reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-4 - Registry Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				applicant for listing on the registry of in-home care workers shall be 18 years
				old or older and shall submit an application to the Commissioner containing the
				following:
4.1.a. Last name, first name, and
				middle initial;
4.1.b. Permanent
				address;
4.1.c. Previous address,
				if not a West Virginia resident for 12 months or longer from the date the
				application is submitted to the Commissioner;
4.1.d. Contact information
4.1.e. Birth date;
4.1.f. Valid Driver's License, if
				available;
4.1.g. Proof of
				completed background check;
4.1.h.
				Proof of Adult Services Abuse Registry check;
4.1.i. Proof of completed CPR and first aid
				certification;
4.1.j. Proof of
				education level and certification attained;
4.1.k. West Virginia Business Registration
				Number, if applicable;
4.1.l.
				Geographical areas where services could be provided;
4.1.m. Registrant's availability;
4.1.n. Education/certification;
4.1.o. Proposed fee for hourly
				services;
4.1.p. Types of services
				and specialized fields of service, i.e., Dementia, Autism,
				Alzheimer's;
4.1.q. Employment
				preferences such as smoking/non-smoking, male or female, weekdays, evenings,
				etc.;
4.1.r. Other requirements as
				may be specified on the application;
4.1.s. Applicable registration fee;
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-5 - Registry

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commissioner shall maintain a
				registry on its website which shall provide the public with the following
				registrant information:
5.1.a. The last name,
				first name, and middle initial;
5.1.b. Contact information for employment
				purposes;
5.1.c. Gender;
5.1.d. Age range;
5.1.e. Indication of completed criminal
				background check;
5.1.f. Date the
				criminal background check was completed;
5.1.g. Indication of Abuse Registry Check
				completion;
5.1.h. West Virginia
				Business Registration Number, if applicable;
5.1.i. Geographical areas where service could
				be provided;
5.1.j. Registrant's
				availability;
5.1.k.
				Education/certification;
5.1.l.
				Indication of a valid driver's license;
5.1.m. Proposed hourly fee or wage for
				services;
5.1.n. Types of services
				and specialized fields of service, i.e., Dementia, Autism,
				Alzheimer's;
5.1.o. Employment
				preferences such as smoking/non-smoking, male or female, weekdays, evenings,
				etc.;
5.1.p. Other information the
				Commissioner finds necessary.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-6 - Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A registrant shall renew his or her
				registration annually upon his or her registration acceptance date, and ensure
				the information on the registry is complete and accurate.
6.2. To renew his or her registration a
				registrant shall provide proof of completion of OSHA training; HIPAA, Abuse,
				Neglect and Exploitation and dementia care training.
6.3. A registrant shall be able to update
				certain designated information through a secure internet application available
				only to the registrant.
6.4. The
				Commissioner shall remove a registrant from the registry if a registrant does
				not renew his or her registration.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The applicant shall pay an initial
				registration fee of $10.00.
7.2.
				The registrant shall pay a fee of $5.00 to renew the registration.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-8 - Changing, Withdrawing, or Removal From Registry

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A registrant shall update any changes in
				his or her registration status and any changes in his or her information
				contained in the registrant's application within 10 days of the change via a
				secure internet application.
8.2.
				To withdraw from the registry, the registrant shall submit a letter or an email
				via a secure internet application to the Commissioner requesting his or her
				name and information be removed from the registry. The Commissioner shall
				remove the registrant within 15 days of notification.
8.3 Upon proof that a registrant's
				registration status or information contained in the registrant's application
				has changed and the registrant has not updated the changes via the secure
				internet application within 10 days of the changes, the Commissioner may
				immediately remove the registrant from the registry.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-9 - Criminal Background Check

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An
				applicant shall undergo criminal back ground check by the West Virginia State
				police. The applicant is solely responsible for undergoing and obtaining the
				results of the criminal background check.
9.1.a. An applicant shall provide the
				required information to the West Virginia State police to obtain the criminal
				background check.
9.1.b. An
				applicant shall affirm on his or her registry application that he or she has
				undergone and has received the results.
9.1.c. An applicant who lived outside of this
				state in the last 5 years shall undergo a state background check from each
				state in which he or she resided.
9.1.d. The applicant shall provide the
				required information to the appropriate agency to obtain the criminal
				background check.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-10 - Obtaining Information from the Registry

