reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-4 - Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				participating institution shall determine whether a HEAPS Part-time Grant
				applicant meets the eligibility criteria set forth in this rule and distribute
				grant funds to students in accordance herewith.
4.2. The Vice Chancellor for Administration
				shall determine an appropriate process for distribution of funds allocated
				under Section 3.2. of this rule for the HEAPS Workforce Grant. This may include
				allocations to educational entities or awards to students.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-5 - Eligibility Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. To assist an
				eligible institution in determining whether an applicant meets the eligibility
				criteria established in W. Va. Code §
									18C-5-7(c),
				applicants must submit a completed FAFSA to the institution.
Provided
, That persons applying for HEAPS Workforce Grant
				funds to enroll in a postsecondary certificate, industry recognized credential,
				or other skill development program in a demand occupation may be required to
				submit an application form in addition to the FAFSA as approved by the Vice
				Chancellor for Administration.
5.2.
				Determination of financial need:
5.2.1.
				Financial need is defined as cost of education as determined by the institution
				less Student Aid Index (SAI).
5.2.2. Institutional financial aid officers
				may determine, using professional judgment under Title IV, whether the
				applicant has any personal hardship that should be taken into consideration in
				determining the applicant's eligibility.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-6 - Additional Programs and Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In addition to
				the eligible programs and courses described in W. Va. Code §
									18C-5-7, the Council for
				Community and Technical College Education may approve additional courses or
				programs for grant funding based on industry need.
6.2. For the HEAPS Workforce Grant, the
				Council shall identify "demand occupations", as that term is defined in W. Va.
				Code §
									18C-5-7, and prepare and update
				annually a list of occupations it determines meet the requirements of this
				definition.
6.3. The Council shall
				also approve "skill development programs," as defined in W. Va. Code §
									18C-5-7.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-7 - Amount of Grant

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The HEAPS
				Part-time Grant award for a student enrolled in an approved institution of
				higher education as defined in W. Va. Code §
									18C-5-2 shall be based upon the
				actual cost of tuition and fees.
7.2. For students enrolled in any other
				eligible institution, program, or course, the HEAPS Part-time award shall be no
				greater than the average amount charged for comparable training at institutions
				designated in Section 7.1.
7.3. The
				maximum amount of the HEAPS Workforce Grant shall be set by the Higher
				Education Policy Commission and based upon available funding and the workforce
				demands of the State.
7.4. For the
				HEAPS Part-time Grant, total aid may not exceed the recipient's total cost of
				education as defined by the institution being attended.
7.5. For the HEAPS Workforce Grant, total aid
				may not exceed the direct cost of the student's academic program.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-8 - Agreement to Participate and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In order for
				an institution to participate in the HEAPS Grant Programs, the president or the
				president's designee and the financial aid officer of the institution shall
				sign an agreement to participate. This agreement will outline duties of the
				institution, including, but not limited to:
8.1.1. Developing policies and procedures for
				the operation of the HEAPS Grant Programs, covering at a minimum:
8.1.1.a. Methods to determine if students
				meet the eligibility criteria for a HEAPS award;
8.1.1.b. Guidelines for distribution of grant
				funds when such funds are insufficient to make distributions to all eligible
				applicants;
8.1.1.c. Delivering
				awards to eligible students;
8.1.1.d. Reporting the number of students who
				participated in the HEAPS-Part-time program and who participated in the HEAPS
				Workforce program (for determining fund distribution for the coming year). The
				institutions shall report this information on a form and within a deadline
				prescribed by the Vice Chancellor for Administration;
8.1.1.e. Reporting annually the number of
				HEAPS Part-time and HEAPS Workforce awards made, the total amount of dollars
				awarded, and such other information as is requested by the Vice Chancellor for
				Administration. The institutions shall report this information on a form and
				within a deadline prescribed by the Vice Chancellor for
				Administration.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-06 - Higher Education Adult Part-Time Student (HEAPS) Grant Program › Section 133-6-9 - Audits; Grant Withdrawal and Penalty; Unexpended Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Participating
				institutions are subject to such audits and program reviews as may be required
				by the Vice Chancellor for Administration.
9.2. The Vice Chancellor reserves the right
				to withdraw a grant from an institution or deny future grant applications upon
				determination of the institution's unsatisfactory compliance with either this
				rule or the specifications of the grant application.
9.3. An institution shall reimburse to the
				Vice Chancellor the total sum of a grant not properly used or accounted for
				pursuant to this rule.
9.4. An
				institution shall return any unexpended funds remaining at the end of the
				academic year to the Vice Chancellor.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes guidelines and procedures for achieving and maintaining
				eligibility for the West Virginia Providing Real Opportunities for Maximizing
				In-State Student Excellence Scholarship Program, hereinafter referred to as
				PROMISE.
1.2. Authority. -- West
				Virginia Code §
									18B-1-6 and §
									18C-7-6.
1.3. Filing Date. - February 29,
				2024.
1.4. Effective Date. - March
				29, 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 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-2 - Eligibility of High School Graduates for Initial Award

