reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-06 - Charges Assessed Against Inmates For Services Provided By State Medical Co-Payment › Section 90-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The purpose of this policy is to
						enact a program, in compliance with H.B. 4221, for charging inmates for certain
						services. It shall be the policy of the West Virginia Division of Corrections
						(WVDOC) to provide medical services to incarcerated individuals in compliance
						with current West Virginia Law and in such a manner to respect human dignity. It
						shall be the policy of the WVDOC to require a co-payment for certain medical
						services of a non-emergency nature provided by the state or by the contractual
						health care provider.
Policy Goals B (1) To encourage responsible utilization of
							Health Services by the inmate population when requesting medical, psychological,
							dental and optometrical services (2) to enable medical personnel to devote time
							to essential medical functions, and (3) to minimize frivolous sick call
							requests.
1.2. Authority. --
						W. Va. Code '25-1-8.
1.3. Filing
						Date. -- February 4, 1999.
1.4.
						Effective Date -- March 8, 1999.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-06 - Charges Assessed Against Inmates For Services Provided By State Medical Co-Payment › Section 90-6-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Co-payment: The fee paid by the inmate for
						health care services for assessment of complaint and or treatment by a licensed
						health care provider while incarcerated and serving a state sentence.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-06 - Charges Assessed Against Inmates For Services Provided By State Medical Co-Payment › Section 90-6-3 - Inmate Notification and Medical Access

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
						Each institution will inform all inmates prior to implementation of the inmate
						medical co-payment procedure.
3.2.
						Written procedures will ensure that inmates have the opportunity to request
						medical assistance in accordance with the Institution Operation
						Procedures.
3.3. No inmate will be
						denied necessary medical treatment because of insufficient funds to cover
						co-payment.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-06 - Charges Assessed Against Inmates For Services Provided By State Medical Co-Payment › Section 90-6-4 - Procedures for Request of Health Care Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
						Health care services requests are made through established institutional
						procedures. Each institution shall maintain and make available to inmates all
						procedures and pertinent information regarding access to health care.
4.1.a. The inmate requesting health care
						services must follow the policies and procedures of the facility or
						institution.
4.1.b. Charges for
						services will be levied against the inmate's account. In those cases where the
						inmate has insufficient funds, the inmate's account will be placed in a negative
						balance. If, in the future, funds are placed in the account the medical fees will
						be deducted at that time. Upon transfer to another WVDOC institution or facility
						any negative balance will follow the inmate to the receiving institution or
						facility and shall be collected by that institution. Funds collected for medical
						services will be periodically redeposited in state appropriated funds under
						medical line item.
4.1.c. Referral to
						the doctor from the nurse or physicians assistant will not be an additional
						charge, however, requested referrals to see the doctor by the inmate after seeing
						the nurse or physicians assistant will result in the inmate being charged for the
						nurse/physicians assistant and doctor visit.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-06 - Charges Assessed Against Inmates For Services Provided By State Medical Co-Payment › Section 90-6-5 - Exempt Areas for Co-payment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Emergency
						Services: Emergency services are those necessary to prevent death, severe or
						permanent disability, to alleviate or lessen objectively apparent and disabling
						pain, or an emergency service following a traumatic injury other than a
						self-induced injury.
5.2. Diagnosis
						and Treatment of Communicable Diseases: Communicable diseases include
						tuberculosis (TB), the Human Immuno­deficiency Virus (HIV) and Acquired
						Immunodeficiency Syndrome and other communicable diseases as defined by the West
						Virginia department of Health.
5.3.
						Diagnosis and necessary mental health treatment based on a clinical determination
						of mental illness.
5.4. Follow-up
						Health Care Services: Follow-up health care services are defined as any order by
						a member of the health care staff to provide subsequent health care
						services.
5.5. Health Care Services
						Necessary to Comply with West Virginia Law and Regulations: These health care
						services include, but are not limited to, the annual inmate TB testing.
5.6. Reception Center Health Screening and
						Evaluations.
5.7. Inpatient Services:
						Inpatient services include hospitalization, extended care, e.g. hospice care, and
						skilled nursing services.
5.8.
