reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-19 - Enforcement of support obligations through the filing of a rule to show cause

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The bureau may seek to enforce the failure to comply with support obligations or other terms of a court order through the use of a rule to show cause. The bureau may seek an order from the court to address the following issues:
19.1.a. Non-payment of court-ordered child support, spousal support or medical support amounts; or
19.1.b. Failure to provide medical insurance for the minor child, spouse or former spouse as ordered, or failure to provide proof of insurance; or
19.1.c. Failure to seek work on a regular and timely basis; or
19.1.d. Failure to appear for hearing or testing as ordered by the court; or
19.1.e. Failure to provide information as ordered by the court.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-20 - Financial Institution Data Match

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Pursuant to W. Va. Code §
									48-18-124, financial institutions in this state or in other states, territories or countries may provide information to the bureau regarding the ownership of any accounts held by support obligors, including the amount in the account, the type of ownership of the account, the address of the owner or owners of the account.
20.2. An obligor shall be submitted for the match process if his or her case or cases have a combined arrearage of at least one thousand dollars ($1,000.00).
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-21 - Posting of a bond to ensure payment of a support obligation or appearance at a hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. If an obligor owes a support arrearage, has failed to appear for scheduled hearings, or has failed to provide information or documentation that the court deems necessary, the bureau may petition the court to require that the obligor post a bond with the Circuit Clerk to be forfeited if the obligor fails to meet standards set by the court. The standards may include payment of support in a timely manner, obtaining insurance coverage for a child, providing proof of insurance coverage or other documentation required by the court, or requiring attendance at a particular hearing.
21.2. If the court issues an order requiring the posting of a bond, the bureau employee assigned to the case shall monitor the case to determine if the bond is posted.
21.3. If a bond is posted and a situation occurs that may result in forfeiture of the bond, the bureau shall advise the court of the facts in a timely manner by filing the appropriate pleadings and shall proceed to follow the direction of the court.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-22 - Criminal prosecutions for non-payment of support

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Both state and federal laws make failure to provide financial support to a child a crime if certain specific facts exist. If a case meets the statutory requirements for possible prosecution under either state or federal law, the bureau attorney assigned to the case may refer the case to state or federal prosecutors.
22.2. W. Va. Code §
									48-18-131 permits the bureau to release information to state or federal prosecutors and law enforcement officials as necessary for the purpose of establishing, modifying, enforcing or collecting a support obligation. The bureau shall not release information to state or federal prosecutors and law enforcement officials for any other purpose, except as set forth in 45 C.F.R. §303.15.
22.3. The bureau attorney assigned to the case shall approve all information released to state and federal law enforcement officials and prosecutors related to criminal non-support allegations.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-23 - Suits against a source of income

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. When an individual or a company is an employer or source of income for an obligor, the bureau may commence an action against the individual or company if any of the following actions occur:
23.1.a. The individual or company is an employer or source of income for an obligor and the individual or company fails to properly report the obligor as an employee or as a contractor when the individual or company has an obligation imposed by law to do so; or
23.1.b. The individual or company is the employer of the obligor or is a source of income for the obligor and the individual or company fails to withhold or fails to remit any sum from the employee's income after receipt of a notice of income withholding; or
23.1.c. The individual or company pays the employee in cash or in other goods or services to avoid the payment of a support obligation.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-24 - Suits to set aside fraudulent transfers of real or personal property

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. When an individual transfers real or personal property or money in order to conceal assets which could be seized to satisfy a support obligation, the bureau may bring an action to set aside the transfer of the property.
24.2. Such an action may seek to have the transferred item returned to the ownership of the obligor, sold by the sheriff with the proceeds committed to the bureau for application to the obligor's support obligation, to otherwise dispose of in accordance with the law, or to have judgment granted against the obligor.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-25 - Suits to enforce a foreign judgment

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. An order entered in another jurisdiction is entitled to full faith and credit in West Virginia. However, registration of the foreign judgment may be necessary in this state prior to commencing collection actions based upon that order.
25.2. In the discretion of the bureau attorney assigned to the case, enforcement of an out-of-state order may be processed through the Uniform Interstate Family Support Act (UIFSA) or through the authentication and registration of the order in the courts of West Virginia pursuant to W. Va. Code §
									55-14-1 et seq.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-26 - Miscellaneous legal actions

