reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-10 - Mandatory interactive gaming system logging

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Interactive gaming systems shall employ
				a mechanism capable of maintaining a separate copy of all of the information
				required to be logged in this section on a separate and independent logging
				device capable of being administered by an employee with no responsibility for
				gaming systems. If the interactive gaming system can be configured such that
				any logged data is contained in a secure transaction file, a separate logging
				device is not required.
10.2.
				Interactive gaming systems shall provide a mechanism for the Director to query
				and export, in a format required by the Director, all gaming system data.
10.3. Interactive gaming systems
				shall electronically log the date and time anytime an interactive gaming
				account is created or terminated (Account Creation Log).
10.4. An interactive gaming system shall
				maintain all information necessary to recreate patron game play and account
				activity during each patron session, including any identity or location
				verifications, for a period of no less than five (5) years.
10.5. Unless otherwise authorized by the
				Commission, when software is installed on or removed from an interactive gaming
				system, such action shall be recorded in a secure electronic log (Software
				Installation/Removal Log), which shall include:
10.5.1. The date and time of the action;
10.5.2. The identification of the
				software;
10.5.3. The software
				hash signature; and
10.5.4. The
				identity of the person performing the action.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-11 - Required reports; reconciliation; test accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The interactive gaming system shall be
				designed to generate the reports required by this section in a format approved
				by the Commission's Security Division.
11.2. All required reports shall be generated
				by the interactive gaming system, even if the period specified contains no data
				to be presented. The report generated shall indicate all required information
				and contain an indication of "No Activity" or similar message if no data
				appears for the period specified.
11.3. Interactive gaming systems shall
				provide a mechanism to export the data generated for any report to a format
				approved by the Commission.
11.4.
				An interactive gaming system shall generate the following daily reports, at a
				minimum, for each gaming day in order to calculate the taxable revenue or to
				ensure the integrity of operations:
11.4.1. A
				Patron Account Summary Report, which shall include transaction information for
				each patron account as follows:
11.4.1.a.
				Beginning balance;
11.4.1.b. Total
				amount of deposits;
11.4.1.c. Total
				amount of non-cashable bonuses deposited ;
11.4.1.d. Total amount of non-cashable
				bonuses wagered;
11.4.1.e. Total
				amount of non-cashable bonuses expired;
11.4.1.f. Total amount of transfers to games;
11.4.1.g. Total amount of
				transfers from games;
11.4.1.h.
				Total amount of withdrawals;
11.4.1.i. Total amount of funds on game at
				the beginning of the gaming day (the amount of pending wagers at the end of the
				prior gaming day);
11.4.1.j. Total
				amount of funds on game at the end of the gaming day (the amount of pending
				wagers plus funds transferred to a game but not yet wagered);
11.4.1.k. Patron win or loss, calculated as
				the amount of transfers from games and ending funds on game less the amount of
				transfers to games and beginning funds on game;
11.4.1.l. Ending balance; and
11.4.1.m. Total amount of
				adjustments;
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-12 - Progressive jackpots

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An
				interactive gaming system may offer a progressive jackpot that increases in
				value based upon an approved rate of progression and is awarded for a specific
				outcome or event.
12.2. The rules
				governing the award and the value of the progressive award shall be readily
				available to the patrons.
12.3.
				Progressive jackpot software must be approved by the Commission. The submission
				for Commission approval of progressive jackpot software to be used on an
				interactive gaming system shall include the following:
12.3.1. A description of the software
				controlling the interactive progressive jackpot;
12.3.2. A mechanism to authenticate the
				software; and
12.3.3. Rules that
				will be displayed to the patron that applies to the progressive
				jackpot.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-13 - Geolocation requirement.

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				In order to prevent unauthorized use of an interactive gaming system to place a
				wager when a patron is not within the boundaries of the State of West Virginia,
				the interactive gaming operator or its MSP must utilize a geolocation system to
				reasonably detect the physical location of a patron attempting to access the
				interactive gaming system and place a wager and to monitor and block
				unauthorized attempts to access the interactive gaming system in order to place
				a wager when the patron is not within the boundaries of the State of West
				Virginia.
13.2. The geolocation
				system shall ensure that any patron is located within the boundaries of the
				State of West Virginia when placing any wager and shall be equipped to
				dynamically monitor the patron's location and block unauthorized attempts to
				access the interactive gaming system in order to place a wager throughout the
				duration of the patron session.