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The WV Registry of In-Home Care Workers
				can be accessed via the Internet by going to the WV Bureau of Senior Services
				Website or by phone call to the WV Bureau of Senior Services who will assist in
				accessing Registry information.
10.1.a.
				Information on the Registry can be obtained by searching geographical
				locations, service needs, or by searching the care workers names or agency
				name.
10.1.b. Individual care
				workers employed by an in-home care provider agency will be displayed as an
				employee of the agency and the agency contact information will be
				displayed.
10.1.c. Independent
				in-home care workers information will be listed with direct contact
				information.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-03 - WV State Plan For Aging Programs › Section 76-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The State Plan for Aging
				Programs includes all assurances and plans to be conducted by the Bureau of
				Senior Services under the provisions of the Older Americans Act of 1965, as
				amended. The Bureau of Senior Services is primarily responsible for the
				coordination of all the major responsibilities of developing and administering
				a comprehensive and coordinated system of services and activities for providing
				a positive impact on the lives of elderly people with the service area.
1.2 Authority. -- W.Va. Code
				§
									16-5P-1 et. seq.
1.3 Filing
				Date. - May 15, 2020.
1.4.
				Effective Date. - July 01, 2020.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-03 - WV State Plan For Aging Programs › Section 76-3-2 - Incorporation By Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia State Plan for Aging Programs is hereby
				  incorporated by reference as an interpretive rule. This document is available
				  from the Secretary of State's Office or the West Virginia Bureau of Senior
				  Services.
Click Here To
				  View Image
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-03 - WV State Plan For Aging Programs › APPENDICES › Appendix A - West Virginia Area Agencies on Aging

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia's four Area Agencies on Aging (AAAs) are part
					 of a nationwide network of organizations created by the Older Americans Act for
					 the purpose of developing a comprehensive and coordinated plan that assures
					 seniors have access to needed services and programs. The AAAs contract with
					 county aging providers (senior centers) for the provision of meals,
					 transportation, and other services. They also monitor the providers for
					 programmatic and fiscal compliance.
Click
					 Here To View Image
Region I Northwestern AAA- Lynn Williams Dipasquale,
					 Executive Director
Counties Served: Brooke, Calhoun, Doddridge, Gilmer,
					 Hancock, Harrison, Marion, Marshall, Monongalia, Ohio, Pleasants, Ritchie,
					 Tyler, Wetzel, Wirt, Wood
Region II Metro AAA - Brenda Landers, Executive
					 Director
Counties Served: Boone, Cabell, Jackson, Kanawha, Lincoln,
					 Logan, Mason, Mingo, Putnam, Roane, Wayne
Region III Upper Potomac AAA - Scott Gossard,
					 Executive Director
Counties Served: Barbour, Berkeley, Grant, Hampshire,
					 Hardy, Jefferson, Lewis, Mineral, Morgan, Pendleton, Preston, Randolph, Taylor,
					 Tucker, Upshur
Region IV Appalachian AAA - Ramona McNeely-Stanley,
					 Executive Director
Counties Served: Braxton, Clay, Fayette, Greenbrier,
					 McDowell, Mercer, Monroe, Nicholas, Pocahontas, Raleigh, Summers, Webster,
					 Wyoming
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-03 - WV State Plan For Aging Programs › APPENDICES › Appendix D - Public Comments

