reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 205 - Outdoor Heritage Conservation Fund › Title 205 - LEGISLATIVE RULE BOARD OF TRUSTEES OF OUTDOOR HERITAGE CONSERVATION FUND › Series 205-01 - Rules Of The Outdoor Heritage Conservation Fund › Section 205-1-11 - Issuance of Revenue Bonds by West Virginia Economic Development Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Fund
				may request the West Virginia Economic Development Authority to issue revenue
				bonds, the proceeds of which shall be allocated to and expended for the Fund by
				the Economic Development Authority at the direction of the Board for purposes
				consistent with the conservation and financial criteria set forth in the
				code.
11.2. The Board shall direct
				the Economic Development Authority to issue bonds by a resolution approved by
				the Board. Likewise, the Board shall certify that projects receiving bond
				proceeds serve a public purpose and meet the criteria established by W. Va.
				Code §
									5B-2G-9(d).
West Virginia Code of State Rules › Agency 206 - Pharmaceutical Cost Management Council › Title 206 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION WEST VIRGINIA PHARMACEUTICAL COST MANAGEMENT COUNCIL › Series 206-01 - Prescription Drug Advertising Expense Reporting › Section 206-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This rule establishes advertising expense disclosure requirements for all manufacturers and labelers of prescription drugs dispensed in this state, who employ, direct or utilize marketing representatives.
1.2 Authority. - - W.Va. Code § 5A-3C-13.
1.3 Filing Date. --
1.4 Effective Date. - -
West Virginia Code of State Rules › Agency 206 - Pharmaceutical Cost Management Council › Title 206 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION WEST VIRGINIA PHARMACEUTICAL COST MANAGEMENT COUNCIL › Series 206-01 - Prescription Drug Advertising Expense Reporting › Section 206-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms not defined in this rule have the meanings ascribed to them in West Virginia Code § 5A-3C-3. As used in this rule:
2.1. "Aggregate" or "aggregate data" means information which does not disclose personally-identifiable information about specific prescribers or otherwise identify specific individuals or companies.
2.2. "Aggregate list" means the aggregate data included in the Council's report to the Joint Committee on Government and Finance, pursuant to West Virginia Code § 5A-3C-13(e).
2.3. As used in West Virginia Code § 5A-3C-13(c)(2), "bona-fide clinical trial" means a clinical trial approved by an institutional review board in compliance with the statutory and regulatory requirements of the federal Food and Drug Administration, including Title 21 of the United States Code and 21 CFR, Part 56 and 45 C.F.R. § 46.101, and conducted in connection with a research study the principle purpose of which is scientific research.
2.4. "Council means the West Virginia Pharmaceutical Cost Management Council established under the authority of West Virginia Code § 5A-3C-1
et.seq.
2.5. "Direct-to-consumer advertising" or "DTC advertising" means advertising prescription drugs directly to residents of this state through radio, television, magazines, newspapers, direct mail or telephone communications.
2.6. "Dispensed" or "dispensing" means that aspect of the practice of pharmacy concerned with the preparation, verification of contents and delivery of a drug or device in an appropriately labeled and suitable container to a patient or a patient's representative pursuant to a lawful order of a practitioner for subsequent administration to, or use by, a patient. A drug or device has not been dispensed until it has been physically delivered to the patient or patient's representative.
2.7. "National aggregate data" means all expenses associated with advertising and direct promotion of prescription drugs through radio, television, magazines, newspapers, direct mail and telephone communications in the United States.
2.8. "Prescription drugs" or "pharmaceutical drugs" means drugs for human use which may be legally dispensed only with a prescription.
2.9. "Prescriber" means a physician or other health care professional licensed to prescribe drugs in the State of West Virginia.
2.10. "Reporting entity" means a drug manufacturer, pharmaceutical manufacturer or labeler.
West Virginia Code of State Rules › Agency 206 - Pharmaceutical Cost Management Council › Title 206 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION WEST VIRGINIA PHARMACEUTICAL COST MANAGEMENT COUNCIL › Series 206-01 - Prescription Drug Advertising Expense Reporting › Section 206-1-3 - Required Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. On or before March 1, 2008, every drug manufacturer, pharmaceutical manufacturer, and labeler of prescription drugs dispensed in this state or to a consumer in this state via mail, who employs, directs or utilizes marketing representatives in this state must complete and file with the Council, the form contained in Appendix A of this rule, disclosing the reporting entity's expenditures for advertising prescription drugs to consumers in this state during the period from July 1, 2008 to December 31, 2007. Any amount required to be reported shall be prorated to reflect the six (6) month reporting period, and every reporting threshold contained in this rule shall be halved. On or before April 1, 2009, and every first of April thereafter, the reporting entity shall complete and file with the Council the form containing Appendix A of this rule, disclosing advertising expenses for the previous calendar year in full.
