reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-9 - Claims

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. After property
				has been paid or delivered to the administrator, another state may recover any
				property subject to W. Va. Code §
									36-8-14.
9.2. A person, excluding another state,
				claiming property paid or delivered to the administrator shall file a claim on
				a form prescribed and provided by the administrator. In addition to the
				prescribed form, the claimant shall:
9.2.1.
				provide a photo copy or documentation of his or her driver's license, or other
				acceptable form of identification approved by the administrator;
9.2.2. complete an affidavit or an electronic
				verification prescribed by the administrator;
9.3.4. complete a claim form electronically;
				and
9.3.5. provide any other
				evidence the administrator may require in order to authorize and pay the
				claim.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-10 - Holder paying claim

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In the
				event a holder pays a claim to an owner for property previously paid to the
				administrator, the holder may file a request for reimbursement with the
				administrator. The administrator will verify the payment is for property
				previously reported and paid. The holder shall provide the documentation
				requested by the administrator and then the administrator shall reimburse the
				holder within ninety (90) days of the date the administrator verifies the
				amount due the holder.
10.2. The
				administrator shall remit any earnings on the owner's account to the owner paid
				by the holder.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-11 - Periods of Limitation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				administrator shall commence an action against a holder within ten years after
				the time the property was first reported or specifically placed in
				issue.
11.2. A holder which
				conceals property, willfully or otherwise, does not have the protection of the
				stated limitations period provided in W. Va. Code §
									36-8-19.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-16 - Reporting and Claiming Unknown and Unlocatable Interest Owners Reserved Interests › Section 112-16-12 - Requests for Reports and Examination of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The administrator shall notify the
				holder in writing ten (10) days prior to an examination of the holder's
				records, conducted pursuant to §
									36-8-20
				of the UUPA. The administrator may waive the ten-day notice, prior to
				performing an examination, if the administrator determines that the existence
				of the records may be in jeopardy by use of the advance notice
				provision.
12.2. The administrator
				may require a holder to report and pay unclaimed property that the
				administrator reasonably estimates is due based upon the examination of the
				records or by any other reasonable method of estimation. Any other reasonable
				method of estimation shall not include a determination of ownership interests
				or prices, unless the holder has made no reports.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule contains the procedures of the West Virginia State Treasurer's Office for
				procurements exempt from W. Va. Code §
									5A-3-1 et seq. or the requirements
				of the West Virginia Department of Administration, Purchasing Division. This
				rule is filed in compliance with W. Va. Code §
									29A-3-1 et seq., W.Va. Code
				§
									5A-1-12, which requires state
				agencies exempt from some or all of the requirements of W.Va. Code §
									5A-3-1 et seq. to adopt internal
				purchasing procedures.
1.2.
				Authority. -- W. Va. Code §
									5A-1-12, W. Va. Code §
									5-10B-3, W.Va. Code §
									12-1-7, W. Va. Code §
									12-3A-3, W. Va. Code §
									12-5-7, W. Va. Code §
									12-6C-5, W. Va. Code §
									18-30-5, W. Va. Code §
									18-30A-6, and W. Va. Code §
									18-31-4.
1.3. Filing Date. -- April 16, 2024
1.4. Effective Date. -- May 16,
				2024
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-3 - Purchasing Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
The following are the exemptions from the provisions of W.
				  Va. Code §
									5A-3-1 et seq. for the STO:
3.1. Banking, Investments and Related
				Commodities and Services - W.Va. Code §
									12-1-7 and §12-3A-3.
3.1.1. W.Va. Code §
										12-1-7 provides that only the
				Treasurer has authority to enter into contracts with financial institutions for
				banking commodities and services.
3.1.2. W.Va. Code §
										12-3A-3 requires the Treasurer to
				competitively bid for necessary banking, investment and related commodities and
				services, which procurements are exempt from §5A-3-1 et seq.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-5 - Purchasing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Documentation associated with all procurements shall be maintained in files in
				accordance with the STO record retention policy.
5.2. All purchases of commodities and
				services are subject to expenditure approval.