13.3. The Commission shall approve technical
				specifications for geolocation systems and any specific requirements related to
				geolocation as part of its MICS.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-14 - Remote gaming systems (RGS)

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Each RGS that provides game content to an authorized interactive gaming
				operator or MSP shall:
14.1.1. Maintain
				internal controls for all aspects of gaming operations prior to implementation
				and prior to the time any subsequent change is made. The internal controls
				shall include detailed procedures for system security, operations, and
				accounting;
14.1.2. Maintain
				internal controls approved by the Commission;
14.1.3. At a minimum, employ personnel
				responsible for:
14.1.3.a. The duties of an
				IT Department;
14.1.3.b. The
				operation and integrity of interactive gaming;
14.1.3.c. The review of all reports of
				suspicious behavior; and
14.1.3.d.
				Ensuring compliance with standards and controls
14.1.4. Perform an annual system integrity
				and security assessment conducted by an independent professional selected by
				the operator, subject to the approval of the Commission. The independent
				professional's report on the assessment shall be submitted to the Commission
				annually.
14.1.5. Install and
				utilize primary and backup gaming equipment in a restricted area within the
				boundaries of the State of West Virginia; and
14.1.6. Provide the Director with physical
				and logical access to the RGS to review and collect all data contained therein.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-15 - Physical and environment controls for equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. An interactive gaming system and its
				associated communications systems must be located in facilities that provide
				physical protection against damage from fire, flood, hurricane, earthquake, and
				other forms of natural or manmade disaster by utilizing and implementing, at a
				minimum, the following measures:
15.1.1.
				Security perimeters (barriers such as walls, card controlled entry gates or
				manned reception desks) must be used to protect areas that contain interactive
				gaming systems components.
15.1.2.
				Protection of secure areas by appropriate entry controls to ensure that access
				is restricted to authorized personnel only;
15.1.3. Record of all access in a secure log
				that is available for inspection by Director;
15.1.4. An intrusion detection system in
				secure areas. Attempts at unauthorized access must be logged;
15.1.5. Locate interactive gaming servers in
				server rooms that prohibit unauthorized access;
15.1.6. House interactive gaming servers in
				racks located within a secure area;
15.1.7. Interactive gaming system components
				shall include all of the following minimum utility support:
15.1.7.a. Adequate power;
15.1.7.b. Uninterruptible power to support
				operations in the event of a power failure;
15.1.7.c. Adequate cooling for the equipment
				housed in the server room;
15.1.7.d. Protection from interception of
				communications or damage for power and telecommunications cabling carrying data
				or supporting information services; and
15.1.7.e. Adequate fire protection for the
				interactive gaming system components housed in the server room.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-16 - Access to equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				interactive gaming operator or MSP shall limit and control access to the
				primary servers and any secondary servers by ensuring all of the following
				controls are implemented:
16.1.1. Maintain
				access codes and other computer security controls;
16.1.2. Maintain logs of user access,
				security incidents, and unusual events;
16.1.3. Coordinate and develop an education
				and training program on information security and privacy matters for employees
				and other authorized users;
16.1.4. Ensure compliance with all state and
				federal information security policies and rules;
16.1.5. Prepare and maintain security-related
				reports and data;
16.1.6. Develop
				and implement an incident reporting and response system to address security
				breaches and policy violations; and
16.1.7. Develop and implement an ongoing risk
				assessment program that targets information security and privacy matters by
				identifying methods for vulnerability detection and remediation.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-17 - Security Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Networks should be logically separated so that there should be no network
				traffic on a network link that cannot be serviced by hosts on that link.
17.2. Networks must meet all of
				the following requirements to assure security:
17.2.1. The failure of any single item should
				not result in denial of service;
17.2.2. An intrusion detection
				system/intrusion system must be installed on the network and monitored.
17.2.3. Each server instance in
				cloud and virtualized environments should perform only one function.
17.2.4. In virtualized environments,
				redundant server instances cannot run under the same hypervisor.
17.2.5. Stateless protocols should not be
				used for sensitive data without stateful transport.