						Chronic Care Clinics: Patients participating in chronic care clinics after being
						diagnosed and assigned to a specific chronic care clinic or clinics, e.g.
						cardiac, hypertensive, diabetic lung. Unexcused missed scheduled chronic care
						appointments will be chargeable.
5.9.
						Excusable Missed Appointment: No charge will be entered for excused missed
						appointments due to security reasons such as lock downs, emergency situations,
						conflicting court appointment, dental, medical, mental health or absence of
						health care provider.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-06 - Charges Assessed Against Inmates For Services Provided By State Medical Co-Payment › Section 90-6-6 - Co-payment Chargeable Encounters and Items

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
						The following Health Services will require payment:
6.1.a. Nurse sick call or visit.
6.1.b. Any non-emergency visit to the health
						care unit for treatment by a nurse.
6.1.c. Any self-induced injury or illness
						requiring nurse, doctor or other specialist.
6.1.d. Missed unexcused scheduled appointment,
						to include doctors call, optometry, x-ray, dental or chronic care
						clinic.
6.1.e. New complaint
						presented at chronic care clinic or other appointment, not related to the
						appointment.
6.1.f. Scheduled
						non-referred doctors call.
6.1.g.
						Scheduled non-referred optometric visit.
6.1.h. Non-emergency/scheduled dental
						visit.
6.1.i. Prescription fee per
						prescription excluding chronic care prescriptions for chronic care
						patients.
6.1.j. Other medical
						services as defined by the Commissioner or his/her designee.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-07 - Monitoring Inmate Mail › Section 90-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
						establishes the policy and delineates guidelines for the monitoring, reading and
						copying both incoming and outgoing mail in the adult correctional centers under
						the jurisdiction of the Commissioner of the West Virginia Division of
						Corrections.
1.2. Authority. -- W.
						Va. Code §
									25-1-18.
1.3. Filing
						Date. -- April 1, 2010.
1.4.
						Effective Date. -- April 5, 2010.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-07 - Monitoring Inmate Mail › Section 90-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Attorney" means a person admitted and
						licensed to practice law in the State of West Virginia or a law student currently
						enrolled in an accredited law school and working under the direct supervision of
						an attorney licensed to practice law in the State of West Virginia.
2.2 "Attorney-client" mail means that
						correspondence between an attorney retained or appointed to represent an adult
						felon in the custody of the Division of Corrections.
2.3. "Inmate" means those persons serving a
						sentence of incarceration in the custody of the Commissioner of
						Corrections.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-07 - Monitoring Inmate Mail › Section 90-7-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 All incoming and outgoing mail except
						privileged attorney-client mail will be searched and inspected for contraband as
						defined by Division of Corrections policy and operating procedures at each
						institution.
3.2. Mail to or from an
						inmate's attorney shall not be monitored, reviewed, copied or disclosed in any
						manner unless required by an order of a court of competent jurisdiction. However,
						such mail may be checked for weapons, drugs and other contraband provided it is
						done in the presence of the inmate and there is a reasonable basis to believe
						that any weapon, drug or other contraband exists in the mail.
3.3. Only those staff persons selected by the
						Commissioner, Warden, Administrator or their designees who are authorized to
						read, monitor and copy any mail except attorney-client mail as defined
						herein.
3.4. All inmate's outgoing
						mail must be clearly identified as being sent from an inmate at a state
						correctional institution and must include on the face of the envelope the name
						and full address of the institution.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-07 - Monitoring Inmate Mail › Section 90-7-4 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Notification.
4.1.1. Each correctional facility shall notify
						each inmate that his or her incoming and outgoing mail is subject to being
						searched, monitored, read and copied. The notification shall be done in writing
						by memorandum to current inmates and contained in the orientation package for all
						future inmates as well as by posting signs at each mail collection point in the
						facility.
4.1.2. The contents of
						inmate mail may be disclosed to an appropriate law-enforcement agency pursuant to
						an order of a court or administrative tribunal when disclosure is necessary for
						the investigation, prevention or prosecution of a crime or to safeguard the
						orderly operation of the correctional institution. Disclosure may be made in
						civil or administrative proceedings pursuant to an order of a court or
						administrative tribunal when the disclosure is:
(A) Necessary to safeguard and protect the
						orderly operation of the correctional institution; or
(B) Necessary to protect persons from physical
						harm or the threat of physical harm.