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. To be eligible
				for an initial PROMISE Scholarship, a high school applicant shall be eligible
				for the award both at the time of application and at the time of receipt of the
				award by meeting all criteria outlined in this rule at the time of application
				and award; and
2.1.1. Shall complete
				graduation requirements at a West Virginia high school, as defined in Section
				16 below, unless he or she qualified as a military dependent under Section 5 of
				this rule or has commuted to an out-of-state high school pursuant to Section 6
				of this rule; and
2.1.2. Shall
				complete at least one-half of the credits required for graduation through
				attendance at a high school in this State, unless he or she qualified as a
				military dependent under Section 5 of this rule or has commuted to an
				out-of-state school pursuant to Section 6 of this rule; and
2.1.3. Shall apply for the scholarship within
				two years of graduation from high school or within two years of obtaining a GED
				or equivalent unless the applicant entered the United States Armed Services
				pursuant to Section 4 of this rule; and
2.1.4. Shall have attained a cumulative grade
				point average of at least 3.0 on a 4.0 scale, based on high school grading
				policies, in both core courses and overall coursework required for graduation
				by the State Board or the appropriate person at the applicant's high school,
				while enrolled in a high school; and
2.1.5. Shall meet standardized test score
				criteria on an ACT or SAT national test as established by the Commission;
				and
2.1.6. The applicant and his or
				her parent or legal guardian shall have resided in West Virginia continuously
				for a minimum of 12 consecutive months immediately preceding the final date of
				application for a PROMISE Scholarship, unless the applicant or the applicant's
				parent or legal guardian was, at all relevant times, a member of the United
				States Armed Services pursuant to Section 4 of this rule or a military
				dependent pursuant to Section 5 of this rule, and be a United States citizen, a
				U.S. permanent resident, or an eligible non-citizen who meets the residency
				requirements for Federal Student Aid; and
2.1.7. Shall submit both the Free Application
				for Federal Student Aid and any application form required by the Commission by
				the deadline established by the Commission;
Provided
, That any
				student who misses the deadline for application may apply by a later date
				established by the Commission for a spring semester award. This option is
				contingent upon the availability of funding for late awards.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-3 - Eligibility for Graduates of Alternative Educational Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon
				approval of the Vice Chancellor, an applicant who successfully completed an
				alternative educational program, such as the Mountaineer Challenge Academy, is
				eligible for a PROMISE award if he or she has passed a State Board approved
				high school equivalency examination with a minimum score determined by the
				Commission.
3.2. An applicant from
				an alternative education program shall apply for a PROMISE award within two
				years of passing a State Board approved high school equivalency examination or
				the date the applicant's home high school class graduated, whichever is
				earlier, and meet all other criteria established by the Commission at the time
				of application, including required scores on national standardized
				tests.
3.3. The parents or legal
				guardian and the applicant shall meet the residency requirements set out in
				Section 2 of this rule.
3.4. A
				student passing a State Board approved high school equivalency examination
				under other exceptional circumstances may appeal for scholarship consideration
				under the provisions of Section 13 of this rule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-4 - Eligibility of Veterans of Armed Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A person who
				entered full-time, active duty with the United States Armed Services within two
				years of graduating from high school or obtaining a GED or equivalent and is
				discharged with a status other than dishonorable is eligible to apply for and
				receive a PROMISE award within seven years of the time he or she initially
				entered military service. However, this eligibility ends one year after
				discharge from military service.
4.2. The applicant shall, at the time of the
				application, meet all other criteria established by the Commission for eligible
				high school graduates, including high school grade point average and required
				scores on national standardized tests.
4.3. The applicant shall meet the residency
				requirements set out in Section 2 of this rule, or have entered military
				service from this State, and not have established domicile in another state at
				any time during that military service.
4.4. A student attending a United States
				military academy is eligible for a PROMISE award if he or she leaves the
				military academy and meets the requirements of Section 2 of this
				rule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-5 - Eligibility of Military Dependents