17.2.6. All changes to the network
				infrastructure must be logged and configuration documentation updated.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-19 - Reciprocal agreements; prohibition of interactive gaming in establishments that do not hold an interactive gaming license

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The Commission may authorize an
				operator in West Virginia to participate in interactive gaming with patrons
				located in jurisdictions outside of West Virginia pursuant to a reciprocal
				agreement that has been entered into by the State of West Virginia, if the
				Commission determines that such wagering is not inconsistent with the laws of
				this state, federal law or the law of the jurisdiction in which any such
				patrons are located or such wagering is conducted.
19.2. No organization or commercial
				enterprise, other than an interactive gaming operator located in West Virginia
				or its MSP that has located all of its equipment used to conduct interactive
				gaming, including computers, servers, monitoring rooms, and hubs, within the
				boundaries of the State of West Virginia, shall make its premises available for
				placing wagers using an interactive gaming system or advertise that its
				premises may be used for such purpose.
19.3. An organization or commercial
				enterprise that is determined by the Commission to have violated the provisions
				of this section shall be subject to a civil penalty of $1,000 per patron per
				day for making its premises available for placing wagers using an interactive
				wagering system and of $10,000 per violation for advertising that its premises
				may be used for such purpose, and may also be subject to the criminal penalties
				set forth in W. Va. Code § 29-22E-20.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-20 - Limitations on licensed i-Gaming operators

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Each interactive gaming operator, at
				its discretion, may provide no more than three individually branded online
				i-Gaming websites and accompanying mobile applications.
20.2. Any individually branded i-Gaming
				website or mobile application provided by an MSP must conspicuously bear the
				name of the i-Gaming operator with whom it is affiliated on its webpage and
				mobile splash screen.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-21 - Racetrack Modernization Fund and Historic Resort Hotel Modernization Fund Reimbursement

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1.
				The interactive gaming system operator shall submit requests for reimbursement
				from its Racetrack Modernization Fund or Historic Resort Hotel Modernization
				Fund allowance, whichever is applicable, to the Director for any new and unused
				purchases of interactive gaming or other equipment necessary to modernize the
				facility to accept interactive gaming wagers. The Commission may further define
				covered acquisitions by issuing Commission Policy Statements.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-22 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. The Director
				shall approve all advertising of interactive gaming systems in advance of an
				operator or its MSP's, or their agents or affiliates, publishing or otherwise
				releasing such advertisements. The Commission may define further requirements
				in its MICS.
22.2. The Commission
				may set a certain amount or percentage of revenue that may be used for
				promotional credit, but any excess promotional credit offered must be accounted
				for as taxable revenue. This amount may be set at a frequency determined by
				Commission Order.
West Virginia Code of State Rules › Agency 179 - Lottery Commission › Title 179 - LEGISLATIVE RULE WEST VIRGINIA LOTTERY › Series 179-10 - West Virginia Lottery Interactive Wagering Rule › Section 179-10-23 - Licensing and Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				An individual or entity, employed with or contracted by an interactive gaming
				operator or a management services provider, to perform certain activities for
				the operation of an i-Gaming system having assigned duties as an interactive
				gaming manager or a customer service representative with access to confidential
				player account information shall be licensed as an occupational licensee.
23.2 In addition, certain
				affiliate companies that are not involved in the offering or placement of the
				wager shall be deemed to be a registrant rather than a licensee.
West Virginia Code of State Rules › Agency 181 - Blennerhassett Park Commission › Series 181-01 - Rules Related To Blennerhassett Historical Park › Section 181-01-1 - General Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
1-01- Use of
					Facilities - The Blennerhassett Historical ParK Commission may reserve certain
					facilities or grounds at Blennerhassett Island, or certain days and times, for
					groups or individuals, and may collect fees for this purpose,
1-02- Special Events or Celebrations - Special
					events, activities, or celebrations may be planned and performed on
					Blennerhassett Island with the approval of the Executive Director of th.e
					Blennerhassett Historical Park Commission.
1.03 - Docking or Landing of Watercraft -
					Various watercraft, boats, or vessels may dock or land on the shoreline of
					Blennerhassett Island in areas not marked as restricted. The Executive Director
					or his designated BHPC representative may require boats, vessels or vehicles to
					be moved or removed when docked or parked in restricted, unsafe, or "otherwise
					undesirable -locations.
1.04 -
					Responsibility - The Blennerhassett Historical Park Commission assumes no
					responsibility for lost, stolen or damaged goods, boats, or other property
					brought to Blennerhassett Island.
