reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-02 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund Board Procedural Rules › Section 197-2-2 - Description of Program

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General
				Purpose. The West Virginia Legislature created and established the West
				Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Act
				(hereafter referred to as the Fund) from which the West Virginia Traumatic
				Brain and Spinal Cord Injury Rehabilitation Fund Board (hereafter referred to
				as the Board) may pay for services for eligible individuals who have suffered a
				traumatic brain injury or a spinal cord injury.
2.2. The Chairperson of the Board shall
				provide written notice to the Director of the Division of Rehabilitation
				Services when it determines that additional services should be eligible for
				payments from the Fund.
2.3. The
				Board shall conduct surveys, personal contacts, and/or town meetings in order
				to identify the needs of citizens with traumatic brain injuries and spinal cord
				injuries as well as any gaps in services to these citizens and issue an annual
				report to the Legislature with recommendations for meeting the identified
				needs, improving coordination of services and summarizing its actions during
				the proceeding year.
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-02 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund Board Procedural Rules › Section 197-2-3 - Election of Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. At the first
				meeting of the fiscal year, the Board shall elect from among its members a
				chairperson, treasurer, and secretary. The terms of the officers is two (2)
				years in duration and they may not serve more than two consecutive
				terms.
3.2. Any officer who has
				served less than a full year prior to the first regular meeting in the new
				fiscal year shall be eligible to succeed himself/herself in the same office for
				one additional two-year term.
3.3.
				When an office becomes vacant during the fiscal year, the Board shall elect a
				replacement in the first regular meeting after the vacancy occurs.
3.4. Nominations for offices will be made
				from the floor at the time of elections by any member. The nominee shall give
				prior consent to serve if elected.
3.5. Election shall be by the Board members,
				using a ballot. However, in the instance of only one nominee, election of the
				nominee shall be by acclamation
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-02 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund Board Procedural Rules › Section 197-2-4 - Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. There will be three designated standing
				committees. Ad hoc committees may be appointed by the chairperson to address
				specific issues as deemed necessary by the Board.
4.2. Executive Committee - There shall be an
				Executive Committee consisting of the chairperson, the secretary, the
				treasurer, the immediate past chairperson, and the Director of the Division of
				Rehabilitation Services. The Executive Committee may transact routine business
				between regular meetings. Any business transacted shall be reported to the full
				Board at the next regular meeting. The Executive Committee meets at the call of
				the chairperson or upon written request of any three (3) Board
				members.
4.3. Nominating Committee
				- There shall be a Nominating Committee consisting of members appointed by the
				chairperson. The Committee will bring recommendations to the Board for
				membership after soliciting recommendations from representatives of
				organizations representing people with traumatic brain and spinal cord injuries
				and organizations interested in providing services to people with these
				injuries.
4.4. Policy and
				Legislative Committee- The Committee will bring recommendations to the Board on
				policy and legislative matters including possible legislative initiatives.
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-02 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund Board Procedural Rules › Section 197-2-5 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. There shall be a minimum offour (4)
				regular meetings of the Board during the State's Fiscal Year at times and
				places established in advance of the meetings by the Board.
5.2. Special meetings may be held at such
				other times as may be necessary, such meetings to be held upon the call of the
				chairperson with consent of the Executive Committee.
5.3. A quorum shall consist at least
				one-third of the voting members.
5.4. Notice of all regular and special
				meetings will be given through the regular public information services. Members
				shall be notified by mail. Notice shall be given at least ten days in advance.
				Emergency meetings will be handled as conveniently as possible.
5.5. The notice of any meeting will include
				the time, date and location, statement of its purpose, agenda and minutes of
				previous meting.
5.6. The public
				will be provided copies of the agenda of any meeting on the day it is held and
				before it has been convened.
5.7.