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. The bureau may intervene in any type of legal action involving any party to the child support case if it appears that, as a result of the action, a support obligor may obtain income or property that could be available for the payment of support obligations.
26.2. The bureau may request that the court attach property belonging to the obligor, may request that property of the obligor be sold or leased, or request that the court take other reasonable actions designed to pay the debt owed by the obligor.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-27 - Bankruptcy as it affects support enforcement methods

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. When an obligor files a petition for bankruptcy in federal court, the bureau will assess all on-going enforcement activities to determine whether the activities may continue. Bankruptcy does not discharge support obligations; it merely changes the timing and methods by which support obligations may be collected. A bankruptcy may discharge any genetic testing fees or court costs owed by the obligor.
27.1.a. The ability to take enforcement activities after a petition for bankruptcy is filed is dependent upon the type of bankruptcy petition filed and the type of enforcement activity.
27.1.b. Income withholding, license suspension, income tax offsets, passport denial, credit bureau reporting and enforcement of medical support may continue to occur after the filing of a bankruptcy petition.
27.1.c. The filing of writs of execution, liens, suggestions, contempt actions, motions for judgment, as well as the sending of billing statements and letters requesting payment of support obligations shall cease when the bureau is notified of the filing of a bankruptcy petition by a support obligor.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-28 - Amnesty Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. General requirements for participation in amnesty programs.
28.1.a. In order for an obligor to be eligible to participate in an amnesty program, the following circumstances must exist:
28.1.a.1. The order on which the enforcement action is taken must have been entered by a court in West Virginia;
28.1.a.2. Neither party can be compelled to participate in an amnesty program; both the obligee and obligor must be willing to participate;
28.1.a.3. There must be interest owed to the obligee, to the State, or to both;
28.1.a.4. The parties must enter into a written agreement as to the amount of interest to be forgiven. No portion of the principal debt may be forgiven, but any or all of the interest accrued may be forgiven;
28.1.a.5. The forgiveness of the interest shall be conditioned upon the payment in full of all current support which will become due and owing during the life of the agreement and for payment in full of the arrearage due at the time of the entry into the agreement;
28.1.a.6. The amount to be paid and the intervals for payment to accomplish the purposes set forth in subsection 28.1.a.5. shall be specified in the written agreement;
28.1.a.7. In order to satisfy the account, the agreement may include periodic lump sum payments, monthly or weekly payments, or any combination of the two;
28.1.a.8. All terms of the agreement shall be completed within a period of time to be specified in the agreement, and the specified period of time cannot, by law, extend longer than sixty months.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-06 - Support Enforcement Activities Undertaken by the Bureau for Child Support Enforcement › Section 97-6-29 - Grace period and the accrual of interest on unpaid support payments

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. Support payments are due and owing in the amounts set forth in an order of a court of competent jurisdiction or in an order of an out-of-state administrative agency of competent jurisdiction. Support payments are generally expressed as a monthly payment amount but may be expressed as a weekly, semi-monthly or bi-weekly sum.
29.2. If the full amount of a support payment is not received in the calendar month in which it is due, the obligor is given an additional calendar month in which to pay the unpaid sum before interest is added to the account. This additional calendar month is known as the grace period. If the support is paid in full during the month it is due or during the grace period, no interest is assessed for the late payment of that support installment.
29.3. W. Va. Code §
									48-1-302 establishes the amount of interest to be assessed on any amounts that remain due and owing at the conclusion of the grace period, regardless of whether the principal is owed to the state or to the obligee.
29.3.a. For any unpaid support that was assigned to the State prior to July 1, 2002, no interest shall accrue on the portion of the debt assigned to the State through June 30, 2002. Interest at the legal rate in effect at the time that each payment became due and owing shall accrue from July 1, 2002 until the debt is paid in full.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The purpose of this rule is to establish the methods that obligors can use to make payments to the bureau, the methods that the bureau shall use to disburse collections to obligees, sets forth the hierarchy of payment allocation, and establishes the amount of any collection that the state will pass through to obligees whose support is assigned to the state.
1.2. Authority. -- W. Va. Code §
									48-18-105(19).
1.3. Filing Date. -- April 11, 2014.
1.4. Effective Date. -- May 11, 2014.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-3 - Methods by which an obligor may make support payments