Current through Register Vol. XLI, No. 28, July 12, 2024
1.
Public Notification:
The West Virginia Bureau of Senior Services sent the
					 attached email to the following West Virginia organizations/ agencies to
					 request comments on the draft West Virginia SCSEP Four Year State Plan- PY
					 2020-2023.
* The Bureau's four Area on Aging (AAA),
* ADRN
* Sub -Grantee Preston County
* West Virginia's Workforce Development Board
* West Virginia's Interagency Collaborative Team
* National Grantee -National Council on Aging (NCOA)
* West Virginia Bureau of Senior Services Providers
* Older American's Act Program
* Medicaid Program
* Lighthouse
* Alzheimer's
* SHIP/SMP
* State Long-Term Care Ombudsman
* West Virginia's 55 county providers
* AARP State Director
* West Virginia Bureau of Senior Services' Website
Email requesting public comment:
The West Virginia Bureau of Senior Services (The Bureau)
					 completed the draft of the West Virginia Senior
Community Service Employment Program (SCSEP) State Plan -
					 PY 2020-2023. SCSEP is the only federally funded training program for
					 low-income older workers who are 55 years of age or older.
The Bureau invites you to comment and provide suggestions
					 for the West Virginia SCSEP State Plan - PY 2020-2023.
The closing date for public comment is
April 8,
					 2020
. However, comments received after the closing date will be
					 considered if the plan is revised in the future.
The Bureau encourages you to share this plan with your
					 stakeholders, board members, and workforce partners. The Bureau welcomes
					 suggestions from our local workforce partners.
The plan is located on the Bureaus' website
					 (http://www.wvseniorservices.gov/). To review the plan, please use the
					 following link:
https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=53023&Format=PDF
Instructions for submitting comments:
Click
					 Here To View Image
Thank you for your consideration,
Myisha Robinson
Myisha R. Robinson
Director, Title V
Senior Community Service Employment Program
					 (SCSEP)
WV Bureau of Senior Services
1900 Kanawha Blvd, East
Charleston, WV 25305
2. Summary of Comments
Click
					 Here To View Image
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-03 - WV State Plan For Aging Programs › APPENDICES › Appendix F - Top 15 Occupations in Demand

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-04 - WV Long-Term Care Ombudsman Program › Section 76-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The State Plan for Aging
				Programs includes all assurances and plans to be conducted by the Bureau of
				Senior Services under the provisions of the Older Americans Act of 1965, as
				amended. The Bureau of Senior Services is primarily responsible for the
				coordination of all the major responsibilities of developing and administering
				a comprehensive and coordinated system of services and activities for providing
				a positive impact on the lives of elderly people within the service
				area.
1.2. Authority. -- W. Va.
				Code §
									16-5P-1 et. seq.
1.3.
				Filing Date. - April 14, 2022
1.4.
				Effective Date. - October 1, 2022
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-04 - WV Long-Term Care Ombudsman Program › Section 76-4-2 - Incorporation By Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia State Plan for Aging Programs is hereby
				  incorporated by reference as an interpretive rule. This document is available
				  from the Secretary of State's Office or the West Virginia Bureau of Senior
				  Services.
Click Here
				  To View Image
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-06 - Shared Table Initiative For Senior Citizens › Section 76-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule details methods, establishes and affirms the creation of the shared table
				initiative for senior citizens who suffer from food insecurity. The purpose is
				to establish a statewide initiative to facilitate shared tables at senior
				centers and similar facilities where congregate and home delivered meals are
				provided to seniors in need. Senior citizens may not always want to consume
				certain food or beverage items included in their meal.
1.2. Authority. -- W. Va. Code
				§
									16-5S-9a.
1.3. Filing Date.
				-- April 14, 2021.
1.4. Effective
				Date. -- April 14, 2021.
1.5.
				Sunset Provision. -- This rule shall terminate and have no further force or
				effect upon the termination of 5 years from its effective date.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-06 - Shared Table Initiative For Senior Citizens › Section 76-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Apparently
				fit grocery product" means a grocery product that meets all quality and
				labeling standards imposed by federal, state and local laws and regulations
				even though the produce may not be readily marketable due to appearance, age,
				freshness, grade, size, surplus or other conditions.
2.2. "Apparently wholesome food" means food
				that meets all quality and labeling standards imposed by federal, state and
				local laws and regulations even though the food may not be readily marketable
				due to appearance, age, freshness, grade, size, surplus or other conditions.
2.3. "Donate" means to give
				without requiring anything of monetary value from the recipient, except that
				the term includes donations by one nonprofit organization to another nonprofit
				organization, notwithstanding that the donor organization has charged a nominal
				fee to the done organization, if the ultimate recipient or user is not required
				to give anything of monetary value.
2.4. "Gleaner" means a person who harvests a
				donated agricultural crop for free distribution to the needy or for donation to
				a nonprofit organization for ultimate distribution to the needy. 2.5. "Good
				Samaritan Food Donation Act" means a law providing a statutory framework to
				protect food donators from liability for their good faith efforts (W. Va. Code
				§
									55-7D-1).
2.6. "Sharing
				tables" are tables or stations at senior centers or other locations where
				congregate meals are provided to senior citizens where senior citizens may
				return unopened prepackaged items, whole fruit and unopened beverage items they
				choose not to eat. These food and beverage items are then available to other
				senior citizens who may need additional nutritional servings.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-06 - Shared Table Initiative For Senior Citizens › Section 76-6-3 - Types of Food That May Be Distributed

