reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-7 - Delegation of Authority for Leasing of Temporary Space

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Executive Director may authorize
				spending units to lease temporary space, other than office space, including
				conference meeting rooms, as well as for athletic events, seminars or other
				educational, recreational or social events in an amount less than $10,000. The
				spending unit shall complete a WV-15 Request for Temporary Space, as provided
				by the Real Estate Division, and if the temporary space lessor requires a lease
				to be executed by the spending unit for the temporary space, the lease shall
				not have a term exceeding six months, and the spending unit shall require that
				the temporary lessor execute a WV-96 Agreement Addendum to accompany such
				lease.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-8 - Leases Between State Spending Units for Space

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Leases between spending units of the
				State for space shall be prepared by the Executive Director, unless otherwise
				directed by the Executive Director, and shall be signed by the Executive
				Director on behalf of the lessee and by the chief executive officer of the
				lessor or his or her designee.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-9 - Real Property Acquisition

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Authority.
The Executive Director, has the sole authority to select,
				  inspect and to acquire by contract, in the name of the State, real property
				  which is necessarily required by any spending unit except those spending units
				  exempted under W. Va. Code §
									5A-10-2.
				  Said real property to be acquired may be purchased from Department of
				  Administration funds, the requesting spending unit's funds, or any other funds
				  available to a requesting spending unit which may properly be applied to the
				  purchase of real property.
9.2.
				Applicability.
Any contracts wherein the State purchases real property, is
				  deeded real property, or has the right or option to purchase real property at
				  any time or at the conclusion of the contract, shall be treated as a real
				  property acquisition under Section 9 of this Rule.
9.3. Request to Purchase Real Property.
9.3.a. A spending unit desiring to have the
				Executive Director acquire real property on its behalf shall submit to the Real
				Estate Division a completed Requisition for Real Property on the form provided
				by the Real Estate Division signed by the chief executive officer of the
				spending unit or his or her designee. The requisition shall require that the
				spending unit provide information necessary for the Executive Director to
				accurately assess the spending unit's real property needs, including but not
				limited to, the number of employees contemplated in the request, current
				location and space utilized, anticipated location and space to be utilized,
				customer needs, parking needs, and any other information which the Executive
				Director may request be provided. The requisition shall contain a certification
				by the chief executive officer of the spending unit or his or her designee that
				the real property is necessarily required for the proper function of the
				spending unit and that satisfactory grounds, buildings, office space or other
				space are not available on real property now owned or leased by the
				State.
9.3.b. Upon receipt of the
				spending unit's request, the Executive Director may require further
				justification or may approve the request as written. If the spending unit has
				requested a specific location or property (referred to herein as "sole source")
				the Executive Director may approve the sole source request with written
				justification made by the spending unit explaining in detail why the real
				property is being requested as a sole source. The Executive Director may make
				any further inquiry or investigation and may require any further certification
				from the spending unit that he or she deems necessary to determine whether an
				approval of the sole source request is in the best interests of the
				State.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-10 - Real Property Accounting and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All real property owned or leased by
				the State shall be accounted for by the spending unit that owns, leases, or is
				in the possession of the real property.
10.2. Each spending unit shall establish and
				maintain a record of each item of real property it owns, leases, or possesses,
				shall annually report its real property inventory in the centralized accounting
				system maintained by the Enterprise Resource Planning Board, and provide, on or
				before December 30
th
, its
				records to the Real Estate Division in a format that is approved by the Real
				Estate Division:
Provided,
That any change in ownership status
				or occupancy of real estate must be reported within thirty days of the change
				by the spending unit to the centralized accounting system maintained by the
				Enterprise Resource Planning Board, and to any cabinet secretary or equivalent
				agency head to which the spending unit reports. Said reporting shall include:
10.2.a. A description of the real property
				including address and lot number if available, or a description of the subject
				lease, and the county where the property is located.
10.2.b The date the property was purchased or
				leased.