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commission
				shall waive the credit hour and residency requirements established in Section 2
				of this rule if:
5.1.1. The applicant both
				resided in a state other than West Virginia and attended high school in another
				state or in a United States territory, United States possession, or foreign
				country; and
5.1.2. Resided with
				his or her parent or legal guardian; and
5.1.3. The applicant's parent or legal
				guardian served in the United States Armed Forces while the student attended
				high school in another state, a United States territory or possession or a
				foreign country; and
5.1.4. The
				parent or legal guardian was stationed for military purposes in another state,
				a United States territory or possession, or a foreign country; and
5.1.5. The parent or legal guardian
				maintained legal residence in West Virginia while stationed in another state, a
				United States territory or possession or a foreign country.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-6 - Eligibility of Commuting Resident Students Attending High School Out-of-State

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Commission shall waive the credit hour requirements in Section 2 of this rule
				if:
6.1.1. The applicant resided with his or
				her parent or legal guardian full time in West Virginia while attending high
				school in another state; and
6.1.2.
				The parent or legal guardian and the applicant meet the residency requirements
				set out in Section 2 of this rule; and
6.1.3. The applicant commuted from and
				returned to West Virginia on a daily basis while attending the out-of-state
				high school;
Provided
, That overnight school activities or
				social activities or visitation with a noncustodial parent in another state may
				not vitiate an applicant's residency status:
Provided,
				however
, That in order to meet the residency requirements of this
				rule, an applicant and his or her parent or legal guardian must reside, both
				physically and legally, in West Virginia; and
6.1.4. The applicant was a dependent of the
				parent or legal guardian with whom he or she resided in West Virginia;
				and
6.1.5. The applicant has not
				established domicile in another state; and
6.1.6. The high school's curriculum
				requirements for graduation are equivalent, or sufficiently similar to, those
				required for high school graduation in this State.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-7 - Reserved

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-8 - Awards

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Recipients
				of a PROMISE Scholarship shall receive an award equal to the lesser of the
				actual amount of tuition and mandatory fees for resident students at the home
				institution or an amount determined by the Commission based on the availability
				of adequate funding;
Provided
, That in no event shall the
				amount of the award be greater than the actual cost of tuition and mandatory
				fees charged by the home institution.
8.2. The Commission may award PROMISE for
				summer school. To be eligible for a summer award, an applicant shall be
				academically eligible for PROMISE continuation at the end of the spring
				semester preceding the summer term for which the applicant is applying. Any
				summer award under this section is dependent upon the availability of funds as
				determined by the Commission.
8.2.1. Priority
				for summer awards shall be based on class rank, with the highest priority given
				to recipients closest to graduation.
8.2.2. Recipients, other than those
				graduating at the end of the summer term of enrollment, shall be enrolled for
				at least 12 credit hours unless the Commission grants a waiver of the
				full-time.
8.2.3. A summer award
				counts as a semester of utilization toward the maximum number of available
				semesters.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-9 - Eligibility for Renewal of Awards

