reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-06 - Appeal Of Adverse Suitability Determination › Section 143-6-3 - Notice of Suitability Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Authorized Designee shall
				review the criminal history request form established by the Division
				of Personnel and make a preliminary suitability determination. If the
				criminal history request form completed by the subject individual
				contains information that would make her or him ineligible for
				employment, a suitability determination may be made without
				requesting a criminal history check.
3.2. Within ten (10) working days
				after receiving the criminal history reports, the Authorized Designee
				shall complete the notice of suitability determination form
				established by the West Virginia Division of Personnel and forward it
				to the subject individual. The notice of suitability determination
				form shall contain information regarding the opportunity for
				appeal.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-06 - Appeal Of Adverse Suitability Determination › Section 143-6-4 - Challenging a Suitability Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If a subject individual wishes
				to challenge an adverse suitability determination he or she may
				appeal the determination by requesting an administrative review. The
				appointing authority shall not fill the vacant position for which the
				subject individual applied until completion of the appeal process.
a. In order to request an
				administrative review, the subject individual or the subject
				individual's representative must complete and sign the Administrative
				Review Request, Form PRIA-1, (provided as Attachment A).
b. The subject individual must file
				the completed and signed PRIA-1 form with the Director not later than
				fifteen (15) calendar days after the notice of suitability
				determination has been received. The Director may extend the time to
				appeal if the Director determines the delay was caused by factors
				beyond the reasonable control of the subject individual.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule implements the provisions set forth in West
				Virginia Code § 5F-2-7 regarding the interdepartmental transfer
				of permanent state employees.
1.2. Authority. -- This rule is
				issued under authority of W. Va. Code §
									29-6-10
				and § 5F-2-7.
1.3.
				Filing Date. -- May 4, 2007.
1.4. Effective Date -- May 7,
				2007.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms used in this rule which are not included in
				  this section have the meaning given in the Administrative Rule of the
				  Division of Personnel, 143CSR1.
2.1. Involuntary Transfer: Any
				transfer under the provisions of this rule which is not agreed to, in
				writing, by the employee being transferred.
2.2. Permanent State Employee: Any
				person hired for permanent employment, either full or part-time, by
				any department, agency, commission or board of the state created by
				an act of the Legislature, except those persons employed by any
				higher education governing board or institution, uniformed members of
				the department of public safety, any employees of any constitutional
				officer and any employees of the Legislature.
2.3. Voluntary Transfer: Any
				transfer under the provisions of this rule which is agreed to, in
				writing, by the employee being transferred.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-3 - Authorization of Transfers

Current through Register Vol. XLI, No. 28, July 12, 2024
When it becomes necessary by reason of shortage of
				  work or funds, abolition of position, or material changes in duties
				  or organization, a department secretary, in lieu of or preliminary to
				  a layoff, may enter into an agreement with another department
				  secretary to transfer a permanent state employee from a position that
				  is to be consolidated or eliminated to a funded vacant position in
				  another department, in accordance with the provisions of this rule.
				  As the intent of this rule is, whenever possible, to provide
				  continuous employment for permanent state employees whose positions
				  are to be consolidated or eliminated instead of laying off those
				  employees, the Director of Personnel shall interpret this rule in a
				  manner consistent with existing law and rule regarding layoff.
3.1. Prior to an interdepartmental
				transfer due to consolidation or elimination of a position, the
				department secretary shall submit to the State Personnel Board for
				approval a description of the organizational unit or units to which a
				consolidation or elimination will apply and from which the transfer
				will be made. The organizational unit may be an entire agency,
				division, bureau, or other organizational unit.