1.05 - Safety - Individuals and groups are
					required to confine their activities within normal and reasonable limits of
					safety.
1.06 - Evacuation - In
					certain emergency situations, the Blennerhassett Historical Park Commission with
					its employees or equipment may move or evacuate individuals from Blennerhassett
					Island, but assumes no risk in providing this service.
West Virginia Code of State Rules › Agency 181 - Blennerhassett Park Commission › Series 181-01 - Rules Related To Blennerhassett Historical Park › Section 181-01-2 - General Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01 - General
					Prohibitions - The following are prohibited activities at Blennerhassett Island:
a. Digging or other subsurface disturbances or
					excavations;
b. Collecting rocks,
					minerals, antiquities, artifacts, fossils, or other geological or cultural
					objects;
c. Collecting or removing
					plant or animal specimens;
d.
					Cutting or defacing trees, flowers, or other plant specimens;
e. Defacing buildings, signs, or other
					objects;
f. Removal or unauthorized
					use of BHPC property or equipment;
g. Depositing litter, trash, food waste, or
					other refuse in other than provided containers;
h. Affixing docks or other permanent or
					semi-permanent facilities to the Island without written authority;
i. Trespassing in areas duly posted as
					restricted or entering grounds or facilities that are locked, closed, or.
					designated as limiting access by days or times;
j. Carrying or discharging of firearms,
					weapons, fireworks or explosives, or other dangerous substances;
k. Hunting, trapping or other animal capture;
l. Blocking designated public
					landing or docking areas;
m.
					Interfering with tours, lectures, or other park activities;
n. Selling of foods or commodities without
					specific written authority of the director of the BHPC;
o. Hawking, peddling, soliciting, begging,
					advertising, or carrying: on of any business or commercial enterprise without
					written permission of the director of the Blennerhassett Historical Park
					Commission;
p. Fighting, drunken, or
					disorderly behavior;
q. Creating
					loud or excessive noises, demonstrations, or disturbances;
r. Operating motor-driven vehicles (trail
					bikes, motor bikes, snowmobiles, etc,).
West Virginia Code of State Rules › Agency 181 - Blennerhassett Park Commission › Series 181-01 - Rules Related To Blennerhassett Historical Park › Section 181-01-3 - SPECIAL REGULATIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
3.01 - Fires -
					Fires may be lighted only in fireplaces or grates as provided or in areas
					designated by the director or his designated representative. Fires must be
					completely extinguished before leaving park grounds.
3.02 - Pets - Dogs and other domestic pets may
					be brought to Blennerhassett Island: Provided, that they shall be kept on a leash
					not to exceed ten feet in length; and provided further that pets are prohibited
					inside park buildings.
3.03 -
					Abandoned Property - the Blennerhassett Historical Park Commission assumes no
					responsibility for watercraft or other personal property and if such property is
					abandoned or left unattended for a period in excess of forty-eight (48) hours,
					the BSPC may remove such property from the area and dispose of it according to
					law.
3.04. - Camping - Tent camping
					may be permitted in designated areas only and only by written
					permission.
3.05 - Swimming and
					skiing - Swimming or water skiing at or from Blennerhassett Island is permitted
					only in designated areas, but the BHPC assumes no responsibility or risk to
					individuals engaging in such activities,
3.06 - Closing or Evacuation - If, in the -
					judgment of the director, a condition exists which requires that Blennerhassett
					Island be closed or that all persons should be evacuated from the Island, all
					personnel and persons will cooperate and abide by the director's order.
West Virginia Code of State Rules › Agency 181 - Blennerhassett Park Commission › Series 181-01 - Rules Related To Blennerhassett Historical Park › Section 181-01-4 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.01 - Only Commercial passenger boats
					operating under a written agreement with the Blennerhassett Historical Park
					Commission will be permitted to make regular scheduled excursion trips to
					Blennerhassett Island.
4.02 -
					Commercial carriers involved in the carriage of persons to Blennerhassett Island
					must have all boats (barge, tow boat, etc.) certified and inspected by the U.S.
					Coast Guard.
4.03 " The
					.Blennerhassett Historical Park Commission may limit the number of carriers
					conducting regularly scheduled trips to the Blennerhassett Island.