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any unopened pre-packaged items,
				including, but not limited to pretzels, crackers, bags of fruits and vegetables
				stored in a cooling bin, wrapped whole fruit, such as apples and bananas and
				unopened milk which has been stored in a cooling bin maintained at 41 degrees
				Fahrenheit or below may be distributed at a sharing table. Nutrition providers
				shall be aware of and comply with all Federal, state, and local laws, rules,
				regulations, and codes regarding standards for the preparation and distribution
				of food and beverages.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-06 - Shared Table Initiative For Senior Citizens › Section 76-6-4 - Methods of Distribution to Make Food Available

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Food and beverages which may be
				distributed under section three of this rule may be distributed at sharing
				table or to senior citizens who receive home-delivered meals.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-06 - Shared Table Initiative For Senior Citizens › Section 76-6-5 - Methods of Distributing Excess Food to Persons or Organizations Providing Food to Seniors Suffering from Food Insecurity

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Senior citizens may take an additional
				helping of a food or beverage item from the share table during congregate
				serving times or the food or beverage item may be provided as an extra serving
				to home delivered meal recipients. Food or beverage items left on the share
				table may be served for reimbursement during another meal service time if
				maintained at the appropriate storage standards.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-06 - Shared Table Initiative For Senior Citizens › Section 76-6-6 - Methods to Otherwise Donate Excess Food to Persons or Organizations Providing Food to Persons or Families Suffering from Food Insecurity