3.2. Prior to the interdepartmental
				transfer of any employee, the department secretary shall file with
				the Director a proposed plan which shall include:
a. a statement of the circumstances
				requiring the consolidation or elimination;
b. the approved organizational
				unit(s) in which the proposed consolidation or elimination will take
				place;
c. a list of each
				job class affected by the consolidation or elimination;
d. a list of all employees, in
				order of retention, in each job class in the approved organizational
				unit affected by the consolidation or elimination;
e. the number of positions, by job
				class, to be eliminated or consolidated; and,
f. a copy of the proposed agreement
				to be entered into by the department secretaries between which the
				transfer is to be made, including the number of positions, by job
				class, into which employees are proposed to be transferred.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-4 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				After the Board has approved the organizational unit to which the
				consolidation or elimination will apply and the Director has notified
				the department secretaries of the approval of the proposed
				interdepartmental transfer plan, the secretary of the department from
				which the employee will transfer shall notify each affected employee
				of the consolidation or elimination and proposed transfer in writing
				at least fifteen days prior to the proposed transfer.
4.2. The approved proposed
				interdepartmental transfer plan to be followed by the department
				secretaries shall be provided by the department secretaries in
				writing, to any employee affected by the consolidation or
				elimination.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-5 - Order of Transfer

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. After the department secretary
				has determined the number of positions by job class to be
				consolidated or eliminated, and the Board has approved the
				organizational unit to which the consolidation or elimination will
				apply, and the Director has approved the proposed plan for the
				consolidation and elimination of positions and the transfer of
				employees, the order of transfer shall be applied in the following
				manner.
a. The department secretary
				shall first transfer affected employees voluntarily agreeing in
				writing to be transferred. In all cases employees in the affected job
				class shall be offered the opportunity to voluntarily transfer in
				order of most tenure as a permanent employee of a state agency or in
				the classified service.
b. If sufficient permanent
				employees in the affected job class in the approved organizational
				unit do not volunteer to be transferred, the department secretary may
				order an involuntary transfer. Selection of permanent employees for
				an involuntary transfer shall be from the affected job class in the
				approved organizational unit and in order of tenure as a permanent
				employee of a state agency or in the classified service consistent
				with statutory provisions regarding the receipt or withdrawal of a
				benefit. In all cases, employees will be retained in State
				employment, including employment in another department resulting from
				a voluntary or involuntary transfer, based on most tenure as a
				permanent employee of a state agency or in the classified service. An
				involuntary transfer may be rejected in writing by an employee if the
				involuntary transfer would require the employee to travel thirty
				miles or more, one way, than the distance, by customary route, the
				employee currently travels to his or her current job site.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-6 - Transfer Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Transfers of classified
				employees under the provisions of W. Va. Code §
									5F-2-7
				shall comply with the provisions of the Administrative Rule of the
				Division of Personnel, 143CSR1, except that any employee transferred
				under the provisions of W. Va. Code §
									5F-2-7
				shall receive the same level of benefits and rate of compensation or
				higher, and shall retain the same level of tenure.
6.2. A classified employee who is
				transferred under the provisions of W. Va. Code §
									5F-2-7
				shall retain his or her classified status.
6.3. A classified exempt employee
				who is transferred under the provisions of W. Va. Code §
									5F-2-7
				shall retain his or her classified exempt status provided that the
				transfer is made in accordance with the law. A classified exempt
				employee who is transferred to a position in the classified service
				must be appointed from a register, reinstated to the classified
				service, or added to the classified service in accordance with the
				law.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-7 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				department secretary shall report the names of all employees who are
				to be transferred out of his or her department to the Director of
				Personnel, in writing, no later than the date the department
				secretary notifies the employee of the transfer.
7.2. Upon completion of
				interdepartmental transfers made under the provisions of W. Va. Code
				§
									5F-2-7,
				the department secretary transferring employees out of his or her
				department shall report the details of such transfers to the Director
				of Personnel, including but not limited to, the names of employees
				voluntarily and involuntarily transferred, as well as all furniture
				and equipment transfers.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-8 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Employees shall initiate appeals from involuntary
				  interdepartmental transfers at level three of the Education and State
				  Employees Grievance Procedure as provided in W. Va. Code §
				  29-6A-1 et seq.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-07 - Interdepartmental Transfer Of Permanent State Employees › Section 143-7-9 - Post-Transfer Layoff

Current through Register Vol. XLI, No. 28, July 12, 2024
After all transfers have been completed, the
				  secretary of the department consolidating or eliminating positions
				  shall initiate a layoff in accordance with existing rule and law for
				  all remaining positions which are identified to be consolidated or
				  eliminated in the plan approved under the provisions of sub-section
				  3.3 of this rule.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-08 - Reimbursement Of Compensation Paid To State Employees For Training, Education And Professional Development › Section 143-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule implements the provisions set forth in West
				Virginia Code § 6C-4-1 et seq. by establishing a written
				agreement for reimbursement of compensation paid to state employees
				for training, education and professional development.