4.04 - Any carriers desiring to bring a
					chartered party to Blennerhassett Historical Park (Blennerhassett Island) shall
					give not less than twenty-four (24) hours advance notice to the Executive
					Director or his designated representative
4.05 - Unless otherwise permitted by the
					Executive Director, or his designee, any charter conducted during the time
					regular scheduled service by the Blennerhassett Historical Park Commission is
					operating shall not land on the north side of Blennerhassett Island in the
					restricted area reserved for the regular service.
4.06 - The Executive Director or his designee
					shall have authority and power to assign a reasonable landing area for all
					commercial carriers operating charter service to Blennerhassett Island.
4.07 - Any commercial boat intending to land
					at; Blennerhassett Island and discharge passengers shall furnish upon request
					proof of liability insurance in the minimum amount of one million dollars
					($1,000,000.00).
4.08 - The Executive
					director may, at his discretion, revoke the privilege of any commercial passenger
					carrier to land at Blennerhassett Island if there exists a safety hazard or
					potential for public harm, harm to Blennerhassett Historical Park, or other
					conditions that adversely affect public use, development or maintenance or
					operation of Blennerhassett Historical Park on Blennerhassett Island.
4.09 - The Executive Director shall have power
					to cause ail boats of every description to move to or lay in such manner and
					position at any of the public landings of Blennerhassett Island, as in his
					discretion he believes best " calculated for the convenience of all boats laying
					at or near such landing. He may, at his discretion, order off and cause, rafts
					and other watercraft, to make room for the convenient landing of any boat, barge,
					or other watercraft.
West Virginia Code of State Rules › Agency 181 - Blennerhassett Park Commission › Series 181-01 - Rules Related To Blennerhassett Historical Park › Section 181-01-5 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.01 - Breach of Rules and Regulations - Any
					person may be evicted from Blennerhassett Island for any breach of the rules and
					regulations herein set forth or for the breach of any other rule or regulation
					which may be in effect. All rentals, fees or charges paid shall be forfeited in
					the event of" eviction.
5.02 -
					Responsibility - It is the responsibility and duty of Blennerhassett Historical
					Park Commission employees and caretaJcers to enforce these rules and regulations
					and to advise the director of the BHPC of any violations and actions taken.
Click Here To View
						Image
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-1 - Scope and Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope and Purpose
. The purpose of these regulations is to provide for the regulation of commercial Whitewater rafting, outfitting, and related activities to assure safe operations and protect the environment.
1.2.
Authority
. These regulations are promulgated under the authority of Chapter 20, Article 2, Section 23a of the West Virginia Code.
1.3.
Effective Date
. - October 8, 1987.
1.4.
Filling Date
. - July 10, 1987.
1.5.
Promulgation
. These regulations supercede West Virginia Administrative Regulations, Department of Natural Resources, Series XI, Sections 6 through 9, that were filed on December 30, 1982 and effective on January 1, 1983.
1.6.
Termination of the Advisory Board
. The director shall have the authority to modify these regulations in accordance with the provisions of Chapter 29A of the West Virginia Code, and under the authority of Sections 20-1-7, 20-2-23, and 20-2-23 a of the Code, upon the termination of the Commercial Whitewater Advisory Board.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commercial Whitewater outfitter" means any person, partnership, corporation, or other organization, or any combination thereof, duly authorized and operating from within or from without the State, which for monetary profit or gain, provides Whitewater expeditions or rents Whitewater craft or equipment for use in Whitewater expeditions on any river, portions of rivers, or waters of the State.
2.2. All other terms shall have the meaning prescribed in West Virginia Code §
								20-1-2.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-3 - Designated Whitewater Recreation Zones

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following rivers, portions of rivers, or waters of the State are designated as whitewater recreation zones:
3.1.1. Cheat River from its headwaters to Lake Lynn (Cheat Lake).
3.1.2. Gauley River from the Summersville Dam to its confluence with the New River.
3.1.3. New River from its confluence with the Greenbrier River to its confluence with the Gauley River.
3.1.4. Shenandoah River from the Virginia-West Virginia boundary line to its confluence with the Potomac River.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-4 - Commercial Whitewater Outfitters License

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A commercial Whitewater outfitter must obtain a license from the director prior to the commencement of operations on any waters of the State.
4.2. A commercial Whitewater outfitter issued a license by the director must comply with the terms and conditions of that license.
