reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-7 - Mandated Reporting of Suspected Child Abuse or Neglect

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The following individuals are mandated
				reporters of child abuse and/or neglect, as outlined in W. Va. Code §
				49-6A-2:
7.1.a. Medical, dental, and mental
				health professionals
7.1.b.
				Christian Science practitioners, religious healers, and members of the
				clergy
7.1.c. School teachers and
				other school personnel
7.1.d.
				Social service, child care, and foster care workers
7.1.e. Emergency medical service
				personnel
7.1.f. Law enforcement
				officials and peace officers
7.1.g.
				Humane officers
7.1.h. Circuit
				court judges, family court judges, and magistrates
7.1.i. Division of Juvenile Services
				employees
7.1.j. Youth camp
				administrators
7.1.k. Counselors,
				employees, coaches or volunteers of an entity that provides organized
				activities for children
7.1.l.
				Commercial film or photographic print processors
7.1.m. In specific cases, all persons over
				the age of 18 (see 7.2.a.)
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-08 - Protocol for Law Enforcement Response to Child Abuse and Neglect › Section 149-8-8 - Appendix

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. West Virginia
				Criminal Code Sections to reference:
8.1.a.
				Abuse.
8.1.a.1. W. Va. Code §
											61-2-28
				Related to domestic violence offenses;
8.1.a.2. W. Va. Code §
											61-8D-1
				Definitions relating to child abuse and neglect;
8.1.a.3. W. Va. Code §
											61-8D-2
				Murder of a child by a parent, guardian or custodian;
8.1.a.4. W. Va. Code §
											61-8D-2a
				Death of a child by parent, guardian or custodian;
8.1.a.5. W. Va. Code §
											61-8D-3
				Child abuse resulting in injury or creating risk of injury;
8.1.a.6. W. Va. Code §
											61-8D-3a
				Dealing with female genital mutilation.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-09 - William R. Laird IV - Second Chance Driver's License Program › Section 149-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes the standards for the Second Chance Driver's
				License Program or SCDL. In furtherance, this rule also creates a mechanism or
				framework for SCDL Program execution; and, coordination among the Division of
				Justice and Community Services (DJCS); Division of Motor Vehicles (DMV) and the
				court(s). The purpose of this coordination is to allow an individual who has
				had their driver's license suspended or revoked as a result of unpaid court
				costs, and meets the requirements set forth in statute and this rule, to be
				accepted for participation in the SCDL and to receive a temporary stay of the
				suspension or revocation from the Commissioner of DMV while the unpaid court
				costs are being paid.
1.2.
				Authority. - W. Va. Code §
									17B-7-10.
1.3. Filing Date. - July 21, 2012
1.4. Effective Date. - Approved August 12,
				2016 as Emergency Rule
1.5. Sunset
				Date. - Five years from effective date.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-09 - William R. Laird IV - Second Chance Driver's License Program › Section 149-9-3 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The purpose of
				this section is to establish the minimum eligibility requirements for
				participation in the SCDL.
3.2.
				Eligibility Requirements. - To be eligible to participate in the SCDL a person
				must:
3.2.a. Have had his or her driver's
				license suspended or revoked only for failure to remit unpaid court costs
				pursuant to §
										17B-3-3a
				or §
										17B-3-3c
				of the Code of West Virginia and not for suspensions or revocations based on
				Failure to Appear or Failure to Respond;
3.2.b. Be at least twelve (12) months
				delinquent in the payment of unpaid court costs to a court(s);
3.2.c. Not have had any unpaid court costs
				incurred from charges that involve driving a commercial motor vehicle or which
				otherwise violate the commercial drivers' license requirements in §17E of
				the Code of West Virginia.
3.2.d.
				Not currently have his or her driver's license suspended, revoked or cancelled
				for any other drivers license suspensions, revocations or cancellations in West
				Virginia, or other states, territories or jurisdictions.
3.2.e. Successfully pass a vision test, the
				driver license knowledge test and the road skills test, if the applicant's
				driver's license is expired or has been surrendered longer than six (6)
				months.
