reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-05 - School Building Authority Contracts and Agreements; Post-Project Evaluation; Suspension of Right to Bid › Section 164-5-3 - Post-Project Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Post-Project
				Evaluation.
3.1.a. In order to establish and
				maintain a high level of accountability on all SBA-funded projects, the
				evaluation of the performance of all parties to an SBA project shall be performed
				by the SBA. The SBA staff shall establish and implement a program that tracks
				Architect / Engineer, Contractor, and Construction Manager accountability using
				standard notices and/or reports to be issued by the project's Architect of Record
				or the Owner. The following standard tasks related to accountability shall be
				completed at the appropriate time and, among all other required Contract
				Documents, shall be used in the SBA performance evaluations:
3.1.a.1. Architect/Engineer Evaluation - The
				SBA staff shall, at the conclusion of the project, perform evaluations of all
				Architects / Engineers performing work on each SBA project. The
				Architect/Engineer shall be evaluated based on meeting design timelines,
				adherence to the project budget, the clarity of the Contract Documents, the
				issued standard notices of non-conformance or non-compliance issued to the
				Contractor when necessary, and the overall quality and performance of the
				Contract Documents.
3.1.a.2.
				Contractor Evaluation - The SBA staff shall, at the conclusion of the project,
				perform an evaluation of all Contractors performing work on each SBA project. The
				Contractor's performance, including the performance of all Subcontractors under
				the Contractor's surety for a project, shall be evaluated based on specific
				factors relating to the conformance and compliance of the Contract Documents
				including, but not limited to, the following:
3.1.a.2.a. Completion within the time specified
				in the Contract Documents
3.1.a.2.b.
				Performance of the Work in conformance with the Contract Documents
3.1.a.2.c. Project Closeout in a timely manner
				in compliance with the Contract Documents
3.1.a.3. Construction Manager Evaluation (Where
				Applicable) - The SBA Staff shall, at the conclusion of the project perform an
				evaluation of the Construction Manager performing work on each SBA project. Where
				applicable, the Construction Manager shall be evaluated based on the management
				of the project, accuracy of the project budget and schedules, the documented
				assurances that the Contractor is in compliance with the Contract Documents, and
				the value the team brings to the project.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-05 - School Building Authority Contracts and Agreements; Post-Project Evaluation; Suspension of Right to Bid › Section 164-5-4 - Suspension of Right to Bid

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Power to
				suspend right to bid - If any of these issues found in the Post-Project
				evaluations fail to meet the requirements of the Contract Documents, the SBA
				staff will review the project documentation to ascertain the responsibility for
				the failure(s).
4.2. If the review
				finds the Architect / Engineer, Contractor(s), or Construction Manager fail to
				comply with the conditions of the Contract and/or the review finds a failure of
				performance the Work in conformance with the Contract Documents has been the
				major contributor to the Project deficiencies, the SBA shall notify the Architect
				/ Engineer, Contractor, or Construction Manager in consideration for suspension
				of the reasons for the proposed suspension in sufficient detail to describe the
				conduct upon which the proposed suspension is based. The SBA shall show the
				causes relied upon for proposed suspension, procedures governing the suspension
				decision-making, and the potential effect(s) of the proposed
				suspension.
4.3. Within thirty days
				of receipt of the notice, the Architect / Engineer, Contractor, or Construction
				Manager in consideration for suspension shall have the right to submit in writing
				and/or request to appear before the Authority to give information and argument in
				opposition to the proposed suspension.
4.4. The Authority shall make a suspension
				decision. In any suspension decision, the Authority shall make a specific
				finding, based on the substantial record, whether the public interest requires
				that the suspension decision extend to all commodities and services of the
				Contractor and/or Subcontractor, or whether the public interest allows the
				suspension decision to be limited to specific commodities or services. The SBA
				may suspend the responsible party from bidding or applying for work on SBA-funded
				projects for a period of not less than one (1) year or more than two (2)
				years.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-06 - School Building Authority Reporting Procedures (Repealed) › Section 164-6-2 - Incorporation by Reference Funds (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-06 - School Building Authority Reporting Procedures (Repealed) › Section 164-6-3 - School Building Authority Reporting Procedures (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-07 - School Access Safety Act Guidelines and Procedures › Section 164-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the guidelines and procedures related to School Access Safety
				Act.
