reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 213 - Enterprise Resource Planning Board, WV › Title 213 - LEGISLATIVE RULE WEST VIRGINIA ENTERPRISE RESOURCE PLANNING BOARD › Series 213-01 - Enterprise Resource Planning System User Fee › Section 213-1-4 - Disposition of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All fees
				collected shall be deposited in the state treasury and credited to the
				"Enterprise Resource Planning System Fund" as authorized by W. Va. Code
				§
									12-6D-5 to be administered by the Board.
4.2. Expenditures from the Fund may be made
				for the purposes set forth in Article 6D, Chapter 12 in accordance with
				appropriations by the Legislature.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the conduct of the Underground Facilities Damage Prevention Board
				meetings. It is intended to comply with the requirements of the State
				Administrative Procedures Act and the State Freedom of Information
				Act.
1.2. Authority. -- W. Va. Code
				§
									24C-1-1
et
				seq.
1.3. Filing Date. --
				June 29, 2020.
1.4. Effective
				Date.-- July 30, 2020.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Underground
				Facilities Damage Prevention Board or Board" means the public body created by
				the West Virginia Legislature in W.Va. Code §
									24C-1-1
et
				seq.
2.2. "Administrative
				Procedures Act" means the statute, W.Va. Code §
									6-9A-1
et seq.,
governing the conduct of public meetings held by any
				administrative or legislative unit of state, county or municipal government
				including any subunit or committee authorized by law to exercise some portion
				of executive or legislative power.
2.3. "Freedom of Information Act" means the
				statute, W. Va. Code §
									29B-1-1
et seq.
, governing the availability of public records to the
				public.
2.4. "Person" includes any
				natural person, corporation, partnership, firm or association.
2.5. "Public record" means any writing
				containing information prepared or received by a public body, the content or
				context of which, judged either by content to context, relates to the conduct
				of the public's business.
2.6.
				"Quorum" means a simple majority of the members of the Board which is required
				in order to take any official action by the Board. Board members who attend and
				vote at any meeting by telephone are officially in attendance and are counted
				toward establishment of a quorum.
2.7. "Writing" means, in the context of a
				public record, any books, papers, maps, photographs, cards, tapes, recordings
				or other documentary materials regardless of physical form or
				characteristics.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-3 - Parliamentary Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Meetings of the Board will be conducted in accordance with Roberts Rules of
				Order. The Executive Secretary is Parliamentarian unless the Boards elects a
				Board member as Parliamentarian.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-4 - Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Board will hold at least two meetings a year, or as often as necessary to
				conduct the business of the Commission.
4.2. Business to come before the Board will
				be placed on an agenda and properly posted in accordance with this rule and the
				Open Meetings Act. Matters, not on the agenda, which are brought up for
				discussion during the meeting which require action by the Board, will be
				addressed at a future meeting.
4.3.
				Notice of all regular meetings must be posted at least five (5) business days
				prior to the date of the meeting on the Secretary of State's website, on the
				Board's website (need to imbed the link) and other locations the Board may
				designate. The notice must include the date, time and place of the
				meeting.
4.4. The agenda for all
				regular meetings must be posted three (3) days prior to the date of the
				meeting. It may be posted in a central location in the Board's office and on
				the Board's website. A link to the Board's website may be posted on the
				Secretary of State's website if authorized by the Administrative Law Division
				of the Secretary of State's office.
4.4.1.
				The agenda may be amended up to three (3) days before the meeting date and
				posted in the same manner as the original agenda was posted.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-5 - Special Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Special meetings of the Board may be called by the Chairman or Chairwoman of
				the Board when a matter must be addressed before the next regularly scheduled
				meeting of the Board but do not rise to the level of an emergency.
5.2. Notice of any special meeting must be
				posted at least five (5) business days prior to the date of the meeting on the
				Secretary of State's website, on the Board's website (need to imbed the link)
				and other locations the Board may designate. The notice must include the date,
				time and place of the meeting.
