the DMV. However, applicants are still
				subject to the voter registration deadline in W.Va. Code §
									3-2-6
				in order to be eligible to vote or have changes to their record effective for
				an election.
5.6. If the
				information provided by the DMV pursuant to subsection 3.1 of this rule does
				not include a mailing address, the applicant's residence address shall be used
				as the mailing address.
5.7. If the
				applicant is approved for registration and if information is available from
				paragraph 3.1.o of this rule, the County Clerk will send a notice to the
				appropriate election official for the applicant's former residence indicating
				that the applicant is now registered to vote in West Virginia.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-03 - Voter Registration at the Division of Motor Vehicles › Section 153-3-6 - Automatic Voter Registration Procedures at the DMV

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The DMV and the WVSOS will coordinate to
				determine the process for voter registration at DMV locations in order to make
				the program efficient for voters, the DMV, County Clerks, and the
				WVSOS.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-04 - Submitting suggestee executions served On The office Of The secretary Of state › Section 153-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				regulation establishes a general procedure rule for the submitting of suggestee
				executions served on the Office of the Secretary of State.
1.2. Authority. -- W. Va. Code '29A-3-2.
1.3. Filing Date. -- August 4,
				1981.
1.4. Effective Date. --
				September 4, 1981.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-04 - Submitting suggestee executions served On The office Of The secretary Of state › Section 153-4-2 - General Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				general purpose of this procedure regulation is for the submitting of suggestee
				executions served on the Office of the Secretary of State.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-04 - Submitting suggestee executions served On The office Of The secretary Of state › Section 153-4-3 - Procedure Rule for Submitting Suggestee Executions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any suggestee executions served on the
				Office of the Secretary of State will be accepted by certified mail.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-05 - Voter Registration List Maintenance by the Secretary of State › Section 153-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the procedures necessary for the Secretary of State to conduct
				voter registration list maintenance.
1.2. Authority. -- W. Va. Code §
									3-2-23a.
1.3. Filing Date. -- May 2, 2022.
1.4. Effective Date. -- May 2,
				2022.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force of effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-05 - Voter Registration List Maintenance by the Secretary of State › Section 153-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "County Clerk"
				means the Clerk of the County Commission.
2.2. "WVSOS" means the West Virginia
				Secretary of State or his or her designee.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-05 - Voter Registration List Maintenance by the Secretary of State › Section 153-5-3 - Notice Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Before the WVSOS can conduct voter registration list maintenance on the voter
				registration records of any county, the WVSOS shall send a notice by certified
				mail, return receipt requested, to the County Clerk of the affected county.
				Nothing in this subsection shall prevent the WVSOS and a County Clerk from
				communicating by other means in an effort to effect the desired
				outcome.
3.2. The notice required
				by subsection 3.1 of this rule and W.Va. State Code §
									3-2-3(a)
				shall be mailed at least 90 days prior to the WVSOS conducting voter
				registration list maintenance on a county's records.
3.3. The notice required by subsection 3.1 of
				this rule and W.Va. State Code §
									3-2-3(a)
				shall include:
3.3.a. The record(s) the WVSOS
				has identified as potentially requiring list maintenance;
3.3.b. The reason or reasons such list
				maintenance may be required; and
3.3.c. That the county has 90 days to explain
				why list maintenance has not been performed, perform the required list
				maintenance, or design a plan in cooperation with the WVSOS for the County
				Clerk to perform the required list maintenance which may take longer than 90
				days.
West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-05 - Voter Registration List Maintenance by the Secretary of State › Section 153-5-4 - Required Voter Registration List Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the WVSOS finds that a County Clerk
				has failed within 45 days to update a voter registration record based on a
				notification received pursuant to W.Va. State Code § 3-2-23, the WVSOS may
				initiate the process of sending notice to the County Clerk as set forth in
				section three of this rule.
4.2. If
				the WVSOS finds that a County Clerk has failed within 45 days to take any
				required step of the systematic program for removal of ineligible voters from
				the active registration files as required by
				52
				U.S.C. §
										20507 and W.Va. State Code
				§§ 3-2-25, 3-2-26, and 3-2-27, the WVSOS may initiate the process of
				sending notice to the County Clerk as set forth in section three of this
				rule.
4.3. If the WVSOS sends
				confirmation notices as part of list maintenance, the county shall be
				responsible for the cost of the confirmation notices, labels, and postage as
				required by W.Va. State Code § 3-2-25(d).