1.2. Authority. -- W. Va. Code
				§
									18-9D-20.
1.3. Filing Date.
				-- April 30, 2019
1.4. Effective
				Date. -- April 30, 2019
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect
				upon the expiration of April 30, 2029.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-07 - School Access Safety Act Guidelines and Procedures › Section 164-7-2 - School Access Safety Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Funds
				appropriated by the legislature to the School Access Safety Fund shall be
				distributed by the School Building Authority on the basis of net enrollment.
				These funds are for improvements of school access safety and will be
				distributed in accordance with School Building Authority policy and in
				accordance with all requirements in WV Code §
									18-9F-3._
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-07 - School Access Safety Act Guidelines and Procedures › Section 164-7-3 - School Access Safety Grants - Awarding of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Each county board who has an approved School Access Safety Plan and meets all
				the eligibility requirements of the School Access Safety Act established in W.
				Va. Code §
									18-9F-1 et al., will qualify for School Access funds.
3.2. The School Building Authority will
				initially review the list of projects within the plan for compliance with the
				School Access Safety Act and based upon the availability of funding will
				annually review projects from within the plan for funding
				consideration.
3.3. School Access
				Safety Grant projects must be included in the county's School Access Safety
				Plan and must be a part of an approved comprehensive educational facilities
				plan (CEFP) or must be amended into the CEFP to be eligible for
				funding.
3.4. School Access Safety
				funding provided by the School Building Authority must be expended within one
				year. The School Building Authority may grant a six-month extension of funding,
				if it is determined by the Authority that extenuating circumstances prevented
				the county from expending the funds within the one-year period. Once expired by
				the School Building Authority, remaining funds shall be added to the total
				funds available to all counties in the School Access Safety Fund and
				distributed in future funding cycles.
3.5. A local contribution in an amount equal
				to or exceeding 15% of the funding available to the county is required in order
				to secure School Access Safety funds. If a county board feels that it cannot
				fulfill the 15% local match as required, the county board of education may
				submit a financial hardship waiver request to the Department of Education for
				review and consideration. Once reviewed, the Department of Education will
				advise the School Building Authority of the disposition of the request prior to
				the award of funding.
West Virginia Code of State Rules › Agency 164 - School Building Authority Of West Virginia › Title 164 - LEGISLATIVE RULE SCHOOL BUILDING AUTHORITY OF WEST VIRGINIA › Series 164-07 - School Access Safety Act Guidelines and Procedures › Section 164-7-4 - Annual On-site Inspections of School Access Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each county board that receives School
				Access Safety monies to fund a project from their approved School Access Safety
				Plan is required annually to conduct an on-site inspection and submit a review
				of completed School Access Safety Projects to the State Board. The inspection
				shall be conducted in accordance with the provision of the Department of
				Education's Handbook on Planning School Facilities. A copy of the completed
				project review must also be submitted as part of the county boards CEFP annual
				update.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following procedural rules
				govern all regularly-scheduled meetings, special meetings, emergency meetings,
				records, members, and officers of the West Virginia Council for Community and
				Economic Development.
1.2.
				Authority. -- W. Va. Code §
									5B-2-3.
1.3. Filing Date. -- November 17,
				2003.
1.4. Effective Date. --
				November 17, 2003.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application.
				-- These procedural rules shall apply to the Council and to all persons
				desiring to attend or to address the Council.
2.2. Enforcement. -- The enforcement of these
				rules shall be vested with the Council.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Council" means the West Virginia
				Council for Community and Economic Development.
3.2. "Development Office" means the West
				Virginia Development Office.
3.3.
				"Director" means the Executive Director of the Development Office as appointed
				by the Council.
3.4. "Member" means
				member of the West Virginia Council for Community and Economic
				Development.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-4 - Council

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Powers. -- Subject to the limitations of
				W. Va. Code §
									5B-2-1 et seq., and the laws of W. Va. concerning community
				and industrial development, all corporate powers shall be exercised by or under
				the authority of the Council, and the business and affairs of the corporation
				shall be controlled by the Council.