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An obligor who wishes to make a support payment or a payment on fees and costs may do so in a variety of ways:
3.1.a. The bureau accepts payments made by cash, money order or check during normal business hours in the fifty-four (54) county offices operated by the department and in the bureau's central administrative office in Kanawha County;
3.1.b. The bureau accepts payments made by money order or check by mail;
3.1.b.1. The mailing address of the bureau may be obtained by calling any office of the bureau;
3.1.c. The bureau accepts payments by electronic check or credit card through its twenty-four hour telephone service;
3.1.d. The bureau accepts payments by electronic check or credit card through its website.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-4 - Hierarchy for allocation of support payments when an obligor owes support to one obligee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All amounts collected by the bureau for the payment of child support, spousal support, medical support, fees and costs shall be allocated or credited to individual cases according to the terms of 45 C.F.R. § 302.51, 45 C.F.R. § 302.52, and as set forth in the attachment to this rule.
4.1.a. When an obligor owes support to only one obligee, all payments collected from that obligor shall be credited to the account of the obligee.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-5 - Hierarchy for allocation of support payments when an obligor owes support to more than one obligee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. When more than one obligee is owed support by the same obligor, allocation of the amounts collected is dependent upon the source of the payment, the status of the support order, and the character of the amounts owed. In addition to the federal regulations related to the hierarchy of allocation set forth in §
									97-7-4, the following additional rules apply.
5.2. When the payment is received that is not from an income withholding or from a state or federal income tax refund offset:
5.2.a. If none of the cases have an income withholding in place and none have an order of support, any payments received shall be allocated proportionately among the cases, based upon the number of children in the obligor's cases for whom paternity is established.
5.2.b. If none of the cases have an income withholding in place but all have orders of support, any payments received shall be allocated proportionately among the cases, based upon each case's relative percentage of the total current support obligation owed by the obligor in all of his or her cases.
5.2.c. If all of the cases have an order of support but not all have income withholding notices issued, any payments shall be allocated to the case or cases where income withholding notices have not been issued. The funds shall be allocated proportionately, based upon each case's relative percentage of the total current support obligation owed by the obligor in all of his or her cases without income withholding notices in place.
5.2.c.1. If all of the cases have an order of support but not all have income withholding notices issued, and one or more of the cases without an income withholding notice issued becomes overpaid, any portion of a payment creating an overpayment on a case or cases without an income withholding can be reallocated to a case or cases for the obligor with an arrearage.
5.2.d. If one or more of the cases has an order of support but one or more do not, any payments shall be allocated to the case or cases with the orders of support. The funds shall be allocated proportionately, based upon each case's relative percentage of the total current support obligation owed by the obligor in all of his or her cases with an order of support.
5.2.e. Payments may be accepted in cases in which paternity of a child is not established. However, if the obligor has cases in which paternity has already been legally established, the child for whom paternity is not established will receive no distribution until paternity is established.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-6 - Exceptions to the allocation process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When a payment is received from a case-specific enforcement action, such as the filing of a lien or a contempt action, and the obligor has more than one case open with the bureau, the bureau employee assigned to the case may authorize an exception to the normal allocation process to apply the payment to the specific case.
6.2. When a court orders that a specific payment be applied to a specific debt, the bureau shall comply with the terms of the order.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-7 - Distribution of collections to a support obligee

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Obligees may choose between two methods for the receipt of support collected.
7.1.a. Support payments may be accessed by the obligee through the use of a bureau-issued debit card; or
7.1.b. Support payments may be deposited electronically to the obligee's bank account.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-8 - Distribution when an obligee's whereabouts are unknown