4.3. The director may issue new licenses valid for one or more designated Whitewater recreation zones upon a finding by him, and with the recommendation of the Commercial Whitewater Advisory Board, that the licensees currently operating in the same Whitewater zone or zones have not fully utilized the daily use limits set as prescribed under Section 7 of these regulations. Public notice of the director's intent to issue new licenses for a designated Whitewater recreation zone shall be made immediately upon such a finding.
4.4. Before any outfitting services are offered or rendered, each commercial Whitewater outfitter must execute a surety bond in the penal sum of one thousand dollars payable to the State of West Virginia and must hold valid public liability insurance for which the minimum acceptable coverage shall be $300,000 per occurrence for bodily injury and $25,000 per occurrence and $25,000 aggregate for property damage. The licensee shall provide the director with a copy of the required insurance policy or appropriate certification by the insurer that the required insurance coverage is in effect. The director shall have the authority to lower the current limits in the event insurance in these amounts cannot be obtained.
4.5. A commercial Whitewater outfitter seeking a license shall provide the director with the information specified on the Department's application and any additional information that the director deems necessary for consideration of the application. Any change in the submitted information must be reported by the licensee to the director within thirty days of such change.
4.6. Licensees shall keep a current record or file containing the name, address, age, and residency of all persons who have utilized their services. This record shall be kept for a period of two years and shall be made available to the director upon request.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-5 - Transfer of License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No sale of controlling stock or assets of a licensee may include the sale or transfer of a license without written approval from the director, which may not be unduly withheld.
5.2. No sale or transfer of use allocation or other privileges conferred by a license may occur without the express written approval of the director, which may not be unduly withheld.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-6 - Use allocations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The director shall establish, modify, or limit use allocations for all licensees operating within a designated Whitewater recreation zone in conformance with Section 7 of these regulations.
6.2. A licensee may sell all of his use allocation for a designated Whitewater recreation zone upon the review and approval of the director. A licensee may sell or transfer a portion of his use allocation for a designated Whitewater recreation zone to another licensee holding an allocation on those waters upon the review and approval of the director.
6.3. The director may require any person using a designated Whitewater recreation zone for Whitewater rafting to submit reports or other information relevant to the determination of use allocations.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-7 - Daily Use Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Total daily use limits for each designated Whitewater recreation zone shall be set by the director under the criteria set forth in West Virginia Code § 20-2-23 a unless studies determine that a different daily use limit is appropriate based upon the following criteria:
7.1.1. The assurance of safety in commercial Whitewater operations.
7.1.2. The best interests of persons seeking to enjoy Whitewater rafting and the interests of the State in the promotion of tourism.
7.1.3. The sound recreational and ecological use of the State's natural resources,
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-8 - Commercial Whitewater Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Towing rafts through flat water pools is permitted.
8.2. Motorized watercraft are permitted on the New River between Thurmond and Fayette Station when river flow equals or exceeds 16,500 cubic feet per second at Thurmond.
8.3. The director may issue special use permits to licensees for the use of motorized watercraft to provide Whitewater trips to senior citizens, disabled persons, and other individuals who might not otherwise be able to participate in Whitewater recreation. Special use permits may also be issued to licensees to conduct Whitewater trips for the purpose of making documentary recordings or to provide emergency transport services.
8.4. Motorized watercraft shall not pass non-motorized trips unless signaled to do so by the trip leader of the non-motorized trips The non-motorized trip shall make all reasonable efforts to facilitate passing of the motorized watercraft.
8.5. While on Whitewater each passenger, trip guide, and trip leader shall wear a securely fastened vest-type personal flotation device as prescribed in Section 9.2 of these regulations. Each personal flotation device shall be maintained in a good and serviceable condition.
8.6. Each commercial Whitewater trip shall have a minimum of one trip guide for every ten customers. For more than four passengers over an even multiple of ten, the higher multiple of ten will be used to determine the minimum number of trip guides. In no case will there be less than one trip guides on a commercial Whitewater trip. The trip leader may count as a trip guide for the purpose of meeting this requirement.
8.7. Special regulations for specific rivers, or portions thereof, are as follows:
8.7.1. Cheat River. Between Albright and Cheat Lake, there shall be a minimum of one trip guide in each watercraft when river flow equals or exceeds 2,200 cubic feet per second (equivalent to a level of 2.5 feet on the Albright gauge).