4.2. Membership. -- The Council shall consist
				of no less than fifteen (15) nor more than seventeen (17) voting members.
(1) No less than nine (9) nor more than
				eleven members to be appointed by the Governor with the advice and consent of
				the Senate, representing community or regional interests, including economic
				development, commerce, banking, manufacturing, the utility industry, the mining
				industry, the telecommunications/data processing industry, small business,
				labor, tourism or agriculture: Provided, that one member appointed pursuant to
				this subsection shall be a member of a regional planning and development
				council. Of the members representing community or regional interests, there
				shall be at least three members from each congressional district of the state
				and they shall be appointed in such a manner as to provide a broad geographical
				distribution of members of the council;
(2) Four at-large members to be appointed by
				the Governor with the advice and consent of the Senate;
(3) The president of the West Virginia
				economic development council;
(4)
				The chair, or his or her designee, of the tourism commission created pursuant
				to the provisions of section eight of this article.
In addition, the
				  president of the Senate and the speaker of the House of Delegates, or his or
				  her designee, shall serve as ex officio nonvoting members.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-5 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Regular and Special Meetings. -- The
				Council shall meet at least quarterly on a date designated by the Chairperson.
				The Executive Director or Secretary of the Council shall notify the Council
				members of meeting dates and agenda items at least five (5) working days prior
				to regular meetings.
5.2. Emergency
				Meetings. -- Emergency meetings of the Council may be called by the Chairperson
				or upon the written demand of six (6) members of the Council. Emergency
				meetings shall be for the consideration of only those matters designated in the
				call for an emergency meeting.
5.3.
				Telephone Conferences and Voting. -- Telephone conferences and voting may be
				held by the Council on issues involving administrative functions of the Council
				or Development Office. Meetings held in this manner shall require twenty-four
				(24) hours notice to the members and may be electronically recorded.
5.4. Adjournment of Meetings. -- Any regular
				meeting of the Council may be adjourned without further notice to such date,
				hour, and place as may be determined by the Council at such meeting. In the
				event that a quorum is not present at such meeting and cannot be obtained
				within a reasonable time, such meeting shall be adjourned to such date, hour,
				and place as shall then be determined and announced by the Chairperson and
				notice of such adjourned meeting shall be given to those members not
				present.
5.5. Procedure at
				Meetings. -- At all regular and special meetings of the Council, the following
				shall be the order of business:
5.5.1. Roll
				call.
5.5.2. Approval of minutes of
				previous meeting.
5.5.3. Report of
				the Chairperson.
5.5.4. Report of
				Executive Director.
5.5.5. Reports
				of committees.
5.5.6. Unfinished
				business.
5.5.7. New
				business.
5.5.8. Other
				business.
5.5.9.
				Adjournment.
In all other respects not otherwise provided for in these
				  rules, Robert's Rules of Order shall govern the conduct of all meetings of the
				  Council.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-7 - Executive Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Executive
				Committee. -- The Council shall be authorized upon the affirmative vote of a
				majority of the members to form an Executive Committee consisting of not less
				than five (5) nor more than eight (8) members of the Council which shall be
				authorized to manage, control, and conduct such business of the Council as
				shall be authorized from time to time. The members of the Executive Committee
				shall consist of the Chairperson, Vice Chairperson, Secretary, and Treasurer of
				the Council, and at least one (1) but not more than four (4) members of the
				Council as shall be recommended by the Chairperson and approved by a majority
				vote of the Council.
The members of the Executive Committee shall serve at
				  the pleasure of the Council for one (1) year. Members shall be eligible for
				  reappointment, and any member whose term has expired shall serve until his
				  successor has been duly appointed and qualified.
Notwithstanding
				  any delegation of authority that the Council may make to the Executive
				  Committee hereunder, the Council shall exercise general supervision over the
				  Executive Committee, its officers and agents, and shall be responsible for the
				  proper performance of the Executive Committee, its officers and agents, and
				  their respective duties.
7.2. Meetings. -- The Executive Committee
				shall meet upon the call of the Chairperson.