5.3.
				The agenda for all special meetings must be posted two (2) days prior to the
				date of the meeting. It may be posted in a central location in the Board's
				office and on the Board's website. A link to the Board's website may be posted
				on the Secretary of State's website if authorized by the Administrative Law
				Division of the Secretary of State's office.
5.3.1. The agenda may be amended up to three
				(3) days before the meeting date and posted in the same manner as the original
				agenda was posted.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-6 - Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Emergency meetings may be called by the Chairman or Chairwoman in the event
				that a matter requires immediate official action by the Board's. Notice of the
				meeting must be given as soon as practicable prior to the meeting date in the
				same manner as other meeting notices. The notice must state the time, place and
				purpose of the meeting and the facts and circumstances of the emergency. The
				agenda is limited to the emergency matter.
6.2. Emergency matters may be added to a
				scheduled meeting agenda by amending the agenda. The amended agenda must
				provide the facts and circumstances which warrant adding the emergency item to
				the agenda.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-7 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Secretary
				of the Board prepare written minutes of all Board meetings. The minutes must
				contain at a minimum:
7.1.1. The date, time
				and place of the meeting.
7.1.2.
				The name of each Board member and staff member in attendance.
7.1.3. All motions, proposals, resolutions,
				and measures proposed, the name of the Board member proposing the same, and its
				disposition.
7.1.4. The results of
				all votes and, upon the request of any Board member, the vote of each member by
				name.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-8 - Open Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All
				meetings of the Board will be open to the public, except when the Board holds
				an executive session pursuant to W. VA. Code §
									6-9A-4.
8.2. Any person desiring to address the Board
				at any meeting may do so provided that such person registers to address the
				Board at least 15 minutes prior to the scheduled meeting time.
8.3. The Board may remove a member of the
				public from a meeting who the Board determines is disrupting the meeting to the
				extent that the orderly conduct of the meeting is compromised.
8.4. The Board will create and enforce
				reasonable guidelines for public attendance at any meeting where there is not
				enough room for all members of the public who wish to attend.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-9 - Executive Session

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board
				may enter into executive session upon a motion by a Board member. The motion
				must state the reason or reasons for going into executive session as provided
				in W. Va. Code §
									6-9A-4. This includes,
				discussion of personnel matters or pending litigation; to consider matters
				involving the purchase, sale or lease or real property, or to plan or consider
				an official investigation.
9.2. The
				matter or matters under discussion during executive session may not be voted on
				during executive session. The vote, which is an official action of the Board
				must be open to the public. However, the Board may vote to give its attorney
				settlement authority to enter into negotiations and provide a settlement range
				in executive session. If a settlement is reach, then the settlement agreement,
				including the amount, becomes a matter of public record unless sealed by a
				court.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-01 - Board Meetings, Organization, and Operation › Section 214-1-10 - Public records of the Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The written records of the business of
				the Board are public records and subject to the requirements of the West
				Virginia Freedom of Information act, W. Va. Code §
									29B-1-1
et seq.
10.2. All
				requests for records under the Freedom of Information Act must be sent to the
				Executive Secretary, who is the official custodian of the records, at 206
				Berkley Street, Charleston, WV 25302.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
				-- This rule establishes the procedures for complaints, informal dispositions
				of complaints, and formal hearings before the West Virginia Underground
				Facilities Damage Prevention Board.
1.2. Authority. -- W.Va. Code
				§24C-1-2a and W.Va. Code
				§24C-1-9(e)(1)
1.3. Filing Date. -- JUNE 1, 2023.
1.4. Effective Date. -- JULY 01,
				2023.
1.5. Applicability. -- This
				rule applies to any person that is subject to the jurisdiction of the one-call
				system and the West Virginia Underground Facilities Damage Prevention
				Board.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-2 - Filing of a Complaint

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any
				person may file a complaint with the Board alleging a violation of W.Va. Code
				24C-1-1 et seq. The complainant
				shall file the complaint in writing, the complaint shall be verified, and shall
				include, at a minimum, the following:
2.1.a.