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When an obligee is owed current support or an arrearage and the bureau is unable to locate a valid address for the obligee, the bureau shall continue to collect the support obligation through all legal methods while searching for an address. Money to be distributed to the obligee shall be held by the bureau and shall be distributed to the obligee when a valid address is obtained. The allocation and distribution hierarchy shall not be manually overridden to allow funds properly allocated to the missing obligee's case to be disbursed to another obligee, if the obligor owes a support obligation to more than one individual, or to the state.
8.2. If, after sixty days, the bureau has been unable to locate a valid address for the obligee and the obligee is not required by law to receive services from the bureau, the bureau may send a notice by first-class mail to the last known address of the obligee to advise the obligee that closure of the case will occur if an address is not supplied to the bureau within sixty calendar days of the date of the letter.
8.3. Should the sixty days elapse without the location of a valid address for the obligee, the bureau shall close the case for the obligee and apply any sums held for this obligee to any other support obligation, court costs or fees owed by the obligor. If no other support obligation, court costs or fees are owed by the obligor, the balance shall be refunded to the obligor.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-9 - Support assigned to the state

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. When an obligee receives cash public assistance or certain types of Medicaid services and is owed child, spousal or medical support by an obligor, the obligee is required by law to assign to the state the right to retain his or her child or spousal support collected, up to the amount of the cash public assistance or Medicaid received by the obligee, as a reimbursement to the state and federal government for the assistance received. Persons who receive voluntary cooperation Medicaid services are not subject to the provisions of this section.
9.2. The amount assigned to the state as reimbursement for the cash public assistance, Medicaid benefits or foster care maintenance payments is governed by federal law. For obligees whose cash public assistance benefits began on or after July 1, 2009, the assignment of support is governed by 45 C.F.R. § 302.32, 45 C.F.R. § 302.50, 45 C.F.R. §302.51, 45 C.F.R. §303.72, and Action Transmittal 07-05 from the Federal Office of Child Support Enforcement, dated July 11, 2007.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-10 - Payment collected in excess of the amount due

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When an order of support has been established and an amount is collected which is in excess of the amount due and owing on all cases for the obligor, including all current support, arrearages, fees and costs, the excess collection is considered to be future support.
10.2. If the obligor owes an on-going support obligation, the future support shall be retained by the bureau until the next month's support is due, and shall be applied to that debt.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-11 - Documentation of support payments

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. W. Va. Code §
									48-18-115 requires that all support payments owed to an obligee who is a recipient of services from the bureau shall be paid through the bureau.
11.1.a. Except as provided below, when payments are made directly to the obligee, the obligee shall immediately provide the payment to the bureau for allocation and distribution.
11.1.a.1. The receipt of the following types of benefits paid on behalf of a child shall be reported to the bureau by the obligee but are not required to be redirected to the bureau for allocation and distribution:
11.1.a.1.A. Any benefits received on behalf of a minor child from the Social Security Administration;
11.1.a.1.B. Any benefits received on behalf of a minor child from the United States Department of Veterans Affairs;
11.1.a.1.C. Any benefits received on behalf of a minor child from the Railroad Retirement Board;
11.1.a.1.D. Any benefits received from the United States Department of Labor Black Lung Benefits program.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-12 - Relating to the receipt of Social Security benefits by the minor child

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A child's Social Security benefits based upon the disability of his or her parent may only be applied against the parent's current child support obligation or arrearage if a court of competent jurisdiction enters an order which specifically authorizes such a set-off.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-13 - Designation of Court-Ordered Support Amounts

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. When an order of support specifies that the monthly support amount is "per child", the number of children in the household shall be multiplied by the per child amount to determine the monthly support obligation.
13.1.a. As each child reaches the age or circumstances for emancipation or if a child moves from the home, the monthly support obligation shall be automatically reduced by the "per child" amount.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-14 - Payments from obligors or employers returned for insufficient funds

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. When the bureau receives a check that is dishonored due to insufficient funds, the bureau employee receiving notice of the dishonor shall cancel any disbursement pending within the bureau's payment system that is based upon the dishonored check.
14.2. If disbursement has already occurred to the obligee of any portion of the payment made by the dishonored check, the bureau shall send a demand letter to the maker of the check to demand payment of the disbursed portion of the check. This letter and the procedures to be followed by the bureau to attempt to collect any disbursed funds shall be in full compliance with W. Va. Code §
									55-16-1.
14.3. If, within a twelve-month period commencing from the date of the first notice of dishonor of a check, the bureau receives a second dishonored check from the same maker, the bureau shall advise the maker by certified letter that future payments of support shall be made in the form of a certified check, cashier's check or by money order.
14.3.a. If the maker continues to remit payments to the bureau using a personal check, or a business check if the maker is an employer, the bureau shall cash the check or checks but shall not disburse the funds from the check until the bureau receives confirmation that the check has been honored by the maker's financial institution.
14.3.b. Upon receipt of six consecutive payments honored by the maker's bank, the bureau shall again disburse payments upon receipt.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-15 - Checks reported as lost by the obligee or obligor