Notice of regular, emergency,
				  or special meetings of the Executive Committee shall be governed by the same
				  provisions as set forth with regard to meetings of the Council in sections 5.7
				  and 5.8.
7.3. Quorum and
				Voting. -- A majority of the authorized number of members of the Executive
				Committee shall constitute a quorum for the transaction of business, and the
				affirmative vote of a majority of the members of the Executive Committee
				present at a meeting in person, by telephone, or by proxy shall be necessary
				for any actions taken by a vote of the Executive Committee.
7.4. Vacancies. -- A vacancy on the Executive
				Committee shall exist on the happening of any of the following events:
7.4.1. The death, incompetency, resignation,
				or removal of any member of the Executive Committee; or
7.4.2. An increase in the authorized number
				of members of the Executive Committee by a revision, amendment, or alteration
				of these procedural rules of the Council with the simultaneous appointment of a
				member to the Executive Committee to fill the newly authorized position.
A
				  vacancy on the Executive Committee shall be filled in the same manner as the
				  original appointment, or, if caused by a change in the procedural rules of the
				  Council, as provided therein. Each member of the Executive Committee so
				  appointed shall hold office for the unexpired term of his predecessor in
				  office.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-8 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Preparation of Minutes. -- The Council
				shall provide for the preparation of written minutes of all its meetings. All
				minutes shall specify the following:
8.1.1.
				The date, time, and place of the meeting.
8.1.2. The name of each Council member
				present.
8.1.3. All motions,
				proposals, resolutions, orders, and measures proposed, the name of the Council
				member(s) proposing the same, and their disposition.
8.1.4. The results of all votes and, upon the
				request of any Council member, the vote of each member by name.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-9 - Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Amendment of Rules. -- The Council shall
				have the power to make, alter, amend, suspend, and repeal the rules of the
				Council by a vote of not less than eight (8) of its members at any meeting of
				the Council. A quorum shall have the power to make, alter, amend, suspend, or
				repeal the rules of the Council in whole or in part Provided That the substance
				of the proposed action has been provided to each member at least five (5)
				working days before said meeting.
West Virginia Code of State Rules › Agency 165 - Community And Economic Development › Title 165 - PROCEDURAL RULE COMMUNITY AND ECONOMIC DEVELOPMENT › Series 165-01 - Council Organization And Meeting Procedure › Section 165-1-10 - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Fiscal Year. -- The fiscal year of the
				Council shall begin on the 1st of July of each year and end at 12:00 p.m. on
				the 30th day of June of the following year.
10.2. Construction and Definition. -- Unless
				the context requires otherwise, the general provisions, rules of construction,
				and definitions contained in the statutory laws and regulations of the State of
				West Virginia shall govern the construction of these procedural rules. Without
				limiting the foregoing, except as otherwise specifically provided, for the
				purpose of these procedural rules, and as the context may require, the
				masculine use of pronouns of the masculine gender and the use of pronouns of
				the feminine gender shall be deemed to include the masculine and neuter gender;
				gender shall be deemed to include pronouns of the feminine and neuter; the
				singular shall be deemed to include the plural, and the plural shall be deemed
				to include the singular; "shall" is deemed to be mandatory and "may" is deemed
				to be permissive.
West Virginia Code of State Rules › Agency 166 - Public Port Authority › Title 166 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION WEST VIRGINIA PUBLIC PORT AUTHORITY › Series 166-01 - Port District Application Requirements › Section 166-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule addresses the
				application requirements for obtaining Port District status.
1.2. Authority. -- This rule is issued
				pursuant to authority granted to the West Virginia Public Port Authority under
				West Virginia Code '17-16B-8.
1.3.
				Filing Date. -- January 30, 1995
1.4. Effective Date. -- March 1,
				1995
West Virginia Code of State Rules › Agency 166 - Public Port Authority › Title 166 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION WEST VIRGINIA PUBLIC PORT AUTHORITY › Series 166-01 - Port District Application Requirements › Section 166-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Applicant. -- Any public or private
				entity, or combination thereof, desiring Port District status.
2.2. Application. -- West Virginia Public
				Port Authority (WVPPA) Form 1.