				Complainant's Name.
2.1.b.
				Complainant's Business, if any.
2.1.c. Complainant's Email Address.
2.1.d. Complainant's Physical
				Address.
2.1.e. Complainant's Phone
				Number.
2.1.f. Date of
				Complaint.
2.1.g. Date of Alleged
				Violation.
2.1.h. Location of
				Alleged Violation.
2.1.i. Type of
				Alleged Violation.
2.1.j.
				Documentary Evidence, if any.
2.1.k. Name of Alleged Violating Entity (if
				known).
2.1.l. Violator's Phone
				Number (if known).
2.1.m.
				Violator's Email Address (if known).
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-3 - Investigation of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board shall conduct any reasonable
				inquiry or investigation it considers necessary to determine the truth and the
				validity of the allegations set forth in a verified complaint in a manner
				consistent with the provisions of W.Va. Code §24C-1-1 et seq.
3.2. Any person who is found to have violated
				the provisions of W.Va. Code §24C-1-1 et seq. by failing to
				notify the one-call system shall be issued a citation and subject to training
				required by the Board, the civil penalties provided for in W.Va. Code
				§24C-1-9, or both.
3.3. A citation issued to a person shall be
				set forth in the name of the Board.
3.4. Any person to whom a citation is issued
				who (a) challenges the validity of or the verified allegations contained within
				a citation, (b) does not complete the training as ordered, or (c) who does not
				satisfy the civil penalties, may, within 30 days of the receipt of a citation,
				request a hearing before the Board.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-5 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be transcribed.
				The Board shall have the responsibility to make arrangements for the
				transcription of the reported testimony and evidence, and each party to the
				hearing shall bear their own expense in obtaining a copy of such
				transcription.
5.2. A transcript of
				the hearing shall be provided to all members of the Board for review at least
				ten (10) days before the vote is taken on its decision in any matter.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-6 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-7 - Conferences; Informal Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any
				time during an investigation, the Board may dismiss the complaint if it
				determines that there is not sufficient evidence to warrant further
				proceedings.
7.2. At any time prior
				to the hearing or thereafter, the Board may hold conferences for the following
				purposes:
7.2.1. To dispose of procedural
				requests, prehearing motions or similar matters;
7.2.2. To simplify or settle issues by
				consent of the parties; or,
7.2.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-8 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any final
				order entered by the Board following a hearing conducted pursuant to these
				rules shall be made pursuant to the provisions of W.Va. Code
				§29A-5-3. Such orders shall be
				entered within forty-five (45) days following the submission of all documents
				and materials necessary for the proper disposition of the case, including
				transcripts, and shall contain findings of fact and conclusions of
				law.
8.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a poll
				or vote at a meeting before a final order is entered. A copy of the final order
				approved by a majority of the Board shall be served upon the demanding party
				and/or his or her attorney of record, if any, within ten (10) days after entry
				by the Board by personal service or by registered or certified mail.
West Virginia Code of State Rules › Agency 214 - Underground Facilities Damage Prevention Board › Title 214 - PROCEDURAL RULE WEST VIRGINIA UNDERGROUND FACILITIES DAMAGE PREVENTION BOARD › Series 214-02 - Rules of Procedures for Complaints and Contested Cases Before the West Virginia Underground Facilities Damage Prevention Board › Section 214-2-9 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of W.Va. Code §29A-6-1 et seq.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule implements the
				second of two civil service systems in West Virginia, in accordance with the
				provisions in W. Va. Code § 5F-2-8 establishing employment procedures for
				promotions, appointments, and other matters consistent with establishment of a
				merit based employment process for the Department of Transportation.
1.2. Authority. -- W. Va. Code
				§ 5F-2-8.