4.1.3. All copies of mail shall be retained for
						at least three (3) years and disposed of in accordance with Corrections Records
						Retention Schedule set forth pursuant to a records retention schedule tendered in
						accordance with W. Va. Code §
										5A-8-9.
4.1.4. The provisions of this section shall
						apply only to those persons serving a sentence of incarceration in the custody of
						the Commissioner of Corrections.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-08 - Fees For Electronic Monitoring Of Offenders › Section 90-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
						establishes the policy and delineates guidelines for the establishment and
						collection of supervision fees from offenders placed upon the electronic
						monitoring program for offenders under the jurisdiction of the Commissioner of
						the West Virginia Division of Corrections.
1.2. Authority. -- W. Va. Code
						§
									25-1-14.
1.3. Filing date. --
						April 9, 2012.
1.4. Effective date.
						-- April 9, 2012.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-08 - Fees For Electronic Monitoring Of Offenders › Section 90-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Offender" means any person committed to
						the custody or supervision of the West Virginia Division of Corrections as an
						inmate or as an in-state or out-of-state probationer or parolee.
2.2. "Electronic monitoring equipment" means an
						electronic device or apparatus approved by the Division of Corrections which is
						capable of recording or transmitting information regarding the offender's
						presence or nonpresence in a designated area. The device shall be minimally
						intrusive. Except to the extent provided in this section, the Division of
						Corrections shall not approve any monitoring device which is capable of recording
						or transmitting (i) visual images, except that of a still image of the offender
						that can only be transmitted by the offender triggering the monitoring system, or
						(ii) information as to the offender's activities while he or she is within the
						designated area. A monitoring device may transmit information regarding blood
						alcohol levels. The monitoring device shall not be used to eavesdrop or record
						any conversation:
Provided,
That conversations between the
						offender and the person supervising the offender may be recorded solely for
						purpose of voice identification.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-08 - Fees For Electronic Monitoring Of Offenders › Section 90-8-3 - Applicable

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All offenders committed to the custody or
						supervision of the Commissioner of the West Virginia Division of Corrections by a
						court, the Parole Board, or through the Interstate Compact Agreement, and
						Corrections inmates housed in regional jails, any of which pursuant to a separate
						policy directive of the Division of Corrections are suitable candidates for
						placement in the electronic monitoring program.
3.2. The Division of Corrections may utilize
						varying levels of monitoring technology and these technologies include but are
						not limited to the following:
3.2.a. Radio
						Frequency Bracelet communicating with a device attached to a land line.
3.2.b. Radio Frequency Bracelet communicating
						with a device attached to a land line with the capability to detect and transmit
						information regarding blood alcohol levels.
3.2.c. Radio Frequency Bracelet communicating
						with a device attached to a cellular or wireless communication device.
3.2.d. Radio Frequency Bracelet communicating
						with a device attached to a cellular or wireless communication device with the
						capability to detect and transmit information regarding blood alcohol
						levels.
3.2.e. Global Position System
						which uses cellular or other wireless communications network to report locations
						and status in real time or as close thereto as is practicable given
						reception.
3.2.f. Global Position
						System which uses cellular or other wireless communications network to report
						locations and status on a delayed basis by downloads of information periodically
						during a fixed period.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-08 - Fees For Electronic Monitoring Of Offenders › Section 90-8-4 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Fee Determination and Collection Process.
4.1.a. A daily monitoring fee, in an amount not
						to exceed Ten Dollars ($10.00) per calendar day, will be paid by participating
						offenders either by certified check or money order on or before the end of each
						7-day period while on electronic monitoring supervision. The offender will be
						notified of the supervision fee prior to actual participation in the electronic
						monitoring program. The fee will vary within this range depending upon the costs
						to the Division of Corrections for the monitoring device to be
						employed.
4.1.b. Certified checks and
						money orders shall be made payable to the Division of Corrections' Electronic
						Monitoring Account. No other forms of payment will be accepted.