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. For a
				recipient to retain or renew the PROMISE award each year, the recipient shall:
9.1.1. Be continuously enrolled as a
				full-time undergraduate student;
Provided
, That during the
				last academic year of scholarship eligibility or if the institution does not
				offer enough degree pursuant courses during a term to allow the recipient to be
				considered full-time, the recipient may be enrolled less than full-time and
				remain eligible for renewal; and
9.1.2. Maintain at least a 2.75 grade point
				average on a 4.0 scale by the end of each academic year; and
9.1.3. Complete and earn a minimum of 30
				credit hours in each academic year for a recipient who receives a two-semester
				award in an academic year. For a single-semester award, the recipient shall
				complete and earn a minimum of 15 credit hours in the academic year.
9.1.3.a. Upon approval of the home
				institution, the recipient may use College-Level Examination Program (CLEP)
				credits to meet the minimum credit hours requirement.
9.1.3.b. For calculating renewal, the
				academic year begins with the fall semester and ends with the summer
				semester.
9.1.4. If the
				recipient's home institution does not offer enough degree pursuant courses
				during the academic year to allow the recipient to meet the credit hour
				requirement of this subsection, the recipient remains eligible for renewal of
				the PROMISE award if he or she successfully completes all available degree
				pursuant courses during the home institution's regular terms in the academic
				year, excluding the summer term, and meets all other renewal requirements set
				forth in this rule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-10 - Duty of PROMISE Recipient Graduates

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. By accepting
				a PROMISE award, the recipient agrees to provide any information the Commission
				may request regarding the recipient's address after graduation, employment
				after graduation, whether and where the recipient is enrolled in post-graduate
				programs, and other relevant information as the Commission may deem necessary
				to assess the effectiveness of the PROMISE Scholarship Program.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-11 - Community Service for Applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Applicants
				for and recipients of PROMISE awards are strongly urged to perform at least 20
				hours of unpaid community service while in high school and college. The
				community service may include, but is not limited to, participation with
				non-profit, governmental, institutional, or community-based organizations
				designed to improve the quality of life for community residents, meet the needs
				of community residents, or foster civic responsibility.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-12 - Coordination with Other Financial Aid