				Board meetings are open to the public. Advanced arrangements to address the
				Board are not necessary for the general public as such persons may sign in
				prior the scheduled meeting, however, persons desiring to address the Board
				should make arrangements in advance with the chair of the Board. Any speaker
				shall provide his/her name, mailing address, telephone number(s) and the
				subject to be addressed. Presentations shall be limited to seven to ten
				minutes, unless otherwise requested by the Board. Delegations are requested to
				use a spokesperson.
5.8. The Board
				shall hold such hearings and forums as determined necessary to carry out the
				duties of the Board.
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-02 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund Board Procedural Rules › Section 197-2-6 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The rules contained in Robert's Rules of
				Order (latest revision) govern the Board in all cases to which they are
				applicable unless otherwise designated by the Board.
6.2. No member of the Board shall cast a vote
				on any matter that would provide direct financial benefit to the member or
				otherwise give the appearance of conflict of interest under West Virginia State
				law.
6.3. These rules shall be
				reviewed annually.
6.4. The Board
				shall conduct all meetings in locations which are physically accessible as per
				the Americans with Disabilities Act.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule is being filed pursuant to W. Va. Code
				§
									29A-3-1 et seq. and 18-10L-6. This rule establishes procedures
				and standards applicable to the implementation of the Ron Yost
				Personal Assistance Services Act.
1.2. Authority. -- W. Va. Code
				§
									18-10L-6.
1.3.
				Filing Date. -- April 16, 2021.
1.4. Effective Date. -- April 16,
				2021.
1.5. Sunset
				Provision. -- This rule will terminate and have no further force on
				August 1, 2026.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Board" -- means the Ron Yost Personal Assistance Services Board.
2.2. "Council" -- means
				the West Virginia Statewide Independent Living Council.
2.3. "Unobligated funds" -- means
				monies appropriated to the Ron Yost Personal Assistance Services Fund
				that remain uncommitted.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-3 - Description of Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Purpose. The West
				Virginia Legislature created and established the Ron Yost Personal
				Assistance Services Act to make available personal assistance
				services for persons with severe disabilities to enable them to live
				in their own homes and communities in lieu of more restrictive
				settings. Recipients of personal assistance services are able to make
				decisions regarding the provision of services including, but not
				limited to, hiring, training, managing, paying, and terminating an
				assistant's employment.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-4 - Board Membership, Length of Terms, Attendance, Officers, Expenses, and Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Board Membership. The Council
				shall establish a standing committee to function as the
				consumer-directed Board to direct the implementation of the
				provisions of this rule.
4.1.a. The
				Board shall be composed of seven individuals with severe disabilities
				one of whom shall be a representative of the Council with a
				disability.
4.1.a.1. In addition to
				the persons named in subdivision 4.1.a. of this rule, the executive
				director of the Council and the director of the Division of
				Rehabilitation Services or his or her designee shall serve as ex
				officio, non-voting members. The Council may appoint additional
				ex-officio, non-voting members as needed.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-5 - Program

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Application for Services. To apply for personal assistance services,
				a person shall submit an application to the Board. The Board shall
				make a preliminary eligibility determination based upon the program
				requirements for eligibility contained in W. Va. Code 18-10L-4(a).
				Once this preliminary assessment is made, the Board shall schedule a
				functional assessment of the applicant with a Board approved provider
				within 30 days unless there are no unobligated funds available.
5.1.a. The Board-approved provider
				shall provide the Board a copy of the functional assessment within
				seven (7) calendar days of the assessment.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-6 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If a
				person disagrees with a decision of the Board regarding eligibility
				or the parameters of services approved, he or she may appeal the
				decision to the Council executive committee in writing, within 30
				(thirty) days of receipt of written notification.
6.1.a. The executive committee
				shall hear and review the appeal within 10 (ten) working days of
				receipt of the written appeal.
6.1.b. The executive committee
				shall send its written decision to the appellant within 5 (five)
				working days of the decision.
6.1.c. The decision of the
				executive committee is final.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-7 - Funding

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Five
				(5%) percent of the funds allocated by the legislature will be
				designated for the Board to use for administrative costs. The
				Division of Rehabilitation Services or its contracted administrator
				may use another two (2%) percent of the funds for administration of
				the program; for a total of seven (7%) percent administrative
				costs.