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. When an obligee or obligor reports that a check issued to him or her by the bureau has been lost, the bureau shall issue a replacement check if the lost check has not been cashed and the payee shall sign an appropriate affidavit stating the circumstances surrounding the loss of the check. If the affidavit is not signed in the presence of a bureau employee, the affidavit shall be signed before a Notary Public.
15.2. If the check has been cashed, the bureau shall not replace the check but shall cooperate with law enforcement to assist in the investigation of the crime if a report is filed by the obligee with his or her law enforcement agency.
West Virginia Code of State Rules › Agency 97 - Child Support Enforcement Division › Title 97 - LEGISLATIVE RULE BUREAU FOR CHILD SUPPORT ENFORCEMENT › Series 97-07 - Distribution of Support Payments › Section 97-7-16 - Refunds to an obligor

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. If the bureau receives properly withheld funds in excess of the amount due from an obligor, and the overpayment was caused by an error on the part of the bureau, the bureau shall refund the overpayment to the obligor, regardless of whether the overpayment has been collected from the obligee.
16.2. If the bureau receives funds in excess of the amount due from an obligor, and if the overpayment has already been disbursed to the obligee, and the overpayment was caused by a circumstance outside the control of the bureau, the bureau shall not refund the overpayment until the overpayment sum has been repaid by the recipient of the support payment. If any portion of the overpayment remains in the possession of the bureau, the bureau shall refund that portion of the overpayment.
16.2.a. Prior to issuing a refund to the obligor, the bureau employee assigned to the case shall attempt to contact the obligor to determine if he or she wishes to waive the return of the overpayment. If not waived, the funds shall be returned to the obligor within thirty days of the time that the obligee repays the bureau.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule sets forth the means by which the time, place and purpose of
				all regular and special meetings are made available in advance to the public
				and the news media, and also establishes bylaws of the West Virginia women=s
				commission.
1.2. Authority. -- W.
				Va. Code ''6-9A-3 and 29-20-5.
1.3.
				Filing Date. -- June 5, 1998.
1.4.
				Effective Date. -- August 1, 1998.
1.5. Application. -- This rule applies to the
				commission, its staff and all individuals desiring to attend or to address the
				West Virginia women's commission.
1.6. Enforcement. -- This rule is enforced by
				the chairperson of the West Virginia women's commission with the assistance of
				the executive director of the commission.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Meeting. --
				The convening of the West Virginia Women's Commission for which a quorum is
				required in order to make a decision or to deliberate toward a decision on any
				matter.
2.2. Quorum. -- A simple
				majority of the constituent member­ship of the commission.
2.3. Women's Commission or Commission. -- The
				West Virginia women's commission created in W. Va. Code '29-20-1.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-3 - Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The commission shall establish a regular meeting schedule and shall meet no
				less that four (4) times per year. The chairperson or executive director shall
				notify the public and the news media of a regular meeting by filing a notice of
				the meeting with the secretary of state for publication in the state register.
				Each notice shall state the date, time, place and purpose of the meeting and
				shall be filed in time to allow the notice to appear in the state register at
				least five (5) days prior to the date of the meeting.
3.2. The commission may without notice, move
				the location of a regular meeting to accommodate members of the public who wish
				to attend the meeting in the event the meeting room is too small to
				accommo­date the attendance.
3.3. All regular meetings are general
				meetings for the consideration of any and all matters which may properly come
				before the commission.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-4 - Special Meetings; Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Commission may convene special meetings
				in accor­dance with the procedures established in this rule.
4.2. Special meetings of the commission may
				be called by the chairperson, the executive director, or by two (2) members of
				the commission upon written request to the executive director.
4.3. The executive director shall send a
				written notice setting forth the time and place of a special meeting and the
				matters to be considered to all members at least five (5) days in advance of
				the special meeting, except that the written notice to members of the