1.3. Filing Date. --
				04/04/2022
1.4. Effective Date. --
				04/04/2022
1.5. Sunset Provision
				-This rule shall terminate and have no further effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-3 - Classification Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Class
				Specifications.
3.1.1. A class specification
				is a general description of the kinds of work characteristic of positions
				properly allocated to that class and does not prescribe the duties of any
				position. It does not limit the expressed or implied authority of the agency
				head to prescribe or alter the duties of any position.
3.1.2. Class specifications are descriptive
				and are not restrictive. The fact that all of the actual tasks performed in a
				position do not appear in the specifications of a class to which the position
				has been allocated does not mean that the position is necessarily excluded from
				the class, nor shall any one example of a typical task taken without relation
				to the other parts of the specification be construed as determining that a
				position should be allocated to the class.
3.1.3. The statement of minimum
				qualifications expresses the lowest acceptable level of education, experience,
				licensure, and professional standards generally necessary for an employee to
				successfully perform the required duties of positions in the job class. The use
				of a particular expression of qualifications, requirements, or other attributes
				shall not be held to exclude others not mentioned.
3.1.4. In cases of recruitment difficulties
				or unique position requirements, the Division, in collaboration with the agency
				head, may use its discretion in interpreting minimum experience, training,
				licensure, and professional standards.
3.1.5. The Division shall consider class
				specifications as a primary source of authority for the content of examinations
				for the class and for the evaluation of qualifications of applicants.
				Supplemental job information may be used as a further basis for examinations
				and minimum qualification standards. Provisions for the substitution of related
				experience, education, or other qualifications for specific education or
				experience requirements may be made in specific examination announcements for
				particular positions, even though these provisions are not part of the class
				specification.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-5 - Applications and Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Character
				of Examinations.
5.1.1. Examination procedures
				for appointment to a position in the classified service shall be conducted on
				an open competitive basis. Examination procedures shall be developed to reveal
				the capacity of the applicant to perform the duties of the position or job
				class for which he or she is competing.
5.1.2. Examinations shall, to the extent
				possible, be developed on the basis of objective analysis of the job and with
				the participation of appropriate job experts in the affected agencies and may
				include written tests, performance tests, ratings of training and experience,
				oral examinations, or other assessment procedures related to the content of the
				job duties and job performance and will be administered without prejudice to
				all applicants in consideration for the position.
5.1.3. All examination scoring and weighting
				procedures shall be consistently applied and based on objective job
				criteria.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-6 - Registers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Establishment of Registers.
6.1.1. Competitive Registers. -- After each
				examination, the Division shall prepare a register of persons with passing
				grades. The names of these persons shall be placed on the register in the order
				of their final ratings starting with the highest, except for the Transportation
				Worker 1 classification and internal applicants.
6.1.2. Preference Registers. -- After the
				layoff of permanent classified employees, the Division shall prepare registers
				of qualified permanent classified employees who have been laid off. The names
				of these employees shall be arranged on the appropriate registers in order of
				tenure upon which the order of layoffs was based.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-7 - Certification of Eligibles

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Request for
				Certification. -- If a vacancy occurs in any position in an agency or if new
				positions are established and new employees are needed, requisitions shall be
				submitted by the agency head to the Division in the manner prescribed by the
				Division. This requisition shall state the number of positions to be filled in
				each class, identifying each class title and all other pertinent
				information.
7.2. Certification
				Methods.
7.2.1. Nothing in this subdivision
				shall be construed as altering the exhaustion point of a register as described
				in this rule.
7.2.1.a. Upon receipt of a
				request, the Division shall first certify and submit the names of all available
				eligibles from the appropriate preference register. If no appropriate
				preference register exists or there are no available qualified eligibles on the
				appropriate preference register, then the Division shall certify and submit to
				the agency head the names of any persons meeting the minimum qualifications for
				the classification. The Division may certify additional names at its discretion
				to compensate for possible unavailable eligibles.