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Senior centers
				or other locations where congregate meals are provided to senior citizens which
				receive, prepare, or donate food and beverages to a food bank or other
				nonprofit charitable organization under this rule, shall comply with and are
				subject to the Good Samaritan Food Donation Act, W. Va. Code §
									55-7D-1
et seq
.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-01 - Rules Regarding Discrimination Against Individuals With Disabilities › Section 77-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following legislative regulations of the West Virginia Human Rights Act set forth rules for complying with the disability provisions of the West Virginia Human Rights Act, W.Va. Code '5-11-1 et seq., and are intended to interpret and implement the provisions of the West Virginia Human Rights Act, particularly the 1989 amendments relating to handicap disability discrimination, and to assist all persons in understanding their rights, obligations, and duties under the law.
In these regulations, the word "handicap" and its derivations are replaced by the word "disability" and its derivations in order to conform with the Americans with Disabilities Act of 1990, ''101-108, 42 U.S.C. ''12111-12117, even though the provisions of the West Virginia Human Rights Act, W. Va. Code '5-11-1 et seq. uses the term "handicap."
1.2. Authority. -- W. Va. Code ''5-11-8(h); 29A-3-1 et seq. and 5-11A-20.
1.3. Filing Date. -- May 19, 1994.
1.4. Effective Date. -- May 19, 1994.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-01 - Rules Regarding Discrimination Against Individuals With Disabilities › Section 77-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Disability" means, with respect to an individual--:
2.1.1. A mental or physical impairment which substantially limits one or more of a person's major life activities; or
2.1.2. A record of such impairment; or
2.1.3. Perception of such an impairment.
2.1.4. This term does not include persons whose current use of or addiction to alcohol or drugs prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat (as defined in Rule 4.8) to property or the safety of others.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-01 - Rules Regarding Discrimination Against Individuals With Disabilities › Section 77-1-3 - Verification of Disability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. If, at the time of public hearing, there is a question or dispute as to whether the complainant is an individual with a disability, or as to the nature of the impairment, the burden of proof shall be upon the complainant to present by reasonable medical opinions or records:
3.1.1. The nature of the disability;
3.1.2. Any limitations caused by said disability; and
3.1.3. Any restrictions upon the disabled individuals' work activity. If the complainant prevails, the costs of obtaining and presenting such medical evidence may be assessed against the respondent.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-01 - Rules Regarding Discrimination Against Individuals With Disabilities › Section 77-1-4 - Employment Discrimination Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No employer shall, on the basis of disability, subject any qualified individual with a disability to discrimination in employment as it relates to:
4.1.1. Recruitment, advertising, and processing applications;
4.1.2. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
4.1.3. Rates of pay or any other form of compensation or changes in compensation;
4.1.4. Job assignments, job classifications, organizational structures, position description, lines of progression, and seniority lists;
4.1.5. Leaves of absence, sick leave, or any other leave;
4.1.6. Fringe benefits, such as medical, hospital, accident, disability, life insurance, retirement benefits, unemployment benefits, and profit sharing and bonus plan, whether or not administered by the recipient;
4.1.7. Selection and/or financial support for training, including apprenticeship, professional meetings, conferences, and other related activities and leaves of absence to pursue training;
4.1.8. Employer-sponsored activities, including social or recreational programs;
4.1.9. Any other terms, conditions, or privileges of employment.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-01 - Rules Regarding Discrimination Against Individuals With Disabilities › Section 77-1-5 - Pre-Employment Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An employer, labor organization, or employment agency shall not make pre-employment inquiry of an applicant as to whether the applicant has a physical or mental impairment or as to the nature or severity of such impairment, except that an employer, labor organization, or employment agency may make pre-employment inquires into the ability of a job applicant to perform job-related functions.
5.2. An employer may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination if:
5.2.1. All entering employees are subjected to such an examination regardless of disability;
5.2.2. Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files, and is treated as confidential medical record, except that --
5.2.2.A. Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;
5.2.2.B. First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and
5.2.2.C. Government officials investigating compliance with this Act shall be provided relevant information on request; and.
5.2.3. The results of such examination are used only in accordance with these regulations.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-01 - Rules Regarding Discrimination Against Individuals With Disabilities › Section 77-1-7 - Public Accommodations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. These regulations apply to any owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodations as defined by W.Va. Code '5-11-2(j).
7.2. It shall be unlawful to refuse, withhold from, or deny, either directly or indirectly, to any individual because of disability, any of the accommodations, advantages, facilities, privileges, or services to qualified individuals with disabilities, the privileges of such place of public accommodation.
7.3. It shall be unlawful to publish, circulate, issue, display, post, or mail, either directly or indirectly, any written or printed communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, privileges, or services of any such place shall be refused, withheld from, or denied to any individual on account of disability, or that the patronage or custom threat of any individual with a disability is unwelcome, objectionable, not acceptable, undesired, or not solicited. However, any person may advertise that a place of public accommodation is barrier free or otherwise accessible to individuals with disabilities.
7.4. It is unlawful to discriminate against an individual with a disability in the price, terms, or conditions upon which access to the accommodations, advantages, facilities, services, or privileges of any public accommodation may depend.
