reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-10 - Operational standards

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Communications assistant -
10.a.
				Communications Assistant qualifications.
10.a.1. Mandatory - The applicant shall
				specify how it plans to meet the necessary proficiency requirements for CAs.
				This discussion will include, but not be limited to, the level of proficiency
				to be required for skills in typing, grammar, and spelling.
10.a.2. Required -- The applicant shall
				require that all prospective CAs take and pass a quantifiable,
				performance-based Proficiency Examination. This examination shall cover
				spelling, typing, dictation, procedures, including the handling of emergency
				calls, characteristics of ASL as it may be reflected in the written language of
				TT users, deaf culture, ethics and confidentiality, and professional judgment.
				This test shall have as its minimum requirements the proficiency skills for CAs
				mandated by this Commission. The relay center shall make sure that material
				from these tests is not available to the CAs before testing time and must
				change portions of the tests from time to time.
Any CA who cannot pass this examination within a three-month
				  training period shall not be utilized as a CA. CAs shall be retested at least
				  annually.
Trainees shall be identified to both parties at the onset of
				  each conversation to mitigate potential for criticism of CA quality.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-12 - Functional Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Enforcement/Complaint Process.
12.1.a.
				Mandatory. Service providers shall establish procedures regarding complaints,
				inquiries and comments regarding TRS services and personnel. The applicant
				shall provide an outline of the major points included in the complaint, comment
				and inquiry procedures.
12.1.b.
				Required.
12.1.b.1. The TRS shall take
				complaints by mail and telephone during normal business hours. Complainants
				shall not be required to put complaints in writing.
12.1.b.2. The provider shall ensure that any
				caller to the relay center having a complaint will be able to reach a
				supervisor or administrator while still on the line during a relay call during
				normal business hours.
12.1.b.3.
				All complaints received by supervisors or in writing shall be documented,
				including their resolution, and kept on file for a period of 12 months. These
				records shall be made available to the PSC Staff on request. All complaint
				forms shall be drafted in plain language, with full instructions for completing
				and filing the form, and large print copies available for visually
				impaired.
12.1.b.4. The TRS shall
				investigate and resolve all complaints promptly. The TRS shall inform the
				complainant in a timely manner regarding the resolution of a
				complaint.
12.1.b.5. In the event
				that the TRS is not able to resolve a complaint to the complainant's
				satisfaction, the TRS shall report the matter promptly to the PSC's Utilities
				Division.
12.1.b.6. The TRS shall
				cooperate fully with PSC Staff regarding complaint investigations, quality of
				service, compliance, and performance audits.
12.1.b.7. The TRS provider shall provide
				monthly summary reports to the PSC Staff regarding numbers of complaints
				received and subject areas of the complaints.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-21 - Certification of Operation of Telecommunication Relay Services (TRS) › Section 150-21-13 - Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Mandatory.
13.1.a. All calls to access the Relay Service
				Center shall be at no cost to the person making the call.
13.1.b. If a caller does not register or
				request a preferred carrier through the Relay Service Center, the calls should
				be processed through the default long distance provider employed by the Relay
				Service Center. To allow for the extra time required to process the call, the
				caller should not be charged more than fifty percent of the standard rates of
				the default carrier. The TRS provider will ensure that the call digit
				information sent with the call to the long distance carrier will identify the
				call as a West Virginia Relay call, allowing the carrier to correctly identify
				each relay call and apply the required relay discount.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Public Law No. 102-240, "The Intermodal Surface Transportation Efficiency Act
				of 1991" (ISTEA), substantially amended 49 U.S.C. 11506, which set forth
				standards for registration of interstate motor carriers by the Interstate
				Commerce Commission and the states. The new law requires participating states
				to replace the current multi-state authority registration system (the so-called
				"bingo card" program) with a single-state insurance registration system.
				Mindful of this Commission's obligation to safeguard the public interest, it
				shall hence-forth be the policy of the Public Service Commission of West
				Virginia to implement a single-state insurance registration system for
				interstate motor carriers operating within the borders of this state in a
				manner consistent with the standards and procedures set forth in
				ISTEA.
1.2. Authority. -- W. Va.
				Code '24A-6A-14;
				49 U.S.C. 11506(c)(1) and Section 4005 of the Intermodal Surface Transportation
				Efficiency Act of 1991.
1.3. Filing
				Date. -- July 26, 1994.
1.4.
				Effective Date. -- September 24, 1994.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-4 - Registration Process