				commission is not required if the time, the place, and matter for consideration
				have been fixed in a regular or a special meeting at which all members are
				present.
4.4. The executive
				director shall notify the public and the news media of a special meeting by
				filing a notice of the special meeting with the secretary of state for
				publication in the state register. The notice shall state the time, place and
				purpose of the meeting and shall be filed in time to allow the notice to appear
				in the state register at least five (5) days prior to the date of the
				meeting.
4.5. The provisions of
				this section do not apply in the event of an emergency requiring immediate
				official action by the commission. In the event of an emergency requiring
				immediate official action, the executive director may file an emergency meeting
				notice stating the time, place and purpose of the meeting and the facts and
				circumstances of the emergency with the secretary of state at any time prior to
				the meeting. The chairperson or the executive director shall notify members by
				telephone of an emergency meeting.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-5 - Cancellation of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Meetings may be canceled by the chairperson or the executive director one (1)
				or more days prior to the scheduled time of the meeting. In the event of a
				cancellation, the chairperson or the executive director shall notify all
				members informing them of the cancella­tion.
5.2. The executive director shall immediately
				upon cancellation file a public notice of the meeting cancellation with the
				office of the secretary of state.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-6 - Open Meetings; Exceptions; Executive Meeting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All meetings of the commission are open
				to the public, except as provided in W. Va. Code '6-9A-4.
6.2. The commission may hold an executive
				session only upon a majority affirmative vote of the members present.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-7 - Minutes and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The commission shall provide for the preparation of written minutes of all its
				meet­ings. All minutes shall be available to the public within a
				reasonable time after the meeting and shall include at least the following
				information:
7.1a. The date, time and place of
				the meeting;
7.1.b. The name of
				each commission member and whether he or she was present or absent;
7.1.c. The text and disposition of each
				motion, proposal, resolution, or measure proposed;
7.1.d. The name of the person who made the
				motion, proposal, resolution, or measure; and
7.6.e. 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 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-8 - Quorum; Majority Vote Required; Proxy Vote Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
A majority of the members of the commission constitutes a
				  quorum. The vote of a majority of all members present at any meeting of the
				  commission is necessary for the commission to take any action. Proxy voting is
				  prohibited.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-9 - Appointment, Election and Duties of Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The chairperson and vice chairperson are
				designated by the governor; the commission may elect other officers by majority
				vote of a quorum.
9.2. The
				commission may appoint an executive director to act as its executive director
				and other personnel consistent with the provisions of W. Va. Code
				'29-30-3.
9.3. The duties of the
				chairperson are to:
9.3.a. Preside at and
				conduct all meetings according to Robert's Rules of Order when such rules are
				applicable and not inconsistent with this rule;
9.3.b. Appoint members to serve on committees
				as may be created; and
9.3.c.
				Perform such other functions as pertain to the office of chairperson.
West Virginia Code of State Rules › Agency 98 - Womens Commission › Title 98 - WEST VIRGINIA WOMEN=S COMMISSION PROCEDURAL RULE › Series 98-01 - Meetings And Bylaws › Section 98-1-10 - Resignation of Members

Current through Register Vol. XLI, No. 28, July 12, 2024
A commission member desiring to resign shall send a letter of
				  resignation to the governor with a copy to the
				  chairperson.
West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-02 - Ranks And Duties Of Officers within The Membership Of The Division › Section 99-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the ranks and duties of officers within the membership of the
				division.
1.2. Authority. -- W. Va.
				Code §§
									15-2D-3(c)(1)(B).
1.3. Filing Date.--
1.4. Effective Date. -
West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-02 - Ranks And Duties Of Officers within The Membership Of The Division › Section 99-2-2 - Organizational Structure