7.5. Individuals with disabilities have the right to be accompanied by a guide animal in any place of public accommodation.
7.6. Individuals with disabilities have the right to be accompanied by an attendant in any place of public accommodation.
7.7. It shall be unlawful to refuse to make reasonable accommodations necessary to make any public accommodation accessible to and functional for individuals with disabilities. In determining whether an accommodation is reasonable, the Commission shall consider:
7.7.1. The nature and size of the public accommodation;
7.7.2. The nature and cost of the accommodation needed;
7.7.3. Whether or not the public accommodation is owned, operated, funded, or used, by an agency of government; and
7.7.4. The requirements of the West Virginia Law on Handicapped Persons and Public Buildings and Facilities, W.Va. Code '18-l0F-1 et seq. Any changes or alterations required due to the failure of the owner, managing agent of the owner (or his lessee or predecessor in title) to conform to the requirements of said statute will be considered per se reasonable.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following procedural regulations set forth the practice and procedure established by the West Virginia Human Rights Commission, hereinafter "Commission" for carrying out its responsibilities in the administration and enforcement of the West Virginia Human Rights Act, W. Va. Code §
									5-11-1 et seq., as amended.
1.1.1. Policy. -- All persons appearing before the West Virginia Human Rights Commission shall have their rights, privileges, or duties determined with due regard for fundamental fairness. Any person may be represented by private legal counsel at any stage of proceedings before the Commission, except as more fully set forth in these rules. In any contested case before the Commission, all parties thereto shall be provided with an adequate notice of hearing; a fair hearing; and an objective decision supported by substantial evidence.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All words defined in W. Va. Code §
									5-11-8 of the Act shall have the meanings therein ascribed to them for the purposes of these regulations. All other words shall have the meanings herein ascribed to them.
2.1. The term "Act" shall mean the West Virginia Human Rights Act.
2.2. The term "answer" means that response required in Rule 6.1.
2.3. The term "chairperson" shall mean the chairperson of the West Virginia Human Rights Commission elected by the Commission.
2.4. The term "Commissioner" shall mean one of the duly appointed members of the West Virginia Human Rights Commission.
2.5. The term "Commission's attorney" shall mean an attorney on the staff of the Commission or from the Office of the Attorney General who renders legal services to the Commission.
2.6. The term "complaint" shall mean a written statement alleging that an unlawful discriminatory practice has been committed and which shall be signed under oath and filed with the Commission in conformity with Rule 3.
2.7. The term "complainant" may mean any individual, any organization which has an individual member claiming to be aggrieved by unlawful discrimination, the Commission or the Attorney General, who has filed a complaint with the Commission.
2.8. The term "compliance director" shall mean any member(s) of the staff designated by the executive director as having responsibility in overseeing the activities of compliance functions.
2.9. The term "administrative law judge" shall mean that statutory officer referred to in W. Va. Code §
									5-11-6 or an attorney assigned by the Commission or its executive director to conduct a public hearing or perform other functions authorized by the Act or the Commission's rules and regulations.
2.10. The term "party" or "parties" shall mean the complainant, the respondent, the Commission, if appropriate, and any person authorized by the Commission to intervene in any proceeding.
2.11. The term "reply" means that response required by Rule 4.2.
2.12. The term "respondent" shall mean any person against whom a complaint has been filed alleging an unlawful discriminatory practice within the meaning of the Act.
2.13. The term "service" when required by these rules shall be that service as is described in Rule 4 of the West Virginia Rules of Civil Procedure.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-3 - Complaint: Content, Filing Time, Amendment, Withdrawal and Dismissal; Preservation of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may make, sign and file with the Commission a written, verified complaint.
3.2. Any employer whose employees, or some of them, hinder or threaten to hinder compliance with the provisions of the Act may make, sign and file with the Commission a written, verified complaint requesting assistance by conciliation or other remedial action.
3.3. The Commission or the Attorney General may make, sign and file a complaint whenever either has reason to believe that any person has engaged, or is engaging, or proposes to engage in an unlawful discriminatory practice.
3.4. Any organization which has an individual member claiming to be aggrieved by an alleged unlawful discriminatory practice may make, sign and file with the Commission a written, verified complaint.
3.5. A complaint deferred/referred to the Commission by the United States Equal Employment Opportunity Commission pursuant to the Civil Rights Act of 1964 or the Age Discrimination in Employment Act or by the United States Department of Housing and Urban Development pursuant to the Civil Rights Act of 1968 shall be deemed filed with the Commission as of the date such complaint was received by the United States Equal Employment Opportunity Commission or the United States Department of Housing and Urban Development.
3.6. Assistance in drafting and filing complaints shall be available to complainants through the Commission and its staff.
3.7. The complaint shall be in writing, the original being signed and verified before a notary public or other person duly authorized to administer oaths and take acknowledgements. The complaint shall be filed with the Commission and where feasible, shall be upon forms prepared by the Commission, blanks of which shall be supplied by the Commission upon request. Notarial service shall be furnished without charge by the Commission.
3.8. Each complaint shall contain the following to the best information of the complainant:
3.8.a. The name and address of the complainant;
3.8.b. The name and address of the respondent;
3.8.c. A concise statement setting forth the facts deemed to constitute the alleged discrimination;
3.8.d. The date or dates of the alleged unlawful discriminatory practice, or if the alleged unlawful discriminatory practice is of a continuous nature, the date on which the unlawful practice began and the last day on which it occurred; and
3.8.e. The verified signature of the complainant.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-6 - Answer