7.2. The costs of
				completing the functional assessments may be paid from the Ron Yost
				Personal Assistance Services Fund.
7.3. The program shall function
				within a budget developed and approved by the Board provided the
				budget is consistent with the requirements of W. Va. Code
				§
									18-10L-1 et seq. and this legislative
				rule.
West Virginia Code of State Rules › Agency 198 - Rehabilitation Services › Title 198 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF REHABILITATION SERVICES › Series 198-01 - Ron Yost Personal Assistance Services Act Board › Section 198-1-8 - Sliding Scale

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board shall determine the
				level of financial assistance to an applicant, in part, based on the
				applicant's adjusted annual income at the time of the review. The
				Board shall review this information on a yearly basis.
8.1.a. The applicant's adjusted
				annual income shall be determined by calculating the applicant's
				annual net earned income and subtracting any allowable deductions.
				Only the applicant's income shall be considered: neither the
				applicant's other financial assets nor the income or assets of his or
				her family, if any, shall be considered. Earned income includes all
				money received for personal services, such as wages, salaries, tips,
				commissions, and fees. Funds received by the applicant from Workers'
				or Unemployment Compensation, a pension, SSDI, SSI, alimony, child
				support, and other sources shall be entered into calculated total
				income.
8.1.b.
				Deductions:
8.1.b.1. The total
				annual income shall be reduced by the annual amount of all
				non-elective withholdings other than garnishments, and by the amount
				of any elective withholdings for medical or hospitalization premiums.
				Non-elective withholdings are those which are not at the discretion
				of the wage earner. Garnishments are payments of private debts and
				therefore are considered as net income.
8.1.b.2. The applicant's total
				annual earned income shall be reduced by $3,000 for the first
				dependent (not including the applicant), $2,000 for the second
				dependent, and $1,000 for each dependent thereafter. Each dependent
				claimed shall qualify as a dependent under the United States Internal
				Revenue Service code; except that a family member with gross earned
				income exceeding $7,500 annually shall not be considered as being
				dependent upon the applicant.
8.1.b.3. The applicant's total
				annual earned income shall be reduced by the amount of the
				applicant's necessary expenses related to the disability, if any.
				These expenses may include annual costs for medication, medical
				supplies, adaptive clothing, and similar expenses. Non-expendable
				items such as wheelchairs, braces, van modifications, lifts, ramps,
				etc., shall be depreciated at a rate of 25% per year based on
				original purchase costs, except those items having an original
				purchase cost of $1,500 or less may be claimed in a single year at
				the applicant's election. Only that portion of a disability-related
				expense not reimbursed by any third-party may be claimed.
West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes general
				and specific rules for overseeing and regulating blasting on all surface mining
				operations; implementing and overseeing the pre-blast survey process;
				inspection and monitoring of blasting operations; seismograph use; warning
				methods; site specific limitations for type, size, timing and frequency of
				blasts; public notice requirements; maintaining and operating a system to
				receive and address questions, concerns and complaints relating to mining
				operations; setting the qualifications for individuals and firms performing
				pre-blast surveys; establishing the education, training, examination and
				certification of blasters; disciplinary procedures for blasters; and
				administering a claims process, including arbitration, for property damage
				caused by blasting.
1.2.
				Applicability. -- This rule applies to all surface mining operations and
				surface disturbances associated with underground mining operations in the State
				of West Virginia.
1.3. Authority.
				-- W. Va. Code §§
									22-1-3,
				22-3A-4,
				22-1-5.
1.4. Filing Date. -- April 10,
				2008.
1.5. Effective Date. -- July
				1, 2008.
West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-3 - Blasting

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Requirements. Each operator
				shall comply with all applicable state and federal laws in the use of
				explosives. A blaster certified by the Secretary shall be responsible for all
				blasting operations including the transportation, storage and use of explosives
				within the permit area in accordance with the blasting plan.