4.1.c. Each 7-day payment must be mailed or
						delivered to the Electronic Monitoring Program Coordinator at the address
						provided to the offender during the program orientation process.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-09 - Inmate Grievance Procedures › Section 90-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- It is the policy of the West
						Virginia Division of Corrections to maintain a mechanism that ensures the
						promulgation of uniform procedures concerning the formal review of issues
						relating to any aspect of confinement for inmates confined in its
						institutions/facilities/centers. It also the policy of the West Virginia Division
						of Corrections that all inmates be required to fully and properly utilize these
						procedures to the fullest extent required under any forum for which the inmate
						would otherwise seek judicial redress within.
1.2. Authority. -- W. Va. Code §
									25-1A-2
						and 25-1A-2a.
1.3. Filing Date. --
						December 20, 2013.
1.4. Effective
						Date. -- February 1, 2014.
1.5. This
						Rule repeals and replaces Title 90 Series 9, titled Inmate Grievance Procedures,
						filed November 5, 2012 and effective January 1, 2013.
1.6 Applicability: All units within the
						Division of Corrections for all matters except classification, which shall follow
						administrative remedies set forth in Policy Directives 401.01 and Policy
						Directive 326.01 and inmate discipline which shall follow administrative remedies
						set forth in Policy Directive 325.00.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-09 - Inmate Grievance Procedures › Section 90-9-3 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Nothing in
						this Rule shall be construed to provide an inmate with any additional liberty
						interest that would not otherwise exist if this Rule did not exist.
3.2. Copies of all inmate grievances, appeals,
						and responses at Unit Manager and Warden/Administrator's level shall be
						maintained at the institution. Once appealed to the Commissioner, the grievance
						shall be filed within the inmate's central office file. Only the grievance filed
						within the central office file shall be indicative of whether the inmate has
						exhausted administrative remedies.
3.3. Except for allegations brought under
						Section 7 of this Rule, an inmate may not use the Inmate Grievance Procedure to
						submit a grievance or appeal on behalf of another inmate or for any matter that
						does not directly affect the inmate filing the grievance.
3.4. Any inmate who fails to fully and properly
						comply with the provisions set forth in this Rule shall not be considered to have
						taken full advantage of administrative remedies afforded him/her and therefore
						has not exhausted administrative remedies.
3.5. The Warden/Administrator shall maintain a
						searchable record of all grievances. The record shall be searchable in the
						following manners: name or DOC number of inmate; grievance number; type of
						grievance and date of filing.
3.6.
						This Rule represents the general administrative remedy procedures for the
						Division of Corrections. Staff are instructed that this Rule will apply to any
						issue advanced by an inmate that does not have a specific administrative remedy
						identified by this Rule. Inmates should, as a general guideline, not to be told
						that an issue is not "grievable." If an issue is not properly presented under
						this Rule, the inmate should be instructed as to the proper policy and procedure
						for seeking an administrative remedy. However, being able to grieve an issue does
						not equate to being entitled to relief sought.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-09 - Inmate Grievance Procedures › Section 90-9-5 - Appeal to Warden/Administrator

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Should the
						response at the Unit Manager level not resolve the issue, the inmate may appeal
						to the Warden/Administrator within five (5) days from delivery of the response to
						his/her grievance. The inmate shall use the same form as was submitted to the
						Unit Manager and signing in the appropriate location. Only the grievance form and
						Unit Manager's response shall be submitted. Submission of any additional
						materials beyond the initial grievance and response shall be grounds to reject
						the appeal, except in the case of grievances submitted pursuant to Section 7 of
						this Rule.
5.2. As with the initial
						level, the inmate shall be provided a copy of his or her grievance form prior to
						submission to the Warden/Administrator for their records. Only the grievance form
						(including the 1 page attachment submitted to the Unit Manager if any) and Unit
						Manager response is to be copied.
5.3. Prior to responding to the appeal the
						Warden/Administrator shall review the grievance to determine whether any grounds
						for rejection exists in the same manner as Sections 4.4 or 5.1 or any other
						ground in this Rule. If such exists the grievance shall be rejected in the same
						manner as provided in Section 4.4.