3.2.f. Meet other
				eligibility requirements established by these rules or the Program Guidelines
				executed and posted by the director.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-09 - William R. Laird IV - Second Chance Driver's License Program › Section 149-9-4 - The SCDL Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The purpose
				of this section is to establish general program structures, functions and
				guidance.
4.2. Application - Any
				person wishing to participate in the SCDL shall complete a SCDL Program
				Application. This application may be completed in hard copy form or electronic
				format, at the discretion of the director. The application will contain
				completion instructions. The application shall contain a participant section to
				be completed by the individual requesting to participate in the SCDL.
4.2.a. Application - Applicant Section. This
				section of the application shall contain the following participant information:
4.2.a.1. Name (Last Name, Middle Initial,
				First Name, Maiden name as applicable);
4.2.a.2. Residence address, city, state and
				ZIP code;
4.2.a.3. Mailing address
				(if different from residence address);
4.2.a.4. Email address;
4.2.a.5. West Virginia Driver's License
				number (DLN);
4.2.a.5.
				Birthdate;
4.2.a.6.
				Gender;
4.2.a.7. Daytime
				phone;
4.2.a.8. Mobile
				phone;
4.2.a.9. Social security
				number (SSN);
4.2.a.10. Amount of
				unpaid court costs due, as known by the applicant (with the director, for this
				item, being able to request copies of documents for verification as
				needed);
4.2.a.11. Applicant's
				signature affirming that the information provided in the section is true and
				accurate and consenting to the exchange of the personally identifiable
				information (PII) on the application between the DJCS, DMV and the court(s);
				with an acknowledgement that the provision of false or misleading information
				on the application may cause the participant to be denied participation in, or
				removal from, the SCDL and, the date of
				signature/submittal.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-09 - William R. Laird IV - Second Chance Driver's License Program › Section 149-9-5 - Payments, Compliance and Non-compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The purpose of this section is to
				establish the payment, compliance, and non-compliance process of SCDL
				participation.
5.2. The director
				and/or the executive board shall develop a fair, standard formula to be applied
				to each applicant that is based on the information submitted and the unpaid
				court costs determined. That formula shall be published in the guidelines. The
				purpose of this formula will be for determining a consolidated monthly
				repayment schedule and generate a monthly payment amount. At the discretion of
				the Director and within reason, this formula may be modified, in whole or in
				part, on a case-by-case basis to address mitigating circumstance which could
				influence a participant's ability to make monthly payments. This formula shall:
5.2.a. Demonstrate at least, a minimum
				monthly payment of $50; and,
5.3.b.
				Create a schedule which will allow for the participant to completely repay all
				unpaid costs due within twelve (12) months or less beginning on the date of
				notification, and,
5.4.c. May, upon
				a determination of financial hardship by the director or his or designee based
				on a review of financial obligations and earnings by the applicant, have a
				payment schedule that may be extended to no more than twenty-four (24)
				months.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-09 - William R. Laird IV - Second Chance Driver's License Program › Section 149-9-6 - Data Use and Retention

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The use
				and retention of information provided or obtained by the director as part of
				the SCDL and participation procedures will follow Privacy and Security laws and
				the Privacy and Security Guidelines as set by the West Virginia Privacy
				Management Team as authorized by Executive Order of the Governor.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-09 - William R. Laird IV - Second Chance Driver's License Program › Section 149-9-7 - Appeal of SCDL Program Decisions or Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If an applicant is denied SCDL
				participation or a participant is removed from the SCDL he or she may appeal
				the decision or action within thirty (30) days and in accordance with the
				provisions of section four, article five, chapter twenty-nine-a of the West
				Virginia Code of 1931, as amended.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-11 - Sexual Assault Forensic Examinations › Section 149-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope.
-- This rule establishes requirements for the treatment
				of sexual assault victims at a health care facility that provides sexual
				assault forensic exams.
1.2.
Authority.
-- W. Va. Code §15-9B-4.
1.3.
Filing Date.
-- May 7,
				2024.
1.4.
Effective
				Date.
-- August 5, 2024.
1.5.
Sunset Provision.
--
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6.
Applicability.
-- This rule is applicable to any health care
				facility that provides sexual assault forensic exams.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-11 - Sexual Assault Forensic Examinations › Section 149-11-3 - Treatment of sexual assault victims

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Every hospital shall have available 24
				hours a day seven days a week:
3.1.1.