3.2. Blasting Plans.
3.2.a. As required by statute, all surface
				mining operations that propose blasting shall include a blasting plan. The
				blasting plan shall explain how the applicant will comply with the blasting
				requirements of W. Va. Code §
										22-3-1 et seq., and this rule.
				This plan shall include, at a minimum, information setting forth the
				limitations the operator will meet with regard to ground vibration and
				airblast, the basis for those limitations, and the methods to be applied in
				preventing the adverse effects of blasting operations. The blasting plan shall
				delineate the type of explosives and detonation equipment, the size, the timing
				and frequency of blasts, and the effect of geologic and topographic conditions
				on specific blasts. Blasting plans shall be designed to do the following:
3.2.a.1. Prevent injury to persons;
3.2.a.2. Prevent damage to public and private
				property outside the permit area;
3.2.a.3. Prevent adverse impacts on any
				underground mine;
3.2.a.4. Prevent
				change in the course, channel or availability of ground or surface water
				outside the permit area; and
3.2.a.5. Minimize dust outside the permit
				area.
West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-4 - Certification of Blasters

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
4.1.a. Requirements for Certification. -- In
				every surface mine and surface area of an underground mine when blasting
				operations are being conducted, a certified blaster shall be responsible for
				the storage, handling, transportation, and use of explosives for each and every
				blast, and for conducting the blasting operations in accordance with the
				blasting plans approved in a permit issued pursuant to W. Va. Code §
										22-3-1 et seq., and the rules
				promulgated under that article. Each person acting in the capacity of a blaster
				and responsible for the blasting operation shall be certified by the Secretary.
				Each certified blaster shall have proof of certification either on his or her
				person or on file at the permit area during blasting operations. Certified
				blasters shall be familiar with the blasting plan and blasting related
				performance standards for the operation at which they are working. Where more
				than one certified blaster is working on a blast, the blaster who designed the
				blast shall supervise the loading operations and sign the blasting log. Nothing
				in this rule modifies statutory regulatory authority of the state fire marshal
				and the state fire commission to regulate blasting and explosives.
4.1.b. Qualifications for Certification. --
				Each applicant for certification shall be a minimum of twenty-one (21) years
				old, have had at least one (1) year active blasting experience within the past
				three (3) years, and have demonstrated a working knowledge of and skills in the
				storage, handling, transportation, and use of explosives, and a knowledge of
				all state and federal laws pertaining thereto, by successfully taking and
				passing the examination for certification required by subdivision 4.3.b. of
				this rule. Applicants who have blasting experience prior to the last three
				years, with documentation, may be considered by the Secretary on a case-by-case
				basis as qualifying experience for initial certification and re-certification;
				provided the requirements of 4.6.c. will apply.
4.1.c. Application for Certification. --
				Prior to taking the examination for certification, a person must submit an
				application on forms prescribed by the Secretary, along with a fifty dollar
				($50.00) application fee, to the Secretary to take the examination. Upon
				receipt of an application for examination, the Secretary shall, after
				determining that the applicant meets the experience requirements of subdivision
				4.1.b. of this rule, notify the applicant of the date, time, and location of
				the scheduled examination.
West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-5 - Blasting Damage Claim

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Damage
				to Surface Structures. -- A claim of damage to surface structures from blasting
				will be the result of one or more of the following:
5.1.a. Fly Rock. -- Fly rock damage is based
				on the presence of debris from the blast site and the presence of impact
				damage;
5.1.b. Air Blast. -- Air
				blast damage is characterized by broken or cracked window glass; and
5.1.c. Blasting Vibration Damage. -- Blasting
				vibration damage is investigated by experienced and specially trained personnel
				to accurately determine the presence of such damage. Examples are explained in,
				but not limited to, the American Insurance Association publication, Blasting
				Damage, A Guide for Adjusters and Engineers.