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Eligible
				institutions and recipients shall coordinate PROMISE Scholarship awards with
				other financial aid and grant programs in the following manner:
12.1.1. Eligible institutions and recipients
				shall use PROMISE awards in a manner that maximizes federal scholarship and
				grant funding (e.g. Pell Grant). Eligible institutions may not administer their
				PROMISE programs in a manner that would result in the loss of federal grant or
				scholarship funds to a recipient or to the State of West Virginia.
12.1.2. Eligible institutions and recipients
				shall use PROMISE Scholarship awards only for tuition and
				fees.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-13 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. An
				applicant may appeal in writing to the Vice Chancellor the denial of an
				application for an initial or renewal award of a PROMISE Scholarship within 15
				days of receiving notification of the decision. The Vice Chancellor shall issue
				a written decision upholding or reversing the initial decision within 15 days
				of receipt of the appeal. The Vice Chancellor's decision is final.
13.2. The Vice Chancellor shall refer to the
				home institution any appeal of a decision concerning satisfactory academic
				progress that relates to grade earned or credit hour completion for resolution
				consistent with the home institution's procedures established for that
				purpose.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-14 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				Commission shall report findings about recipients of the scholarships each year
				to the Legislative Oversight Commission on Education Accountability. Such
				report shall include the following:
14.1.1.
				Information on the recipients' demographics including race, income, and other
				variables gathered by the Commission;
14.1.2. Information on recipients who
				graduate from college in West Virginia and continue to live in West Virginia
				after graduation, obtain employment in West Virginia after graduation, and
				enroll in post-graduate education programs; and
14.1.3. Any other information deemed
				necessary by the Commission to assess the effectiveness of the PROMISE
				Scholarship Program.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-15 - Accounting, Reporting, and Auditing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Before the
				end of each fiscal year, each institution's financial aid office shall
				reconcile its PROMISE Scholarship records with:
15.1.1. The Commission's records of PROMISE
				Scholarship awards and disbursements; and
15.1.2. The institution's business office
				records of PROMISE Scholarship disbursements.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-07 - West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) Scholarship Program › Section 133-7-16 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Unless
				the context in which used clearly requires a different meaning, the definitions
				contained in §§
									18B-1-2 and
				18C-7-3 apply to this rule in
				addition to the definitions set forth below.
16.2. "Applicant" means a student who has
				applied for an initial award or renewal reward of a PROMISE Scholarship, but
				has not yet been awarded the scholarship.
16.3. "Commission" means the West Virginia
				Higher Education Policy Commission as defined in W. Va. Code §
				18B-1-2.
16.4. "Degree pursuant
				courses" means those classes prescribed by the course program of study that are
				required to earn a degree in the recipient's chosen field.
16.5. "Dependent student" means a student who
				is required to provide parental information on the Free Application for Federal
				Student Aid because the student does not meet the criteria established by the
				U.S. Department of Education to be classified as an independent
				student.
16.6. "High school"
				includes traditional public or private high school, charter school, home
				school, learning pod, microschool, or other educational program authorized by
				the Legislature that encompasses education commonly received in grades 9
				through 12.
16.7. "Home
				institution" means the eligible institution, as defined in W. Va. Code §
				18C-7-3, attended by the recipient of a PROMISE Scholarship.
16.8. "Recipient" means a person who has been
				awarded a PROMISE Scholarship in accordance with W. Va. Code §
									18C-7-1, et seq. and this
				rule.
16.9. "State Board" means the
				State Board of Education created by W. Va. Const. Art. XII, § 2 and
				defined in W. Va. Code §
									18-1-1.
16.10. "Title IV" means the section of the
				federal Higher Education Act of 1965, as amended, that pertains to federal
				student financial aid programs.
16.11. "Vice Chancellor" means the Vice
				Chancellor for Administration, who is statutorily charged with administrating
				the State's student financial aid programs, or his or her designee.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes policy in a number of areas regarding personnel administration
				for the Higher Education Policy Commission employees.
1.2. Authority. -- W. Va. Code §§
									18B-1-6,
				18B-1-8,
				18B-9-4.
1.3. Filing Date. -- October 22,
				2001.
1.4. Effective Date. --
				November 22, 2001.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-3 - Compensation Review Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The compensation review committee shall
				be responsible for annually reviewing the salary schedule and recommending
				revisions based on existing economic, budgetary, and financial conditions to
				the chancellors, who will make a final proposal to the governing boards. The
				composition of the compensation review committee shall consist of the central
				office human resources director, the central office finance director, the chair
				or chair's designee from each state-wide advisory council of classified
				employees, four human resource administrators from the previous University
				System (which shall be deemed to include West Virginia network for educational
				telecomputing), three human resource administrators from the previous State
				College System, and a president from each of the two systems. The human
				resource administrators and presidents shall be appointed by the appropriate
				chancellor and shall serve staggered terms of two years. In addition, the
				chancellors may appoint, to the committee, as they deem appropriate,
				representatives of major groups which represent classified employees.
3.2. Recommendations of the compensation
				review committee approved by the governing boards are subject to the
				availability of funds and shall only be implemented when new funds are
				specifically appropriated by the Legislature for funding of the salary
				schedule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-4 - Compensation; Pay Calculations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Base salary is calculated on a
				thirty-seven and one-half (37 1/2) hour workweek.
4.2. When base salary increases are
				calculated and rounding is involved, the policy is to round up to the nearest
				even dollar amount.
4.3. Overtime
				pay for nonexempt employees is calculated at the rate of one and one-half (1
				1/2) times the regular hourly rate, which is the total base salary, plus any
				incremental pay, divided by 1,950 hours. Overtime does not commence until forty
				(40) hours have actually been worked within one (1) workweek. Regular hourly
				pay, also known as "straight time," is paid for work time between thirty-seven
				and one-half (37 1/2) hours and forty (40) hours in a work week.
4.4. Only actual hours worked are included in
				calculating overtime. Pay which is received for holidays, annual leave, sick
				leave, or work release time, as authorized by Series 35, is not counted as
				working hours for purposes of overtime.
4.5. Annual leave, sick leave and longevity
				do not accumulate in any part of a month for which an employee is off the
				payroll on a leave without pay or during a terminal leave period. A terminal
				leave period is that time between the employee's last day of work and his/her
				last day on the payroll.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-5 - Compensatory and Holiday Premium Time Off