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Registration period.
The applicant shall file annually between the 1st day of
				  August and the 30th day of November of the year preceding the registra-tion
				  year an application with the Commission for registration of all ICC regulated
				  operations. The required application form to be used is attached hereto.
4.2. Complete application
				required.
The application form must be completed in its entirety and
				  signed by an authorized member of the company or its agent, otherwise the
				  registration shall be considered incomplete.
4.3. Name requirements.
The application must contain the full name of the motor
				  carrier. This includes all owner name(s) and any d/b/a (doing business as).
				  This name will be verified with the name shown on the ICC certificate or permit
				  submitted with the application. If the name on the application differs from the
				  most recent ICC certificate or permit, the registration will be considered
				  incomplete until the applicant provides a copy of the reentitlement from the
				  ICC showing the change of name or amends the application form by providing
				  written notice to the registration state.
4.4. Address requirements.
4.4.1. The business city and business state
				address on the application will be verified with the ICC certificate or permit
				submitted with the application. If the business city and state are not the
				same, the registration will be considered incomplete until the applicant
				provides a copy of the request to the ICC for change of address or amends the
				application form by providing written notice to the Commission.
4.4.2. The business street must be a physical
				address. The use of a post office box is not acceptable. If the motor carrier
				lives in a rural area and does not have a physical street address, a rural
				route with a box number will be accepted.
4.4.3. A mailing address may be given for
				mailing purposes only. A mailing address shall not be used to determine
				reci-procity.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-5 - Designation of Process Agent

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Form.
Designation of process agent shall be filed by the motor
				  carrier with the Commission for each state of travel. Designations shall be
				  made using the BOC-3 form as required by the ICC under 49 CFR Part 1044. The
				  motor carrier shall supplement this filing as necessary to ensure that current
				  information is on file with the Commission. Failure to maintain current
				  information shall subject the registra-tion to suspension as detailed in
				  section 9.00 et seq.
5.2.
				Blanket designations.
An association or corporation may file a list of process
				  agents for each State by making a blanket designation on the BOC- 3 form in
				  compliance with 49 CFR 1044.5.
5.3. Designation cancellation or change.
A designation may be cancelled or changed only by a new
				  designation except when a motor carrier ceases to operate its authority and a
				  designation is no longer required and may be cancelled without making another
				  designation.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-8 - Change of Name, Address and/or Ownership of Registrant

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Procedures for registration changes.
Registration changes shall be governed by the following
				  procedures:
8.1.1. If the registrant
				changes its name (not change of ownership for example a d/b/a is added, a d/b/a
				is changed or a sole proprietor or partners incorporates and are the
				stockholders of the new corporation) after the registration receipt has been
				issued, the registrant shall submit to the Commission a copy of the
				reentitlement issued by the ICC. The Commission shall require proof of
				insurance to be resubmitted in the new name before a replacement registration
				receipt shall be issued by the Commission. The Commission shall inform carriers
				that old copies of the registra-tion receipt carried in the cab of the motor
				vehicles must be replaced with the new copies and the old copies shall be
				destroyed by the motor carrier.
8.1.2. If the registrant changes its business
				address, the Commission will require filing of a copy of the notice (letter
				from the motor carrier to the ICC) submitted to the ICC for a similar change of
				address. If the business address change involves a street, route, box number or
				city only, the registrant shall notify the Commission in writing of that
				change. When the business address of the registrant has been changed, new proof
				of insurance must be filed with the Commission accordingly.
8.1.3. If the address change causes a new
				registration state to be selected, see section 3.00 of these
				procedures.
8.1.4. A registrant
				that changes its principal place of business from a state without reciprocity
				agreements for waiving of vehicle fees to a state with reciprocity agreements
				during the registration period will not be allowed any credit or refund of fees
				paid to its registration state.
8.1.5. When the interstate authority is
				transferred to new owners, the current registrant (old owners) must notify the
				Commission to cancel its registration. New owners shall be required to register
				with the Commis-sion like all new registrants. The registration receipts of the
				old owners will not be reissued in the name of the new owners.
8.1.6. When the registrant changes its name,
				address or ownership, the Commissions shall forward this information to all
				affected participating states when the Commission forwards the next monthly
				transmittal.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-11 - Auditing