				Qualified medical personnel performing exams on adults/adolescents who have
				completed a 40-hour sexual assault nurse examiner course and demonstrate
				clinical competency as outlined and approved by the SAFE Commission;
3.1.1.a. Qualified medical personnel
				performing exams on pediatric (under age 14)/adolescent victims (ages 14-18)
				who have completed a 40-hour pediatric sexual assault nurse examiner course and
				demonstrate clinical competency as outlined and approved by the SAFE
				Commission;
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-11 - Sexual Assault Forensic Examinations › Section 149-11-4 - Photo documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Photo documentation taken during a medical forensic examination shall be
				maintained in a confidential manner.
4.2. Photo documentation shall be stored and
				backed up securely in its original file format in accordance with written
				facility protocol.
4.3. Photo
				documentation of the sexual assault victim's injuries, anatomy involved in the
				offense, or other visible evidence on the sexual assault victim's body may be
				used in connection with peer review; expert second opinion; or in a criminal
				proceeding against a person accused of sexual offense, a juvenile delinquency
				proceeding pursuant to W. Va. Code §49-4-701
et seq.,
or an abuse and neglect investigation. Any dissemination under this subsection
				shall be in accordance with State and federal law.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-11 - Sexual Assault Forensic Examinations › Section 149-11-5 - Submitting sexual assault evidence for testing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Sexual Assault Evidence Collection
				Kit shall be used in the manner prescribed by the information contained in that
				kit.
5.2. With the victim's
				consent, as prescribed by subsection 5.3., the kit shall be completed in acute
				cases if the victim presents themselves for medical forensic services within 96
				hours after the sexual offense or has disclosed past sexual offense by a
				specific individual and was in the care of that individual within the last 96
				hours.
5.3 Written Consent to the
				Release of Sexual Assault Evidence for Testing.
5.3.1. Prior to the medical forensic exam,
				the health care professional providing the medical forensic services shall
				provide the patient the opportunity to sign a written consent to allow the
				transmission of sexual assault evidence for testing or to be stored as a
				nonreported kit. The written consent shall be on a form included in the Sexual
				Assault Evidence Collection Kit.
5.3.1.a. If
				the victim is an adult who has a guardian, a health care surrogate, or an agent
				acting under a health care power of attorney, the consent of the guardian,
				surrogate, or agent is not required to release evidence and information
				concerning the sexual assault or sexual abuse. If the adult is unable to
				provide consent for the release of evidence and information and a guardian,
				surrogate, or agent under a health care power of attorney is unavailable or
				unwilling to release the information, then an investigating law enforcement
				officer may authorize the release.
5.3.1.b. After the health care professionals
				make a mandatory report to law enforcement, all Sexual Assault Evidence
				Collection Kits collected on minors under the age of 18 shall be transmitted to
				the West Virginia State Police Lab for testing with no consent
				required.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-11 - Sexual Assault Forensic Examinations › Section 149-11-6 - Laboratory Responsibilities - Receipt of sexual assault evidence by laboratory

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon
				receiving a Sexual Assault Evidence Collection Kit, the West Virginia State
				Police Forensic Laboratory or a laboratory approved and designated by the
				Superintendent of the West Virginia State Police shall prepare a record that
				includes the date the sexual assault evidence was received from the health care
				facility, the date the evidence was reviewed, and the date the evidence was
				reviewed for collection quality.
6.2. After processing and testing of a Sexual
				Assault Evidence Collection Kit, the West Virginia State Police Laboratory
				shall transmit the Sexual Assault Evidence Collection Kit to the appropriate
				investigating state or local law-enforcement agency through any reasonable
				means sufficient to establish the proper chain of custody. The lack of timely
				submission or inadvertent loss or destruction of a Sexual Assault Evidence
				Collection Kit, standing alone, shall not constitute a bar to the prosecution
				of a sexual offense.
6.3. No Sexual
				Assault Evidence Collection Kit need be tested where the sexual assault victim
				has not consented to the testing, requests that the kit not be tested, where
				the sexual assault victim recants as to the allegation of a sexual offense, or
				the allegation that a sexual offense occurred is determined to be
				unfounded.