1.2. Authority. -- West Virginia
				Code § 6C-4-2(c) and § 29-6-10.
1.3. Filing Date. -- June 10,
				2009.
1.4. Effective
				Date. -- July 1, 2009.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the application and award criteria for disbursement of
				direct advertising grants for regional advertising from the "tourism promotion
				fund."
1.2. Authority. -- W. Va.
				Code §§
									5B-2-9 and
				5B-2-12.
1.3. Filing Date. -- April 12,
				2016.
1.4. Effective Date. -- April
				15,2016.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means a for profit or non-profit entity or organization located within the
				state that promotes tourism within the state and is also a destination. The
				term "applicant" may not include vendors that would be supplying services paid
				for out of grant funds, schools or camps.
2.2. "Application" means a written request
				for tourism promotion funds pursuant to this rule containing all forms,
				information and attachments executed by the applicant and all partners, if
				applicable.
2.3. "Amenity" includes
				spa services, golf courses, full- service restaurants, skiing or snow
				activities, tennis, horseback riding, hiking trails, boating or
				fishing.
2.4. "Attraction" means an
				entity which is at least one of the following:
2.4.1. A cultural or historic site or event
				which includes, but is not limited to, fairs or festivals, heritage and
				historic sites and museums;
2.4.2.
				Entertainment establishments which include, but are not limited to, pari-mutuel
				gaming establishments, live performing art centers, sporting organizations or
				arenas, vineyards or wineries, craft breweries, distilleries, and
				mini-distilleries;
2.4.3. Scenic or
				natural areas such as show caves or caverns;
2.4.4. Theme or Amusement Parks;
2.4.5. Zoos, Aquariums or Wild Animal
				Parks;
2.4.6. Recreational
				Activities, including but not limited to White water rafting, skiing and snow
				activities, mountain biking, hunting and fishing.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-4 - Application Review and Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Division shall review all
				applications for completeness and conformance to this rule. If an application
				is deemed to be incomplete or not in conformance with this rule, the Division
				may return the application to the applicant for additional information or
				otherwise contact the applicant and request the information required. The
				Commission reserves the right to deny or to defer consideration of any
				incomplete application or of any application that fails to conform to the
				appropriate rules and guidelines.
4.2. The Commission shall establish a
				subcommittee to evaluate and prioritize all applications that are complete and
				conform to guidelines. The subcommittee may include non-commission members, but
				the majority shall be Commission members. The chair of the subcommittee shall
				be a Commission member and shall report to the Commission the subcommittee's
				recommendations for each application considered.
4.3. With the exception of applications
				received under the small grants program established in §7.2 of this rule,
				or under the fairs and festivals grants program established in §7.3 of
				this rule, final approval of applications must be upon a vote of the
				Commission. Eligible and complete applications shall be evaluated and given
				priority by the subcommittee, using the following criteria:
4.3.1. The project demonstrates potential for
				a strong positive return on investment and is well researched.
4.3.2. The project promotes a viable tourism
				destination, attraction or festival.
4.3.3. The project is a part of the
				applicant's overall marketing plan.
4.3.4. The project includes repeat marketing
				efforts and the results from those efforts justify repeat handing. Applications
				for projects that include repeat marketing efforts shall contain information
				demonstrating that such repeat marketing efforts are in addition to regular
				ongoing advertising activities.