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Compensatory time off shall be allowed
				only to the extent authorized by federal and state law.
5.2. When a full-time or part-time classified
				non-exempt employee is required to work on any designated board or institution
				holiday, that employee at his/her option shall receive regular pay for that
				holiday plus substitute time off or additional pay at the rate of one and
				one-half (1 1/2) times the number of hours actually worked. The time off must
				be used within a six-month period following the holiday.
5.3. When an exempt employee is required to
				work on any designated board or institution holiday, that employee shall be
				given substitute time off on an hour-for-hour worked basis.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-6 - Workweek

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The workweek
				is a regularly recurring period of one hundred sixty-eight (168) hours in the
				form of seven (7) consecutive twenty-four (24) hour periods. It begins at 12:01
				a.m. on Sunday and ends at 12 midnight the following Saturday. The
				institutional president or the president's designee may establish a workweek
				different from this provided that record keeping requirements are met as set
				forth in relevant law. A work schedule of thirty-seven and one-half (37 1/2)
				hours will be established within a workweek.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-7 - Appointment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A classified
				employee appointment letter shall be completed for each classified employee at
				the time of initial employment.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-8 - Access to Personnel File

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. An
				employee may have access to his/her personnel file when the employing
				institution is normally open for business. An employee may examine his/her own
				file and the contents therein with the following exception:
8.1.1. Materials which were gathered with the
				employee's prior agreement to forfeit his/her right of access, such as some
				references.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-9 - Changes in Name, Address, Number of Dependents and Related Matters

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. It is the
				exclusive responsibility of each employee to notify all appropriate persons,
				agencies and parties when record changes occur, including emergency
				information. This must be done in writing and a copy of such notification will
				be placed in the employee's personnel file as a permanent record that he/she
				notified appropriate persons, agencies and parties.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-10 - Classification Review Request

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				When significant changes occur in the principal duties and responsibilities of
				a classified position, it is the responsibility of the supervisor to recommend
				through established procedures that the position be reviewed. Requests for
				position reviews also may be initiated by an employee after discussion with the
				immediate supervisor. Within thirty (30) days from the date of request for
				review of a job, the department of human resources shall report to the
				requestor, in writing, whether the reclassification has been denied or
				approved. The immediate supervisor must prepare a complete and accurate
				position description form of the duties of the position, but the description
				may be written by the employee at the supervisor's request. The responsibility
				for assigning tasks and duties to a position belongs to the supervisor. It is
				the supervisor's responsibility to document and submit the position description
				form for classification review when significant changes occur in the principal
				duties and responsibilities of a position. It is also the responsibility of a
				supervisor to ensure completion of required forms. The institutional president
				or the president's designee may also initiate action to review positions. The
				institutional president or the president's designee has authority on the campus
				to make classification determinations for institution-specific titles or the
				slotting of employees under existing systems-wide titles. The president may
				delegate authority to the human resource administrator for day to day
				management of the classification program. Management of the program requires
				adherence to written rules which ensure a uniform system of personnel
				classification. All classified positions shall be placed on any salary schedule
				which may be subsequently enacted by the Legislature or adopted by the
				governing boards.
10.2. A position
				description form shall exist for every classified position. It shall be
				reviewed by the supervisor and/or the president or the president's designee on
				a formal basis at least every three years as part of the position audit
				procedures established by each institution. The date of each review shall be
				recorded on the description.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-12 - Entry Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The entry
				rate for any classified employee appointed after the effective date of this
				rule shall not be below the established minimum set out below for the pay grade
				assigned. The entry rate for any classified employee appointed on or after July
				1, 2005 shall not be below the entry (zero) step set out in W.Va. Code §
									18B-9-3 for the pay
				grade assigned.
12.2.
CLASSIFIED STAFF MINIMUM EQUITY
							 STEP
AND ENTRY RATES
EFFECTIVE JULY 1, 1994
Pay Grade
Minimum Equity Step
1
10,092
2
10,392
3
10,716
4
11,040
5
11,376
6
11,736
7
12,396
8
13,116
9
13,884
10
14,712
11
15,612
12
16,596
13
17,640
14
18,780
15
20,004
16
21,348
17
22,800
18
24,372
19
26,088
20
27,948
21
29,964
22
32,172
23
34,584
24
37,212
25
40,080
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-13 - Promotion