6.4. If the sexual
				assault victim does not consent to law enforcement involvement, the kit shall
				be designated a nonreported kit and transmitted to the Marshall University
				Forensic Science Center. Sexual assault victims shall be informed in writing at
				the time their nonreported kit is collected that the kit shall be stored and
				maintained for a period of 20 years from the date the kit was
				collected.
6.5. A sexual assault
				victim may request that the status of their kit be changed from reported to
				nonreported if the West Virginia State Police Crime Laboratory has not begun
				testing the kit. Upon execution of written request from the victim, the West
				Virginia State Police Crime Laboratory shall transfer the kit to the Marshall
				University Forensic Science Center to be stored as a nonreported kit.
6.6. A sexual assault victim may request that
				the status of their kit be changed from nonreported to a reported kit by
				authorizing the change in writing.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-11 - Sexual Assault Forensic Examinations › Section 149-11-7 - Maintenance of nonreported Sexual Assault Evidence Collection Kits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Sexual Assault
				Evidence Collection Kits transmitted to the Marshall University Forensic
				Science Center pursuant to subsection 6.4. shall be maintained at no cost to
				the victim for a period of 20 years from the date the kit was
				collected.
7.2. Upon receipt of a
				kit, the Marshall University Forensic Science Center shall confirm that the kit
				is a nonreported kit. If it is not, Marshall University Forensic Science Center
				shall arrange for the kit to be sent for testing at the WV State Police
				Laboratory. Similarly, if the WV State Police Laboratory receives a nonreported
				kit, it shall arrange for the kit to be sent to Marshall University Forensic
				Science Center to be stored.
7.3.
				After a two-year period from the date the kit was collected, if adequate
				storage space is not available, non-report kits shall be assessed for evidence
				and re-packaged from original kits into smaller containers for the remainder of
				the initial 20-year storage periods.
7.4. The Marshall University Forensic Science
				Center shall develop a detailed protocol approved by the SAFE Commission, to
				triage the kit, preserve any potential evidentiary materials, retain
				blood/urine toxicology specimens, create an electronic case file, and take an
				electronic photo of any packaging and unused kit materials that are
				disposed.
7.5. The Marshall
				University Forensic Science Center shall maintain a strict protocol approved by
				the SAFE Commission for the disposition of kits. This shall include the
				shredding/destruction of personal confidential information as well as the
				utilization of a regulated biohazardous medical waste disposal service for the
				disposition of any biological materials. All electronic case files on a
				disposed kit shall be permanently deleted.
7.6. The Marshall University Forensic Science
				Center shall send a notice to the sexual assault victim's last known address no
				fewer than 60 days prior to the date of the intended destruction or disposal of
				the evidence of the victim's rights under W. Va. Code §61-11A-9 (Sexual Assault Victims'
				Bill of Rights). The notice shall include information on the process that
				allows the victim to request, in writing, a ten-year extension on their kit's
				retention to the Marshall University Forensic Science Center, as provided in W.
				Va. Code §61-11A-9 (Sexual
				Assault Victims' Bill of Rights).
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				following rules govern the organizational operations of the Public Service
				Commission and set forth the various requirements for the administrative
				process and procedures followed by the Commission and all parties wishing to
				make use of the Commission as an administrative forum.
1.2. Authority. -- W. Va. Code §§
									24-1-1(f),
				24-1-7,
				24-2-1
				and
				24-2-2.
1.3. Filing Date. -- January 9,
				2019.
1.4. Effective Date. --
				February 8, 2019.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-2 - Rule 2, Change in Series, Application of Rules, General Offices and Hearing, and Executive Secretary to Furnish Information

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Change in Series -- This rulemaking
				reflects amendments and reenactment of W. Va. Code §§
									8-12-17,
				8-16-19,
				16-13A-1a,
				16-13A-9,
				16-13A-25,
				24-1-1,
				24-1-1b,
				24-1-2,
				24-2-1,
				24-2-2,
				24-2-3,
				24-2-4a,
				24-2-4b,
				24-2-7,
				24-2-11
				and
				24-3-5
				pursuant to Senate Bill 234 passed during the 2015 Regular Session of the West
				Virginia Legislature (SB 234) and House Bill 3096 passed during the 2017
				Regular Session of the West Virginia Legislature (HB 3096).