7.2.1.b. If the competitive register
				established as a result of a Division examination for a specific class of
				position is exhausted, the Division may certify additional names from the
				register, or registers, most appropriate. If there is no register which the
				Division considers appropriate, then the Division may certify and submit names
				from a register established as described in this section.
7.2.1.c. Appointments may be made from a
				certification anytime within 60 days of the date of the certification, after
				which the certification is void. An extension may be granted by the Division
				upon request.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-8 - Appointments

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Appointments to Positions Added to the
				CCCP Classified Service.
8.1.1. When an agency
				or parts of an agency are added to the classified service through affiliation
				by action of the legislature, executive order of the Governor, or with the
				consent of the Division and the agency head concerned, a date for the addition
				shall be fixed by agreement.
8.1.2.
				All appointments made on and after that date to the positions added to the
				classified service shall be made in accordance with this rule.
8.1.3. The Division shall administer
				qualifying examinations to any person employed in a position added to the
				classified service. If recommended by the agency head, the Division may admit
				an employee to a qualifying examination for the class to which his or her
				position is allocated. A person passing the qualifying examination may be
				selected for probationary employment. The qualifying examinations shall be
				completed within six months after the date of addition of the position to the
				classified service. The examinations shall include appropriate assessment(s) of
				the person's job-related competencies.
8.1.4. In making the appointments provided
				for in this section of this rule the agency head may count employment in the
				agency immediately prior to the appointments as part or all of the probationary
				period required under Section 9. of this rule. The agency head shall promptly
				report to the Division his or her decision for the records.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-9 - Probationary Period

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Nature,
				Purpose, and Duration.
9.1.1. The probationary
				period is a trial work period designed to allow the agency an opportunity to
				evaluate the ability of the employee to effectively perform the work of his or
				her position and to adjust himself or herself to the organization and program
				of the agency. It is an integral part of the examination process, and the
				agency is to use the probationary period for the most effective adjustment of a
				new employee and the elimination of those employees who do not meet the
				required standards of work.
9.1.2.
				Agencies will make all original appointments to permanent positions from
				officially promulgated registers for a probationary period of not more than one
				year. The Division shall fix the length of the probationary period for each
				class of position. The agency shall notify the Division when a probationary
				period has been completed and permanent status has been granted.
9.1.3. Time spent by probationary employees
				on unpaid leave of absence, disciplinary suspension, or non-disciplinary
				suspension resulting in separation from employment through resignation,
				transfer or dismissal extends the probationary period
				correspondingly.
9.1.4. The
				probationary period for part-time employees shall be for an equivalent amount
				of work hours as that for a full-time employee in the same classification i.e.,
				a six-month probationary period for a full-time employee would typically equate
				to 1,040 hours.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-10 - Promotions, Demotions and Transfers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Method of Making Promotions.
10.1.1. In filling vacancies, agencies must
				make an effort to achieve a balance between promotion from within the service
				and the introduction into the service of qualified new employees. Whenever
				practical and in the best interest of the service, an agency may fill a vacancy
				by promotion, after consideration of the eligible permanent employees in the
				agency or in the classified service based on demonstrated capacity and quality
				and length of service.
10.1.2. The
				agency must certify that a candidate for promotion possesses the qualifications
				for the position as set forth in the specifications for the class of position
				for which he or she is a candidate and may require the candidate to qualify for
				the new position by a promotional competitive or non-competitive examination
				administered by the Division.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-11 - Separations, Suspension, and Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Resignation.
11.1.1. An employee who resigns shall present
				the reasons for the resignation in writing to the agency. The agency shall
				forward a copy of the resignation to the Division which shall record the
				resignation. If a written resignation cannot be obtained, the agency shall
				notify the Division in writing of the resignation of the employee and the
				circumstances of the resignation.