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The respondent against whom a verified complaint, as the same may have been amended, is filed and upon whom a notice of hearing and a copy of such complaint has been served, shall file a written, verified answer within ten (10) days from the service of such complaint and notice of hearing. Upon application in writing made to the administrative law judge prior to the end of said ten-day period, the administrative law judge may, for good cause shown, extend the time in which the answer shall be filed. This answer is in addition to the reply required to be filed by Rule 4.2.
6.2. The filing shall be made by personal delivery or by certified mail, return receipt requested, to the administrative law judge, and by personal delivery or first class mail to all parties.
6.3. The answer shall be in the following form:
6.3.a. The answer shall be in writing, the original being signed and verified by the respondent or respondent's attorney. The answer shall contain the post office address of the respondent and, if represented by an attorney, the name, mailing address, and telephone number of said attorney,
6.3.b. The answer shall contain a general or specific denial of each and every allegation of the complaint controverted by the respondent or a denial of any knowledge or information thereof sufficient to form a belief as to the truth or falsity, and a statement of any matter constituting a defense;
6.3.c. Any allegation in the complaint which is not denied or admitted in the answer, unless the respondent shall state in the answer that it is without knowledge or information sufficient to form a belief, may be, in the discretion of the administrative law judge, deemed admitted; and
6.3.d. Any allegation of new matter contained in the answer shall be deemed denied by the complainant without the necessity of a reply being filed, unless otherwise ordered by the administrative law judge.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-7 - Hearings: Administrative Law Judge; Appearances; Subpoenas; Discovery; and Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All hearings shall be open to the public except in extraordinary circumstances when the administrative law judge determines, with the consent of the parties, that substantial justice would not be effectuated thereby.
7.2. Hearings shall be held in the county where the respondent resides or transacts business, or, when agreed to by the parties, where the acts complained of occurred or any other mutually agreeable place. The place of the hearing will be designated by the administrative law judge.
7.3. In the discretion of the administrative law judge two or more proceedings against the same respondent arising out of the same set of circumstances, or two or more proceedings by the same complainant against two or more respondents arising out of the same set of circumstances, maybe consolidated for the purpose of hearing.
7.4. A qualified administrative law judge designated by the chairperson or the executive director shall preside over the hearing.
7.4.a. The conduct of the administrative law judge shall, where applicable, be guided by the Judicial Code of Ethics; and
7.4.b. Any party may file with the administrative law judge a motion, made in good faith, alleging that the administrative law judge should not be allowed to hear the case. The motion shall be determined by the administrative law judge prior to the taking of other evidence. If the motion is denied by the administrative law judge, the moving party may file an appeal within ten (10) days after receipt of such written denial to the executive director, whose decision to affirm, reverse or modify the decision of the administrative law judge shall be final. If the motion is granted by the administrative law judge, any party may appeal to the executive director who may affirm, reverse or modify the decision of the administrative law judge. The decision of the executive director shall be final.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-8 - The Record