West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-6 - Arbitration for Blasting Damage Claims

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Listing
				of Arbitrators. -- The Secretary shall maintain and make available to the
				claimant and the operator a listing of persons willing and qualified to serve
				as arbitrators. The Secretary will recommend a listing from the roster
				maintained by the American Arbitration Association from which the parties will
				choose the arbitrator. The listing shall identify those persons who are
				qualified and willing to serve, including but not limited to, those willing to
				serve on a volunteer (i.e., without compensation) basis. The Secretary shall
				establish a pool of arbitrators sufficient to handle the claims process. Once a
				year the Environmental Advocate, and industry representatives (selected by the
				West Virginia Coal Association, Inc.) may move to strike up to twenty-five
				percent (25%) of the list, with cause. The Environmental Advocate is required
				to seek citizen input.
6.2.
				Selection of Arbitrator. -- The parties may chose their own arbitrator by
				agreement, who need not be on the listing of arbitrators as defined by
				subsection 6.1 of this rule. In the absence of such agreement, the Secretary
				will provide the parties with a listing of arbitrators and permit each of the
				parties to eliminate, in rotation, names from the list until one name remains.
				That person shall serve as arbitrator.
6.3. Provision for Preliminary Information to
				the Arbitrator. -- The arbitrator may require the parties to provide pertinent
				information to the arbitrator and to the other parties prior to the arbitration
				session. Such information may include, but is not limited to:
6.3.a. The pre-blast survey, shot logs, and
				other documents deemed necessary by the arbitrator to determine the merits and
				value, if any, of the blasting damage claim; and
6.3.b. A confidential statement summarizing a
				party's position on the issues and what relief, if any, should be
				awarded.
West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-8 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Inspections shall be made on any
				prospecting, active surface mining operation, or inactive surface mining
				operation as necessary to assure compliance with the W. Va. Code §§
									22-3-1 et seq. and 22-3A-1 et
				seq., this rule, and the terms and conditions of the blasting plan.
8.2. A permittee may request an on-site
				compliance conference to review the status of any condition or practice at any
				surface coal mining and reclamation operation. A compliance conference does not
				constitute an inspection within the meaning of W. Va. Code §
									22-3-15 and this section. The
				Secretary may accept or refuse any request to conduct a compliance conference.
				If accepted, authorized representative of the Secretary shall conduct the
				compliance conference and shall review conditions and/or practices at the
				operation in order to advise whether any conditions and/or practices has the
				potential to become a violation of the law or any applicable permit condition.
				Neither the holding of a compliance conference or any opinion given by the
				authorized representative of the Secretary at a conference shall affect:
8.2.a. Any rights or obligations of the
				Secretary or by the permittee with respect to any inspection, notice of
				violation, or cessation order, whether prior or subsequent to the compliance
				conference; or
8.2.b. The validity
				of any notice of violation or cessation order issued with any condition or
				practice reviewed at the compliance conference.
West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-9 - Surface Mine Board

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Open Meetings.
9.1.a. General. All meetings of the Surface
				Mine Board shall be open to the public.
9.1.b. Public Notice. The time, and place of
				all regularyly scheduled meetings and the time, place and purpose of all
				special meetings shall be made available to the public and the news media by
				publishing a notice containing at least the above information in a newspaper of
				general circulation in the county where the site or environmental concern
				exists, or if the matter under consideration is of general interest to the
				people of the State in a newspaper of general circulation in the
				State.
9.1.c. Emergency Meetings.
				In the event of any emergency requiring immediate official action such efforts
				to notify the public shall be taken as circumstances allow.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes educational and experience requirements, approved job titles and
				continuing education requirements for foresters and forestry technicians, and
				meeting requirements for the board.
1.2. Authority. -- W. Va. Code
				§
									30-19-6.
1.3. Filing Date. --
				April 20, 2012.
1.4. Effective
				Date. -- April 20, 2012.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in these rules, the following words and terms have the following meanings:
2.1. "Board"
				means the State Board of Registration of Foresters.