4.3.5. The geographic advertising markets
				appear reasonable and based upon research.
4.3.6. The project demonstrates how it will
				increase visitation, length of stay and/or tourism expenditures from outside a
				50-mile radius, or in a major out of state market.
4.3.7. The project includes tracking and
				evaluation measures.
4.3.8. The
				project will have a significant impact on the area's overall tourism
				efforts.
4.3.9. The project involves
				partnerships that leverage additional public/private investment.
4.3.10. The project supports advertising
				activities that are over and above regular ongoing advertising
				activities.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-5 - Match Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Applicant and partners must be able to
				provide the total project cost. Reimbursement from the grant is based on paid
				invoices submitted properly and in a timely manner to the Division. The match
				is up to 50% of qualified invoices reflecting approved advertising
				costs.
5.2. Cost overruns above the
				award amount shall be borne by the applicant unless the Commission grants prior
				approval in writing.
5.3. There
				shall be no changes in the project after the grant is awarded unless prior
				written approval of the Commission is obtained by the applicant. Changes to the
				project may not materially change the project's objective or goal. The request
				for changes must be in compliance with 8.4 of this rule.
5.4. The match shall be a cash match. No
				in-kind services may be utilized for the match.
5.5. State funds from any source may not be
				used for the match.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-6 - Eligible and ineligible expenditures of grant funds

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Grant funds may only be used to pay for
				eligible expenditures for direct advertising. Eligible expenses for direct
				advertising include, but are not limited to the following:
6.1.1. The costs of advertising on
				television, radio, or other telecommunications media, in newspapers, magazines
				or other print media, direct mail advertising, internet media, and outdoor
				advertising or any combination thereof;
6.1.2. The costs of purchasing and using
				mailing lists for direct mail promotions;
6.1.3. The costs for United States postage
				used for direct mail only. Reimbursement will be limited to the standard bulk
				mail rate;
6.1.4. The costs of
				printing travel related literature: Provided, That sixty percent (60%) of such
				literature is used as fulfillment for direct advertising within the approved
				application or approved request for modification of an approved application,
				and that all requests for printing are accompanied by three written bids, with
				written justification provided in the event that the lowest bid is not
				selected; or
6.1.5. Registration
				fees for consumer and trade shows: Provided, That the participation in such
				shows is for the purpose of attracting visitors to the
				state.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-7 - Grant Levels

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				There is hereby established a large grants program to be administered by the
				Commission. Awards under this program shall be considered by the Commission and
				the total project cost will be at least $20,000.00 and the applicant's and
				partner's combined share of the project cost is at least $10,000.00. The
				applicant and partner(s) must provide a minimum of 50 percent of the total
				project cost. Total grants awarded under this program shall be used by the
				applicant solely for advertising purposes. Large grant awards shall require the
				approval of the Commission. Grants must be received by established
				deadlines.
7.2. There is hereby
				established a small grants program to be administered by the Division. Awards V
				under this program shall not exceed $7,500 per applicant and no applicant shall
				receive more than one grant per fiscal year. The applicant and partner(s) must
				provide a minimum of 25 percent of the total project cost. Total grants awarded
				under this program in any fiscal year shall be used by the applicant solely for
				advertising purposes. Small grant awards shall require the approval of the
				director of the Division. Grant applications must be received by established
				deadlines. No applicant who has received a grant larger than $7,500 in any
				fiscal year may apply for a small grant under this section during the same
				fiscal year.
7.3. There is hereby
				established a Fairs and Festivals grants program to be administered by the
				Division. Awards under this program shall be limited to Fairs and Festivals,
				and grants shall not exceed $5,000 per applicant per year. The applicant must
				provide a minimum of 50 percent of the total project cost, but the requirements
				of subsection 5.5 of these rules shall not apply to the Fairs and Festivals
				grants program. Total grants awarded under this program shall be used by the
				applicant solely for advertising purposes. Fairs and Festivals grant awards
				shall require the approval of the Director of the Division. Grant applicants
				must be received by established deadlines.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-8 - Audit & Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The state reserves the right to
				review/audit an applicant's and/or partner's records, including financial
				statements and supporting records, relating to the project. Records, including
				financial statements and supporting records, must be retained by the applicant
				and all partners for a minimum of three years after the close of the
				project.