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The record of the proceedings before the Commission shall consist of the complaint and amended complaint, if any, answer, notices of hearing, written applications, stipulations, motions, orders, transcript or recording of the record of the hearing, exhibits, depositions, briefs, any recommended decision, the final decision of the administrative law judge, and the final order the Commission.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-9 - Final Decision of the Administrative Law Judge

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Within one year of the filing of the complaint, the administrative law judge shall issue a final decision on the merits which shall contain all findings of fact and conclusions of law necessary to support the decision, and, in the administrative law judge's discretion, an opinion containing the reasons for the decision.
9.2. If upon all the testimony, evidence and record of the hearing the administrative law judge shall find that the respondent has engaged in or is engaging in any unlawful discriminatory practice as defined by the Act, the administrative law judge shall issue an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such affirmative action as will effectuate the purpose of the Act, and to report from time to time on the manner and extent of compliance with the final decision and which shall include an award reimbursing complainant for out-of-pocket losses.
9.3. In addition to the remedies outlined in Rule 9.2. above, the administrative law judge may:
9.3.a. Assess against a respondent an award of backpay to the victim or victims of discrimination pursuant to W. Va. Code §
										5-11-10. For cases involving discriminatory acts which occurred after the effective date of the West Virginia_Human Rights Act, July 1, 1967, the period for which backpay may be awarded shall commence with the date of the discriminatory act and end when such backpay is actually tendered by the respondent. For cases involving discriminatory acts which occurred before the effective date of the West Virginia Human Rights Act, the effects of such discriminatory acts continuing to a time after the effective date of the West Virginia Human Rights Act, the period for which backpay may be awarded may commence with the effective date of the West Virginia Human Rights Act, July 1, 1967, and end when such backpay is actually tendered by the respondent. Interest may also be included in such award of backpay as the administrative law judge may determine;
9.3.b. Award to complainant incidental damages up to $2,950.00, or such amount as may be adjusted from time to time by the Commission in accord with the standard established in
Bishop Coal Co. v. Salyers,
380 S.E.2d 238 (W.Va. 1989);
9.3.c. Award such other equitable relief as will make the complainant whole, including, but not limited to, an award of attorney's fees and costs; and
9.3.d. If upon all the testimony, evidence and record of the hearing the administrative law judge shall find that the respondent has not engaged in any unlawful discriminatory practice as defined in the Act, the administrative law judge shall issue a decision dismissing the complaint as to such respondent.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-02 - Rules of Practice and Procedure Before the West Virginia Human Rights Commission › Section 77-2-10 - Appeal to the Commission

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Within thirty (30) days of receipt of the administrative law judge's final decision, any party aggrieved shall file with the executive director of the Commission, and serve upon all parties or their counsel, a notice of appeal, and in its discretion, a petition setting forth such facts showing the appellant to be aggrieved, all matters alleged to have been erroneously decided by the administrative law judge the relief to which the appellant believes she/he is entitled, and any argument in support of the appeal.
10.2. The filing of an appeal to the Commission from the administrative law judge shall not operate as a stay of the decision of the administrative law judge unless a stay is specifically requested by the appellant in a separate application for the same and approved by the Commission or its executive director.
10.3. The notice and petition of appeal shall be confined to the record.
10.4. The appellant shall submit the original and nine (9) copies of the notice of appeal and the accompanying petition, if any.
10.5. Within twenty (20) days after receipt of appellant's petition, all other parties to the matter may file such response as is warranted, including pointing out any alleged omissions or inaccuracies of the appellant's statement of the case or errors of law in the appellant's argument. The original and nine (9) copies of the response shall be served upon the executive director.
10.6. Within sixty (60) days after the date on which the notice of appeal was filed, the Commission shall render a final order affirming the decision of the administrative law judge, or an order remanding the matter for further proceedings before an administrative law judge, or a final order modifying or setting aside the decision. Absent unusual circumstances duly noted by the Commission, neither the parties nor their counsel may appear before the Commission in support of their position regarding the appeal.
10.7. When remanding a matter for further proceedings before an administrative law judge, the Commission shall specify the reason(s) for the remand and the specific issue(s) to be developed and decided by the administrative law judge on remand.
10.8. In considering a notice of appeal, the Commission shall limit its review to whether the administrative law judge's decision is:
10.8.a. In conformity with the Constitution and laws of the state and the United States;
10.8.b. Within the Commission's statutory jurisdiction or authority,
10.8.c. Made in accordance with procedures required by law or established by appropriate rules or regulations of the Commission;
10.8.d. Supported by substantial evidence on the whole record; or
10.8.e. Not arbitrary, capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.