10.2.c. The purchase price
				of the property or the rental costs of leased real property.
10.2.d. The name of the spending unit or
				owner holding title to or leasing the real property.
10.2.e. A description of the current uses of
				the property as well as a description of projected future uses.
10.2.f. A description of all buildings,
				structures or other improvements located on the property.
10.2.g. The identity of any written
				agreements affecting the real property, including but not limited to,
				covenants, easements, rights of ways, etc.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-11 - Emergency Situations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In
				the event the Executive Director is unable to perform his or her duties or in
				the event of a vacancy, all powers and duties of the Executive Director shall
				reside in the Secretary of the Department of Administration.
11.2. In the event of a natural disaster or
				other emergency situation, the Real Estate Division shall be exempt from the
				normal leasing and real property acquisition rules and procedures. In the event
				of a natural disaster or emergency situation, the Executive Director shall
				continue to have the authority to select and to acquire by contract or lease,
				in the name of the State, all grounds, buildings, office space or other space
				for and on behalf of any spending unit. An emergency situation is an emergent
				need for space due to unforeseen circumstances that are out of the control of
				the Executive Director.
11.3. The
				spending unit shall notify the Real Estate Division at the earliest possible
				date of any emergency situation and its need to rent, lease, or purchase space
				or to relocate from an existing lease. This notice will allow the Executive
				Director to better assist the spending unit and determine space alternatives
				that may be available in a given area if necessary.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-20 - Controlling The Public Land Corporation's Sale, Lease, Exchange Or Transfer Of Lands And Minerals › Section 148-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule provides information and guidance for the sale or lease
				of lands or minerals by the Public Land Corporation.
1.2. Authority. -- W. Va. Code §§
									5A-11-1
				through
				5A-11-8.
1.3. Filing Date. -- April 11,
				2008.
1.4. Effective Date. -- July
				1, 2008.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-20 - Controlling The Public Land Corporation's Sale, Lease, Exchange Or Transfer Of Lands And Minerals › Section 148-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board of
				Directors" means the governing body of the Public Land Corporation.
2.2. "Competitive Sale " means a sale to the
				highest responsible bidder at a public offering utilizing sealed
				bids.
2.3. "Direct Sale " means a
				sale without competitive bidding to an adjoining landowner who offers to pay
				the "fair market value" or a sale to a government entity at less than "fair
				market value".
2.4. "Fair market
				value" means the value determined by an appraisal made by the Real Estate
				Division using the principles contained in the current Uniform Appraisal
				Standards for Federal Land Acquisitions published under the auspices of the
				Interagency Land Acquisition Conference.
2.5. "Modified Competitive Sale" means a sale
				to a government entity or adjoining landowner who meets the highest bid at a
				public offering.
2.6. "Public Land
				Corporation" or "corporation" means a unit of the Department of Administration
				vested with the title of the State of West Virginia in certain public
				lands.
2.7. "Secretary" means the
				Executive Secretary of the Public Land Corporation who shall be appointed by
				the Director of the Real Estate Division of the Department of
				Administration.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-20 - Controlling The Public Land Corporation's Sale, Lease, Exchange Or Transfer Of Lands And Minerals › Section 148-20-4 - Bidding Procedures for Land Sales

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Sales, exchanges or transfers of public
				lands by the Public Land Corporation will generally be conducted under
				competitive bidding procedures. The Secretary may sell lands by modified
				competitive bidding or by direct sale when it furthers public policies
				including a preference for adjoining property owners, county or city
				governments, or individuals who utilize the property. In recognizing public
				policies, the Secretary shall give consideration to the following potential
				purchasers: local government entities which are in the vicinity of the lands,
				and/or adjacent landowners as a potential purchaser.
4.2. Competitive bid sales will be used:
4.2.1. Where the lands are assessable and
				usable regardless of land ownership.