3.2. The reporting entity shall disclose all expenditures for advertising and direct promotion of prescription drugs dispensed in this state, including;
3.2.1. The total amount the reporting entity spent for advertising and direct promotion of prescription drugs to consumers, prescribers, pharmacies and patient support or advocacy groups within the State of West Virginia;
3.2.2. The total number of West Virginia prescribers to whom the reporting entity provided, directly or indirectly, gifts, grants, or payments of any kind in excess of one hundred dollars ($100.00) for the purpose of advertising prescription drugs. Annual payments which cumulatively total more than the amount shown on the reporting form shall be reported in $2,500.00 increments until all payments of any kind to prescribers have been reported.
3.2.3. The name of each prescription drug advertised by direct-to-consumer advertising which is directed at, received by or intended to be received by consumers in this state, the form of the advertising and the total amount expended for advertising each named prescription drug;
3.2.4. The name of any disease-specific patient support or advocacy group operating in this state to which the reporting entity made, directly or indirectly, gifts, grants or payments of any kind totaling $10,000 or more for the purpose of advertising prescription drugs and the total amount contributed to each named support group;
and
3.2.5. The name of any pharmacy licensed in this state to which the reporting entity made, directly or indirectly, gifts, grants or payments of any kind totaling $10,000 or more, for the purpose of advertising prescription drugs, the form of the advertising and the total amount contributed to each named pharmacy.
West Virginia Code of State Rules › Agency 206 - Pharmaceutical Cost Management Council › Title 206 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION WEST VIRGINIA PHARMACEUTICAL COST MANAGEMENT COUNCIL › Series 206-01 - Prescription Drug Advertising Expense Reporting › Section 206-1-4 - Discretionary Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
The reporting entity may, but is not required to, disclose:
4.1. Free samples of prescription drugs distributed to patients;
4.2. Payments of reasonable compensation and reimbursement of expenses in connection with a bona fide clinical trial; or
4.3. Scholarships or other support for medical students, residents and fellows selected by a national, regional or specialty medical or other professional association to attend significant educational, scientific or policy-making conferences sponsored by such association.
West Virginia Code of State Rules › Agency 206 - Pharmaceutical Cost Management Council › Title 206 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION WEST VIRGINIA PHARMACEUTICAL COST MANAGEMENT COUNCIL › Series 206-01 - Prescription Drug Advertising Expense Reporting › Appendix A - Prescription Drug Advertising Expenses Reporting Form

Current through Register Vol. XLI, No. 28, July 12, 2024
Please file your completed Appendix A with:
West Virginia Pharmaceutical Cost Management Council c/o West Virginia Department of Administration
Capitol Complex
1900 Kanawha Boulevard, East
Charleston, WV 25305
Name of Reporting Entity
Reporting Period
3.2.1. List below the total amount the reporting entity spent for advertising and direct promotion of prescription drugs to consumers, prescribers, pharmacies and patient support or advocacy groups within the State of West Virginia.
Name of Reporting Entity
Amount Spent
3.2.2. List below the total number of West Virginia prescribers to whom the reporting entity provided directly or indirectly, gifts, grants or payments of any kind in excess of one hundred dollars ($100.00) for the purpose of advertising prescription drugs.
Annual Aggregate Amount of fees, food entertainment, recreational activities, travel expenses, gifts, grants or other payments
Total Number of Prescribers
$100.00-$2,500.00
$2,501,00-$5,000.00
$5,001.00-$7,500.00
$7,501.00-$10,000.00
3.2.3. List below the name of each prescription drug advertised by direct-to-consumer advertising which is directed at, received by or intended to be received by consumers in this state, the form of the advertising and the total amount expended for advertising each named prescription drug.
Name of Drug (chemical name and brand name)
Form of Advertising
Total Expenditure on Advertising
3.2.4. List below the name of any disease-specific patient support or advocacy group operating in this state to which the reporting entity made, directly or indirectly, gifts, grants or payments of any kind totaling $10,000 or more for the purpose of advertising prescription drugs and the total amount contributed to each named support group.
Name of Advocacy Group
Amount of Payments
3.2.5. List below the name of any pharmacy licensed in West Virginia to which the reporting entity made, directly or indirectly, gifts, grants or payments of any kind totaling $10,000 or more, for the purpose of advertising prescription drugs, the form of the advertising and the total amount contributed to each named pharmacy.
Pharmacy
Type of Advertising
Amount of Payment
I certify upon information and belief that the information contained on this form is true, correct and complete.
Signature:
Printed Name:
Title:
Date:
Taken, sworn and subscribed before me, this day of.....................
by............................................................
Notary signature
Commission expires
West Virginia Code of State Rules › Agency 207 - Coalfield Community Development › Title 207 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF ENERGY › Series 207-01 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Community Development › Section 207-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the
				procedure for the creation of community impact statements by operators, the
				process to develop coalfield community development procedures which include
				asset development goals and infrastructure needs, the criteria for the
				development of a master land use plan by local, county regional development or
				redevelopment authorities, and the procedure for establishing the value of
				property to assist property owners who desire to voluntarily sell their
				property to an operator.