8.2. Upon discovery of any
				violation of the terms of the agreement, these rules, or state or federal law
				by the applicant or by any partner to the grant application, the state may
				terminate any project agreement and/or reject any future applications from such
				applicant or any partner to the grant application.
8.3. Approved grant recipients shall provide
				to the Division final written evaluations, as determined by the Commission at
				the time of grant approval, of the advertising program supported by the
				grant.
8.4. If the grantee
				determines that program changes are necessary to improve the overall
				effectiveness of the project, the grantee may submit a letter of request for
				program changes to the Division. The letter of request shall clearly be
				identified as a "Grant Modification Request" and shall contain a description of
				the proposed changes, i.e. a narrative describing why the changes would improve
				the overall effectiveness of the project; the original grant award number; and
				the date and amount of the original award. Modification requests shall be
				reviewed using, but not limited to the following criteria:
8.4.1. The Division shall consider no more
				than six letters of modification per grant.
8.4.2. Modification requests that involve the
				movement of media purchases may be granted at the discretion of the
				Division.
8.4.3. A modification
				request for an extension of the ending date of not greater than six months may
				be granted at the discretion of the Division, provided that said modification
				is submitted no later than thirty days prior to the ending project
				date.
8.4.4. Other modifications
				must be reviewed and approved by the Commission, or a designee of the
				Commission, with the exception of modification requests for increases in
				funding, which must be reviewed and approved by the Commission.
8.4.5. Modifications may be approved without
				the submission of a new project application but those requiring Commission
				approval must be submitted at least 30 days prior to the Commission
				meeting.
8.4.6. Increases in funding
				may not exceed the minimum match requirement for large grants ($10,000), or the
				maximum allowable match in the small grants ($2,500) or Fair and Festival
				grants ($5,000).
8.4.7. No
				modifications shall be granted after the end of the grant period.
8.4.8. Modifications for grants applied for
				under 7.2 and 7.3 of this rule shall be reviewed and approved by the
				Division.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-9 - Project Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Simultaneously with award, the Division
				shall enter into an agreement with the applicant, which includes, but is not
				limited to the following:
9.1.1. A statement
				that the information provided within the grant is true and correct, and that
				the applicant has read and understands this rule;
9.1.2. The grant amount;
9.1.3. A promise by the applicant and
				partners that no in-kind services have been used to match any portion of the
				grant;
9.1.4. An irrevocable promise
				of the applicant and partners to pay the approved expenses within the grant,
				and subsequently request up to 50% reimbursement of those expenses;
9.1.5. A promise by the applicant not to
				assign or transfer any of the rights, duties or obligations of the applicant
				without the written consent of the Commission, or, in the case of grants
				awarded under 7.2 and 7.3 of this rule, the Division;
9.1.6. A promise by the applicant not to
				amend the grant without the written consent of the
				Commission/Division;
9.1.7. A
				statement that the project must be completed by the ending project date, unless
				a written request for an extension is submitted no later than 30 days prior to
				the ending project date;
9.1.8. A
				statement that the applicant and partners indemnify and hold harmless the State
				of West Virginia and the Tourism Commissioners for any liability arising from
				the agreement.
9.1.9. A sworn
				statement from an authorized representative that the applicant has filed all
				reports for state grants received as required under § 12-4-14 of the West
				Virginia Code.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-01 - Direct Advertising Grants Program › Section 144-1-10 - Administration and Assistance by the Division of Tourism for the Tourism Promotion Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				The Division of Tourism shall utilize its staff to support the Cooperative
				Tourism Grant Program. The Division of Tourism shall report to the Commission
				regarding its staff, the advertising and promotion assistance rendered, and the
				management of the West Virginia welcome centers.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This rule establishes the
				procedures for the purchase of commodities and services by the Department of
				Tourism.