4.2.2. The lands are within a developing or
				urbanizing area and land values are increasing due to the location of the land
				and interest on the competitive market.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-21 - Procedure For The Payment Of Unused Sick Leave To Employees › Section 148-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules shall set forth the procedures for payment to eligible
				employees for accrued and unused sick leave.
1.2. Authority. -- W. Va. Code §
									5-5-6.
1.3. Filing Date. -- July 8, 2010.
1.4. Effective Date. -- August 8,
				2010.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-21 - Procedure For The Payment Of Unused Sick Leave To Employees › Section 148-21-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Application
				Date" -- means the date the employee's certified Application for Payment of
				Unused Sick Leave & Reimbursement Agreement is received by the
				Secretary.
2.2. "Certified
				Application" -- means an Application for Payment of Unused Sick Leave and
				Reimbursement Agreement that has been certified by the Head of the Spending
				Unit, or his/her designee, for which the employee works certifying: that the
				employee is an eligible employee; the number of unused sick leave days
				available for which the employee may be paid; the employee's current annual
				budgeted salary, which includes the employee's base pay and does not include
				overtime pay or increment pay; the number of sick days the employee would have
				remaining after payment for available unused sick days; and the WV FIMS codes
				from which the employee is paid.
2.3. "Eligible Employee" -- means every
				eligible employee, as defined in W. Va. Code §§
									5-5-1 and
				5-5-6,
				who is entitled upon retirement to credit his or her accrued annual and sick
				leave for extended insurance coverage as provided in section thirteen, article
				sixteen of chapter five of the Code, and who has accumulated at least
				sixty-five days of unused sick leave.
2.4. "Finance Director" -- means the Director
				of the Division of Finance for the Department of Administration.
2.5. "Secretary" -- means the Cabinet
				Secretary for the Department of Administration.
2.6. "Spending Unit" -- means any state
				office, department, agency, board, commission, institution, bureau or other
				designated body authorized to hire employees.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-21 - Procedure For The Payment Of Unused Sick Leave To Employees › Section 148-21-3 - Employee Application Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any eligible employee wishing to be paid
				for his/her unused sick leave shall complete the Application for Payment of
				Unused Sick Leave & Reimbursement Agreement form established by the
				Department of Administration and submit it to the head of the employee's
				Spending Unit.
3.2. Said
				application shall include the following information:
3.2.a. The date on which the employee began
				employment with the State of West Virginia, the employee's years of service, as
				defined under W. Va. Code §
										5-5-1, and the
				Spending Unit with which the employee is currently employed.
3.2.b. The number of unused sick days for
				which the employee is requesting payment.
3.2.c. The total number of unused sick days
				the employee has accumulated at the date of application.
3.2.d. The number of sick days the employee
				would have remaining after payment for available unused sick days. The employee
				must maintain a balance of at least fifty (50) days after payment.
3.2.e. The current budgeted annual salary of
				the employee seeking payment for unused sick leave. Current budgeted annual
				salary includes the base pay and does not include overtime pay or increment
				pay.
3.2.f. The current daily rate
				of pay of the employee seeking payment for unused sick leave, as well as an
				explanation of how the rate of daily pay was computed.
3.2.g. If the employee's monthly salary
				exceeds the amount of the cap established in W. Va. Code §
										5-5-6(c)(1),
				the Application for Payment of Unused Sick Leave & Reimbursement Agreement
				shall reflect that the daily rate of pay was computed based upon such cap, or
				the legal amount allowed under §
										5-5-6(c)(1).
3.2.h. All sources of funds from which the
				employee seeking payment for unused sick leave is paid, including the WV FIMS
				codes.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-21 - Procedure For The Payment Of Unused Sick Leave To Employees › Section 148-21-4 - Spending Unit Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The authorized representative of the Spending Unit for which the employee works
				shall review the employee's Application for Payment of Unused Sick Leave &
				Reimbursement Agreement. The authorized representative shall verify the
				eligibility of the employee and the number of unused sick days available for
				the employee requesting payment to the head of the Spending Unit.