11.1.2. The agency shall notify the Division
				when an employee resigns in lieu of being dismissed. The notice shall specify
				the reasons for the intended dismissal. Employees informed of contemplated
				dismissal who choose to resign prior to issuance of formal notice or employees
				permitted to resign through settlement after being dismissed are not separated
				in good standing, and the employee is ineligible for reinstatement and may be
				disqualified from employment in the classified service as provided in
				subsection 5.4. of this rule. Provided, that employees resigning in lieu of
				dismissal for failure to return to work from medical leave of absence without
				pay, maintain required licensure, or meet probationary performance expectations
				shall not be disqualified from future employment except as provided in
				subsection 9.4. of this rule.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-13 - Performance Evaluations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division shall establish and make effective a system of
				  performance evaluation designed to provide a valid evaluation of the quality
				  and quantity of work performed by employees. Insofar as practicable, the system
				  of performance evaluation in the classified service shall be standardized. The
				  appointing authority shall prepare and record evaluations for all permanent
				  employees at regular intervals not to exceed 12 months. The agency shall
				  consider performance evaluations as well as other recorded indicators of
				  performance in determining salary advancements and in making promotions,
				  demotions, and dismissals. The agency shall notify an employee of his or her
				  performance evaluation in writing and shall retain copies of performance
				  evaluations in the employee's personnel record.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-15 - Employment Conflicts

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Other
				Employment and Certain Volunteer Activity. No employee shall hold other public
				office, have conflicting employment, or participate in conflicting volunteer
				activity while in the classified service. Determination of the conflict shall
				be made jointly by the agency and the Division, or may be specifically
				delegated by the Division to the agency, who shall consider whether the other
				employment or volunteer activity:
(1) will be
				in conflict with the interests of the agency;
(2) will interfere with the performance of
				the employee's official duties;
(3)
				will use or appear to use information obtained in connection with official
				duties which is not generally available to the public; or,
(4) may reasonably be regarded as official
				action.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-16 - Payroll

Current through Register Vol. XLI, No. 28, July 12, 2024
No state disbursing or auditing officer shall make, approve,
				  or take any part in making or approving any payment for personal service to any
				  person holding a position in the classified service unless the person has been
				  appointed and employed in accordance with the provisions of this rule. An
				  agency may not modify the wages of a person in the classified service unless
				  the agency head has approved the modification in accordance with the provisions
				  of this rule. The agency head may for proper cause withhold certification from
				  an entire payroll or from any specific item or items on the payroll. The agency
				  head may, however, provide that certification of payrolls may be made once
				  every six months, and the certification shall remain in effect except in the
				  case of any officer or employee whose status has changed after the last
				  certification of his or her payroll. In the latter case no voucher for payment
				  of salary to the employee shall be issued or payment of salary made without
				  further certification by the agency head. If the agency head wrongfully
				  withholds certification of the payroll voucher or account of any employee, the
				  employee may maintain a proceeding in the courts to compel the agency head to
				  certify the payroll voucher or account.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-17 - Records and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
Agency and Division Records. -- Each agency shall establish
				  and maintain a personnel record for each employee, showing the employee's name,
				  title, organizational unit, salary, changes in status, performance evaluations,
				  and such other personnel information as may be considered pertinent. The
				  Division is the custodian of records for agency employee personnel files. The
				  Division shall maintain applications for examination for at least one year
				  after the date of the application. All personnel records, whether held by the
				  agency or the Division, shall be held confidential by each agency and the
				  agency head in accordance with Section 18 of this rule. A complete and accurate
				  copy of the employee's personnel file shall be provided by the previous
				  employer upon inter-departmental transfer or other appointment of the employee
				  by another State agency.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-18 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
The business of the Department shall be conducted in such a
				  manner as to ensure the privacy rights of all applicants and employees, in
				  accordance with W. Va. Code §
									29B-1-1
et seq
., the State
				  Freedom of Information Act and §
									5A-8-1
et seq.,
the
				  Public Records Management and Preservation Act. Examination scoring keys,
				  applicant and employee residential addresses and phone numbers, applicant and
				  employee medical information, and other information which the Division may deem
				  confidential shall be maintained under strictest confidentiality and released
				  only upon proper written authorization of the applicant or employee, or by
				  order of a court of competent jurisdiction, or in defense of the agency upon a
				  related matter.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-19 - Training and Development

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Agency
				Responsibilities. -- Each agency is responsible for providing functional
				training to employees of the agency based upon the agency's needs and resources
				and the employees' needs and capabilities. Selection of employees for training
				and development shall ensure equal opportunity and shall not discriminate on
				the basis of race, sex, age, religion, national origin, political affiliation,
				disability or for other reason(s) explicitly prohibited by federal or State
				law.