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Carrier
				audits.
The Commission may audit any motor carrier to ensure correct
				  payment of fees or to detect alteration of the registration receipt. If within
				  reasonable time, the registrant fails to respond and pay the required per motor
				  vehicle fees after notice of audit findings and/or written notice of amount
				  due, the Commission shall revoke a motor carrier's registration.
11.2. Carrier record retention.
The motor carrier shall maintain records and source documents
				  supporting fee payments and the original receipt issued by the registra-tion
				  state for a period of three years.
11.3. Audit locations.
Audits may be conducted at the principal place of business of
				  the carrier. The Commis-sion may also require the carrier to submit
				  documentation for audit to the state agency. Participating states will
				  cooperate as much as possible as to the determination of the proper amount of
				  fees to be collected from the registrants for states of
				  travel.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-12 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Effective
				date of agreements.
Reciprocity agreement(s) in effect as of November 15, 1991
				  must be considered when determining fees to be charged under this
				  program.
12.2. Designation
				of registration state.
A motor carrier whose principal place of business is located
				  in a state not eligible to participate in this program shall not use its
				  designation of a registration state for this program to afford itself any
				  benefits of reciprocity agreements of that registration state.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-13 - Acquisition of ICC Authority After Holding Exempt Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Procedures.
If a motor carrier transporting interstate commodities exempt
				  from registration with the ICC received authority from the ICC to transport
				  regulated commodities in interstate commerce, the motor carrier must select its
				  registration state and complete the registration process as required under
				  these procedures and as follows:
13.1.1. If ICC authority is received and the
				motor carrier intends to operate prior to January 1, 1994, the motor carrier
				will be required to comply (including payment of renewal fees) in the exact
				manner as all other ICC authorized carriers for the registra-tion period
				beginning January 1, 1994, in accordance with these procedures.
13.1.2. If ICC authority is received after
				January 1, 1994, the fees for this program will be waived if those fees were
				previously paid to the states in the calendar year 1994 for each vehicle. The
				motor carrier shall include a statement with the registration form that the
				number of vehicles and the amount of fees paid as indicated on the fee listing
				attached to the registra-tion form were the amounts paid to the states under
				the bingo stamp program. A registration receipt will be issued for those
				vehicles and those states of travel.
13.1.3. If the motor carrier desires to add
				additional states of travel or additional equipment, a supplemental
				registra-tion form shall be completed. A supplemental registra-tion receipt
				will be issued in accordance with the requirements set forth in section
				4.10.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Section 22 of the Hazardous Materials Transportation Uniform Safety Act of 1990
				(HMTUSA) mandates that states wishing to register and permit motor carriers
				which transport hazardous materials must do so using uniform procedures and
				forms.
This Commission is obligated to safeguard the public
				  interest. Therefore it shall henceforth be the policy of the Public Service
				  Commission of West Virginia to implement a uniform registration and permit
				  program for hazardous materials for motor carriers operating within the borders
				  of this state. The registration and permit program shall be consistent with the
				  uniform procedures and forms set forth by the Secretary, United States
				  Department of Transportation. The specific uniformity requirements for the
				  program will also be established by the Secretary of Transportation through a
				  federal rulemaking process, through an Alliance of affected states and
				  interests, and through a governing board.
The overall objective of the program is the promotion of
				  safety in the transportation of hazardous materials in West Virginia and other
				  states. The uniform procedures established in this program seek to enhance
				  public health and safety by increasing compliance with state registration and
				  permitting requirements for the highway transportation of hazardous
				  materials.
1.2. Authority.
				-- W. Va. Code '24A-6B-1;
				and Section 22 of the Hazardous Materials Transportation Uniform Safety Act of
				1990.
1.3. Filing Date. -- October
				13, 1994.
1.4. Effective Date. --
				December 12, 1994.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Alliance"
				means the working group of state, local, industry and environmental officials
				established by the Secretary, U.S. Department of Transportation that developed
				recommendations for the uniform procedures and forms that would be included in
				the federal regulations.
2.2. "Base
				State" means the state in which a motor carrier must obtain a registra-tion
				and/or permit.
2.3. "Base State
				Agreement" means the agreement among participating jurisdictions electing to
				register or to permit motor carriers and/or shippers of hazardous
				materials.
2.4. "Commission" means
				the West Virginia Public Service Commission.
2.5. "Consumer Complaints" means alleged
				motor carrier violations made by the public which may trigger an investigation
				of a motor carrier.
2.6.
				"Cross-matching of Data" means comparison of available data from two or more
				independent sources (e.g. Motor Carrier Safety Assistance Program inspections
				and hazardous material motor carrier registrations).
2.7. "Desk Audit" means review of a company's
				records sent by the company to the Commission generally triggered by a
				suspected compliance violation.
2.8. "Hazardous Materials" means:
2.8.1. hazardous materials of a type and
				amount that requires the transport vehicle to be placarded pursuant to 49
				C.F.R. 172;
2.8.2. "hazardous
				substances" and/or "marine pollutants" when transported in bulk packaging as
				defined in
				49 C.F.R.
				171.8; or
2.8.3. hazardous waste of a type and amount
				that requires the shipment to be accompanied by a Uniform Hazardous Waste
				Manifest contained in 40 C.F.R. 262, including "state designated hazardous
				wastes." State designated hazardous wastes are addi-tional hazardous wastes
				that have been officially determined by states that have been authorized by the
				United States Environmental Protection Agency to manage Resource Conservation
				Recovery Act (RCRA) programs within their respective states.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-3 - Preemption