5.3. Contracts are issued for all
				procurements regardless of dollar amounts to assist with tracking and ensure
				proper internal controls.
5.4. The
				vendor is responsible for submitting a correct and accurate bid to STO
				Purchasing by the specified bid opening time and date and location and in
				accordance with the procurement documents.
5.5. Prior to award of a contract, a vendor
				must be a registered vendor as required by the West Virginia State Purchasing
				Division, document any required license or insurance, and be in good standing
				with state and local entities, including, but not limited to, the West Virginia
				Secretary of State and West Virginia Workers Compensation.
5.6. A contract award is subject to the
				provisions of West Virginia State Code which automatically void certain
				contract clauses that violate State Law.
5.7. Vendors to be awarded a contract of $1
				million or more or a series of related contracts for which the cumulative total
				exceeds $1 million shall submit to the STO a fully completed Disclosure of
				Interested Parties form authorized by the West Virginia Ethics
				Commission.
5.8. A vendor shall not
				commence work on any procurement without receipt of the awarded contract by STO
				Purchasing and any required notice to proceed. The STO will not be responsible
				for any work by a vendor prior to and not in accordance with the contract
				awarded.
5.9. All requests for
				commodities or services shall be submitted in a written requisition to STO
				Purchasing via email, written memo, or other method. All requests require the
				approval of the Treasurer, Assistant Treasurer, Deputy Treasurer, or Director
				of that STO division or other person with the appropriate signature
				authority.
5.10. Upon receipt, a
				requisition is reviewed to determine the sourcing method for the procurement.
5.10.1. Sourcing methods considered include
				review of inventory from stockroom; state sources (e.g., Correctional
				Industries, sheltered workshops, surplus property); statewide or agency master
				agreements; cooperative contracts; or obtaining bids if required by the
				procurement method levels.
5.10.2.
				Any STO contract usable by another state entity or a political subdivision will
				state the use.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-6 - Formal Procurement Documents and Processes

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Request for Quotation (RFQ)
6.1.1. An RFQ shall contain a detailed
				description of or specification for, the item(s) being purchased, any required
				delivery date, quantities, bid price per unit, and information on how to
				complete and submit the RFQ bid and deadlines.
6.1.2. Bids are reviewed by STO Purchasing
				and the division requesting the item(s) to verify each bid meets the
				requirements of the RFQ.
6.1.3.
				Award will be made to the lowest responsible and responsive vendor.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-7 - Other

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Depository
				Agreements
7.1.1. W.Va. Code §
										12-1-2 requires the STO to
				designate as depositories various financial institutions in the state that meet
				the requirements in the W.Va. Code and rules. Bidding is not appropriate as any
				financial institution in the state that meets the requirements may be a
				state-approved depository. The number of state-approved depositories in West
				Virginia exceeds 45. Depository contracts need to have a long term to protect
				the state since the financial institution receives and hold moneys for which
				the state is responsible. It is not practical to have to enter into new
				contracts and bonds on any regular basis due to the large number of contracts
				and their importance.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-8 - Vendor Complaints and Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Complaints - A vendor may verbally or in
				writing complain about a procurement to STO Purchasing. STO Purchasing will
				provide a written response to the complaint.
8.2. Types of Protests
8.2.1. Protests of Requirements,
				Specifications or Terms - Any protest relating to a procurement document,
				including any requirement, specification or term, or any combination thereof,
				must be filed in writing with the STO Purchasing Division no later than five
				(5) business days prior to the specified bid opening date and time. Protests
				received after that date will not be considered.
8.2.2. Protests of Award - After selection of
				the apparent successful vendor in a procurement using an RFP, STO Purchasing
				will send a written notice of award to each vendor submitting a bid advising of
				the results and the date and time for a protest to be received by STO
				Purchasing. Vendors shall submit any protest of award no later than five (5)
				business days of the written notice. Protests received after the stated date
				and time will not be considered.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-9 - Public Records

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Procurement documents inform vendors that the entire response submitted for
				that procurement and any resulting contract are considered public
				documents.
9.2. As public
				documents, procurement documents are disclosed to the public following the bid
				opening or award of a contract in accordance with the WVFOIA.