8.7.2. New River. Between Cunard and Fayette Station, there shall be a minimum of one trip guide in each watercraft. No duckie expeditions shall be allowed between Cunard and Fayette Station.
8.7.3. Gauley River. Between Summersville Dam and Sweet's Falls, there shall be a minimum of one trip guide in each watercraft.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-9 - Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A commercial Whitewater outfitter has a duty under West Virginia Code § 20-2-24 to operate safe watercraft.
9.2. Type V vest-type personal flotation devices approved by the United States Coast Guard for commercial Whitewater use shall be provided to each passenger to be transported in watercraft by the outfitter. Trip leaders and trip guides shall wear either Type III or Type V vests approved by the United States Coast Guard for commercial Whitewater use.
9.3. The minimum watercraft size that may be used on any river is an eight-foot, two-compartmentized watercraft unless otherwise specified in Section 9.4 of these regulations, The size of an inflatable watercraft shall be measured from the outside tube surface in the bow to the outside tube surface in the stern when fully inflated, plus or minus six inches.
9.4. Special regulations for specific rivers, or portions thereof, are as follows;
9.4.1. Gauley River. Between Summersville Dam and Sweet's Falls, the minimum watercraft size shall be a twelve-foot, four-compartmentized watercraft.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-10 - Accident Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
Injury Report.
If an accident which requires medical treatment occurs during the performance of a licensee's services, the licensee must file a report with the director within five days after the accident. This injury report shall include the name, address, and age of the injured person; the nature of the injury; and the time, place, and circumstances of the accident.
10.2.
Property Damage Report.
If an accident occurs during the performance of licensee services which results in non-vehicular property, damage in excess of five hundred dollars, the license must file a report with the director within five days after the accident. This property damage report shall include the name of the owner of the property; an estimate of the amount of the loss; the time and location of the event causing the damage; and a description of the accident.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-11 - Trip Leaders and Trip Guides

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. It shall be the responsibility of the licensee to instruct all trip leaders and trip guides in all applicable safety and emergency procedures.
11.2.
Trip Leaders
. Each commercial Whitewater trip must include a trip leader. A trip leader must meet all trip guide qualifications specified in Section 11.3 of these regulations. In addition, a trip leader:
11.2.1. Must be at least 20 years old, unless approved in writing by the director.
11.2.2. Must have made a minimum of twenty trips on a river or rivers of comparable or higher American Whitewater Affiliation class rating to the river portion to be guided, of which six trips were on the river portion to be guided.
11.2.3. Must have a thorough knowledge of the area traversed.
11.2.4. Must be knowledgeable and capable of giving a suitable orientation talk to passengers on such subjects as personal flotation devices and safety.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-01 - Commercial Whitewater Outfitters › Section 182-01-12 - Enforcement and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
Penalty for License Violation
. A commercial Whitewater outfitter who violates the terms and conditions of his license shall be subject to the penalties prescribed in West Virginia Code § 20-7-9.
12.2.
Penalty for Failure to Obtain a License
. A commercial Whitewater outfitter who does not obtain a license shall be subject to the penalties prescribed in West Virginia Code § 20-2-25.
12.3.
Modification, Suspension, or Revocation of License.
If the director determines that a pattern of violations of any requirement of these regulations or any term or condition of a license exists or has existed as a result of the licensee's lack of reasonable care or diligence, or that such violations are willfully caused by the licensee, the director shall immediately issue an order directing the licensee to show cause why the license should not be modified, suspended, or revoked and giving the licensee thirty days in which to request a hearing subject to the provisions of West Virginia Code §29A-5. Within sixty days following such hearing, the director shall issue and furnish to the licensee a written decision, and the reasons therefore, concerning the modification, suspension, or revocation of the license. Upon a licensee's failure to show cause why the license should not be modified, suspended, or revoked, the director may modify, suspend, or revoke the license, forfeit the licensee's bond posted under West Virginia Code § 20-2-26, and give notice to the Attorney General of the State to seek collection of the forfeiture without delay.
12.4. License modification, suspension, and revocation procedures shall be governed by the provisions of West Virginia Code §29A-5 unless "otherwise specified in these regulations.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-02 - Regulations For Open Governmental Proceedings › Section 182-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - Procedural regulations relating to open governmental proceedings.
1.2. Authority. - W. Va. Code §
								6-9A-3.