2.3.
				Operating Agreement. -- Agreement outlining operating responsibilities of
				various principals at a port district on a project by project basis.
2.4. Port District. -- An entity authorized
				by the Port Authority.
2.5. Port
				District Status. -- Status requested by an entity and duly approved by a
				majority of Port Authority members.
2.6. Port Location. -- Geographical location
				of Port District.
2.7. Provisional
				Port District Status. -- Approval of Port District status with provisions and
				sometimes containing a time constraint.
2.8. WVPPA. -- West Virginia Public Port
				Authority.
West Virginia Code of State Rules › Agency 166 - Public Port Authority › Title 166 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION WEST VIRGINIA PUBLIC PORT AUTHORITY › Series 166-01 - Port District Application Requirements › Section 166-1-3 - Application Package

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Application.
				-- The applicant must complete and submit to the West Virginia Public Port
				Authority, WVPPA Form 1. (See Form 1, Exhibit A, Port District Application
				Requirements, 166 CSR 1.)
3.2. Plan
				For Future Development. -- This plan must be submitted to the West Virginia
				Public Port Authority coincident to the submission of the application, WVPPA
				Form 1 and will contain at a minimum the following information.
3.2.1. Cover letter
3.2.2. Organizational Structure and Proposed
				Project(s) - Describe the nature of the body desiring the establishment of a
				Port District. Is it a governmental agencies A private venture? A combination
				of the two? What type of venture - i.e., import, export, manufacturing,
				warehousing, processing? Estimated annual volume of activity in dollars, tons
				or other appropriate measure.
3.2.3. Officers - List the officers of the
				organization, their titles and addresses.
3.2.4. Multiple Projects - If more than one
				project, discuss each individually.
3.2.5. Location of Port District - Enclose a
				map showing the location of the Port District.
3.2.6. Port Infrastructure - Describe the
				existing port infrastructure, if any, its condition and deficiencies and needed
				improvements. Show these facilities on a map with adequate detail to inform
				Authority members.
Address transportation by mode - water, rail, highway,
				  pipeline or conveyor, air, if applicable - adequacy of public utility services
				  - electricity, gas, water supply and waste water treatment, solid waste
				  disposal, etc. and other necessary or existing structure - warehouses, bulk
				  storage sites, etc. Particular emphasis should be given to intermodal transfer
				  points.
3.2.7. Financing -
				How will development of the Port District be financed? What are the funding
				sources?
3.2.8. Economic Impact -
				What will be the economic impact of the Port District? Will it provide new jobs
				and will they be of a temporary or permanent nature?
How will creation of this Port District contribute to the
				  economic development of the area it will serve?
3.2.9. Insurance - Submit proof of insurance
				in accordance with this procedure and WVPPA Form 1.
3.2.10. Other - List any special factors
				which might make the proposed Port District unique or especially deserving of
				designation.
Conversely, list any potential problem areas involved with
				  designating the site as a Port District, i.e. zoning restrictions,
				  environmental, expressed local opposition, etc.
West Virginia Code of State Rules › Agency 166 - Public Port Authority › Title 166 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION WEST VIRGINIA PUBLIC PORT AUTHORITY › Series 166-01 - Port District Application Requirements › Section 166-1-4 - Liability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Independent Acts - It is expressly
				understood and agreed that the Applicant is and shall at all times throughout
				the application process be an independent contractor and operator, responsible
				to all parties for its acts and omissions, and that the West Virginia Public
				Port Authority and the State of West Virginia shall in no way be responsible
				therefor.
The applicant hereby assumes all risks incident to or in
				  connection with its business to be conducted throughout the application and
				  development process, and agrees to indemnify, defend and save harmless the West
				  Virginia Public Port Authority, its members, officers, employees and agents,
				  from any and all claims, suits, losses, or damages for injuries to persons or
				  damage to property of whatsoever kind or nature rising directly or indirectly
				  out of the operation of the "Port District", by its members, officers,
				  employees or agents.