9.3. Any bid or other document in a
				procurement file may be disclosed pursuant to a WVFOIA request, even if the bid
				or other document contains statements or labels attempting to prevent
				disclosure, such as confidential, trade secret, private, or any other
				claim.
9.4. The STO shall not be
				liable for any disclosure of a procurement document.
9.5. If a vendor requests the STO execute a
				non-disclosure agreement to protect portions of its bid from disclosure for an
				RFP procurement, it must make the request to STO Purchasing at least one week
				prior to the date of the bid opening. A non-disclosure agreement may be
				executed at any time to prospectively protect any procurement documents,
				contracts or information.
9.6. The
				STO has no duty to inform a vendor that any procurement documents, contracts or
				other documents or information will be disclosed pursuant to a
				WVFOIA.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-10 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person
				who authorizes or approves a purchase or contract in violation of federal or
				state law, this rule, or any policy or procedure adopted by the STO may be held
				personally liable for the cost of the procurement or contract. Procurements and
				contracts violating federal or state law or this rule are void and of no
				effect.
10.2. The STO will follow
				vendor suspensions and debarments by the federal government and the West
				Virginia Department of Administration, Purchasing Division.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule provides the administrative requirements of the Hope Scholarship
				Program.
1.2. Authority. - W. Va.
				Code §
									18-31-9.
1.3. Filing Date. - April 13, 2023
1.4. Effective Date. - June 15,
				2023
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Academic
				year" means the period of time occurring between the first day of July and
				ending on the 30th day of June, during which a student must meet the
				educational requirements equivalent to an instructional term as provided in W.
				Va. Code §
									18-8-1.
2.2. "Account" means the savings account
				established for an individual Hope Scholarship student, into which the Board
				deposits the Hope Scholarship funds allocated to said student pursuant to W.
				Va. Code §
									18-31-6.
2.3. "Account holder" means the person
				designated and authorized to administer and manage a Hope Scholarship student's
				account according to section 5 of this rule.
2.3.1. For the purposes of a student's
				enrollment application, "account holder" refers to the person who applies or
				submits information on behalf of the potential Hope Scholarship
				student.
2.3.2. For the purposes of
				this rule, "account holder" does not include a secondary account holder unless
				the provision in question clearly and specifically refers to a "secondary
				account holder."
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-3 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A student
				is eligible to apply to participate in the Hope Scholarship Program if the
				student:
3.1.1. Is a resident of the State of
				West Virginia;
3.1.2. Has not
				successfully completed a secondary education program;
3.1.3. Is under 21 years of age;
				and
3.1.4. Meets one of the
				following criteria at the time an enrollment application is submitted:
3.1.4.a. The student is eligible to be
				enrolled in a kindergarten program in West Virginia according to W.Va. Code
				§
											18-8-1a;
Provided,
That if a student has not yet attained the age of
				five by July 1 and would not be eligible to be enrolled in a kindergarten
				program under the provisions of W. Va. Code §
											18-5-18, the student may become
				eligible for a Hope Scholarship if the student successfully enrolls in a public
				kindergarten program in West Virginia through the public kindergarten program's
				early entrance process. If a student who has not yet attained the age of five
				by July 1 and who is unable to enroll in a public kindergarten through an early
				entrance process otherwise attends a kindergarten program authorized under
				W.Va. Code §
											18-8-1a, that student is
				considered an existing private school or homeschool student who must meet the
				eligibility requirement under subdivision 3.1.4.c. of this rule to become
				eligible for the Hope Scholarship Program since the student is no longer
				eligible for kindergarten.
3.1.4.b.
				The student was enrolled in an elementary or secondary public school education
				program in the State of West Virginia for the entire instructional term during
				the academic year immediately preceding the academic year for which the student
				is applying to participate in the Hope Scholarship Program; or
3.1.4.c. The student is enrolled full-time
				and attending an elementary or secondary public school education program in the
				State of West Virginia at the time of application and has been enrolled in said
				program for at least forty-five (45) consecutive calendar days during an
				instructional term. The student must remain enrolled and attending public
				school until an award letter is issued by the Board. To meet the attendance
				portion of this eligibility option, students shall not have unexcused absences
				during the public-school enrollment period that exceed the threshold to be
				considered chronically absent, which is ten percent of the calendar days
				enrolled in the public school.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-4 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Enrollment
				applications.