4.2. The authorized representative of the
				Spending Unit for which the employee works shall review the Application for
				Payment of Unused Sick Leave and Reimbursement Agreement with the employee
				requesting payment to assist in that employee's understanding of the full
				ramifications of the Agreement prior to the employee accepting the terms set
				forth therein.
4.3. The head of the
				Spending Unit, or his/her designee, shall then certify to the Secretary, within
				ten working (10) days from receipt of the application from the employee, that
				the employee requesting payment for his/her unused sick leave meets or does not
				meet all eligibility requirements. The head of the Spending Unit, or his/her
				designee, must also certify to the Secretary the number of unused sick leave
				days the employee has available for which he/she may be paid; the employee's
				annual budgeted salary, which includes the base pay and does not include
				overtime pay or increment pay; the number of sick days the employee would have
				remaining after payment for available unused sick days; the employee's daily
				rate of pay; and the sources of funds from which the employee is paid,
				including the WV FIMS codes. If the employee's monthly salary exceeds the
				amount of the cap established in W.Va Code §
									5-5-6(c)(1),
				the Application for Payment of Unused Sick Leave & Reimbursement Agreement
				shall reflect that the daily rate of pay was computed based upon such cap, or
				the legal amount allowed under §
									5-5-6(c)(1).
4.4. The employee or head of the Spending
				Unit, or his/her designee, shall send the employee's Applications for Payment
				of Unused Sick Leave & Reimbursement Agreement to the Secretary for
				approval and payment of unused sick leave once it has been certified by the
				head of the Spending Unit for which the employee works.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-21 - Procedure For The Payment Of Unused Sick Leave To Employees › Section 148-21-5 - Cabinet Secretary Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon receipt of the certified
				Application for Payment of Unused Sick Leave & Reimbursement Agreement, the
				Secretary shall approve or disapprove the Application for Payment of Sick Leave
				and Reimbursement Agreement based upon the certified facts in the application
				within ten (10) working days.
5.2.
				In the event that the Application for Payment of Unused Sick Leave &
				Reimbursement Agreement is disapproved by the Secretary, the Secretary shall
				advise the employee, in writing, that his/her Application was denied setting
				forth the reasons for said decision with a copy to the head of the Spending
				Unit or his/her designee.
5.3. The
				Secretary shall process all certified Applications for Payment of Unused Sick
				Leave & Reimbursement Agreements which have been approved according to the
				Application Date. The Secretary shall advise the employee as to whether the
				employee's application has been approved with a copy to the Spending
				Unit.
5.4. Following approval, the
				Secretary shall submit the original Application for Payment of Unused Sick
				Leave and Reimbursement Agreement to the Finance Director. The Finance Director
				shall process the Application for Payment of Unused Sick Leave and
				Reimbursement Agreement and submit it to the West Virginia State Auditor along
				with any other necessary completed documentation.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-21 - Procedure For The Payment Of Unused Sick Leave To Employees › Section 148-21-7 - Repayment of funds

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Prior to
				an employee receiving payment for unused sick leave, the employee must first
				contract with the Department of Administration and agree to reimburse the State
				Employee Sick Leave Fund for the amount exchanged plus twelve percent interest
				per annum if the employee elects to separate from employment within sixty (60)
				months of the date of the exchange. Separation from employment with the State
				of West Virginia, for purposes of W. Va. Code §
									5-5-6,
				does not include death or retirement.
7.2. The Secretary shall pursue collection of
				the obligation directly or by contracting with a collection agency.
7.3. The State Auditor shall notify the
				Secretary when an employee who received payment for unused sick leave separates
				from employment so that the Secretary may pursue collection of the obligation.
				The Auditor shall provide reports to the Finance Director identifying all
				employees who received payment for their unused sick leave to ensure an
				employee does not receive payment more than once per year.