1.2. Authority. - W. Va.
				Code §5B-2I-4.
1.3. Filing
				Date. - December 7, 2021.
1.4.
				Effective Date. - January 6, 2022.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Best Value Procurement" means a
				purchasing method used in awarding a contract based on evaluating and comparing
				all established quality criteria where cost is not the sole determining factor
				in the award.
2.2. "Bid" or "Bids"
				mean anything that a vendor submits in response to a solicitation that
				constitutes an offer to the State and includes, but is not limited to,
				documents submitted in response to a request for quotation, proposals submitted
				in response to a request for proposal, or proposals submitted in response to an
				expression of interest, such as a request for proposal (RFP) or a request for
				quotation (RFQ).
2.3. "Department"
				means the Department of Tourism.
2.4. "Direct Award" means a procurement
				method allowing for the non-competitive purchase of commodities or services
				when only one vendor is reasonably determined to be able to supply the needed
				commodity or service under the circumstances or no other vendor is willing or
				available to replace the existing vendor without a detrimental effect on the
				Department.
2.5. "Non-responsible"
				means not having the capability to fully perform the contract requirements and
				lacking the integrity and reliability which will assure good-faith
				performance.
2.6. "Open-end
				Contract" means a contract that covers a period of time in which all terms,
				conditions, and prices are specified for quantity.
2.7. "Procurement Officer" means the
				Procurement Officer of the Department or anyone the Procurement Officer has
				designated to perform specific tasks or functions. This person or these persons
				may perform other functions in addition to procurement for the
				Department.
2.8. "Requisition"
				means a written or electronic request sent to the Procurement Officer for the
				purchase of commodities and services.
2.9. "Secretary" means the Secretary of the
				Department of Tourism.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-3 - Overview

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. W.Va. Code § 5B-2I4(l) provides
				that the Department of Tourism shall be exempt from the purchasing procedures
				required by W.Va. Code § 5A-3-1 et seq. Although exempt from the standard
				state purchasing procedures, this procedural rule sets forth the procedures for
				the purchase of commodities and services by the Department of
				Tourism.
3.2. W. Va. Code
				§5B-2I-4(k) provides that the Department of Tourism shall utilize, to the
				fullest extent practicable and efficient, existing resources of the Department
				of Commerce for functions necessary for the operation of the Department of
				Tourism but which functions are not directly related to the purposes of the
				Department of Tourism, and that the Department of Tourism may enter into such
				agreements with the Department of Commerce or other agencies of the state as
				may be necessary or advisable to utilize existing resources of this state.
				Therefore, existing agreements for commodities and services, or existing
				commodities and services, at the Department of Commerce or other agencies of
				this state may be utilized by the Department of Tourism for the benefit of the
				Department of Tourism in carrying out its powers and duties set forth in W. Va.
				Code §5B-2I-4.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-5 - Procurement of Advertising and Marketing Agencies, Consultants, Enterprises, Firms, or Persons

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				provisions of this section shall apply to the procurement of advertising and
				marketing agencies, consultants, enterprises, firms, or persons, as deemed by
				the Secretary, in his or her sole discretion, necessary or advisable to assist
				the Department in carrying out its powers and duties.
5.2. Requirement for purchases $250,000 or
				more.
5.2.1. In the procurement of services
				estimated to cost $250,000 or more, the Secretary shall encourage such
				advertising and marketing agencies, consultants, enterprises, firms or persons
				to submit an expression of interest, which shall include a statement of
				qualifications, including anticipated concepts and proposed advertising,
				marketing, and advertising campaigns. All potential contracts shall be
				announced by public notice published as a Class II legal advertisement in
				compliance with the provisions of W. Va. Code §59-3-1, et seq.
5.2.2. A committee of three to five
				representatives of the Department and/or the Tourism Advisory Council, as
				selected by the Secretary, shall evaluate the statements of qualifications and
				other materials submitted by interested firms and select three firms which, in
				their opinion, are best qualified to perform the desired service.