4.1.1. An account holder must
				submit an enrollment application to the Board on a student's behalf in order to
				enroll the student in the Hope Scholarship program.
4.1.2. The Board will accept enrollment
				applications from eligible students from March 1 until May 15 of each calendar
				year, for the academic year beginning on July 1 of that calendar year:
Provided
, That if an application deadline occurs on an
				official state holiday or a weekend day, the deadline will be the next
				occurring weekday that is not an official state holiday.
4.1.3. The enrollment application will be on
				a form prescribed by the Board and will require applicants to provide, at a
				minimum, the following information:
4.1.3.a.
				Account holder name;
4.1.3.b.
				Account holder physical address;
4.1.3.c. Account holder mailing
				address;
4.1.3.d. Account holder
				email address;
4.1.3.e. Student
				name;
4.1.3.f. Student physical
				address;
4.1.3.g. Student mailing
				address;
4.1.3.h. Student county of
				residence;
4.1.3.i. Student date of
				birth;
4.1.3.j. The student's West
				Virginia Education Information System (WVEIS) number; and
4.1.3.k. Documentation demonstrating that the
				student meets the eligibility requirements for participation in the Hope
				Scholarship program, as required by the Board, including but not limited to, a
				copy of the student's birth certificate and proof of West Virginia residency.
				The list of acceptable documents to satisfy proof of West Virginia residency
				includes the following:
4.1.3.k.1. Two West
				Virginia utility bills not more than 60 days old from two different companies,
				not including termination notices;
4.1.3.k.2. Tax records with a West Virginia
				address matching the address on the application;
4.1.3.k.3. Proof of West Virginia home
				ownership, such as a mortgage document or homeowner's insurance
				document;
4.1.3.k.4. A valid West
				Virginia vehicle registration card;
4.1.3.k.5. Residential rental or lease
				agreement; or
4.1.3.k.6. Proof of
				public assistance through the West Virginia Department of Health and Human
				Resources.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-5 - Authorized Account Holder

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				enrollment application must designate one eligible person to serve as the
				account holder for the student's Hope Scholarship account. The account holder
				will be authorized to expend and manage Hope Scholarship funds on behalf of the
				Hope Scholarship student. The following persons are eligible to serve as
				account holder:
5.1.1. The student's
				biological parent, legal guardian, custodian, or other person with legal
				authority to act on behalf of a Hope Scholarship student as determined by the
				Board; or
5.1.2. The student, if
				the student is 18 years of age or older on or before the first day of the
				academic year.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-6 - Account Holder Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prior to
				establishing a Hope Scholarship account, the account holder must enter into a
				written contract with the Board, agreeing, at a minimum, to the following:
6.1.1. To ensure that the Hope Scholarship
				student receives an education in at least the subjects of reading, language,
				mathematics, science, and social studies;
6.1.2. To use the Hope Scholarship funds
				exclusively for qualifying expenses of the Hope Scholarship student as provided
				in W. Va. Code §
										18-31-7 and section 9 of this
				rule;
6.1.3. To comply with the
				rules and requirements of W. Va. Code §
										18-31-1
et seq.
and this rule;
6.1.4. To afford the
				Hope Scholarship student opportunities for educational enrichment such as
				organized athletics, art, music, or literature; and
6.1.5. For a student who chooses an
				individualized instructional program, to submit the student's annual nationally
				normed standardized achievement test results or an annual certified teacher's
				review of the student's academic work to the superintendent of the county of
				residence, as required by W. Va. Code §
										18-31-8, no later than June 8
				prior to the upcoming academic year:
6.1.6. To authorize the Board, the West
				Virginia State Treasurer's Office, the West Virginia Department of Education,
				and the contracted program manager acting on behalf of the Board to exchange
				all necessary enrollment or other data to confirm initial and ongoing
				eligibility for the Hope Scholarship Program.