This Legislative Rule supercedes any prior code
				  that was initiated to guide efforts for Community Development Assessment and
				  Real Property Valuation and Real Property Valuation Procedures for Office of
				  Coalfield Community Development including Legislative Rule Title 145 Series
				  7.
1.2. Authority. -- W. Va.
				Code §
									5B-2A-12.
1.3. Filing
				Date. -- April 29, 2010.
1.4.
				Effective Date. -- July 1, 2010.
West Virginia Code of State Rules › Agency 207 - Coalfield Community Development › Title 207 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF ENERGY › Series 207-01 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Community Development › Section 207-1-3 - Exempted Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				provisions of this rule shall apply to all surface mining operations, except:
3.1.a. Surface operations and surface impacts
				incident to an underground coal mine; and
3.1.b. Surface mining operations of operators
				that:
(1) establish that their probable total
				annual coal production from all locations during any consecutive twelve-month
				period, either during the term of the permit or during the first five years
				after issuance of the permit, whichever period is shorter, will not exceed
				300,000 tons, as determined pursuant to rules promulgated by the department,
				and
(2) otherwise meet all criteria
				for the small operator assistance program authorized under the federal Surface
				Mining Control and Reclamation Act of 1977,  30 U.S.C. §1201  et seq., as
				amended.
West Virginia Code of State Rules › Agency 207 - Coalfield Community Development › Title 207 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF ENERGY › Series 207-01 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Community Development › Section 207-1-5 - Coalfield Community Development Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The office shall coordinate and share information outlined in the community
				impact statement with the county development authority when an operator applies
				for any permit with the department.
5.2. Within 30 days after the community
				impact statement from the operator applying for the permit is filed with the
				office, the operator shall distribute notice that property is intended to be
				mined by the operator applying for the permit to the following:
State and
				  local government agencies such as county commissions, city or town governments
				  in affected communities, regional planning and development councils, and county
				  economic development authorities having jurisdiction over the affected
				  communities, all by certified mail.
5.3. Within 30 days after the community
				impact statement from the operator applying for the permit is filed with the
				office, the operator shall notify individuals and business owners and operators
				in affected communities of the proposed mining activity.
5.3.a. This notification from the operator
				shall be by a class I legal advertisement as provided in W. Va. Code
				§
										59-3-2, which shall contain a map identifying the location of the
				proposed surface mining operations.
5.3.b. After this notification has been
				published, the operator shall file the publication certification for the class
				I legal advertisement with the office.
West Virginia Code of State Rules › Agency 207 - Coalfield Community Development › Title 207 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF ENERGY › Series 207-01 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Community Development › Section 207-1-6 - Master Land Use Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A master
				land use plan shall be prepared by a development authority If requested by a
				development authority, the office shall assist in the preparation of a master
				land use plan.
6.2. A development
				authority must determine land and infrastructure needs within its jurisdiction
				as necessary in conjunction with its preparation of a master land use plan.
6.2.a. In making a determination of the land
				and infrastructure needs in its jurisdiction, the development authority shall
				evaluate at least the considerations set forth in subdivision 5.6.e. of this
				rule. A development authority may satisfy this requirement by incorporating all
				or part of the determination of land and infrastructure needs of an area
				reflected in a community impact statement prepared in accordance with section 5
				of this rule.
West Virginia Code of State Rules › Agency 207 - Coalfield Community Development › Title 207 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF ENERGY › Series 207-01 - Community Development Assessment And Real Property Valuation Procedures For Office Of Coalfield Community Development › Section 207-1-7 - Land Acquisitions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. After a
				community impact statement is filed by an operator as provided in section 4 of
				these rules, the office shall give notice to the property owner at the address
				identified by the community impact statement that the owner's property has been
				identified for purchase by the operator and the name and address of the
				proposed purchaser, but the office shall provide no other assistance unless
				requested by the potential property seller.
7.2. The office shall assist property owners
				so notified and other property owners who desire to sell their property
				voluntarily to an operator which has applied for a permit or any person, firm
				or corporation directly or indirectly affiliated with such operator, provided
				that all of the following conditions are met:
7.2.a. The operator or any person, firm or
				corporation directly or indirectly affiliated with the operator makes an offer,
				in writing, to purchase the property stating all the terms and conditions of
				the proposed purchase;
7.2.b. The
				property to be purchased is located within 1,000 feet of property which
				actually is or will be mined by the operator;
7.2.c. The structures are actually being used
				for commercial purposes or are occupied residences situate on the property to
				be purchased; and
7.2.d. The
				potential seller or group of sellers requesting assistance from the office own
				all of the property proposed to be purchased, and no undivided interests in the
				property exist that are opposed to the valuation procedure.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This Legislative rule
				establishes general standards for the operation of the Broadband Deployment
				Grant Program.