5.2.3. The committee shall then rank, in
				order of preference, the three firms selected and shall commence scope of
				service and price negotiations with the first ranked firm.
5.2.4. If the Department is unable to
				negotiate a satisfactory contract with the first ranked firm, at a fee
				determined to be fair and reasonable, price negotiations with the firm of
				second choice shall commence.
5.2.5. Failing accord with the second ranked
				firm, the committee shall undertake price negotiations with the third ranked
				firm.
5.2.6. If the Department is
				unable to negotiate a satisfactory contract with any of the selected firms, the
				office shall select additional firms in order of their competence and
				qualifications and it shall continue negotiations in accordance with this
				section until an agreement is reached.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-6 - General Procurement Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Purchases
				of $25,000 or less, except for those made pursuant to §145-17-5 of this
				rule, shall be subject to the following requirements:
6.1.1. Purchases of $25,000 or less per
				transaction for commodities and services may be made without processing the
				purchase as a formal solicitation, provided the purchase adheres to the
				purchasing procedures established by this rule.
6.1.2. A series of requisitions or
				procurements may not be intentionally used to circumvent competitive bidding or
				spending thresholds, otherwise known as stringing.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-7 - Registration, Advertising, Bidding, and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Registration of Vendors.
7.1.1. All vendors
				must register through the Vendor Self-Service portal, and pay any applicable
				fees for such registration, in order to receive payment under a contract with
				the Department. Vendors shall be required to disclose the information contained
				in W. Va. Code §5A-3-12, such as ownership, all names under which a vendor
				is doing business, their physical address, and its corporate offices.
7.1.2. The vendor must be licensed and in
				good standing in accordance with any and all state and local laws and
				requirements by any state or local agency of West Virginia, including, but not
				limited to, the West Virginia Secretary of State's Office, the West Virginia
				State Tax Department, West Virginia Office of the Insurance Commissioner, the
				West Virginia State Auditor, the West Virginia State Treasurer, or other state
				agencies or political subdivisions prior to being awarded a contract. The
				vendor must provide all necessary releases to obtain information necessary to
				verify that the vendor is licensed and in good standing with the above
				entities.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-8 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Procurement Officer may require the
				Department to attempt to resolve any issues that it may have with the vendor
				prior to pursuing a remedy contained herein. The Department must document any
				resolution efforts to be retained by the Procurement Officer.
8.2. Contract Cancellation.
8.2.1. The Procurement Officer may cancel a
				purchase or contract immediately under any one of the following conditions
				including without limitation:
8.2.1.a. The
				vendor agrees to cancellation.
8.2.1.b. The vendor has obtained the contract
				by fraud, collusion, conspiracy, or is in conflict with any statutory or
				constitutional provision of the State of West Virginia.
8.2.1.c. Failure to honor any contractual
				term or condition or to honor standard commercial practices.
8.2.1.d. The existence of an organizational
				conflict of interest is identified.
8.2.1.e. Funds are not appropriated, or an
				appropriation is discontinued by the legislature for the acquisition.
8.2.1.f. Violation of any federal, state, or
				local law, regulation, or ordinance.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-9 - Encumbrance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The appropriate account from which funds
				to pay for a contract will be taken must be designated prior to a contract
				being awarded, unless the contemplated contract is a type that cannot be
				encumbered as determined by the Procurement Officer.
9.2. Prior to issuing a contract, the
				Procurement Officer will verify the amount of funds encumbered is appropriate
				and the account being encumbered matches what the Department has
				requested.
9.3. Contracts must be
				encumbered prior to issuance in the following amounts:
9.3.1. A contract for a one-time purchase in
				the current fiscal year must encumber the full contract amount.
9.3.2. A contract that will span multiple
				fiscal years must encumber at least the amount of funds that will be spent
				under the contract in the current fiscal year.
9.3.3. A contract that will be awarded prior
				to the end of a current fiscal year but which will become effective after that
				same fiscal year has ended is not required to encumber funds prior to issuance
				of the contract.