6.1.7. To agree that items purchased with
				Hope Scholarship funds shall not be resold to other parties.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-7 - Allocation and Distribution of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An account
				holder must establish a Hope Scholarship account with the Board prior to
				receiving or expending Hope Scholarship funds. The Board will provide the
				account holder with instructions for establishing an account upon issuance of
				an award letter indicating the Hope Scholarship student's acceptance into the
				program.
7.2. All Hope Scholarship
				transactions will be completed electronically using the online
				portal.
7.3. The Board will
				complete scholarship disbursements by electronically depositing Hope
				Scholarship funds into Hope Scholarship student accounts. The Board will
				deposit one half of the funds allocated to a Hope Scholarship student for the
				academic year in the student's account by August 15 of that year and the second
				half by January 15 of that year.
7.3.1. If a
				student was ineligible for the Hope Scholarship Program during the most recent
				enrollment application period but becomes eligible during the academic year,
				the board shall calculate a prorated amount for the annual Hope Scholarship by
				reducing the annual amount by a percentage amount equal to the number of the
				county board of education's instructional days that have elapsed in the
				student's county of residence since the beginning of the instructional term,
				divided by 180. The board shall deposit the Hope Scholarship funds into the
				student's account as soon as practicable after the student's application is
				approved in accordance with deposit schedule outlined in section 7.3. above,
				utilizing the assumption that the second half distribution shall be equal to
				the second half distribution of Hope Scholarship students approved for the full
				year and the first half distribution shall be the remaining balance of the
				prorated amount. If approved after January 15th
				during the year, the full prorated amount will be deposited into the student's
				account as soon as practicable after the student's application is
				approved.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-8 - Purchases and Refunds

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Account
				Holder Purchases.
8.1.1. An account holder
				must complete all payments of Hope Scholarship funds to education service
				providers and vendors electronically via the online portal.
8.1.2. Reimbursement of Hope Scholarship
				funds for payments made with non-Hope Scholarship funds will only be considered
				on a case-by-case basis due to extenuating circumstances. Any reimbursement
				request shall be made on a form prescribed by the Board and shall require
				detailed supporting documentation and receipts. Any reimbursement requires
				approval of the Board.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-10 - Account Termination

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Nonrenewal.
10.1.1. A Hope Scholarship
				student's participation in the program terminates at the end of the academic
				year for which he or she is enrolled unless the account holder files an
				application to renew the Hope Scholarship account according to the procedures
				in section 4 of this rule.
10.1.1.a. The Board
				will provide written notice to all Hope Scholarship account holders, at least
				45 days prior to the end of the renewal application period, informing the
				account holder of the following:
10.1.1.a.1.
				That he or she must file a renewal application in order to enroll the student
				in the Hope Scholarship program for the upcoming academic year;
10.1.1.a.2. That he or she must file a
				renewal application in order to continue the Hope Scholarship student's account
				for use during the upcoming academic year;
10.1.1.a.3. That failure to renew the Hope
				Scholarship student's account for the upcoming academic year will result in
				closure of the student's current account at the end of the academic year and
				forfeiture of all unused funds remaining in the account to the State;
				and
10.1.1.a.4. Instructions on how
				to file a renewal application with the Board, including all applicable
				deadlines.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-18 - Hope Scholarship Program › Section 112-18-11 - Provider Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Only an
				authorized education service provider may accept Hope Scholarship funds as
				payment for providing educational services to Hope Scholarship
				students.
11.2. The Board will
				authorize an individual or an entity to be an education service provider if
				that person or entity submits a notice of intent to become an education service
				provider on a form prescribed by the Board and complies with all requirements
				of W. Va. Code §
									18-31-1
et seq.
and this rule. A person or entity may become an authorized education service
				provider at any time during the academic year.
11.2.1. A West Virginia county board of
				education offering services to Hope Scholarship students is automatically
				considered to be an authorized education service provider and is not subject to
				the requirements of this section:
Provided
, That prior to
				receiving Hope Scholarship Funds, the county board of education must sign the
				Provider Contract described in section 11.3. of this section.