1.2. Authority -- W.
				Va. Code §
									31-15C-9.
1.3.
				Filing Date -- June 6, 2013.
1.4.
				Effective Date -- June 6, 2013.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, these terms have the following meanings:
2.1. "Applicant" means an eligible entity as
				defined in this rule.
2.2.
				"Application" means a written request for broadband deployment grant funds
				pursuant to this rule containing all forms, information and attachments
				executed by the applicant and all partners, if applicable.
2.3. "Broadband service provider" means a
				telecommunications service provider that provides broadband service.
2.4. "Completed application" means an
				application submitted by the date and time set for the close of the application
				acceptance period, which has all sections filled out with all the required
				information; has all required certifications provided; and has all required
				supporting documentation included.
2.5. "Council" means the West Virginia
				broadband deployment council created under W.Va. Code §
									31-15C-3.
2.6. "Demand promotion" means any activity
				that promotes demand for broadband services.
2.7. "Grantee" means an applicant to whom the
				Council has awarded a broadband deployment grant.
2.9. "Unserved area" means a community that
				has no access to broadband service.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-3 - Confidential and Proprietary Information

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Proprietary Information. As provided in W. Va. Code §
									31-15C-13,
				proprietary business information, including, but not limited to, physical plant
				locations, subscriber levels, and market penetration data, and trade secrets
				are exempt from disclosure under the provisions of W. Va. Code
				§
									29B-1-4.
3.2. Identification
				of protected information in funding applications. Applicants must specifically
				identify proprietary information in large, conspicuous typeface "CONFIDENTIAL."
				For information labeled "CONFIDENTIAL," the applicant shall identify the basis
				for the claim of confidentiality, e.g. "Trade Secret" or "Propriety
				Information," and shall also reference the specific subsection of W. Va. Code
				§
									29B-1-4 providing protection for that particular content. Any information
				not marked as confidential may be available for public inspection and
				copying.
3.3. Determination of
				Confidentiality.
3.3.a. The Council shall try
				to preserve the confidentiality of proprietary business information submitted
				pursuant to this rule where the information is clearly identified by the
				applicant.
3.3.b. If after review
				the Council determines that some information fails to qualify as confidential
				under W. Va. Code §
										29B-1-4 or as proprietary information under this rule,
				the Council shall promptly notify the applicant. The applicant's information is
				subject to potential review by the Council's legal counsel, the Attorney
				General, and the courts.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-4 - West Virginia Broadband Deployment Council Grant Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Categorization of Type 1, Type 2 and
				Type 3 unserved areas.
4.1.a. Using
				information from the West Virginia Broadband Mapping Program database, the
				Council shall identify unserved areas, pursuant to W. Va. Code §
										31-15C-6,
				according to the following categories:
4.1.a.1. Type 1 unserved area: an area in
				which broadband may be deployed by service providers in an economically
				feasible manner;
4.1.a.2. Type 2
				unserved area: an unserved area in which broadband may be deployed by broadband
				service providers and other entities in an economically feasible manner,
				provided some form of public moneys is made available; and
4.1.a.3. Type 3 unserved area: an unserved
				area in which, at present, cable or wireline broadband cannot be deployed in an
				economically feasible manner and an intermodal approach employing other
				technologies, such as satellite and wireless, is required to provide that area
				with high-speed internet access.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-5 - Required Public Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Pursuant to
				W. Va. Code §
									31-15C-10(a), the Council shall submit a notice to the
				Secretary of State for publication in the State Register, upon receipt of the
				first completed application received for each Type 2 or Type 3 unserved
				area.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-7 - Conflict of Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
Pursuant to W.Va. Code §
									31-15C-3(f), any person employed by, owning an interest in or otherwise associated with a broadband deployment project, project sponsor or project participant may serve as a council member and is not disqualified from serving as a council member because of a conflict of interest prohibited under W. Va. Code §
									6B-2-5 and is not subject to prosecution for violation of this section. The member shall recuse himself or herself from participation in Council discussions regarding the conflicting issue in the manner set forth in the West Virginia Ethics Commission rule, "Interest in Public Contracts," 158 CSR 8.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-8 - Award of Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Upon
				approval of an application, the Council shall notify successful grant
				applicants of their award.
8.2. An
				award recipient shall enter into a legally binding agreement with the
				Council.
8.3. An award recipient
				shall pay federal and state prevailing wages for construction work performed on
				projects involving West Virginia Broadband Development funds. An award
				recipient may obtain federal prevailing wage rates from the West Virginia
				Development Office and state prevailing wage rates from the West Virginia
				Secretary of State, Administrative Law Division at (304) 558-6000. An award
				recipient must pay the higher of either federal or state wage rates for each
				work classification on construction projects using grant funds.