2.2. "Certificate" means a certificate issued
				to practice as a registered forester or registered forestry
				technician.
2.3. "Certification"
				means a certificate issued under the provisions of this article.
2.4. "Certified" means a person holding a
				certification issued under the provisions of this article.
2.5. "Forester" means a person who has
				acquired specialized forestry training by reason of his or her knowledge of the
				natural sciences, mathematics, silviculture, forest protection, forest
				management, forest economics and forest utilization, acquired by professional
				forestry education and practical experience.
2.6. "Forester-in-training" or "Forestry
				technician-in-training" means a person who possesses the necessary educational
				qualifications as prescribed in this article for certification, but who has not
				completed the experience requirements in the field of forestry as required for
				certification.
2.7. "Forestry"
				means the professional practice embracing the science, business, and the art of
				creating, conserving and managing forests and forestlands for the sustained use
				and enjoyment of their resources, material or other forest produce.
2.8. "Practice of forestry" means
				professional forestry services, including the consultation, investigation,
				evaluation, planning or responsible supervision of any forestry activities when
				such professional service requires the application of forestry principles and
				techniques.
2.9. "Permit" means a
				document issued as evidence of qualification to practice as a
				forester-in-training or forestry technician-in-training under W. Va. Code
				§
									30-19-1 et seq. and this rule.
2.10. "Permittee" means a person holding a
				permit issued under the provisions of W. Va. Code §
									30-19-1 et seq. and
				this rule.
2.11. "Registered
				Forester" means a forester certified under W. Va. Code §
									30-19-1 et seq.
				and this rule.
2.12. "Registered
				Forestry Technician" means a forestry technician certified under W. Va. Code
				§
									30-19-1 et seq. and this rule.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-3 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant for certification as a
				registered forester shall submit evidence to the board of the following:
3.1.a. A bachelor's degree in forestry from a
				four year school, college or university accredited by the Society of American
				Foresters and at least two years of full-time equivalent work experience as a
				professional forester within the ten years preceding the date of filing an
				application for registration; or
3.1.b. An associate's degree from a two year
				technical forestry program recognized by the Society of American Foresters plus
				a bachelor's degree in another natural science or business and at least four
				years of full-time equivalent work experience in the field of forestry
				acceptable to the board within the ten years preceding the date of filing an
				application for registration.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-4 - Qualifying Experience

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Qualifying
				work experience acceptable to the board shall be:
Employment on a
				  full-time basis, or, at the discretion of the board, equivalent part-time
				  experience, with:
4.1.a. A business
				that provides professional forestry services, that is in good standing with
				respect to all lawful obligations imposed by state and federal law, that
				employs at least one registered forester in a supervisory position in West
				Virginia; or
4.1.b. A unit of the
				state or federal government that provides professional forestry services and
				employs at least one registered forester in a supervisory position in West
				Virginia; and
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-5 - Examination Scores

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An
				applicant to be certified as a registered forester must take the examination as
				required by the board and obtain a passing score as determined by the
				Board.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-6 - Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Issuance. When the board has determined
				that an applicant for registration has satisfied the standards set forth in
				this rule, the board shall issue a certification containing the registered
				forester's or forestry technician's name and certification number.
6.2. Renewal. A registered forester or
				forestry technician who desires to continue in active practice shall, annually,
				on or before the July 1st, complete a renewal application, pay a renewal fee
				and maintain proof of acquisition of all required continuing education hours
				for random audit.
6.3. Renewal fees
				shall be paid by check or money order made payable to the State Board of
				Registration of Foresters.
6.4.
				Upon receipt of the application and renewal fee the secretary shall issue an
				renewal certificate card bearing the number of the license, the year for which
				renewed and any other information the board considers necessary.