2.2. Application of rules.
If hardship results from the application of any rule
				  contained within these Rules of Practice and Procedure, or if unusual
				  difficulty is involved in immediately complying with any rule, or upon other
				  good cause shown, an applicant may request that the Commission grant a
				  temporary or permanent modification, exemption or waiver from its provisions.
				  The Commission will not consider any application for modification, exemption or
				  waiver in the absence of a full and complete justification for such
				  action.
2.3. General
				offices and hearings.
2.3.1. The contact
				information for the Commission is:
Public Service Commission of West Virginia
201 Brooks St.
P.O. Box 812
Charleston, WV 25323
Main switchboard telephone 304-340-0300
Main telefax 304-340-0325
Web site:
www.psc.state.wv.us
2.3.2. The general offices of the Commission
				shall be kept open, in charge of the Executive Secretary, or some other
				competent person, each working day from 9 a.m. until 5 p.m., for the purpose of
				filing complaints, applications and petitions, issuing and returning notices,
				and making and directing interlocutory motions, orders, rules and other
				proceedings preparatory to the hearing of cases on the Commission's formal
				docket.
2.3.3. Public sessions of
				the Commission for hearing motions, evidence or oral argument, or for public
				conference, shall be held at the Commission's offices at 201 Brooks Street,
				Charleston, WV, or such other places as may be designated by it, at such time
				as may be set upon notice by the Commission, subject to change upon such notice
				as may be practical.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-3 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
The Executive Secretary shall keep and index the following
				  records:
3.1. Formal Docket stating
				each formal case of complaint, investigation, application or petition, with a
				file number corresponding to the number of the case, together with brief
				chronological notations of the proceedings in the case.
3.2. Order Books recording, on the day of
				filing, all recommended and final Commission orders. The Executive Secretary
				shall keep and maintain separate Order Books for utility and motor carrier
				orders, and for General Orders.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-5 - Parties and Protestants

Current through Register Vol. XLI, No. 28, July 12, 2024
Parties to proceedings before the Commission are known as
				  applicants, petitioners, complainants, defendants, respondents, and
				  intervenors.
5.1. "Complainant" means
				any party in a formal complaint who complains of anything done or omitted to be
				done in violation of any law, rule, regulation or order administered or
				promulgated by the Commission.
5.2.
				"Defendant" means any party subject to the laws, rules, regulations and orders
				administered by the Commission against whom any complaint is filed.
5.3. "Intervenor" means any person permitted
				by the Commission to intervene as a party in any proceeding. Commission Staff
				need not petition to intervene and will be considered a party in any case in
				which it chooses to participate. Once an individual or entity has filed with
				the Commission a petition for leave to intervene in a proceeding in accordance
				with Rule 12.6., that individual or entity is considered a party for the
				purposes of filing papers with the Commission in accordance with Rule 4 and
				propounding discovery requests on other parties in accordance with Rule 13.6,
				unless and until the Commission rules otherwise by order.
5.4. "Respondent" means any party subject to
				the jurisdiction of the Commission to whom the Commission issues notice
				instituting a proceeding or investigation or inquiry of the Commission; and any
				party in interest or person ordered before any pending proceeding of the
				Commission.
5.5. "Applicant" means
				any party who files an application with the Commission for approval,
				determination, consent, certification or authorization of the
				Commission.
5.6. "Petitioner" means
				any party on whose behalf a petition is made for approval, determination,
				consent, certification or authorization of the Commission.
5.7. "Protestant" means any person who
				objects on the grounds of public or private interest to the approval,
				determination, consent, certification or authorization of any application,
				proposed tariff change, or petition which the Commission may have under
				consideration, and who is not a party to the proceeding (a protestant in a
				motor carrier case who wishes to participate as a party to a case must seek
				intervenor status).
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-6 - Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Informal
				complaints.
6.1.1. An informal complaint may
				be made by letter, other writing, telephone, through the Commission's Internet
				website, or by any other form of direct contact with Commission Staff.