8.4 The expenditure of public funds is
				governed by guidelines set forth by federal law, and the state of West
				Virginia, as well as any existing local purchasing procedures. In all cases,
				the award recipient shall follow the most stringent of the federal, state or
				local purchasing and bidding requirements.
8.5. To facilitate the accurate accounting of
				the use of state funds, award recipients shall designate, and deposit grant
				funds into, a separate account from which funds may only be spent for the
				purposes described in the application and the grant agreement.
8.6. The Council may require an award
				recipient to display appropriately the Council's phone number and web address
				on any marketing or publicity materials relating to the funded
				project.
West Virginia Code of State Rules › Agency 208 - Broadband Deployment Council › Title 208 - LEGISLATIVE RULE BROADBAND DEPLOYMENT COUNCIL › Series 208-01 - Broadband Deployment Council › Section 208-1-9 - Reimbursement, Reporting, Record Keeping and Auditing

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Activities that are a part of the grant
				project may not precede the grant agreement approval date.
9.2. Award recipients may not incur costs or
				seek reimbursement from the Council until the grant agreement has been fully
				executed.
9.3. The period of
				service for all submitted invoices must fall within the grant period approved
				by the Council.
9.4. Reimbursement
				requests shall include expenditure and activity reports as well as supporting
				documentation, including but not limited to, copies of receipts, proof of
				payment and payroll records.
9.5.
				Award recipients shall report monthly. If the award recipient fails to submit
				an acceptable report or audited financial statement within the timeframe
				designated in the grant agreement, the Council may take appropriate actions,
				including suspension of payments, suspension of award, or
				termination.
9.6. All grants and
				award recipients are subject to the provisions of W. Va. Code §
									12-4-14,
				and the West Virginia Department of Administration rule, 148 CSR 18, regarding
				the accounting of state grant moneys and the required reporting of
				expenditures.
9.7. Award recipients
				shall maintain all records for a period of three years after completion of the
				final audit by the State Auditor.
West Virginia Code of State Rules › Agency 210 - Governor's Office Of Health Enhancement And Lifestyle Planning - GOHELP › Title 210 - LEGISLATIVE RULE GOVERNOR'S OFFICE OF HEALTH ENHANCEMENT AND LIFESTYLE PLANNING (GOHELP) › Series 210-01 - Prescription Drug Advertising Expense Reporting › Section 210-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				advertising expense disclosure requirements for all manufacturers and labelers
				of prescription drugs dispensed in this state who employ, direct or utilize
				marketing representatives.
1.2.
				Authority. -- W. Va. Code §
									16-29H-8(a).
1.3. Filing Date. -- April 27,
				2010.
1.4. Effective Date. -- April
				30, 2010.
West Virginia Code of State Rules › Agency 210 - Governor's Office Of Health Enhancement And Lifestyle Planning - GOHELP › Title 210 - LEGISLATIVE RULE GOVERNOR'S OFFICE OF HEALTH ENHANCEMENT AND LIFESTYLE PLANNING (GOHELP) › Series 210-01 - Prescription Drug Advertising Expense Reporting › Section 210-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Aggregate" or "aggregate data" means
				information which does not disclose personally-identifiable information about
				specific prescribers or otherwise identify specific individuals or
				companies.
2.2. "Aggregate list"
				means the aggregate data included in the GOHELP annual report to the Joint
				Committee on Government and Finance.
2.3. "Bona-fide clinical trial" means a
				clinical trial approved by an institutional review board in compliance with the
				statutory and regulatory requirements of the federal Food and Drug
				Administration, including Title 21 of the United States Code, 21 C.F.R., Part
				56 and  45 C.F.R. §46.101, and conducted in connection with a research
				study the principle purpose of which is scientific research.
2.4. "GOHELP" means the Governor's Office of
				Health Enhancement and Lifestyle Planning established under the authority of W.
				Va. Code §
									16-29H-1 et seq.
2.5. "Direct-to-consumer advertising" or "DTC
				advertising" means advertising prescription drugs directly to residents of this
				state through radio, television, magazines, newspapers, direct mail or
				telephone communications.
2.6.
				"Dispensed" or "dispensing" means that aspect of the practice of pharmacy
				concerned with the preparation, verification of contents and delivery of a drug
				or device in an appropriately labeled and suitable container to a patient or a
				patient's representative pursuant to a lawful order of a practitioner for
				subsequent administration to, or use by, a patient. A drug or device has not
				been dispensed until it has been physically delivered to the patient or
				patient's representative.
2.7.
				"National aggregate data" means all expenses associated with advertising and
				direct promotion of prescription drugs through radio, television, magazines,
				newspapers, direct mail and telephone communications in the United
				States.
2.8. "Prescription drugs"
				or "pharmaceutical drugs" means drugs for human use which may be legally
				dispensed only with a prescription.
2.9. "Prescriber" means a physician or other
				health care professional licensed to prescribe drugs in the State of West
				Virginia.