5.4. The Warden/Administrator shall respond to
						the appeal, using the grievance form, within five (5) days. The
						Warden/Administrator shall consider the statement of the grievance, as presented
						at the initial level, together with the Unit Manager's response to determine
						whether the response is appropriate and in furtherance with the mission of the
						Division of Corrections and consistent with the orderly operation of the
						facility. After a review of the grievance, the Warden/Administrator may: affirm
						the Unit Manager and deny the grievance; deny the grievance for reasons other
						than that which is addressed by the Unit Manager; grant the grievance; or remand
						the grievance back to the Unit Manager for further action. In reviewing the
						grievance the Warden/Administrator should place the expectation upon the Unit
						Manager that the grievance will be fully addressed at their level such that
						additional investigation should rarely be necessary, and that a decision can be
						rendered from a review of the grievance document. If a grievance has not been
						properly submitted through any level by an inmate, it shall be
						rejected.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-09 - Inmate Grievance Procedures › Section 90-9-8 - Special Procedures for Allegations of Violence and Imminent Violence

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. An inmate alleging that he/she is in
						danger of imminent violence shall file a grievance to his/her unit manager or, if
						the unit manager is unavailable, to the shift commander. Any staff person
						receiving a grievance in which an inmate alleges he/she is in danger of imminent
						violence shall immediately forward the grievance to the unit manager or, if the
						unit manager is unavailable, to the shift commander.
8.2. The unit manager or shift commander upon
						receipt of such a grievance shall cause an immediate review to take place of the
						inmate's allegations and circumstances to determine whether a substantial risk of
						imminent violence exists. The unit manager or shift commander can refer the
						review to designated staff, or can have the review processed as an application
						for special management under Policy Directive 326.00 or processed in conjunction
						with any other policy directive or operational procedure which is intended to
						handle such claims of imminent violence.
8.3. "Imminent violence" means an act of
						violence which:
8.3.1. has the potential to
						cause substantial bodily injury or greater to the inmate, and
8.3.2. has a reasonable possibility of
						occurring in the immediate or near future.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope: These
				Purchasing Procedures are an explanation and clarification of operative
				procedures for the purchase of commodities, services, repairs, alterations, or
				printing by the Division of Corrections and Rehabilitation ("DCR") pursuant to
				the DCR's purchasing exemption.
1.2. Authority -- W. Va. Code §
									15A-3-14.
1.3. Filing Date -- November 28,
				2022.
1.4. Effective Date --
				December 28, 2022.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As used in
				these procedures, all terms have the same meaning as provided in W. Va. Code
				§
									15A-3-14
				as follows:
2.1.1. "Agency" means the Division
				of Corrections and Rehabilitation and all the Division sections
				within.
2.1.2. "Agency Section"
				means any section or facility in the Division of Corrections and
				Rehabilitation.
2.1.3. "Best Value
				Procurement" means a purchasing method used in awarding a contract based on
				evaluating and comparing all established quality criteria where cost is not the
				sole determining factor in the award.
2.1.4. "Bid" or "Bids" means anything that a
				vendor submits in response to a solicitation that constitutes an offer to the
				State and includes, but is not limited to, documents submitted in response to a
				request for quotation, proposals submitted in response to a request for
				proposal, or proposals submitted in response to an expression of
				interest.
2.1.5. "Commissioner"
				means the Commissioner of the Division of Corrections and
				Rehabilitation.
2.1.6. "Assistant
				Director of Purchasing" means the Assistant Director of Purchasing of the
				Division of Administrative Services or anyone that the Assistant Director of
				Purchasing has designated to perform a specific task or function.
2.1.7. "Director" means the Director of the
				Division of Administrative Services.
2.1.8. "F.O.B. destination" and "free
				on-board destination" mean the seller or vendor must transport or pay for the
				transportation of commodities, services, or printing to the point of
				destination specified in the contract.
2.1.9. "Non-Responsible" means not having the
				capability to fully perform the contract requirements and lacking the integrity
				and reliability which will assure good-faith performance.
2.1.10. "Non-Responsive" means a bid that
				fails to conform to the solicitation in all material respects.
2.1.11. "Purchasing Office" means the section
				within the Division of Administration.
2.1.12. "Requisition" means a written or
				electronic request sent to the Purchasing Office for the purchase of
				commodities and services.
2.1.13.
				"Secretary" means the head of a department, as appointed by the
				Governor.
2.1.14. "Working Days"
				means Monday through Friday, but excludes Saturday, Sunday, state holidays and
				days that government offices are closed due to declaration of an
				emergency.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. These
				procedures apply to all Agency Sections.