				Commission Staff addresses an informal complaint through written correspondence
				or other form of communication with the utility complained against and attempts
				to resolve the complaint without formal hearing.
6.1.2. An informal complaint need not be in a
				specific format but must contain the essential elements of a formal complaint,
				including name, mailing address, and email address (if available) of the
				complainant, the correct name of the utility against which complaint is made, a
				clear and concise statement of the facts involved, and a request for relief. If
				Commission Staff takes an informal complaint over the telephone, Staff shall
				make a record of the foregoing essential elements.
6.1.3. The utility shall provide a response
				to Commission Staff by letter, other writing, telephone call or any other form
				of direct contact with Staff within ten (10) days of the Commission Staff's
				contact with the utility.
6.1.4.
				The informal complaint procedure is recommended in the majority of cases. If
				the informal complaint procedure fails to resolve the complaint the complainant
				may file and prosecute a formal complaint, and the informal proceeding will be
				discontinued. The informal complaint procedure does not preclude the filing of
				a formal complaint.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-7 - Answer

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Answer to
				Formal Complaint.
Within ten (10) days from the date of service of the
				  complaint and order as provided in Rule 6, each defendant named in the
				  complaint shall file an answer, duly verified, and substantially in the form of
				  Form No. 2. The Commission may shorten or extend the ten (10) day period when
				  it deems advisable.
7.2.
				Answer to General Investigation.
The Commission may require an answer to a motion for
				  initiation of a general investigation made by the Commission, Commission Staff,
				  or any other person.
7.3.
				Content.
The answer shall fully and completely advise the parties and
				  the Commission of the nature of the defense, and shall admit or deny
				  specifically and in detail each material allegation of the pleading
				  answered.
7.4.
				Satisfaction.
If a defendant satisfies a formal complaint, it shall file a
				  verified statement to that effect. The complainant shall have ten (10) days to
				  file a response if the complainant disputes that the complaint has been
				  satisfied. If the complainant does not file such a response, the Commission
				  will then consider whether the proceeding should be dismissed.
7.5. Computation of Time.
In computing any period of time prescribed or allowed by
				  these rules, the day of the act, event, or default from which the designated
				  period of time begins to run shall not be included. The last day of the
				  computed period shall be included, unless it is a Saturday, a Sunday, or a
				  legal holiday, in which event the period runs until the end of the next day
				  that is not a Saturday, a Sunday or a legal holiday. When calculating a period
				  of time from the date of service of a notice or other paper, the date of
				  service shall be the date the sender certifies in writing that he or she
				  emailed or mailed an item by first class mail, or the date of personal
				  service.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-8 - Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A party may
				amend any application, complaint, document or other pleading prior to notice of
				the hearing. After notice of a hearing a party may file a written motion for
				leave to amend a pleading or document that may be granted in the discretion of
				the Commission. Any amendment shall contain the notification of service upon
				all known interested parties. Amendments to any application, complaint,
				document or other pleading shall not unduly broaden the scope of the issues
				originally filed with the Commission, unless the Commission in its discretion
				allows such amendments.
8.2. The
				Commission does not require that parties observe technical forms and
				allegations in complaints, answers or other papers.
8.3. Further statements.
The Commission may order a further pleading.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-9 - Motions, Staff Recommendations, Filings, Responses, Replies

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Motions.
9.1.1. After a case is docketed based on an
				initial filing, all requests for Commission action shall be in the form of a
				motion.
9.1.2. All motions for
				extension of time and motions to toll must be accompanied by a statement that
				the movant has contacted, or taken reasonable steps to contact, all parties and
				that the parties have agreed to the motion or have no objection to the
				motion.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-11 - Pre-Hearing Conference and Mediation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. When conference may be required.
11.1.1. In any formal proceeding the
				Commission may, on its own motion or upon petition by any party, with
				reasonable written notice, require all interested parties to attend a
				prehearing conference, teleconference, or mediation.
11.1.2. Statements made in the course of
				settlement discussions or mediation, are not part of the record except by
				agreement, and shall not be used against participating parties before the
				Commission at hearing.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-12 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General
				provisions.