19.2. Division
				Responsibilities. -- The Division shall:
19.2.1. Make available to all DOT agencies
				technical assistance in the areas of performance improvement, organization, and
				human resource development, needs assessment, determination of appropriate
				development strategies, course design, training techniques, and training
				evaluation; and
19.2.2. Provide
				training courses for supervisors and managers on specific aspects of personnel
				administration under state law and this rule, and shall designate employees by
				class, or by duties, who must attend each type of course.; and
19.2.3. Make available to the agencies
				training and development opportunities that are broadly applicable to many
				classes in all agencies. Employee selection for the training and development
				opportunities shall be consistent with established agency and Division
				nomination procedures.
West Virginia Code of State Rules › Agency 217 - Transportation, Department of › Title 217 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION › Series 217-01 - Employment Procedures › Section 217-1-20 - Employee Representative Organization Bulletin Boards

Current through Register Vol. XLI, No. 28, July 12, 2024
A bulletin board of a limited size shall be provided for
				  posting notices of employee representative organizations. The bulletin board
				  shall be placed in convenient and generally accessible locations in all
				  workplaces where the members of the organizations are employed. Provisions
				  shall be made for separate bulletin boards for each employee representative
				  organization. The cost of the bulletin board shall be assumed by the requesting
				  employee or the employee's representative organization. The bulletin boards
				  shall be used exclusively by the employee representative organization and for
				  organization purposes only.
West Virginia Code of State Rules › Agency 220 - Multimodal Transportation Facilities › Title 220 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION DIVISION OF MULTIMODAL TRANSPORTATION FACILITIES › Series 220-01 - VALUATION OF USED ROLLING STOCK AND EQUIPMENT › Section 220-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule sets forth the methods for determining the value of used
				rolling stock or equipment to be purchased by the West Virginia Division of
				Multimodal Transportation Facilities.
1.2. Authority. -- 17-16F-5(b);
				17-16F-13(f).
1.3. Filing Date. --
				April 12, 2024
1.4. Effective Date.
				-- August 1, 2024
1.5. Sunset
				Provision. - This rule shall terminate and have no further force or effect on
				August 1, 2029.
West Virginia Code of State Rules › Agency 220 - Multimodal Transportation Facilities › Title 220 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION DIVISION OF MULTIMODAL TRANSPORTATION FACILITIES › Series 220-01 - VALUATION OF USED ROLLING STOCK AND EQUIPMENT › Section 220-1-2 - Valuation of Used Rolling Stock and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. In accordance with W. Va. Code §
									17-16F-13(f), the
				Division of Multimodal Transportation Facilities may acquire rolling stock and
				equipment with a value of $1,000,000.00 or less without following the
				provisions of W. Va. Code §5A-3,
et. seq
. With the
				exception of used rolling stock or equipment, all other purchases will be
				conducted in accordance with the provisions of W. Va. Code §5A-3
et. seq
.