7.4. The Department of Administration shall
				not pay any employee more than $25,000.00 total compensation for such
				employee's unused sick leave. If an employee requests additional funds the
				Department of Administration shall advise the employee that the employee has
				already received the maximum amount allowed by law.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-21 - Procedure For The Payment Of Unused Sick Leave To Employees › Section 148-21-8 - Record maintaining and reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each Spending Unit shall maintain an
				accurate record of sick leave for every individual employed in that Spending
				Unit. Said record should be kept up to date and available to the Secretary upon
				request.
8.2. Each Spending Unit
				shall provide the Secretary, or his/her designee, a report of all sick days
				taken and all sick days accumulated for every employee in its unit by the last
				day of June of each fiscal year. Said annual report shall also identify the
				total sick leave days available to each employee.
8.3. The Secretary, or his/her designee,
				shall maintain sick leave records for all Spending Units.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule is an explanation of the small, women-owned and minority owned
				business certification program established by the Department of Administration
				and administered by the Purchasing Division of the Department of
				Administration.
1.2. Authority. --
				W. Va. Code '5A-3-59.
1.3. Filing Date. -- April 10,
				2012.
1.4. Effective Date. -- July
				1, 2012.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, all terms have the same meaning as
				  provided in W. Va. Code ''5A-1-1 and 5A-3-59, et seq. and as follows:
2.1. "Affiliate" means a business that is
				related to another business in any of the following ways:
(1) a business directly or indirectly
				controls or has power to control another;
(2) a business is directly or indirectly
				controlled by or subject to the power to be controlled by another;
(3) a third party or parties controls or has
				the power to control two or more businesses; or
(4) such an "identity of interest" exists
				between or among businesses that affiliation may be presumed.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-3 - Verification of Small Business, Woman, or Minority Status

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Proof of Small Business Status. -- Each
				owner of a small business applying for certification or recertification under
				these rules shall certify to the Director that the business is a small business
				as defined herein at the time the application is submitted. Upon request of the
				Director, the small business owner(s) shall submit documented proof of the
				status of the business. Such proof may include, but is not limited to, annual
				financial statements, federal income tax returns, state and/or local excise tax
				reports, employment rolls, and any other relevant information. The Director
				shall have sole discretion in determining whether a business is eligible to
				obtain small business status under these rules. The Director may verify that
				the business continues to be a small business at any time.
3.2. Proof of Woman's Status. -- Each woman
				owner of a business applying for certification or recertification under these
				rules shall certify to the Director that she is a woman. Upon request of the
				Director, the woman owner must submit documented proof of her status as a
				woman. Such proof may include, but is not limited to, a birth certificate,
				valid driver's license, or other similar documentation. The Director shall have
				sole discretion in determining whether an applicant is eligible to obtain woman
				status under these rules. The Director may verify the business owner's status
				as a woman at any time.
3.3. Proof
				of Minority Status. -- Each minority owner of a business applying for
				certification or recertification under these rules shall certify to the
				Director that he or she is a minority. Upon request of the Director, the
				minority owner must submit documented proof of his or her status as a minority.
				Such proof may include, but is not limited to, an official government document
				or identification card containing the owner's photograph, birth certificate,
				tribal enrollment papers, or other document which shows that the owner meets
				the definition of _minority_ as set forth in these rules. The Director shall
				have sole discretion in determining whether an applicant is eligible to obtain
				minority status under these rules. The Director may verify the business owner's
				status as a minority at any time.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-4 - Verification of Business Ownership

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Proof of Ownership. -- All minority,
				women, or small business owners seeking certification or recertification under
				these rules shall certify to the Director that he/she/they own the requisite
				percentage of the business at the time the application is submitted. Upon
				request of the Director, the business owner(s) must submit documented proof of
				ownership. Such proof may include, but is not limited to stock certificates, a
				notarized affidavit of stock ownership from the corporate treasurer, a
				partnership agreement, articles of organization, articles of incorporation,
				operating agreements, canceled check used to purchase ownership, or other
				recognized proof of ownership. The Director shall have sole discretion in
				determining whether an applicant has the requisite percentage ownership. The
				Director may verify the business ownership at any time.