2.10. "Reporting entity"
				means a drug manufacturer, pharmaceutical manufacturer or labeler.
West Virginia Code of State Rules › Agency 210 - Governor's Office Of Health Enhancement And Lifestyle Planning - GOHELP › Title 210 - LEGISLATIVE RULE GOVERNOR'S OFFICE OF HEALTH ENHANCEMENT AND LIFESTYLE PLANNING (GOHELP) › Series 210-01 - Prescription Drug Advertising Expense Reporting › Section 210-1-3 - Required Disclosures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Every drug
				manufacturer, pharmaceutical manufacturer, and labeler of prescription drugs
				dispensed in this state, or to a consumer in this state via mail, who employs,
				directs or utilizes marketing representatives in this state must complete and
				file with GOHELP, the form contained in Appendix A of this rule, disclosing the
				reporting entity's expenditures for advertising prescription drugs to consumers
				in this state for the previous calendar year in full. Beginning on or before
				April 1, 2010, and by the first of April thereafter, the reporting entity shall
				annually complete and file with GOHELP the form contained in Appendix A of this
				rule, disclosing advertising expenses for the previous calendar year in
				full.
3.2. The reporting entity
				shall disclose all expenditures for advertising and direct promotion of
				prescription drugs dispensed in this state, including:
3.2.a. The total amount the reporting entity
				spent for advertising and direct promotion of prescription drugs to consumers,
				prescribers, pharmacies and patient support or advocacy groups within the State
				of West Virginia;
3.2.b. The total
				number of West Virginia prescribers to whom the reporting entity provided,
				directly or indirectly, gifts, grants or payments of any kind in excess of one
				hundred dollars ($100.00) for the purpose of advertising prescription drugs.
				Annual payments which cumulatively total more than the amount shown on the
				reporting form shall be reported in increments of two thousand five hundred
				dollars ($2,500.00) until all payments of any kind to prescribers have been
				reported; and
3.2.c.
				Direct-to-consumer advertising which is directed at, received by or intended to
				be received by consumers in this state, the form of the advertising and the
				total amount expended for such advertising.
West Virginia Code of State Rules › Agency 210 - Governor's Office Of Health Enhancement And Lifestyle Planning - GOHELP › Title 210 - LEGISLATIVE RULE GOVERNOR'S OFFICE OF HEALTH ENHANCEMENT AND LIFESTYLE PLANNING (GOHELP) › Series 210-01 - Prescription Drug Advertising Expense Reporting › Section 210-1-4 - Discretionary Disclosures

Current through Register Vol. XLI, No. 28, July 12, 2024
The reporting entity may, but is not required to, disclose:
4.1. Free samples of
				prescription drugs distributed to patients;
4.2. Payments of reasonable compensation and
				reimbursement of expenses in connection with a bona-fide clinical trial;
				and
4.3. Scholarships or other
				support for medical students, residents and fellows selected by a national,
				regional or specialty medical or other professional association to attend
				significant educational, scientific or policy-making conferences sponsored by
				such association.
West Virginia Code of State Rules › Agency 210 - Governor's Office Of Health Enhancement And Lifestyle Planning - GOHELP › Title 210 - LEGISLATIVE RULE GOVERNOR'S OFFICE OF HEALTH ENHANCEMENT AND LIFESTYLE PLANNING (GOHELP) › Series 210-01 - Prescription Drug Advertising Expense Reporting › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
Prescription Drug Advertising Expenses Reporting Form
Please file your completed Appendix A with:
Governor's Office of Health Enhancement and Lifestyle Planning
Greenbrooke Building, 1124 Smith Street, Room 105
Charleston, West Virginia 25301
Name of Reporting Entity
Reporting Period
3.2.a. List below the total amount the reporting entity spent for advertising and direct promotion of prescription drugs to consumers, prescribers, pharmacies and patient support or advocacy groups within the State of West Virginia.
Name of Reporting Entity
Amount Spent
3.2.b. List below the total number of West Virginia prescribers to whom the reporting entity provided directly or indirectly, gifts, grants or payments of any kind in excess of one hundred dollars ($100.00) for the purpose of advertising prescription drugs.
Annual Aggregate Amount of fees, food entertainment, recreational activities, travel expenses, gifts, grants or other payments
Total Number of Prescribers
$100.00 - $2,500.00
$2,501.00 - $5,000.00
$5,001.00 - $7,500.00
$7,501.00 - $10,000.00
3.2.c. List below the direct-to-consumer advertising which is directed at, received by or intended to be received by consumers in this state, the form of the advertising and the total amount expended for advertising.
Form of Advertising
Total Expenditure on Advertising
I certify upon information and belief that the information contained on this form is true, correct and complete.
Signature:
Printed Name:
Title:
Date:
Taken, sworn and subscribed before me, this ______ day of __________________, 20_____,
by _________________________________________________________________________.