Current through Register Vol. XLI, No. 28, July 12, 2024
This program will preempt and supersede any hazardous
				  material or hazardous waste transportation registration or permitting program
				  administered or enforced by any state agency, city, county, or other political
				  subdivision of the state.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-4 - Implementation

Current through Register Vol. XLI, No. 28, July 12, 2024
On the effective date of these rules, the Commission shall
				  implement the uniform registration and permitting program in accordance with
				  the regulations defined in the Alliance report submitted to the Secretary of
				  the U.S. Department of Transportation. All persons who transport hazardous
				  materials into or through West Virginia shall apply for a uniform hazardous
				  materials registration and permit from the Commission.
A registration or permit issued by the Commission pursuant to
				  the uniform program shall be accepted as valid, and legally enforceable, in all
				  participating jurisdictions; provided that if a court of competent jurisdiction
				  should determine that a state, political subdivision, or Indian tribe may not
				  enjoin or otherwise restrain the operation of an unqualified hazardous
				  materials motor carrier in their state, the provision for reciprocity
				  established in this section shall be deemed non-reversible and null and void.
				  If this should occur, non-base states shall not be required to honor permits
				  issued by base states.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-5 - Base State Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission may enter into agreements with federal
				  agencies, a national repository, or other participating states as necessary to
				  allow the reciprocal registration and permitting of carriers transporting
				  hazardous material or hazardous waste. The agreements may include procedures
				  for determining a base state, the collection and distribution of registration
				  fees, dispute resolution, the exchange of information for reporting and
				  enforcement purposes, and other provisions necessary to fully implement,
				  administer, and enforce the uniform program.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-6 - Base State Selection

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				base state for a motor carrier covered by this section shall be determined in
				the following manner:
6.1.1. If a motor
				carrier does not operate in a state that is a participating jurisdiction, this
				section does not apply and the motor carrier need not identify a base state for
				purposes of the uniform program.
6.1.2. If a motor carrier operates only in a
				state or states that are participating jurisdictions but require only a
				registra-tion, the motor carrier's base state shall be:
6.1.2.a. the state that is the motor
				carrier's principal place of business, if such state is a signatory to the base
				state agreement, or
6.1.2.b. if the
				state that is the motor carrier's principal place of business is not a
				signatory to the base state agreement, the state that is a signatory to the
				agreement in which the motor carrier records a plurality of total miles
				traveled.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-7 - Single Trip Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission shall not issue single-trip permits that
				  authorize or imply any authority to transport hazardous materials under this
				  program. A motor carrier will not have the option of circumventing the full
				  permit application process through the issuance of single trip
				  permits.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-8 - Owner/Operator Vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				permitted motor carrier that transports hazardous materials under its permit
				using owner/operator vehicles is responsible for the operations of such
				vehicles and drivers, including all assurances and certifications contained in
				the uniform permit, as if such vehicles were owned and operated by the
				permitted motor carrier and the driver was employed by the motor carrier, and
				including providing information on the owner/operator that would be required in
				the part III business disclosure for hazardous waste transporters. Violations
				of hazardous materials transportation requirements that result from the
				operations of owner/operator vehicles while operating under a motor carrier's
				permit authority shall be viewed as violations by the permitted motor carrier
				and shall be reported to the base state at the time of future application or
				renewal of the national permit.
8.2. This section does not apply to instances
				in which a motor carrier subcontracts with a second motor carrier for the
				transportation of hazardous materials. In such a case, the subcontractor must
				have its own registration and/or permit pursuant to the uniform program. For
				purposes of this subsection, a subcontractor shall be a person or entity with
				whom a transporter of hazardous materials contracts to perform a service
				related to the transport of hazardous materials.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-9 - Uniform Program Application