2.2. The
				procedure for determining the value of rolling stock and equipment is as
				follows:
2.2.a. Two persons qualified by
				knowledge, training, skill, or experience in the railroad industry shall be
				selected by the Commissioner for assignment to inspect the proposed rolling
				stock and equipment for use in operations of the Division of Multimodal
				Transportation Facilities. These persons shall report the condition of the
				rolling stock and equipment to the Commissioner of the Division of Multimodal
				Transportation Facilities.
2.2.b.
				The Commissioner shall verify the current market value with railroad equipment
				dealers, brokers or other railroads. The Commissioner shall obtain a
				verification of current market value from dealers, brokers or other railroads.
				The dealers, brokers or railroads contacted by the Commissioner shall submit a
				written verification of the current market value of similar equipment. The
				Commissioner shall document these findings and may purchase the equipment if
				the Commissioner determines that the rolling stock and equipment is a valuable
				asset at a fair price.
2.2.c. The
				Division of Multimodal Transportation Facilities shall maintain a signed price
				quote from the vendor, the Commissioner's justification, and the statements of
				value from the independent dealers, brokers or railroads on file at the office
				of the Division of Multimodal Transportation Facilities.
West Virginia Code of State Rules › Agency 220 - Multimodal Transportation Facilities › Title 220 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION DIVISION OF MULTIMODAL TRANSPORTATION FACILITIES › Series 220-02 - Aviation Grant Process › Section 220-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				procedural rule governs the process for application, eligibility, and awarding
				of Direct Grants and Matching Funds Grants for Airports of West
				Virginia.
1.2. Authority. - W.Va.
				Code §
									17-16F-5(b).
1.3. Filing Date. - September 29,
				2023
1.4. Effective Date. -
				November 1, 2023
West Virginia Code of State Rules › Agency 220 - Multimodal Transportation Facilities › Title 220 - LEGISLATIVE RULE DEPARTMENT OF TRANSPORTATION DIVISION OF MULTIMODAL TRANSPORTATION FACILITIES › Series 220-02 - Aviation Grant Process › Section 220-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Airport"
				means a transportation facility used for the takeoff and landing of aircraft,
				which are included in the Federal Aviation Administration (FAA) National Plan
				of Integrated Airport Systems (NPIAS).
2.2. "Annual Cycle" means the fiscal year
				that the state government follows, running from July 1 of the preceding
				calendar year to June 30.
2.3.
				"Applicant" means an Airport, ARFF, CAP, or other entity authorized by law to
				be a recipient of Direct Grants, Matching Funds Grants, or Special
				Grants.
2.4. "Approved" means
				acceptable to the Commissioner.
2.5. "ARFF" means the Aircraft Rescue and
				Firefighting simulator(s) operated by the West Virginia University Fire Service
				Extension agency, or its successor.
2.6. "CAP" means the West Virginia Civil Air
				Patrol operating as a state branch of the congressionally chartered, federally
				supported non-profit corporation that serves as the civilian auxiliary of the
				United States Air Force (USAF).
2.7. "Commissioner" means the Commissioner of
				the Division of Multimodal Transportation Facilities.
2.8. "DMTF" means the Division of Multimodal
				Transportation Facilities, a state agency created, authorized and empowered by
				W. Va. Code §
									17-16F-1
et
				seq.
2.9. "DMTF Airport
				Advisory Committee" means a panel composed of five (5) members being the
				Secretary of the West Virginia Department of Transportation, the Commissioner
				of the DMTF, the President of the West Virginia Airport Managers Association,
				and two (2) at-large members as appointed by the Secretary.
2.10. "FAA" means the United States Federal
				Aviation Administration.
2.11.
				"Record" means any books, papers, maps, photographs, cards, tapes, recordings
				or other documentary materials regardless of physical form or
				characteristics.
2.12. "Secretary"
				means the Cabinet Secretary, or Deputy Secretary acting at the direction of the
				Secretary, for the West Virginia Department of Transportation.
2.13. "State Legislature" means the West
				Virginia State Legislature organized and empowered by the West Virginia State
				Constitution.