4.2. Trust Ownership. -- In determining
				whether the fifty-one percent ownership requirement is met, ownership held in
				trust shall not be counted.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-5 - Verification of Control

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Control. -- To be certified under these rules, the minority, woman, or small
				business owners must certify to the Director that they possess and exercise
				managerial and operational control over the day-to-day affairs of the business.
				Upon request of the Director, the business owners must submit documented proof
				of control. The Director shall have sole discretion in determining whether an
				applicant has the requisite managerial and operational control over the
				business. The Director may verify the managerial and operational control at any
				time.
5.1.a. Managerial Control. -- The
				minority, woman, or small business owners have managerial control if they have
				the ability to make independent and unilateral business decisions needed to
				guide the future and direction of the firm.
5.1.b. Operational Control. -- The minority,
				woman, or small business owners have operational control if they have the
				ability to independently and unilaterally make basic decisions pertaining to
				the daily operations of the business.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-6 - Application and Certification Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Certification Eligibility. -- Any
				business which meets the definition of a minority-owned business, a women-owned
				business, or a small business as set forth in these rules, is eligible to be
				certified as such by the state of West Virginia, unless:
6.1.a. The business fails to obtain all
				licenses, certifications, and authorizations necessary to lawfully conduct
				business in the state of West Virginia;
6.1.b. The business is not a resident
				business of West Virginia and the state in which the business has its
				headquarters or principal place of business denies a like certification to a
				West Virginia based small, women-owned or minority-owned business; or
6.1.c. The business is not a resident
				business of West Virginia and the state in which the business has its
				headquarters or principal place of business provides a preference to small,
				women-owned, or minority-owned firms that is unavailable to West Virginia based
				businesses.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-7 - List of Certified Businesses; Agency Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Creation and Maintenance of
				Certification List. -- A list of all certified businesses shall be maintained
				by the Director.
7.1.a. The list shall include
				the name of the business, the certification obtained (small, woman-owned, or
				minority-owned), and any other information that the Director deems
				appropriate.
7.1.b. The list shall
				be updated as often as the Director deems appropriate.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-8 - Expiration of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Expiration Due to Passage of Time. -- Any certification granted under these
				rules shall automatically expire without notice two years after the initial
				certification date, unless renewed prior to that time in accordance with these
				rules.
8.2. Expiration Upon Change
				in Ownership. -- Any change in ownership that would result in the business'
				failure to meet the eligibility criteria for certification under these rules
				shall result in immediate expiration of the certification without notice.
Upon a change of ownership, a person authorized to act on
				  behalf of the business shall notify the Director in writing of the ownership
				  change and its impact on the certification obtained under these rules.
8.3. Expiration Upon Death or
				Disability of Owner. -- Upon the death or long term disability of an owner of a
				minority-owned business, a women-owned business, or a small business, the
				certification obtained hereunder shall automatically expire without notice. Any
				remaining owners may resubmit an application for certification at the time the
				remaining owners deem such action appropriate.
Upon death or commencement of long-term disability of the
				  minority, woman, or small business owner of a certified business, the guardian
				  of the disabled owner, the executor of the owner's estate, or other person
				  authorized to act on behalf of the business shall notify the Director in
				  writing of the death or documented disability.
For purposes of this section, _long-term disability_ shall
				  mean the permanent inability to exercise managerial control or operational
				  control of the business for a period of 90 days or more.
8.4. Expiration Due to Other Change. -- Any
				certification granted under these rules shall expire immediately without notice
				upon the occurrence of any change in the status of the business or the owner
				that would cause the business to be ineligible for certification.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-9 - Certification Applied to Vendor Preference

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Vendor Preference. -- In accordance with
				W. Va. Code '5A-3-37(a)(7),
				any non-resident vendor certified as a small, women-owned, or minority-owned
				business under these rules shall be provided the same preference made available
				to any resident vendor.