3.2. All purchases must be approved by the
				Commissioner or designee.
3.3. All
				automated systems prescribed by the Purchasing Office as statewide systems are
				mandatory for Agency Sections.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-5 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Director
				or designee may require that the Agency Sections attempt to resolve any issues
				that it may have with the vendor prior to pursuing a remedy contained herein.
				The Agency Sections must document any resolution efforts and provide copies of
				those documents to the Purchasing Office.
5.2. Contract Cancellation. The Director or
				designee may cancel a purchase or contract immediately under any one of the
				following conditions including, but not limited to:
5.2.1. The vendor agrees to the
				cancellation.
5.2.2. The vendor has
				obtained the contract by fraud, collusion, conspiracy, or conflicts with any
				statutory or constitutional provision of the State of West Virginia.
5.2.3. Failure to honor any contractual term
				or condition or to honor standard commercial practices.
5.2.4. The existence of an organizational
				conflict of interest is identified.
5.2.5. Funds are not appropriated, or an
				appropriation is discontinued by the legislature for the acquisition.
5.2.6. Violation of any federal, state, or
				local law, regulation, or ordinance.
5.2.7. The Director or designee may cancel a
				purchase or contract for any reason or no reason, upon providing the vendor
				with thirty (30) days' notice of the cancellation.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-6 - Registration, Advertising, Bidding, and Award

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6.1. Registration of Vendors.
6.1.1. At Agency's discretion, vendors must
				register with the Purchasing Division prior to being awarded a contract, except
				that the following categories of vendors are exempt from this registration
				requirement or as determined by the Agency to waive said registration.
6.1.1.a. Purchasing card vendors providing
				travel related services are not required to register with the Purchasing
				Division.
6.1.1.b. Purchasing card
				vendors receiving an aggregate total yearly payment less than $25,000.00 from
				Agency Sections are not required to register with the Purchasing
				Division.
6.1.1.c. Any company or
				corporation, or subsidiary of the company or corporation, listed on any
				nationally recognized stock exchange is not required to register with the
				Purchasing Division.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-7 - Purchasing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				General.
7.1.1. Contracts requiring more than
				six (6) months to fulfill are filed with the State Auditor.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-8 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Submission of
				Protest.
8.1.1. Protests based on bid
				specifications must be submitted no later than five (5) working days prior to
				bid opening.
8.1.2. Protest of a
				purchase order or contract award must be submitted no later than five (5)
				working days after the award.
8.1.3. The vendor is responsible for knowing
				the bid opening and award dates. Protests received after these dates may be
				rejected at the option of the Director or designee.
8.1.4. All protests must be submitted in
				writing to the Purchasing Office and contain the following information:
8.1.4.a. The name and address of the
				protestor.
8.1.4.b. The
				requisition, solicitation, purchase order or contract numbers.
8.1.4.c. A statement of the grounds of
				protest.
8.1.4.d. Supporting
				documentation, if necessary.
8.1.4.e. The resolution or relief
				sought.
8.1.5. Failure
				to submit this information shall be grounds for rejection of the protest by the
				Director or designee.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-9 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person who
				authorizes or approves a purchase or contract in violation of West Virginia
				Code or any procedures adopted by the Purchasing Office is personally liable
				for the cost of the purchase or contract. Purchases and contracts violating the
				West Virginia Code, or these procedures, are void and of no effect. Provided
				that the State establishes by a preponderance of the evidence that the
				individual acted knowingly and willfully.
9.2. The Director or designee shall suspend
				from bidding on State purchases up to one year, any vendor violating the West
				Virginia Code, or the procedures adopted by the Purchasing Office. Appeal of
				the suspension may be made to the Director.
9.3. Any person receiving anything of value
				from a known interested party in awarding a purchase order is subject to the
				provisions of W. Va. Code §
									5A-3-28,
				29, 30 and 31, unless otherwise determined by the Ethics Commission.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-10 - Encumbrance

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10.1.
				Definitions.
10.2. The words and
				phrases used herein have the same meanings assigned to them in West Virginia
				Code §
									5A-1-1.