Notary signature
Commission expires
Seal:
West Virginia Code of State Rules › Agency 211 - Municipal Pensions Oversight Board › Title 211 - PROCEDURAL RULE MUNICIPAL PENSIONS OVERSIGHT BOARD › Series 211-01 - Policemen's and Firemen's Pensions Disability Calculation › Section 211-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the methodology used to calculate disability pensions
				paid from the municipal policemen's and firefighter's pension plans.
1.2. Authority. -- W. Va. Code §
									8-22-18a(g).
1.3. Filing Date. -- March 28,
				2014.
1.4. Effective Date. -- April
				28, 2014.
West Virginia Code of State Rules › Agency 211 - Municipal Pensions Oversight Board › Title 211 - PROCEDURAL RULE MUNICIPAL PENSIONS OVERSIGHT BOARD › Series 211-01 - Policemen's and Firemen's Pensions Disability Calculation › Section 211-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Member" means
				any paid police officer or firefighter participating in a municipal pension
				fund who has applied for disability retirement who's medical condition, injury,
				illness or mental condition qualifies that person unfit for duty under the
				standards set forth by National Fire Protection Association standard 1001 in
				effect at the time of the application for disability.
2.2. "Salary or compensation" means
				remuneration actually received by a member, plus the member's deferred
				compensation under sections 125, 401(k), 414(h)(2) and 457 of the United States
				Internal Revenue Code of 1986, as amended: Provided, that the remuneration
				received by the member during any twelve-consecutive-month period used in
				determining benefits, which is in excess of an amount which is twenty percent
				greater than the "average adjusted salary" received by the member in the two
				consecutive twelve-consecutive-month periods immediately preceding the
				twelve-consecutive-month period used in determining benefits, shall be
				disregarded.
2.3. "Year-one" means
				the second twelve-consecutive-month period preceding the
				twelve-consecutive-month period used in determining benefits.
2.4. "Year-two" means the
				twelve-consecutive-month period immediately preceding the
				twelve-consecutive-month period used in determining benefits.
2.5. "Year-three" means the
				twelve-consecutive-month period used in determining benefits.
2.6. "Active military duty" means at least
				one full year of continuous, chronological military service.
2.7. "Pension secretary" means the person
				appointed by the policemen's or firefighter's pension board of trustees to keep
				a full and permanent record of all the proceedings of the board.
2.8. "Municipal treasurer" means the
				treasurer or other municipal officer, exercising the power and authority
				commonly exercised by a treasurer. The municipal treasurer is custodian and
				fund fiduciary of all the assets of the municipal policemen's and firemen's
				pension and relief funds.
2.9.
				"Base salary" means remuneration received by a member, exclusive of all
				overtime and other remuneration.
2.10. "Total salary" means all remuneration
				received by a member, including any deferred compensation.
West Virginia Code of State Rules › Agency 211 - Municipal Pensions Oversight Board › Title 211 - PROCEDURAL RULE MUNICIPAL PENSIONS OVERSIGHT BOARD › Series 211-01 - Policemen's and Firemen's Pensions Disability Calculation › Section 211-1-3 - Qualified Military Experience

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Members qualify for benefit enhancement
				for up to four years of qualified military experience. To meet the criteria for
				qualified military experience, a member shall:
3.1.1. have been on active military
				duty;
3.1.2. have received an
				honorable discharged from the United States armed forces; and
3.1.3. if the member is returning to
				employment following active duty:
3.1.2.a.
				present himself or herself for resumption of duty to the appointing municipal
				officer within six months from his or her date of discharge, or within two
				years if the member has been hospitalized for, or was convalescing from, an
				illness or injury incurred in, or aggravated during military service;
				and
3.1.3.b. be accepted by two
				medical examiners, at least one of which is appointed by the oversight board,
				as being mentally and physically capable of performing the required duties as a
				member of the paid police or fire department at the time of hire or resumption
				of duty.
West Virginia Code of State Rules › Agency 211 - Municipal Pensions Oversight Board › Title 211 - PROCEDURAL RULE MUNICIPAL PENSIONS OVERSIGHT BOARD › Series 211-03 - Actuarial Purchasing Exemption › Section 211-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. - This procedural rule is to ensure certain controls and
				accountabilities are in place for the purchase of goods and services exempt
				from §5A-3 et seq.
1.2.
				Authority. - W.Va. Code §
									5A-1-12
				and §
									8-22-18a(g)
1.3. Filing Date. - August 6, 2020
1.4. Effective Date. - September 14,
				2020
West Virginia Code of State Rules › Agency 211 - Municipal Pensions Oversight Board › Title 211 - PROCEDURAL RULE MUNICIPAL PENSIONS OVERSIGHT BOARD › Series 211-03 - Actuarial Purchasing Exemption › Section 211-3-3 - Purchasing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All purchases of goods and services by
				the Municipal Pensions Oversight Board are subject to expenditure approval by
				either the Executive Director or by the Board Chair, after Board action at a
				legally authorized Board meeting. Purchases of actuarial services and purchases
				of actuarial services to review the existing actuary's work are specifically
				exempted from §5A-3 et seq of WV Code pursuant to WV Code §
									8-22-18(a)(b)(6)
				and §
									8-22-20(a).