9.1.a. A non-resident
				business certified under these rules will receive the highest preference made
				available to a resident vendor in the solicitation for which the certified
				business has submitted a bid. In the event that no preference is made available
				to a resident vendor, then the non-resident business certified under these
				rules will not receive a preference for certification.
9.1.b. Any non-resident small, women-owned,
				or minority-owned business must identify itself as such in writing, must submit
				that writing to the Purchasing Division with its bid, and must be properly
				certified under these rules to receive the preferences made available to
				resident vendors.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-10 - Procedures for Renewal of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. To maintain its certification without
				lapse, a certified business shall apply to renew its certification at least 60
				days prior to the end of its two year certification period. A business may
				submit a renewal application later than 60 days prior to the end of the
				two-year certification period, but such submissions may not be processed in
				time to avoid a certification lapse. Recertification forms may be obtained from
				the West Virginia Purchasing Division and should be submitted in the same
				manner that an application for certification is submitted. Meeting the deadline
				for certification renewal is the responsibility of the business applying.
				Renewal of certification requests shall be governed by the same procedure and
				requirements that govern original certification.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-11 - Evaluation of Local, State, Private Sector and Federal Certification Programs; Procedures for Certification of Business Previously Certified by Other Qualifying Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Evaluation of Local, State, Private Sector, and Federal Programs. -- The
				Purchasing Division may, at its discretion, evaluate any local, state, private
				sector, or federal certification program to determine whether it meets the
				minimum requirements for certification of small, women-owned and minority-owned
				businesses as set forth in the Code and these rules.
11.2. Granting Certification on Basis of
				Evaluated Program. -- Should the Purchasing Division determine that a
				non-resident vendor is certified by a local, state, private sector or federal
				certification program, and that such certification program meets with the
				requirements established in the Code and these rules, that business shall be
				certified as a small, women-owned or minority-owned business in West Virginia,
				upon presentation to the Purchasing Division of documentation that it has
				received such certification and that the certification has not
				expired.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-12 - Denial of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Grounds for Denial. -- The Director may deny an application for certification
				for any of the following reasons:
12.1.a. The
				Purchasing Division determines that the applicant fails to meet the standards
				for certification;
12.1.b. The
				applicant fails to furnish the Purchasing Division with requested information
				within the allotted time;
12.1.c.
				The applicant knowingly provides false or misleading information to the
				Purchasing Division;
12.1.d. The
				applicant has been debarred from participating in any government procurement
				process; or
12.1.e. The applicant
				has been suspended from participating in any government procurement
				process.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-13 - Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Grounds for
				Revocation. -- Certification under these rules may be revoked if:
13.1.a. The Director finds that any of the
				grounds for denial of certification exist;
13.1.b. The Director determines that the
				certified business is no longer a going concern; or
13.1.c. The certified business has expressed,
				in writing, a desire to end its certification under these rules.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-14 - Reapplication

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A business
				whose application for certification has been denied or revoked may not reapply
				for certification under these rules until 12 months after the date on which the
				decision of denial or revocation is made. A business that withdraws its
				certification application may reapply for certification one additional time
				within 12 months of filing the initial application without being subject to the
				12 month reapplication waiting period. If the business withdraws its
				certification application a second time, or is denied certification, that
				business must wait 12 months from the date of withdraw or denial before it can
				resubmit an application for certification under these rules.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-22 - Certification For Small, Women And Minority-Owned Businesses › Section 148-22-15 - Jeopardizing Federal Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				If any of the requirements or provisions set forth in these rules jeopardize
				the receipt of federal funds, then the requirements or provisions are void and
				of no force and effect for that specific project.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-23 - Exemptions from Management Services Provided by Fleet Management Division › Section 148-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --This
				legislative rule relates to state agency exemptionsfrom utilizing vehicle
				management services provided for state-owned vehicles under the oversight of
				the Fleet Management Division. The rule provides the standard for granting an
				exemption by the Secretary of the Department of Administration, lists those
				agencies that have been granted exemptions, and provides for future review of
				requests for exemptions from the use of vehicle management services provided by
				the Fleet Management Division.