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The ranks
				within the membership of the division shall be Director, Deputy Director,
				Capitol Police Officer, Lieutenant, Capitol Police Officer, Sergeant, and
				Capitol Police Officer.
West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-02 - Ranks And Duties Of Officers within The Membership Of The Division › Section 99-2-3 - Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The duties of the "Director" shall be
				those as described under West Virginia Division of Personnel Class
				Specifications 8950.
3.2. The
				duties of the "Deputy Director" shall be those as described under West Virginia
				Division of Personnel Class Specifications 8951.
3.3. The duties of the "Capitol Police
				Officer, Lieutenant" shall be those as described under West Virginia Division
				of Personnel Class Specifications 8954.
3.4. The duties of the "Capitol Police
				Officer, Sergeant" shall be those as described under West Virginia Division of
				Personnel Class Specifications 8953.
3.5. The duties of the "Capitol Police
				Officer" shall be those as described under West Virginia Division of Personnel
				Class Specifications 8952.
West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-05 - Contracted Police or Security Services › Section 99-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies the
				conditions under which the West Virginia Division of Protective Services may
				contract with entities for the performance of extraordinary police or security
				services and establishes the procedure to be followed.
1.2. Authority. -- W. Va. Code
				'15-2D-3.
1.3. Filing Date. -- June
				17, 2013.
1.4. Effective Date. --
				July 20, 2013.
West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-05 - Contracted Police or Security Services › Section 99-5-2 - Definitions for this rule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Compensatory day off" means time awarded to a member of the division as
				compensation for working on a designated state or national holiday or when a
				member has exhausted his allowable work hours under the Fair Labor Standards
				Act.
2.2. "Director" means the
				individual responsible for the control and supervision of the West Virginia
				Division of Protective Services.
2.3. "Equipment" means those items utilized
				by the division that are necessary to provide the security and protection
				duties as required in West Virginia Code '15-2D-3.
2.4. "Extraordinary duty" means time that a
				member of the division spends working on extraordinary police or security
				services.
2.5. "Extraordinary
				police or security services" means those services, determined by the director
				or his/her designee to be in the public interest, performed by a member of the
				division pursuant to a contractual agreement with a requesting entity when the
				service is not prohibited by law and when the service would not have been
				otherwise performed by the division.
2.6. "Member" means a non-probationary
				employee of the division, empowered under the provisions of W. Va. Code
				'15-2D-3.
2.7. "Officer in Charge
				of Field Operations" means that member of the division designated by the
				Director as the principal operational supervisor of field operations.
2.8. "Requesting entity" means a public,
				quasi-public, military, or private entity that applies for extraordinary police
				or security services pursuant to section three of this rule.
West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-05 - Contracted Police or Security Services › Section 99-5-3 - Application for Extraordinary Police or Security Services

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any entity that requests use of the
				Capitol complex through the West Virginia General Services Division, shall also
				submit a request for extraordinary police or security services. The West
				Virginia General Services Division shall inform the entity of the application
				requirement, explain to the entity how to apply, and inform the entity that the
				contracted police or security services may include additional costs.
3.2. All requests for extraordinary police or
				security services must be made to the Director and shall explain the need for
				services, funding source, and the authority under which the request is
				made.
3.3. The Director shall
				review all requests and decide whether approval shall be granted. The Director
				shall not grant approval for any request involving labor disputes.
West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-05 - Contracted Police or Security Services › Section 99-5-4 - Contract Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the
				Director grants approval to a requesting entity, pursuant to section three of
				this rule, the Director shall enter into a contract specifying all contracted
				extraordinary police or security services.
4.2. All contracts shall contain provisions
				that the requesting entity agrees to hold harmless and indemnify the State of
				West Virginia, the Division of Protective Services, and its employees and
				members from any liability arising from the contracted police or security
				services.
4.3. The total cost of
				the services and the number of hours contracted shall not exceed those outlined
				in the contract unless new terms are subsequently agreed to, in writing, by
				both parties.
4.4. The Director
				shall negotiate compensation rates for extraordinary police or security
				services on a man-hour basis and may also negotiate compensation for equipment
				and other additional division expenditures or costs.
4.5. The requesting entity shall pay for the
				contracted extraordinary police or security servicesby check, made payable to
				the West Virginia Division of Protective Services, within five (5) days of
				receipt of an itemized invoice.
4.6. West Virginia Division of Protective
				Services personnel shall make all law enforcement decisions encountered by
				members during extraordinary police or security services and the requesting
				entity shall not dictate or influence the decisions.
4.7. In the event that division members who
				are assigned to extraordinary police or security services are required to
				return to official duty in response to a public disaster or other emergency,
				neither the West Virginia Division of Protective Services nor any of its
				officers or members are liable for any damages incurred as a result of the
				reassignment.