3.2. Requirement for exempted purchases less
				than $25,000 will be procured as follows:
3.2.1. $0 - $2,500 No bids required
3.2.2. $2,500.01 - $10,000 Obtain three (3)
				verbal bids.
3.2.3. $10,000.01 -
				$25,000 Obtain three (3) written bids.
West Virginia Code of State Rules › Agency 211 - Municipal Pensions Oversight Board › Title 211 - PROCEDURAL RULE MUNICIPAL PENSIONS OVERSIGHT BOARD › Series 211-03 - Actuarial Purchasing Exemption › Section 211-3-4 - Award

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Staff prepares intent to award and notifies all responsible bidders.
4.2. The protest period begins and is set for
				5 business days.
4.3. If no
				protests are filed, the award is continued.
4.4. Staff prepares a contract with the
				successful bidder. Submits the contract to legal counsel for review.
4.5. Legal counsel reviews the proposed
				contract and negotiates with vendor's counsel if needed to comply with West
				Virginia state law. Staff receives final contract from legal counsel.
4.6. Staff sends two (2) original final
				contracts to successful vendor for signatures.
4.7. Staff submits two (2) original vendor
				signed contracts to the Chairperson of the Municipal Pensions Oversight Board
				or, if authorized, the Executive Director for signature.
4.8. Chairman of the Board or Executive
				Director signs two (2) original final contract documents.
4.9. The final contract is loaded in wvOASIS
				for subsequent payments.
4.10.
				Staff submits one (1) fully executed contract to the successful vendor which
				serves as the official notice to proceed.
4.11. Staff retains one (1) fully executed
				contract for record.
4.12. A timely
				notice will be sent to unsuccessful vendors via wvOASIS.
West Virginia Code of State Rules › Agency 213 - Enterprise Resource Planning Board, WV › Title 213 - LEGISLATIVE RULE WEST VIRGINIA ENTERPRISE RESOURCE PLANNING BOARD › Series 213-01 - Enterprise Resource Planning System User Fee › Section 213-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. - This rule authorizes the West
				Virginia Enterprise Resource Planning Board to charge a user fee for the
				operation and maintenance of the Enterprise Resource Planning (ERP)
				System.
1.2 Authority. - W. Va.
				Code §
									12-6D-2(7).
1.3.
				Filing Date. - April 14,2015
1.4.
				Effective Date. - April 14,2015
1.5. W. Va. Code §
									12-6D-2(7) authorizes
				the West Virginia Enterprise Resource Planning Board to establish a user fee
				for the maintenance of the Enterprise Resource Planning System established by
				the provisions of W. Va. Code §
									12-6D-1
et seq.
and
				developed, implemented and managed by the Board.
West Virginia Code of State Rules › Agency 213 - Enterprise Resource Planning Board, WV › Title 213 - LEGISLATIVE RULE WEST VIRGINIA ENTERPRISE RESOURCE PLANNING BOARD › Series 213-01 - Enterprise Resource Planning System User Fee › Section 213-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia
				Enterprise Resource Planning Board created by W. Va. Code
				§
									12-6D-1.
2.2. "Enterprise
				Resource Planning System" ("ERP System") means the comprehensive group of
				hardware, software and applications which collectively provide for the
				integration of data sources into a unified system that includes the state's
				financial management, procurement, personnel, payroll, budget development and
				other administrative business processes.
2.3. "Enterprise Resource Planning System
				Fund" ("Fund") means the fund created in the state treasury as authorized by W.
				Va. Code §
									12-6D-5.
West Virginia Code of State Rules › Agency 213 - Enterprise Resource Planning Board, WV › Title 213 - LEGISLATIVE RULE WEST VIRGINIA ENTERPRISE RESOURCE PLANNING BOARD › Series 213-01 - Enterprise Resource Planning System User Fee › Section 213-1-3 - User Fee Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board
				may assess a user fee to be imposed upon every spending unit of state
				government utilizing the ERP System, based upon the number of Full Time
				Equivalent (FTE) positions (filled and unfilled) assigned to that spending unit
				on July 1 of each year.
3.2. The
				amount of the user fee shall be established on an annual basis by the Board to
				determine whether any changes are required to maintain a sufficient balance in
				the Enterprise Resource Planning Fund during that fiscal year to meet the
				operational and maintenance requirements of the ERP System.
3.3. Any changes to the user fee shall be
				established by the Board in sufficient time to be included in the executive
				budget for the ensuing fiscal year.
3.4. The Board shall maintain all necessary
				documentation, including any cost or other financial schedules, that were used
				in determining the amount of the user fee.