6.5. When a registered forester or forestry
				technician has failed to pay his or her renewal fee by July 1st of that year,
				it is the duty of the secretary to notify the registered forester or forestry
				technician by mail at his or her last known address that the fee is due and
				unpaid and cite the penalties of using the title without the renewal.
6.6. The secretary of the Board shall make
				every effort to notify all registered forester or forestry technicians that
				they are required to renew their certification. Failure to receive the
				notification does not relieve a registered forester or forestry technician of
				the duty to renew his or her certification.
6.7. A certification not renewed by with no
				specific request to place it in "inactive" status will be automatically
				classified as "delinquent".
6.8. A
				certification is not transferable.
6.9. In the event of the denial, revocation,
				cancellation, suspension or non-renewal of any certification, the registered
				forester or forestry technician shall immediately return the certificate to the
				board. The applicant or licensee may appeal the board's decision and the board
				shall conduct an appeal hearing.
6.10. Reinstatement of delinquent
				certificate: In the event that a registered forester or forestry technician
				fails to renew following the expiration date of his or her certificate, the
				board shall declare the registered forester or forestry technician delinquent
				and shall charge a delinquent fee for reinstatement of the certification. In no
				case shall the charge for reinstatement exceed the cost of initial
				registration. The board shall not include delinquent license holders whose
				renewal fee is unpaid as of October 1 in the published roster of members for
				the ensuing year.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-7 - Temporary Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An
				applicant for certification as a registered forester who has completed the
				minimum educational requirements may file an application for a temporary permit
				pending completion of the work experience requirements. Upon receipt of the
				application and fee and acceptance by the board, the board shall issue an
				identification card certifying that the applicant is a graduate forester who is
				working toward eligibility for certification as a registered forester in West
				Virginia. The board shall take final action leading to the issuing of a
				certificate at the first regular board meeting following completion of the
				minimum experience requirements.
7.2. An applicant for certification as a
				registered forestry technician who has completed the minimum educational
				requirements may file an application for a temporary permit pending completion
				of the work experience requirements. Upon receipt of the application and
				license fee and acceptance by the board, the board shall issue an
				identification card certifying that the applicant is a graduate forestry
				technician who is working toward eligibility for certification as a registered
				forestry technician in West Virginia. The board shall take final action leading
				to the issuing of a certificate at the first regular board meeting following
				completion of the minimum experience requirements.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-8 - Approved Job Titles

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Only a
				person certified as a registered forester may use the job titles registered
				professional forester, professional forester, forester or any other title
				connoting to the general public that the applicant is a registered forester
				qualified to perform professional forestry services.
8.2. Only a person certified as a registered
				forestry technician may use the job titles registered forestry technician or
				forestry technician.
8.3. The board
				may at its discretion issue a warning letter when cases of inappropriate use of
				job titles are brought to its attention and may at any time refer cases for
				prosecution under W. Va. Code §
									30-19-10 or apply for injunctive relief as
				authorized under W. Va. Code §
									30-1-5.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-9 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The board
				shall hold two regular meetings each year. The board may hold any additional
				necessary meetings, which shall be called by the secretary at the direction of
				the president or upon the written request of any three members.
9.2. A majority of members of the board
				constitute a quorum for the transaction of its business.
9.3. The seal of the board shall be affixed
				to all licenses or certificates of registration issued by it. The seal shall be
				two (2) inches in diameter and shall contain the words "state board of
				registration for foresters" and the state of West Virginia seal.
9.4. The president shall, when present,
				preside at all meetings, shall appoint all committees, and shall attest all
				certificates of registration.
9.5.
				The secretary shall receive and account for all monies in accordance with the
				West Virginia Code and shall attest all certificates of registrations. A record
				of the board's proceedings shall be kept, as well as other records required by
				law.
9.6. Robert's rules of order
				shall govern the procedure of the board when they are not in conflict with the
				provisions of the board's by-laws or the West Virginia Code.