11.2.2. An education service provider
				receiving more than one hundred thousand dollars of Hope Scholarship funds
				annually may be required to provide a surety bond upon request of the
				Board.
11.2.3. The Board may
				consider entering into reciprocal agreements with state education savings
				account agencies or entities located in other states, whether public or
				private, to recognize and allow education service providers approved in other
				states to receive payments from Hope Scholarship accounts.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes the procedures and bylaws of the West Virginia Hope
				Scholarship Board.
1.2. Authority.
				- W. Va. Code §
									18-31-4, §
									18-31-5, §
									18-31-9, and §
									18-31-10.
1.3. Filing Date. - December 14,
				2023
1.4. Effective Date. - January
				15, 2024
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Account"
				means the savings account established for an individual Hope Scholarship
				student, into which the Board deposits the Hope Scholarship funds allocated to
				said student pursuant to W. Va. Code §
									18-31-6.
2.2. "Account holder" means the person
				designated and authorized to administer and manage a Hope Scholarship student's
				account according to the legislative rules of the board.
2.3. "Account violation" means any violation
				or attempted violation of W. Va. Code §
									18-31-1
et seq.
,
				W. Va. C.S.R. §
									112-18-1
et.
				seq.
, or other Hope Scholarship Program requirements by an account
				holder, parent, or student. The term also includes violation of any applicable
				criminal law involving Hope Scholarship funds or program resources by an
				account holder, parent, or student.
2.4. "Board" means the Hope Scholarship Board
				established in W. Va. Code §
									18-31-3.
2.5. "Control employee" means any employee or
				officer of an educational service provider entity who meets at least one of the
				following:
2.5.1. Owns a fifteen percent or
				greater equity, capital, or profits interest in the provider;
2.5.2. Collects a salary from the provider
				that is equal to or greater than fifteen percent of the provider's gross
				income;
2.5.3. Is an officer or
				director of the provider, or has the ability to withdraw funds from the
				provider's bank accounts into which Hope Scholarship funds are deposited;
				or
2.5.4. Is an employee of the
				provider, receives monetary compensation from the provider, and is an immediate
				family member of 50% or more of the students receiving goods or services from
				the provider.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-3 - Offices

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				principal office of the Board shall be located at the State Capitol in the City
				of Charleston, County of Kanawha, State of West Virginia. The Board may have
				such other office or offices, and transact business, either within or without
				the State of West Virginia, as the Board may designate or as the business of
				the Board may require from time to time.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-4 - Board Members

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Nine
				members constitute the Board: the Treasurer; who shall serve as Chair and
				presiding officer of the Board; the State Auditor, or his or her designee; the
				Attorney General, or his or her designee; the State Superintendent of Schools,
				or his or her designee; the Chancellor of Higher Education, or his or her
				designee; the Director of the Herbert Henderson Office of Minority Affairs, or
				his or her designee; three members appointed by the Governor, with the advice
				and consent of the Senate, who are parents of and account holders for Hope
				Scholarship students, or for the initial appointments of board members
				following the effective date of this article, parents who intend to apply for
				the Hope Scholarship on behalf of eligible students.
4.2. The Board shall have such powers and
				duties as provided by law, including but not limited to those powers and duties
				enumerated in W. Va. Code §
									18-31-1
et
				seq.
4.3. For initial
				appointments to the Board, the Governor will appoint members to staggered terms
				as follows:
4.3.1. One member will be
				appointed to a one-year term;
4.3.2.
				One member will be appointed to a two-year term; and
4.3.3. One member will be appointed to a
				three-year term.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-5 - Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board
				may establish committees as it considers necessary to carry out its
				responsibilities. The Chair may establish one or more committees as he or she
				considers appropriate. The Chair shall appoint board members and other persons
				to serve on committees. Each committee shall report any meeting minutes or
				recommendations adopted by the committee at the first board meeting occurring
				after said meeting or recommendation. Committees established by the Board shall
				continue in existence until dissolved by action of the Board.