12.1.1. The date, time and
				location of hearings will be scheduled by the Commission and notice will be
				served on all parties as may be required by statute and/or the Commission's
				Rules. Hearings will be held at the Commission's hearing room in the City of
				Charleston or elsewhere in the State at the Commission's discretion. The
				Commission will make an effort to set all formal hearings sufficiently in
				advance so that all parties have a reasonable time to prepare their cases, and
				so that continuances will be reduced to a minimum.
12.1.2. All hearings will be open to the
				public except
in camera
proceedings.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-14 - Subpoenas for Witnesses and Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Written application for subpoena must
				be verified by affidavit and set forth good cause and reasons supporting the
				issuance of the subpoena for the attendance of the witness or witnesses. Upon
				application of any party, or on the Commission's own action, subpoenas
				requiring the attendance of witnesses at any designated place of hearing before
				the Commission, or a member thereof, or any employee of the Commission which it
				shall have designated to hold such hearings, for the purpose of taking the
				testimony of such witness, may be issued by the Executive Secretary or any
				member of the Commission or any employee of the Commission which it shall have
				designated to hold hearings as provided by law.
14.2. Written application for a subpoena for
				the production of books, papers or documents must be verified by affidavit and
				set forth and identify specifically the books, papers or documents sought to be
				produced and the reasons supporting the issuance of the subpoena. Upon written
				application of any party, or on the Commission's own action, subpoenas for the
				production of books, papers or documents may be issued by the Executive
				Secretary or any member of the Commission or any employee of the Commission
				which it shall have designated to hold hearings as provided by law.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-15 - Witness Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Witness
				fees necessary and incident to hearings before the Commission shall be paid by
				the party at whose instance the witness is summoned. No witness fees will be
				allowed except on subpoena. In all cases the fee allowed will be the same as
				that allowed by the circuit courts of this state.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-16 - Service of Subpoena and Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. All subpoenas for parties, witnesses,
				records or papers, and all notices relating to a subpoena, shall be served by
				delivering a copy thereof personally or by mail to the party to be served, or
				in the manner prescribed by law for service of like processes issuing out of
				the circuit courts of this state.
16.2. Service of subpoenas and the cost
				incident to the service is the responsibility of the party(ies) requesting the
				subpoenas.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-17 - Proposed Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. At the
				close of testimony in a proceeding, the Commission may require all parties of
				record to file proposed orders containing a discussion of the case, findings of
				fact and conclusions of law. The Commission shall fix the time in which such
				proposed orders shall be filed. No decision, report or recommended order shall
				be made until after the expiration of the time so fixed.
17.2. If the parties file proposed orders,
				findings of fact and conclusions of law shall be clearly and concisely stated
				and numbered. Each statement shall show specifically the testimony by
				appropriate transcript reference, if available, or other items of record which
				support that proposed finding of fact.
17.3. An original and twelve (12) copies of
				the proposed order accompanied by a certificate of service shall be filed with
				the Commission and one copy shall be filed with each attorney of record or each
				party.
17.4. Any party may petition
				the Commission for an extension of time in which to file a proposed
				order.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-18 - Briefs and Oral Argument

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				General.
The Commission may require the filing of briefs or the
				  presentation of oral argument or both by the parties. Requests for the filing
				  of briefs or oral arguments shall be made before or at the conclusion of the
				  taking of evidence. The requirements of this rule may be altered by agreement
				  of the parties with the consent of the Commission. Proceedings before an ALJ
				  will include the right of a party to file findings of fact, conclusions of law
				  and briefs.
18.2. Oral
				arguments.
Oral argument may be presented in lieu of or in addition to
				  the filing of briefs. When, in the opinion of the Commission, time permits and
				  the nature of the proceedings, the complexity or importance of the issues of
				  fact or law involved, and the public interest warrants, the Commission may,
				  either on its own motion or at the request of a party allow and fix a time for
				  the presentation of oral argument, imposing such limits of time on the argument
				  as deemed appropriate in the proceeding. Such argument shall be transcribed and
				  bound with the transcript of testimony.
18.3. Time for filing.
Unless otherwise ordered by the Commission, briefs are to be
				  filed simultaneously. Initial briefs shall be served twenty-five (25) days
				  after the transcript is mailed. Reply briefs shall be served fifteen (15) days
				  after the initial briefs are mailed. Responsive briefs shall be served ten (10)
				  days after the reply briefs are mailed.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-19 - Exceptions, Reconsideration, Further Hearing, or Reopening

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Exceptions.