9.7. A majority vote of the board members
				shall govern the action of the board. The presiding officer shall vote on any
				motion presented before the board. If only three members are present, then a
				unanimous vote is required on any matter presented to the board for official
				action.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-01 - Certification Of Registered Foresters › Section 200-1-10 - Continuing forestry education

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. To renew a
				certificate, in addition to all other requirements, a registered forester or
				forestry technician shall attend ten hours of continuing forestry education for
				each twelve month period since the last renewal or initial certification, as
				the case may be, unless he or she is exempt from these continuing professional
				development requirements, as provided in subdivision 9.4 of this subsection.
				The board shall not renew a certificate if the registered forester or forestry
				technician fails to comply with these requirements.
10.2. Continuing forestry education hours
				must be recognized by the Society of American Foresters, a college or
				university approved by the Society of American Foresters or by the board. One
				hour of technical forestry instruction is equal to one hour of continuing
				forestry education. Continuing forestry education hours may not carry over for
				any twelve month period to a subsequent twelve month period.
10.3. Reporting and record keeping. A
				registered forester or forestry technician shall complete and submit the forms
				prescribed or accepted by the board certifying the continuing forestry
				education hours. Forms may be audited by the board for verification of
				compliance. If the board disallows any continuing forestry education hours,
				then the registered forester or forestry technician has six months from notice
				of the disallowance either to provide further evidence of having acquired the
				hours disallowed or to remedy the disallowance by acquiring the required hours.
				A registered forester or forestry technician may not use hours acquired to
				remedy a disallowance to fulfill continuing forestry education requirements for
				the next renewal period.
10.4.
				Exemptions. A registered forester or forestry technician is not subject to
				requirements of subsection 10.1 of this section if:
10.4.a. the registered forester or forestry
				technician has been granted emeritus or other similar honorific but inactive
				status by the board; or
10.4.b. the
				registered forester or forestry technician otherwise meets all renewal
				requirements and is a civilian called to active duty in the armed forces of the
				United States, is ill or disabled for a significant period of time or can
				demonstrate to the board another similar hardship.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies the
				procedure for the adjudication of contested case hearings before the
				Board.
1.2. Authority. -- W. Va.
				Code ''30-19-1 et seq., 30-1-1 et seq., and 29A-5-1 et. seq.
1.3. Filing Date. -- December 13,
				2000.
1.4. Effective Date. --
				January 15, 2001
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule shall have the following meanings, unless the context otherwise requires:
2.1. "Board" means the West Virginia Board of
				Registration for Foresters.
2.2.
				"Demanding party" means an individual who has been denied a license to practice
				forestry by the Board and who, as a result, demands that a hearing be held
				before the Board on the issue of such denial.
2.3. The term "Charged party" means an
				individual who holds a license to practice forestry issued by the Board and who
				has been charged by the Board as described in Section 3.4 of these
				rules.
2.4. "License" means a
				license issued by the Board pursuant to W. Va. Code '30-19-1 et seq.
2.5. The term "Licensee" means an individual
				who holds a license to practice forestry issued by the Board.
West Virginia Code of State Rules › Agency 200 - Foresters › Title 200 - LEGISLATIVE RULE STATE BOARD OF REGISTRATION OF FORESTERS › Series 200-02 - Contested Case Hearing Procedure › Section 200-2-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				All testimony, evidence, arguments and rulings on the admissibility of
				testimony and evidence shall be reported by stenographic notes and characters
				or by mechanical means.
4.2. All
				reported materials shall be transcribed. The Board shall have the
				responsibility to make arrangements for the transcription of the reported
				testimony and evidence.
4.3. Upon
				the motion of the Board or any party assigning error or omission in any part of
				any transcript, the Board chair or presiding member shall settle all
				differences arising as to whether such transcript truly discloses what occurred
				at the hearing and shall direct that the transcript be corrected and/or revised
				as appropriate so as to make it conform to the truth.
4.4. A transcript of the hearing shall be
				provided to all members of the Board for review at least ten (10) days before
				the vote is taken on its decision in any licensure disciplinary
				matter.