West Virginia Code of State Rules › Agency 144 - Tourism › Title 144 - PROCEDURAL RULE WEST VIRGINIA TOURISM OFFICE › Series 144-03 - Purchasing Procedures › Section 144-3-10 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Commodities and Services Identified as
				"Not Possible to Bid."
10.1.1. The Department
				may purchase commodities and services determined to be not possible to bid
				directly from the vendor without advertisement or bid and are not required to
				have contracts for the purchase of those items $25,000 or less. For contracts
				valued greater than $25,000, contract documents are required.
10.1.2. Even though competitive bidding is
				not required for the Not Possible to Bid List, the Department must continue to
				appropriately document requirements associated with the applicable threshold of
				purchases of $25,000 or more unless otherwise noted with each item. For
				example, all vendors must applicable registration requirements to become
				vendors of the state.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-06 - Review By The Council For Community And Economic Development Of Infrastructure Projects To be Financed Through The Infrastructure Fund; Establishment of › Section 145-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This procedural rule establishes guidelines to be used by the
				Council in evaluating any request by a project sponsor for Infrastructure Fund
				assistance for the planning, design, acquisition, or construction of
				infrastructure projects and making recommendations for the funding of such
				projects through the Infrastructure Fund.
1.2. Authority. -- W. Va. Code §
									5B-2-3.
1.3. Filing Date. -- March 1, 2004.
1.4. Effective Date. -- March 1,
				2004.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-06 - Review By The Council For Community And Economic Development Of Infrastructure Projects To be Financed Through The Infrastructure Fund; Establishment of › Section 145-6-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- These procedural rules shall apply to the Council, the West
				Virginia Development Office, and all governmental bodies or persons applying
				for Infrastructure Fund assistance as made available pursuant to W. Va. Code
				§31-15A-__ (1995).
2.1.1. These
				procedural rules or any specific procedural rule may be modified or waived by a
				two-thirds vote of the Council when said Council deems it necessary and
				desirable to fulfill the intent of the Act.
West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-06 - Review By The Council For Community And Economic Development Of Infrastructure Projects To be Financed Through The Infrastructure Fund; Establishment of › Section 145-6-4 - Council Review of Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Preliminary Application. Prior to applying for or receiving any loan, loan
				guarantee, grant or other funding assistance for an infrastructure project from
				the Infrastructure Fund, the sponsor of an infrastructure project must submit a
				preliminary application on the Infrastructure Council's preliminary application
				form as required by Section 3.1 of Infrastructure Council's Emergency Rules or
				any subsequently approved Legislative Rule (Title 167, Series 1, §
									167-1-3 ).
4.2. Preliminary Application Review. Upon
				receipt of a complete preliminary application for an infrastructure project
				requesting assistance from the Infrastructure Fund, the Development Office
				shall add the infrastructure project to the agenda for the Council's next
				meeting, if the application is received at least twenty (20) business days
				prior to the Council's meeting. Copies of each application shall be made
				available for Council members' review prior to the regularly scheduled meeting
				at which the infrastructure project will be considered.
4.3. Preliminary Application Review.
				Following review of a complete preliminary application for an infrastructure
				project, the Council shall provide its written recommendation regarding
				approval and infrastructure project funding.
4.4. Recommendation to Infrastructure
				Council. The Council shall make a written recommendation for each
				infrastructure project and, if it approves the infrastructure project, the
				amount or amounts, and the type and kind of financing from the infrastructure
				subaccount of the Infrastructure Fund.
4.5. Priorities. The Council shall review and
				recommend infrastructure projects using the following criteria:
4.5.1. Priority consideration shall be given
				to infrastructure projects that result in immediate job creation;
4.5.2. Infrastructure projects that do not
				immediately create jobs but provide the opportunity for economic growth and job
				creation, i.e., shell buildings, business and industrial parks;
4.5.3. Infrastructure projects that are
				likely to foster and enhance economic growth and development.