Current through Register Vol. XLI, No. 28, July 12, 2024
The uniform application form must be filled out in its
				  entirety by the motor carrier and returned to the Commission for processing.
				  Processing shall not begin until the application is complete. The Commission
				  shall use uniform application forms which are acceptable to the Alliance and
				  the Secretary.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-10 - Hazardous Materials Registration - Part I

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Applicability.
No person may transport by motor carrier any hazardous
				  material in any participating jurisdiction requiring registration of hazardous
				  materials transportation unless that person maintains a valid registration
				  pursuant to this uniform program.
10.2. Uniform Application.
The registration section is part I of the uniform
				  application. A motor carrier shall register in its base state.
10.3. Registration year.
The registration period begins on July 1 of each year. A
				  registration shall remain valid for one year from the date of issuance.
10.4. Fees not prorated.
Fees collected under this system will not be prorated for
				  partial year operations.
10.5. Fee structure.
The registration fee structure will be based on a company's
				  apportioned per vehicle (power unit) hazardous material transportation activity
				  within each state. The level of hazardous material transportation activity
				  within a state shall be based on two factors: the percent of activity in the
				  state and the percentage of the motor carrier's total activity that involves
				  the transport of hazardous materials.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-13 - Hazardous Waste Permit - Part III

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Uniform application.
The hazardous waste permit is part III of the uniform
				  application.
13.2.
				Applicable quantity.
All quantities of hazardous waste that require the use of the
				  federal uniform hazardous waste manifest are subject to the uniform state
				  program. Carriers applying for hazardous waste permits must complete part III
				  of the uniform application.
13.3. Affected carriers.
The Commission shall not require motor carriers to apply for
				  the part III permit of the uniform program, which applies only to motor
				  carriers that transport hazardous waste, to conduct operations exclusively in
				  West Virginia. However, if interstate motor carriers whose registration state
				  is West Virginia transport hazardous waste into or through states that require
				  the part III permit, then they will be required to apply for the part III
				  permit from the Commission.
13.4. Background investigations.
The Commission may contract with outside vendors or other
				  participating states to provide the service of conducting the required part III
				  permit background investigations for the Commission.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-14 - Certification of Information - Part IV

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Uniform application.
Part IV is a section that certifies that the motor carrier
				  provided accurate information in filling out the uniform application. The
				  applicant must complete part IV before the uniform application will be
				  processed by the Commis-sion.
14.2. Credential copies.
If the motor carrier has complied with all the program
				  requirements, the base state shall issue the motor carrier a credential sheet
				  as evidence of the registration and permit. The motor carrier shall maintain a
				  copy of the credential form in each vehicle it uses to transport a hazardous
				  material or hazardous waste, and shall display the company registra-tion number
				  on shipping papers for all hazardous material loads of a type or quantity that
				  requires the vehicle to be placarded in accordance with the code of federal
				  regulations, title 49, part 172.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-15 - Grants and Revenues

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Funding.
The Commission may accept and disburse federal or state funds
				  available for the purpose of implementing, administering, and enforcing the
				  uniform program.
15.2.
				National repository surcharge.
The Commission may include a surcharge on registration fees
				  that is earmarked for maintenance of a national repository.
15.3. Revenue dedication.
Revenues generated through registra-tion and processing fees
				  shall be dedicated to purposes that enhance the safe transportation of
				  hazardous materials as mandated in HMTUSA.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-16 - Suspension, Revocation, and Denial