West Virginia Code of State Rules › Agency 166 - Public Port Authority › Title 166 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION WEST VIRGINIA PUBLIC PORT AUTHORITY › Series 166-01 - Port District Application Requirements › Section 166-1-5 - Application Package Submission and WVPPA Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Timing. -- Application package shall be
				submitted at least 15 working days prior to a regularly scheduled Authority
				meeting.
5.2. Submission. -- Submit
				Application Package to:
West Virginia Public Port Authority
West Virginia Department of Transportation
1900 Kanawha Boulevard, E.,
Building 5, Room 931
Charleston, West Virginia 25305-0330
5.3. Presentation. -- The applicant or
				sponsor shall make a verbal presentation to the Authority of their proposal at
				a scheduled Public Port Authority meeting.
5.4. Decision. -- The West Virginia Public
				Port Authority will review proposals and respond to the applicant in a timely
EXHIBIT A manner.
PORT DISTRICT STATUS APPLICATION, FORM
				  1
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-01 - Infrastructure and Jobs Development Council › Section 167-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and Purpose. -- This legislative
				rule establishes guidelines to be used by the Council in evaluating any request
				by a project sponsor for funding assistance for the planning, design,
				acquisition, or construction of water and waste water projects and the funding
				of all or any part of the projects through the Infrastructure Fund.
1.2. Authority. -- W. Va. Code
				§§
									31-15A-4, 31-15A-5 and 31-15A-10.
1.3. Filing Date. -- March 28,
				2014.
1.4. Effective Date. -- April
				28, 2014.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-01 - Infrastructure and Jobs Development Council › Section 167-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means the Infrastructure and Jobs
				Development Act, W. Va. Code §§
									31-15A-1 et seq.
2.2. "Crisis Situation" means a recent
				incident such as an act of God (drought, freeze, flood, storm or landslide), or
				an act of man (chemical spill or vandalism), resulting in an outage or a
				significant decline in quality or quantity of potable water or the treatment of
				waste water which poses a serious and immediate threat or endangerment to
				health for which local funds are not available to resolve the threat or
				endangerment: Provided, That a crisis situation caused by an act of man shall
				not include occurrences resulting from the lack of maintenance; negligence;
				normal replacement of operating parts, pumps, or systems; or upgrades to
				achieve compliance with existing or new regulatory standards.
2.3. "Infrastructure project" means a project
				in the State which the Council determines is likely to foster and enhance
				public health, economic growth and development in the area of the State in
				which the project is developed, for commercial, industrial, community
				improvement or preservation or other proper purposes. Infrastructure projects
				include but are not limited to tourism and recreational housing, land, air or
				water transportation facilities and bridges, industrial or commercial projects
				and facilities, mail order, warehouses, wholesale and retail sales facilities
				and other real and personal properties, including facilities owned or leased by
				this state or any other project sponsor, and includes, without limitation (1)
				the process of acquiring, holding, operating, planning, financing, demolition,
				construction, improving, expanding, renovation, leasing or otherwise disposing
				of the project or any part of the project or interest in the project, and (2)
				preparing land for construction and making, installing or constructing
				improvements on the land, including water or waste water facilities or any part
				of the facilities, steam, gas, telephone and telecommunications and electric
				lines and installations, roads, bridges, railroad spurs, buildings, docking and
				shipping facilities, curbs, gutters, sidewalks, and drainage and flood control
				facilities, whether on or off the site.
2.4. "Project sponsor" means any person or
				governmental agency, or any combination thereof, including, but not limited to,
				any public utility, which intends to plan, acquire, construct, improve or
				otherwise develop a project or infrastructure project.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-01 - Infrastructure and Jobs Development Council › Section 167-1-3 - Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Project Review. Prior to applying for or
				receiving any loan, loan guarantee, grant or other funding assistance for a
				project from any State infrastructure agency, a project sponsor shall submit a
				preliminary application on the Council's form and must receive the Council's
				recommendation.