5.2. The designation and appointment of a
				committee and the delegation thereto of authorities shall not operate to
				relieve the Board or any individual member of any responsibility imposed upon
				it or him by law.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-6 - Board and Committee Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All Board
				and committee meetings, and all notices required, shall comply with the
				provisions of the West Virginia Open Governmental Proceedings Act, W. Va. Code
				§
									6-9A-1
et
				seq
.
6.2. The Board shall
				meet as often as necessary but at least quarterly.
6.3. Committee meetings shall be held at such
				time and place as called by the Chairman of the committee.
6.4. Special and Emergency Meetings.
6.4.1. The Board may call a special meeting
				is a meeting to carry out a special purpose outside of a regular meeting. The
				Board may call an emergency meeting to address an unexpected event which
				requires immediate attention because it poses an imminent threat to public
				health or safety; an imminent threat of damage to public or private property;
				an imminent material financial loss; or other imminent substantial harm to a
				public agency, its employees, or the members of the public which it
				serves.
6.4.2. Special and emergency
				board meetings may be called by or at the request of the Chair. The purpose of
				an emergency meeting must be stated at the meeting and in the
				minutes.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-7 - Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The State
				Treasurer shall be the Chairman of the Board. The Board shall appoint a
				Secretary and may elect or appoint any other officers as it considers
				necessary.
7.2. One person may hold
				more than one office on the Board, except that the same person may not serve as
				Chair and Secretary. No officer shall execute, acknowledge, or verify any
				instrument in more than one capacity, if such instrument is required by law or
				the Bylaws to be executed, acknowledged, verified, or countersigned by two or
				more officers.
7.3. Chair
7.3.1. The Chair shall be the principal
				executive officer of the Board and, subject to the control of the Board, shall
				supervise and control the business, operations, transactions, and other matters
				of the Board. He or she shall, when present, preside at all meetings of the
				Board, and perform all duties incident to the office of the Chair.
7.3.2. As Chair, the duties include, but are
				not limited to, negotiating and signing any contract or other document or
				instrument which the Board has authorized to be executed, except in cases where
				the signing and execution thereof shall be expressly delegated by the Board to
				another person, or shall be required by law to be otherwise signed or executed;
				providing personnel from the STO to act as staff for the Board and taking all
				necessary actions in connection with personnel-related matters; obtaining all
				necessary goods and services needed for operation of the Program; representing
				the Board; and performing such duties as may be required by his position or as
				prescribed by the Board.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-8 - Designees and Indemnification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any duty
				authorized, provided, or required to be performed by any board member or
				officer may be performed by his or her duly authorized designee.
8.2. To the extent permitted by law, the
				Board shall indemnify each current and former board member, officer, designee,
				committee member, or state employee performing services on behalf of the Board,
				as well as his or her heirs and personal representatives, against costs and
				expenses (including judgments, fines, taxes, penalties, and interest) at any
				time reasonably incurred by him arising out of or in connection with his or her
				service on or for the Board:
Provided,
That the board will not
				indemnify said person for matters as to which he or she shall be adjudged in
				such action, suit, or proceeding to be liable for gross negligence or willful
				misconduct in the performance of a duty to the Board. If in the judgment of the
				Board, a settlement of any claim, action, suit, or proceeding so arising be
				deemed in the best interest of the Board, any such board member, officer,
				designee, committee member, or STO or State Superintendent of Schools employee
				performing services on behalf of the Board shall be reimbursed for any amounts
				paid by him in effecting such settlement and reasonable expenses incurred in
				connection therewith. If payment of any costs and expenses is advanced pursuant
				to this provision prior to adjudication or settlement, such payments shall be
				repaid to the Board in the event it shall ultimately be determined that such
				board member, officer, designee, committee member, or STO or State
				Superintendent of Schools employee performing services on behalf of the Board
				is not entitled to be indemnified by the Board pursuant to this provision or
				pursuant to a duly adopted resolution of the Board. The right of
				indemnification set forth herein shall be in addition to any and all other
				rights to which any board member, officer, designee, committee member, or STO
				or State Superintendent of Schools employee performing services on behalf of
				the Board may be entitled as a matter of law or pursuant to a duly adopted
				resolution of the Board:
Provided,
That the Board shall not
				indemnify any person or persons who shall be adjudged liable for gross
				negligence or willful misconduct in the performance of a duty to the
				Board.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-9 - Contracts and Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any member
				of the Board is authorized to receive on behalf of the Board any moneys due and
				payable to the Board from any source whatsoever.