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission may suspend or revoke a registration and
				  permit issued under this section, or order the suspension of the Transportation
				  of hazardous material or hazardous waste in West Virginia by a carrier who has
				  obtained a notice of registration and permit from another participating state
				  under the uniform program if the Commission determines that such carrier made a
				  materially false or misleading statement in the uniform application, or that
				  such carrier's conduct constitutes a serious or repeated violation of statutes
				  or rules governing the transportation of hazardous material or hazardous waste.
				  The Commission may not issue a notice of registra-tion and permit to a carrier
				  if the Commission determines that such carrier's conduct would constitute
				  grounds for suspension or revocation under this subdivision. A motor carrier
				  who wishes to contest a denial, suspension, or revocation is entitled to
				  reasonable notice and an opportunity to be heard.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-17 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission is authorized to inspect or examine any
				  commercial motor vehicle or facility operated by a motor carrier who transports
				  hazardous material or hazardous waste in this state, and may require the
				  production of papers, books, records, documents, or other evidentiary material
				  necessary to determine if a motor carrier is accurately reporting its hazardous
				  material transportation operations and is otherwise complying with the uniform
				  program. The Commission may use subpoenas, depositions and other civil
				  discovery powers authorized by the laws of West Virginia. The Commission may
				  also conduct investigations and audits necessary to determine if a carrier is
				  entitled to a permit or to make suspension or revocation determinations.
17.1. Penalties for violation of hazardous
				materials transportation requirements, including but not limited to those
				established pursuant to the uniform program, shall be the penalties established
				by the law of the participating jurisdiction in which the violation occurs.
				Nothing in this part shall affect the continuing force of any penalty imposed
				by a participating jurisdiction for violation of law prior to the effective
				date of this part.
17.2. A
				participating jurisdiction that is not the base state for a motor carrier may
				take any appropriate action against a motor carrier authorized under the
				jurisdiction's law, up to and including suspension of the motor carrier's
				authority to transport hazardous materials within the jurisdiction.
17.3. A participating jurisdiction that has
				taken enforcement action against a motor carrier may determine the length of
				time that any such penalty applies and the conditions that must be satisfied
				prior to its removal.
17.4. For
				cause, the base state may suspend a registration or permit issued pursuant to
				the uniform program and may establish the conditions that must be satisfied
				prior to the removal of any such suspension.
17.5. For cause, the base state may revoke a
				registration or permit issued pursuant to the uniform program. If a
				registration or permit is revoked, before again transporting hazardous
				materials, the motor carrier must reapply for a new registration or permit
				pursuant to the forms and procedures of the uniform program.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-24 - Rules And Regulations For Discounted Telecommunicatons Services › Section 150-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules govern the procedure for receiving discounted intrastate
				telecommunications services for eligible schools and libraries as initially
				established by the Federal Communications Commission (FCC) in its May 8, 1997
				"Report and Order," in In the Matter of Federal-State Joint Board on Universal
				Service, CC Docket No. 96-45, FCC 97-157 (Released, May 8, 1997).
1.2. Authority. -- W. Va. Code ''24-1-1,
				24-1-7, 24-2-1, 24-2-2.
1.3. Filing
				Date. -- March 31, 1998.
1.4.
				Effective Date. -- June 1, 1998.
1.5. Definitions. -- In the interpretation
				and application of these rules, the Commission adopts and incorporates, as if
				fully set forth herein, the definitions set forth in 47 C.F.R. ''54.5 and
				54.500, attached as Appendix I to the Federal Communications Commission's
				"Report and Order," in In the Matter of Federal-State Joint Board on Universal
				Service, CC Docket 96-45, FCC 97-157 (Released, May 8, 1997).
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-24 - Rules And Regulations For Discounted Telecommunicatons Services › Section 150-24-2 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
Eligibility of schools and libraries for a discount on
				  intrastate telecommunications services shall be determined in accordance with
				  47 CFR '54.501.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-24 - Rules And Regulations For Discounted Telecommunicatons Services › Section 150-24-3 - Discount Mechanism