A party may file exceptions to a recommended decision within
				  fifteen (15) days from the date the recommended decision was mailed and shall
				  serve a copy of the exceptions on the attorney for each adverse party or
				  directly upon unrepresented parties. The exceptions must state the findings of
				  fact and/or conclusion of law claimed to have been erroneously decided, and may
				  be accompanied by a brief in support thereof.
19.1.1. Reply to Exceptions.
Within ten (10) days after such service any party may file
				  and serve in like manner a reply to the exceptions. The reply so filed must be
				  accompanied by a like number of copies for the use of the Commission and a
				  certificate showing service upon the attorneys of the parties. However, the
				  Commission may issue an order ruling on exceptions at any time after it is
				  filed.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-20 - Change of Depreciation Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Each public utility subject to the
				jurisdiction of this Commission shall, with respect to any proposed change in
				its depreciation rates, and at least sixty (60) days prior to the last day of
				the month in which the accounts for which the effect of such change is first
				recorded, file with the Commission twelve (12) copies of the following
				information with respect to each depreciation rate proposed to change on or
				after the effective date of this rule:
20.1.1. A statement showing the class or
				subclass of plant to which the proposed changed depreciation rates are
				applicable, the effective date of the proposed change, the depreciation rates
				in effect immediately before and after such change, and the corresponding
				service-life, salvage and cost of removal estimates.
20.1.2. A general statement describing the
				method or methods employed in the development of the service-life, salvage and
				cost of removal estimates, and the reasons for the proposed change in the
				depreciation rate.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-21 - Financial Condition to Accompany Petitions

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Unless otherwise ordered by the
				Commission, whenever a petitioner or utility is required to state its financial
				condition, the statement shall include a detailed income statement, cash flow
				statement and comparative balance sheet for latest fiscal year.
21.2. Whenever a petitioner seeks authority
				for a transaction pursuant to Rule 10.7, 10.8, or 10.9, the petitioner shall
				file the following, if available:
21.2.1.
				Amount and class of stock authorized by the certificate of incorporation and by
				any other public authority;
21.2.2.
				Amount and class of stock issued and outstanding;
21.2.3. Terms of preference of all preferred
				stock;
21.2.4. Brief description of
				each mortgage upon any property of the applicant giving date of execution, name
				of mortgagor, name and address of mortgagee or trustee, amount of indebtedness
				authorized to be secured thereby, amount of indebtedness actually accrued,
				amount of principal outstanding, amount of interest due and unpaid, and brief
				description of mortgaged property;
21.2.5. Number and amount of bonds authorized
				and issued, giving name of issuing company, describing each class separately,
				giving date of issue, par value, rate of interest, date of maturity and how
				secured; and, if convertible debentures are authorized or outstanding, also the
				dates when the conversion privilege accrues and expires, and the securities
				into which and the rate at which conversion may be made;
21.2.6. Other indebtedness, giving name of
				classes and describing security, if any.
21.2.7. Amount of interest paid during
				previous calendar year and rate thereof; if different rates were paid, the
				amount paid at each rate; and
21.2.8. Rate and amount of dividends paid
				upon each class of stock during previous five years.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-22 - Certified Copies

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1.
				Withdrawal of papers.
No original paper in any case shall be withdrawn from the
				  file, except upon order of the Commission.
22.2. Certified copies.
Certified copies of papers on file in the Executive
				  Secretary's office may be obtained by any person desiring the same upon payment
				  to the Executive Secretary of a copying fee plus a fee for certifying such
				  copy, as established by the Executive Secretary's office.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-23 - Notice of Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. The
				Executive Secretary shall serve copies of all orders issued by the Commission
				upon the parties of record by first class mail or by email if
				possible.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-01 - Rules of Practice and Procedure › Section 150-1-24 - Address

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. All official
				communications to the Commission and all correspondence in relation thereto
				should be delivered or mailed to:
Executive Secretary
Public Service Commission of West Virginia
201 Brooks Street, P. O. Box 812
Charleston, West Virginia 25323-0812