9.2. The Board may authorize the Chair or its
				officers or agents to enter into any contract or execute and deliver any
				instrument in the name of and on behalf of the Board. A contract, agreement, or
				purchase required in the normal course of business in the total amount of
				$25,000.00 or less does not require board approval.
9.3. In selecting vendors to provide goods
				and services to the Board, the Board shall follow the West Virginia State
				Treasurer's Office purchasing procedures set forth in W. Va. C.S.R. §
									112-17-1
et
				seq.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-10 - Fiscal Year and Accounting Period

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				fiscal year and accounting period of the Board shall begin July 1 and end June
				30 each year.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-11 - Procedures Following Suspicion of a Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Upon
				reasonable suspicion of an account violation or a provider violation, Staff
				shall follow the procedures set forth in this section.
11.2.
Account violation. -
11.2.1. Upon reasonable suspicion of an
				account violation, Staff shall immediately direct the program manager to place
				a temporary hold or freeze on the Hope Scholarship account or accounts involved
				in the suspected violation if determined necessary to prevent further
				violations or loss of funds. Staff shall provide written notice of the hold or
				freeze to the account holder according to the requirements of W. Va. C.S.R.
				§
										112-18-10.3.1.
11.2.2. Following reasonable suspicion of an
				account violation, Staff shall conduct a written or verbal inquiry with the
				individual or individuals suspected of a violation, designed to ascertain
				whether a violation has occurred. Any written inquiry will clearly state the
				date by which the individual must submit a written response and produce
				requested records.
11.2.3. Staff
				shall review the information and records produced pursuant to any written or
				verbal inquiry, along with any other relevant information available to the
				Board. Following said review, Staff may:
11.2.3.a. Lift the hold or freeze on an
				account if Staff determine that there is no evidence of an account violation in
				the information and records produced or other relevant information available to
				the Board;
11.2.3.b. Present the
				information discovered in the inquiry and any subsequent audit to the Board
				along with any Staff recommendation to terminate an individual's participation
				in the program for a period of time, declare an individual or provider
				permanently ineligible to participate in the Hope Scholarship Program, or both,
				pursuant to W. Va. CSR §
											112-18-10.3.3; or
11.2.3.c. Commence a more extensive account
				audit by an outside auditor retained by the Board, an internal auditor provided
				to the Board by the West Virginia State Treasurer's Office, or the West
				Virginia State Auditor if additional information is needed to determine whether
				one or more account violations has occurred:
Provided,
That
				the Board may take any of the actions set forth in subsection 11.5 of this rule
				prior to the conclusion of an audit if one or more account violations are
				clearly demonstrated in the information or records initially available to the
				Board, but further audit is needed to investigate evidence of additional
				violations.
West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-19 - West Virginia Hope Scholarship Board Procedures and Bylaws › Section 112-19-12 - Procedures Following Suspension or Permanent Disqualification for Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. If the
				Board votes to terminate an individual or provider's participation in the
				program for a period of time or to permanently disqualify an individual or
				provider from participating in the program pursuant to section 11 of this rule,
				Staff will take the following actions:
12.1.1.
				Staff will immediately instruct the program manager to discontinue the
				individual or provider's ability to access or complete transactions with their
				portal account, if the individual or provider's account or provider status is
				not already on hold or frozen;
12.1.2. Staff will provide notice of the
				Board's action or actions to the affected individual or provider, with
				instructions for submitting an appeal to the Board; and
12.1.3. If an appeal is not filed within
				forty-five (45) calendar days following the Board vote or votes, Staff will
				take steps necessary to close any account associated with a terminated or
				disqualified individual or provider according to generally applicable
				procedures for closing Hope Scholarship accounts and remit all funds remaining
				in a closed Hope Scholarship account to the State.