10.3. Account Designation.
10.3.1. Agency Sections must designate the
				appropriate account from which funds to pay for a contract will be taken prior
				to a contract being awarded, unless the contemplated contract is a type that
				cannot be encumbered as determined by the Director or designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-01 - Administrative Due Process › Section 91-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule establishes procedures for the exercise of administrative
				due process pursuant to Chapter 29A of the Code of West Virginia of 1931, as
				amended.
1.2. Authority. -- W. Va.
				Code §§
									17A-2-9,
				17A-6B-13,
				17A-6C-17,
				17B-2-15,
				17D-2-1,
				17E-1-18.
1.3. Filing Date. - April 3, 2023.
1.4. Effective Date. - May 1, 2023.
1.5. Sunset Date. -- This rule shall
				terminate and have no further force or effect August 1, 2028.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-01 - Administrative Due Process › Section 91-1-2 - Application and Enforcement

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2.1.
				Application. -- This legislative rule applies to persons contesting any order
				or decision of the Commissioner of Motor Vehicles pursuant to Chapter 29A of
				the Code.
2.2. Enforcement. --
				Enforcement of this legislative rule is vested with the Commissioner of Motor
				Vehicles or the Commissioner's lawful designee.
2.3. This legislative rule takes precedence
				over all administrative due process rules or hearing procedures found in this
				Title.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-01 - Administrative Due Process › Section 91-1-3 - Hearings

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3.1.
				Commissioner -- Means the executive officer of the Division of Motor Vehicles
				appointed by the Governor pursuant to W. Va. Code §
									17A-2-2, or the Commissioner's
				lawful designee.
3.2. Subpoenas.
				-The Commissioner may issue subpoenas or subpoenas duces tecum in accordance
				with W. Va. Code §
									29A-5-1(b).
3.2.1. Every subpoena and subpoena duces
				tecum shall be served at least five days before the return date thereof, either
				by personal service made by any person over eighteen years of age or by
				registered or certified mail. A return acknowledgment signed by the person to
				whom the subpoena or subpoena duces tecum is directed shall be required to
				prove service by registered or certified mail.
3.2.2. All subpoenas and subpoenas duces
				tecum shall be issued in the name of the Division of Motor Vehicles. Any party
				requesting the issuance of a subpoena or subpoena duces tecum must see that
				they are properly served. An attorney licensed to practice law in the State of
				West Virginia that represents a client before the Division may prepare and
				issue subpoenas for the purposes of this rule.
3.2.3. Any person who serves a subpoena or
				subpoena duces tecum is entitled to the same fee as sheriffs who serve witness
				subpoenas for the circuit courts of this state. An arresting officer in a DUI
				hearing is not entitled to a fee for serving a subpoena or subpoena duces
				tecum.
3.2.4. All fees related to
				any subpoena or subpoena duces tecum issued at the instance of an interested
				party shall be paid by the party who asks that such subpoena or subpoena duces
				tecum be issued.
3.2.5. All
				requests by interested parties for subpoenas and subpoenas duces tecum shall be
				in writing and shall contain a statement acknowledging that the requesting
				party agrees to pay the fees except as provided in Subdivision 3.2.4.
3.2.6. All parties shall provide a witness
				list to the designated hearing examiner at least forty-eight hours (48) prior
				to the hearing. Failure to disclose a witness is grounds for denial of a
				continuance request.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish requirements for original and renewal of
				motor vehicle registration.
1.2.
				Authority. -- W. Va. Code '17A-2-9.
1.3. Filing Date. -- May 19, 1965.
1.4. Effective Date. -- May 19,
				1965.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - These legislative rules apply to persons subject to motor vehicle
				registration pursuant to Chapter 17A, Article 3, Section 2 of the Code of West
				Virginia, as amended.
2.2.