3.1.1. If a project sponsor
				believes that a project is outside the review of the Council, then the project
				sponsor shall complete only the appropriate sections of the preliminary
				application form and shall request an exemption from review.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-01 - Infrastructure and Jobs Development Council › Section 167-1-4 - Review Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Determination of Eligible Projects. When evaluating any request for funding
				assistance to plan, acquire, construct, improve or otherwise develop a project,
				the Council and other State infrastructure agencies shall consider the
				following:
4.1.1. The public health
				benefits;
4.1.2. The economic
				development benefits;
4.1.3. The
				degree to which the project will correct deficiencies involving compliance of
				water systems or sewage treatment facilities with State or federal laws, rules,
				regulations or standards;
4.1.4.
				The degree to which the project encourages effective and efficient
				consolidation of water or sewage treatment systems consistent with the
				comprehensive plan developed pursuant to Section six of the Act;
4.1.5. The cost effectiveness of the project
				as compared with alternatives which achieve substantially the same public
				health or economic development benefits, including the consideration of system
				operation and maintenance requirements and providing maximum feasible fire
				protection;
4.1.6. The availability
				of alternative sources of funding which could finance all or a part of the
				project, and the need for the assistance of the Council to finance the project
				or attract other sources of funding;
4.1.7. The applicant's ability to operate and
				maintain the system if the project is approved;
4.1.8. The degree to which the project
				achieves other State or regional planning goals;
4.1.9. The estimated date upon which the
				project could commence if funding were available and the estimated completion
				date of the project;
4.1.10. Any
				other considerations the Council considers necessary or appropriate to
				accomplish the purpose and intent of the Act.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for providing notice to the public and the news media of all
				regularly-scheduled, special and emergency meetings of the West Virginia
				Infrastructure & Jobs Development Council and certain committees
				thereof.
1.2. Authority. -- W. Va.
				Code ''31-15A-4 and 6-9A-3.
1.3.
				Filing Date. -- September 13, 1999.
1.4. Effective Date. -- November 12,
				1999.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Council" means the West Virginia
				Infrastructure and Jobs Development Council created and established under W.
				Va. Code '31-15A-1 et seq.
2.2.
				"Consolidation Committee" means the consolidation committee of the
				Council.
2.3. "Funding Committee"
				means the funding committee of the Council.
2.4. "Governing Body" means the Council, the
				Consolidation Committee or the Funding Committee.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-3 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Regularly Scheduled Meetings -- The
				Council, the Consolidation Committee and the Funding Committee shall each cause
				notice of their respective regularly scheduled meetings to be filed with the
				office of the Secretary of State for the State of West Virginia for publication
				in the State Register in a manner to allow each notice to appear in said
				publication at least five days prior to the date of the meeting. Notice
				provided under this section shall include the date, time, place and agenda of
				the meeting.
3.2. Special Meetings
				-- The Council, the Consolidation Committee and the Funding Committee shall
				each cause notice of all of their respective special meetings to be filed with
				the office of the Secretary of State for the State of West Virginia for
				publication in the State Register in a manner to allow each notice to appear in
				said publication at least five days prior to the date of the meeting. Notice
				provided under this section shall include the date, time, place and purpose of
				the meeting.
3.3. Emergency
				Meetings -- The Council, the Consolidation Committee and the Funding Committee
				may each file notice of any of their respective emergency meetings requiring
				immediate official action with the office of the Secretary of State for the
				State of West Virginia for publication in the State Register at any time prior
				to such meeting. Notice provided under this section shall include the date,
				time, place and purpose of the meeting and the facts and circumstances of the
				emergency.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-4 - Continued Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For purposes
				of this rule, the announcement of continuation at a meeting otherwise noticed
				hereunder shall be deemed reasonable notice of the reconvening of the continued
				meeting.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-5 - Additional Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Nothing in
				this rule shall prohibit a Governing Body from providing additional notice for
				any particular meeting which it deems desirable or necessary, including the
				practice of causing the notice to be provided to local newspapers, television
				stations, radio stations and other news media.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-6 - Amendments to Agenda

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If
				amendments to the agendas published in accordance with '167-2-3.1 should occur
				prior to the date of any regularly-scheduled meeting, the Governing Body shall
				provide immediate notice of such amendment by posting a copy of the amended
				agenda at a prominent place at the location where the meeting is to be
				held.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-7 - Telephone and Electronic Conferences

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Attendance B Members of the Council, the Consolidation Committee and the
				Funding Committee may participate in any regularly-scheduled, special or
				emergency meeting by telephone conference or other similar electronic
				means.