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Promotions
				result from an employee moving from his/her current position to a vacant or
				newly created position assigned to a different job title and higher pay grade
				and which requires a significantly greater degree of skill, effort and
				responsibility than that of the employee's current position.
13.2. Upon promotion from a position in one
				pay grade to a different position in a higher pay grade, the employee will
				receive an increase of five percent (5%) per pay grade rounded to the next
				highest step in the new pay grade based upon the employee's base salary, or the
				entry rate of the new pay grade described in Section 12 of this rule, whichever
				is greater. However, under adverse recruiting conditions in which an
				institution experiences great difficulty in filling a position, an increase
				which brings the employee up to a point no greater than the maximum of the
				grade may be given. Promotional increases which exceed the standard formula
				must meet the same criteria which appears in the section on entry rates of this
				rule and must be approved in accordance with the process outlined in that
				section. The new base salary may not exceed the maximum of the new pay
				grade.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-14 - Upgrade

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Upgrades
				result from the process of job evaluation where a determination is made that a
				significantly higher level of skill, effort, and responsibility exists in the
				employee's current position. A new pay grade value shall then be established
				based on the application of the job evaluation plan and the calculation of a
				revised total point value for the position. Upon determination of the pay
				grade, job descriptions shall be reviewed of other titles having the same pay
				grade and whose duties, responsibilities and requirements closely match the
				work of the position as it is now described. The position shall then be slotted
				into the classification whose grade is consistent with the point value
				calculated and whose duties and requirements most appropriately characterize
				the position. For unique and specialized positions where no current job title
				exists at the needed grade, the creation of a new title shall be established so
				that the position is properly classified and graded within the system. This
				work must be done by the human resource administrator or the human resource
				administrator's designee.
14.2.
				When an employee occupies a position at the time that a position upgrade is to
				be placed into effect, the method of calculating the employee's base salary
				increase is the same as that specified for a promotion. In the absence of funds
				to support an upgrade, work at the higher level shall not be
				performed.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-15 - Demotion

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Demotions
				result from an employee moving from his/her current position to a vacant or
				newly created position assigned to a different job title and lower pay grade,
				and which requires a significantly lesser degree of skill, effort and
				responsibility than that of the employee's current position.
15.2. Upon demotion, the employee's base
				salary is decreased five percent (5%) per pay grade rounded to the nearest step
				in the new pay grade.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-16 - Downgrade

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Downgrades
				result from the process of job evaluation where a determination is made that a
				significantly lower level of skill, effort and responsibility exists in the
				employee's current position. A new pay grade shall then be established based on
				the application of the job evaluation plan and the calculation of a revised
				total point value for the position. Upon determination of the pay grade, job
				descriptions shall be reviewed of the other titles having the same pay grade
				and whose duties, responsibilities and requirements closely match the work of
				the position as it is now described. The position shall then be slotted into
				the classification whose grade is consistent with the point value calculated
				and whose duties and requirements most appropriately characterize the position.
				For unique and specialized positions where no current titles exist at the
				needed grade, the creation of a new title shall be established so that the
				position can be properly classified and graded within the system. This work
				must be done by the human resource administrator or the human resource
				administrator's designee.
16.2. The
				method of calculating the employee's new base salary after a downgrade is the
				same as that specified for a demotion.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-17 - Transfer

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. No change of
				base salary as a function of a transfer may occur.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-08 - Personnel Administration › Section 133-8-19 - Salary Schedule and Implementation Strategy

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The new compensation and classification
				program and accompanying pay structure will be implemented on January 1,
				1994.
19.2. Any classified employee
				whose current base salary is below the equity step for his/her pay grade on
				January 1, 1994, will be increased to at least the equity step set out in this
				rule.
19.3. For those employees
				whose salaries as of January 1, 1994 are below the step in any salary schedule
				which may be subsequently enacted by the Legislature or adopted by the
				governing boards that equates to their appropriate years of state service, the
				difference in salary shall be phased in over a three-year period if sufficient
				additional state funds are appropriated from the Legislature.
19.3.1. Nothing in this rule shall be
				interpreted as prohibiting the governing boards from allocating funds in any
				fiscal year for across-the-board raises for all classified employees, unrelated
				to equity or market issues, if the Legislature specifically appropriates funds
				for such purpose.