1.3. Filing Date. - July 30, 1987.
1.4. Effective Date. - August 31, 1987.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-02 - Regulations For Open Governmental Proceedings › Section 182-2-2 - Notice of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Board shall file a public notice of any regularly scheduled or special meeting with the Secretary of State for publication in the State Register. This public notice shall state the time, place, and purpose of the Board meeting and shall be filed in such a manner as to allow the notice to appear in the State Register at least five (5) days prior to the date of the meeting.
West Virginia Code of State Rules › Agency 182 - Commercial Whitewater Advisory Board › Series 182-02 - Regulations For Open Governmental Proceedings › Section 182-2-3 - Public Attendance

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
Limiting Attendance.
The presiding officer of any regularly-scheduled or special meeting shall, for safety reasons, have the authority to limit the number of public attendants at such meeting.
3.2.
Public Notice.
If there is a reason to believe that there may be more public attendants at a regularly scheduled or special meeting than there is room available, the Board shall include "a statement in its public notice advising members of the public who wish to attend the meeting that attendance will be limited to the number specified in the notice.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
It IS the policy of the Structural Barriers Compliance Board
				to allow a method for anyone to appeal a decision made by the State Fire
				Marshal in relation to rules and regulations under Title 183 Series 1 entitled,
				"Elimination of Structural Barriers in Public Use Buildings and
				Facilities.
1.2.
			 Authority.
These procedure rules are issued under the authority of the
				West Virginia Code Chapter 18, Article lOF.
1.3. Effective date.
______________
1.4. Filing date.
______________
1.5. Certification.
These rules are certified authentic by the State Structural
				Barriers Compliance Board.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-2 - Order of Decision of the State Fire Marshal, and Appeals and Procedure for Appeals from Such Orders or Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person aggrieved by an order or written decision of an
				approved designee of the State Fire Marshal shall first proceed to the office
				of the State Fire Marshal for review of the decision. The person shall submit
				his appeal to the office of the State Fire Marshal in writing within thirty
				(30) days. Any person aggrieved by an order or final written decision of the
				State Fire Marshal based upon or made In the course of the administration or
				enforcement of the provisions of Chapter 18, Article lOF of the Code of West
				Virginia or based upon or made pursuant to these rules and regulations/ and
				desiring to contest such order or decision, may file an appeal from such order
				or written decision with the Structural Barriers Compliance Board. Preserving
				the right to have such an appeal and the manner of proceeding with resulting
				contested case shall be governed by the following rules and regulations and by
				the "corresponding state statutes.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-3 - State Fire Marshal's Order and Decisions are Final and Conclusive

Current through Register Vol. XLI, No. 28, July 12, 2024
Any order or final written decision of the State Fire Marshal
				based upon or made in the course of the administration or enforcement of the
				provisions of Chapter IS, Article lOF of the Code of the State of West
				Virginia, or based upon or made pursuant to these rules and regulations, shall
				be final and conclusive, unless vacated or modified upon review pursuant to the
				appeal rights and procedures provided by said statute and these rules and
				regulations.
West Virginia Code of State Rules › Agency 183 - Structural Barriers Compliance Board › Series 183-02 - Appeal Procedures › Section 183-2-4 - Appeal Petition

Current through Register Vol. XLI, No. 28, July 12, 2024
The appeal petition is to be typewritten, styled "Appeal
				Petition," and submitted with an original and one (1) copy. It shall be
				complete In itself so as to fully state the matters contested. No telegram,
				telephone call, or similar communication will be regarded as an appeal
				petition. The petition must contain and include the following: "(1) a copy of
				the order or decision of the State Fire Marshal being contested; (2) a clear
				and concise assignment of each error which the petitioner alleges to have been
				committed by the State Fire Marshal in issuing said order or decision with each
				assignment of error being shown in separately numbered paragraphs; (3) a clear
				and concise statement of fact upon which the petitioner relies as sustaining
				his assignment of errors; (4) the address petitioner desires to have all
				notices, documents, and the final order mailed to; (5) the telephone number or
				numbers where petitioner can be contacted; (6) the names and addresses of all
				persons having any ownership Interest in the property which is the subject of
				the State Fire Marshal's order being contested; (7) a prayer setting forth the
				relief sought; and (3) the signature of the petitioner or its duly authorized
				officer.