Current through Register Vol. XLI, No. 28, July 12, 2024
Discounts on intrastate telecommunications services for
				  eligible schools and libraries shall be set as a percentage discount from the
				  pre-discount price.
3.1. Discount
				Percentages --
The discounts available to eligible schools and libraries for
				  intrastate telecommunications services shall range from twenty percent (20%) to
				  ninety percent (90%) of the pre-discount price for all eligible intrastate
				  services provided by eligible providers, as defined in 47 CFR Part 54, Subpart
				  F. The discounts available to a particular school, library, or consortium of
				  only such entities shall be determined by indicators of poverty to high
				  cost.
3.1.1. For schools and school
				districts, the level of poverty shall be measured by the percentage of their
				student enrollment that is eligible for a free or reduced price lunch under the
				national school lunch program or a federally-approved alternative mechanism.
				Counties or the State, applying for eligible services on behalf of their
				individual schools, may calculate the county-wide percentage of eligible
				students using a weighted average. For example, a county would divide the total
				number of students in the county eligible for the national school lunch program
				by the total number of students in the county to compute the county-wide
				percentage of eligible students. Alternatively, the county could apply on
				behalf of individual schools and use the respective percentage discounts for
				which the individual schools are eligible.
3.1.2. For libraries and library consortia,
				the level of poverty shall be based on the percentage of the student enrollment
				that is eligible for a free or reduced price lunch under the national school
				lunch program or a federally-approved mechanism in the public school district
				or county in which they are located. If the library is not in a school district
				then its level of poverty shall be based on an average of the percentage of
				students eligible for the national school lunch program in each of the school
				districts that children living in the library's location attend. Library
				systems applying for discounted services or facilities on behalf of their
				individual branches shall calculate the system-wide percentage of eligible
				families using, an unweighted average based on the percentage of the student
				enrollment that is eligible for a free or reduced price lunch under the
				national school lunch program in the public school district in which they are
				located for each of their branches or facilities.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-24 - Rules And Regulations For Discounted Telecommunicatons Services › Section 150-24-4 - Matrix

Current through Register Vol. XLI, No. 28, July 12, 2024
The matrix attached as "Table A" shall be used to set a
				  discount rate to be applied to eligible intrastate services and facilities
				  purchased by eligible schools, school districts, libraries, or library
				  consortia based on the institution's level of poverty and location in an
				  "urban" or "rural" area.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-24 - Rules And Regulations For Discounted Telecommunicatons Services › Section 150-24-5 - Consortia

Current through Register Vol. XLI, No. 28, July 12, 2024
Consortia applying for discounted services or facilities on
				  behalf o their members shall calculate the portion of the total bill eligible
				  for a discount using a weighted average based on the share of the pre-discount
				  price for which each eligible school or library agrees to be financially
				  liable. Each eligible school, county, library or library consortia will be
				  credited with the discount to which it is entitled.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-24 - Rules And Regulations For Discounted Telecommunicatons Services › Section 150-24-6 - Application for Funding

Current through Register Vol. XLI, No. 28, July 12, 2024
Application for discounts on intrastate telecommunications
				  services provided to schools and libraries under this section shall be made in
				  accordance with 47 C.F.R. Part 54, Subpart F.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-24 - Rules And Regulations For Discounted Telecommunicatons Services › Section 150-24-7 - Funding of Discounts

Current through Register Vol. XLI, No. 28, July 12, 2024
Funding for discounts on intrastate telecommunications
				  services provided to schools and libraries under this section shall be provided
				  from the federal universal service fund in accordance with 47 CFR Part 54,
				  Subpart F.
TABLE A, 150 CSR
				  24
SCHOOLS & LIBRARIES
DISCOUNT
						  MATRIX
DISCOUNT LEVEL
HOW DISADVANTAGED?
urban discount
rural discount
% of students eligible for national school lunch program
1
20
25
1-19
40
50
20-34
50
60
35-49
60
70
50-74
80
80
75-100
90
90
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-25 - Rules Governing Emergency and Wireless Telephone Service › Section 150-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope --
				These Rules govern the billing, collection, and remission of the Wireless
				Enhanced 911 Fee, the Public Safety Fee and the Wireless Tower Fee, on a
				monthly basis, by certain telecommunications carriers subject to the
				jurisdiction of the Public Service Commission of West Virginia (Commission)
				pursuant to W. Va. Code §
									24-2-1 and the disbursement of
				such fee revenues in accordance with W. Va. Code §
									24-6-6b to the West Virginia State
				Police, Division of Homeland Security and Emergency Management, Wireless Tower
				Access Assistance Fund, and counties in West Virginia. Additionally, these
				Rules establish guidelines to be used by the Commission in evaluating any
				request by a project sponsor for funding assistance for the acquisition,
				equipping and construction of new wireless towers, which would provide enhanced
				911 service coverage, and which would not be available otherwise due to the
				marginal financial viability of the applicable tower coverage area.
1.2. Authority. -- W. Va. Code §§
									24-1-1,
				24-1-7,
				24-2-1,
				24-2-2,
				24-6-6b, and
				24-6-11.
1.3. Filing Date. -- July 12, 2023.
1.4. Effective Date. -- September 11,
				2023.