1.2.
				Authority. - W.Va. Code §
									5A-12-9.
1.3. Filing Date. - March 12, 2020.
1.4. Effective Date. - March 12,
				2020.
1.5. Sunset provision. - This
				rule shall terminate and have no further force or effecton March 12,
				2025.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-23 - Exemptions from Management Services Provided by Fleet Management Division › Section 148-23-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of these rules, unless a different meaning
				  clearly appears from the context:
2.1
				"Secretary" means the Secretary of the Department of Administration.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-23 - Exemptions from Management Services Provided by Fleet Management Division › Section 148-23-3 - Standard for evaluating requests for exemption from vehicle management services

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Currently, the Fleet Management Division provides fuel-purchase services and
				vehicle maintenance management services for state-owned vehicles under
				oversight of the Fleet Management Office.
3.2. In order for the Secretary to consider
				an exemption to use of vehicle management services provided by the Fleet
				Management Division, the requesting agency must have in-house or established
				ready availability or access to the same services as those provided by the
				Fleet Management Division.
3.2.a. An example
				of established or in-house ready availability or access to fuel service would
				be an agency that is already purchasing fuel for use in state-owned vehicles in
				bulk.
3.2.b. An example of
				established or in-house ready availability or access to maintenance services
				would be an agency that has an existing and functional garage and employees
				capable of performing routine maintenance on other state-owned
				vehicles.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-23 - Exemptions from Management Services Provided by Fleet Management Division › Section 148-23-4 - Agencies granted exemptions from utilizing vehicle management services provided by the Fleet Management Division

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The following agencies have been granted
				exemptions from using both fuel and maintenance management services:
4.1.a. West Virginia Division of
				Highways
4.1.b. West Virginia
				Parkways Authority
4.1.c. West
				Virginia Division of Natural Resources/Parks and Recreation
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-23 - Exemptions from Management Services Provided by Fleet Management Division › Section 148-23-5 - Future requests by agencies and review by Secretary for exemptions from utilization of the vehicle management services provided by the Fleet Management Division

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Should
				circumstances change that would allow an agency to have ready availability or
				access to established or in-house services that would otherwise be provided by
				the Fleet Management Division, agencies may submit a request for exemption once
				per year by June 30th.
5.2. The Secretary shall review the
				recommendations of the Director of the Fleet Management Division in the same
				manner as prescribed by W.Va. Code §
									5A-12-9
				and shall propose amendments to this rule to reflect any change in status of
				agencies requesting an exemption.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-24 - Financial Services Reporting › Section 148-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishesrequirements relating to services provided by the
				Shared Services Section and the Financial Accounting and Reporting Section of
				the Finance Division within the Department of Administration, and providing for
				corrective action in the event that a spending unit fails to provide the
				Department of Administration any required information relating to the
				completion of any required federal report.
1.2. Authority. - W.Va. Code §
									5A-2B-2.
1.3. Filing Date. - March 11, 2020.
1.4. Effective Date. - March 11,
				2020.
1.5. Sunset provision. - This
				rule shall terminate and have no further force or effect onMarch 11,
				2025.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-24 - Financial Services Reporting › Section 148-24-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of these rules, unless a different meaning
				  clearly appears from the context:
2.1.
				"Shared Services Section" or "Section" means the Shared Services Section of the
				Finance Division within the Department of Administration.
2.2. "FARS" means the Financial Accounting
				and Reporting Section of the Finance Division within the Department of
				Administration responsible for producing the state's Comprehensive Annual
				Financial Report and Single Audit.
2.3. "Deputy Director" means the Deputy
				Director of the Finance Division within the Department of
				Administration.