7.2. Participation -- At
				each meeting where a member participates by telephone or electronic means, the
				presiding officer of the Governing Body shall convene the meeting and advise
				the public of the identity of the member participating in said manner. The
				voice, comments and votes of said member shall be audible to all those
				personally present at the meeting.
7.3. Voting B Members participating in a
				meeting of a Governing Body by telephone or electronic means may cast votes on
				any matter to be voted upon at the meeting;
provided
, that no
				member may cast his or her vote by facsimile transmission. Where a majority of
				the members of a Governing Body has participated in a meeting of that body by
				telephone or electronic means, the actions taken at that meeting shall be
				ratified at the next succeeding regularly scheduled meeting of the body, and
				said ratification shall be placed in the minutes of the meeting. Where less
				than a majority of the members of a Governing Body has participated in a
				meeting of that body by telephone or electronic means, the votes of those
				members so participating shall be confirmed at the next succeeding regularly
				schedule meeting of the body, and said confirmation shall be placed in the
				minutes of the meeting.
West Virginia Code of State Rules › Agency 167 - Infrastructure And Jobs Development Council › Title 167 - LEGISLATIVE RULE WEST VIRGINIA INFRASTRUCTURE & JOBS DEVELOPMENT COUNCIL › Series 167-02 - Rule Establishing Procedures To Provide Public Notice Of Date, Time, Place, Agenda And Purpose Of Meetings Of WV Infrastructure And Jobs Development Council And Manner In Which Meetings Are To be Conducted › Section 167-2-8 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If any word, phrase or provision of this
				rule is held to be invalid, the remainder of the rule shall, to the fullest
				extent possible, not be affected by that holding.
West Virginia Code of State Rules › Agency 168 - Prosecuting Attorneys Institute › Title 168 - PROCEDURAL RULE PROSECUTING ATTORNEYS INSTITUTE › Series 168-01 - Payment for Costs of Forensic Medical Examination › Section 168-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule outlines procedures
				for paying the costs of forensic medical examinations for victims of sexual
				offenses from the forensic medical examination fund administered by the West
				Virginia Prosecuting Attorneys Institute. This rule is not intended to set
				standards for the conduct of a criminal investigation or to affect in any
				manner the admissibility of evidence.
1.2. Authority. -- W. Va. Code
				§61-8b-18.
1.3. Filing Date. - June 1, 2023.
1.4. Effective Date. - July 1,
				2023.
West Virginia Code of State Rules › Agency 168 - Prosecuting Attorneys Institute › Title 168 - PROCEDURAL RULE PROSECUTING ATTORNEYS INSTITUTE › Series 168-01 - Payment for Costs of Forensic Medical Examination › Section 168-1-2 - Definitions

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2.1. Terms Defined by Statute -- Terms
				defined in W. Va. Code §61-8B have the same meanings when used in this
				rule unless the context or subject matter clearly requires a different
				interpretation.
2.2. Terms Defined
				-- As used in this rule, the following terms have the following meanings unless
				the context or subject matter clearly requires a different interpretation:
2.2.1. "Licensed health care professional"
				means a state-licensed health care professional licensed, registered or
				certified under Chapter 30 of the W. Va. Code.
2.2.2. "Licensed medical facility" or
				"hospital" means a hospital, critical access hospital or other health facility
				licensed under W. Va. Code §16-5B, a similarly licensed out-of-state
				hospital that accepts West Virginia Medicaid patients in a county adjacent to
				the West Virginia county in which venue lies, or a facility authorized and
				operated under W. Va. Code §16-2.
2.2.3. "Physician" means a physician licensed
				under W. Va. Code §§30-3 or 30-14.
2.2.4. "Sexual assault nurse examiner" or
				"SANE" means a registered nurse who has received at least forty (40) hours of
				sexual assault nurse examiner classroom training in the area of sexual assault
				through an accredited school of nursing or a program approved for continuing
				education credit by the West Virginia Board of Examiners of Registered
				Professional Nurses, and who has completed the associated clinical experience
				requirement.