				Enforcement - Enforcement of these legislative rules is vested with the
				Commissioner of Motor Vehicles or lawful designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-4 - Receipt Showing Payment of Personal Property Taxes On All Motor Vehicles

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4.1. The receipt
				required by Chapter 17A, Article 3, Section 3a of the Code of West Virginia,
				1931, as amended, to be furnished to each taxpayer (the applicant for a
				certificate of registration, renewal of registration, or registration or
				license plates) by the officer to whom payment of all personal property taxes
				was made shall contain the name and complete address, including county of the
				taxpayer, and the make, year model and serial number of all vehicles owned by
				such taxpayer on the pertinent date of assessment, and such receipt shall show
				payment of all personal property taxes on all such vehicles.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-6 - Dual Registration Of Vehicles Subject To The Title and Registration Laws of Two or More States

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6.1. If
				the applicant is a resident of this State and is employed in an adjoining State
				and commutes from his residence to his place of employment in a foreign State,
				then where the foreign State has required registration of said vehicle in such
				foreign State, the vehicle should remain titled and registered in such foreign
				State, but should also be titled and registered in this State, in the same
				manner as would be required of any other resident. The foreign title would
				remain in our files and a West Virginia Certificate of Title would be issued to
				the owner of the vehicle to hold in lieu of the foreign title.
6.2. However, if the applicant is (1) a
				resident of a foreign State; (2) has taken temporary residence and employment
				or engages in any trade or occupation in West Virginia, even though he may
				travel periodically between his temporary residence in this State and his
				residence in his home State, he would be subject to the title and registration
				laws of this State as well as the State in which he resides. The Department
				would consider the applicant eligible for a dual registration. Application
				should be made for a West Virginia Certificate of Title in the usual manner,
				the original title for the vehicle issued by his home State should be submitted
				to this Department with the application, accompanied by a letter stating that
				the applicant is a resident of a foreign State and is employed and has taken
				temporary residence in West Virginia, and request the Department to return the
				foreign title to the applicant or lienholder, if the State issuing the foreign
				title requires the title to be returned to the lienholder.
6.3. In accordance with Chapter 17-A -Article
				5 - Section 1 of the West Virginia Motor Vehicle Laws, the applicant would be
				required to pay the same fee and privilege tax as are required for like
				vehicles owned by residents of this State. A West Virginia Certificate of Title
				will be issued for the vehicle, but will remain in our title files as a
				permanent record that the vehicle is operating with a dual registration. The
				foreign certificate of title will be returned to the registered owner or the
				lienholder, as the case may require.
6.4. West Virginia registration is not
				required of a resident of a foreign State who is employed or engages in a trade
				or occupation in West Virginia, but who does not have any established business
				or temporary residence in West Virginia, and who commutes daily between his
				residence in his home State and his work in West Virginia.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-7 - Use Of A Dolly Or Other Mechanical Device In Moving Wrecked Motor Vehicles Or Motor Vehicles That For Any Reason Must Be Towed By A Wrecker

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A Dolly or any other Mechanical Device
				would not be subject to the Title and Registration provisions of the West
				Virginia Motor Vehicle Code when used under the following conditions:
(a) When the use of a Dolly or Mechanical
				Device is required to tow a wrecked or disabled motor vehicle from the highways
				of this State to a garage or storage area.
(b) When used by a wrecker to tow any motor
				vehicle that is required to be towed due to a type of transmission that will
				not permit the motor vehicle to be towed without the use of Dolly or a
				Mechanical Device.
(c) When used
				under the conditions outlined above such Dolly or Mechanical Device would be
				considered an essential part of the wrecker's equipment necessary to expedite
				the removal of wrecked motor vehicles from the highway and protect the
				mechanism of motor vehicles that cannot be towed otherwise.
In all cases the towing vehicle must be a wrecker that is
				  properly registered in this or any other State.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-02 - Rules And Regulations › Section 91-2-8 - Formula For Establishing Registration Fees For Class H Vehicles Engaged In The Interstate Transportation Of Persons

Current through Register Vol. XLI, No. 28, July 12, 2024
In accordance with the provisions of that portion of Chapter
				  17A, Article 10, Section 3 of the Code of West Virginia, 1931, as amended,
				  dealing with the establishment of registration fees for Class H vehicles
				  engaged in the interstate transportation of persons, a formula is herein
				  prescribed.
The factors of the formula are:
(1) The entire or full fee for Class H
				vehicles engaged in the interstate transportation of persons, viz., the fees
				prescribed for Class B, Class E and Class K vehicles;
(2) The number of miles the vehicle shall be
				operated in
(a) All states;
(b)  States other than West
				Virginia;
(c) West Virginia