West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-14 - Procedural Rules For The Workers' Compensation Board Of Managers › Section 85-14-4 - Meetings; Rules of Order; Selection of Vice-Chairperson

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Meetings of the Board may be called by
				the chairperson, and the chairperson shall call a meeting upon the request of
				at least three (3) of the Members of the Board: Provided that, the Board must
				meet no less frequently than once every three (3) months. All meetings shall be
				held at locations and in facilities large enough to comfortably accommodate
				Members and Advisory Members and a reasonable number of public observers and
				participants.
4.2. The chairperson
				shall notify Members and Advisory Members in writing at least seven (7) days in
				advance of a meeting. The notice shall set forth the time and place of such
				meeting and the matters to be considered, except that such notice is not
				required if the time, the place, and the matters for consideration have been
				fixed in a meeting where all the members and advisory members are
				present.
4.3. The chairperson shall
				notify the public and the news media by filing with the office of the Secretary
				of State a public notice of the meeting. The notice shall be filed in a manner
				so as to allow each notice to appear in the state register at least five days
				prior to the date of the meeting. The public notice shall contain the time, the
				place, and purpose of the meeting. A copy of the notice shall be delivered to
				the press room located in the Capitol Building.
4.4. The provisions of this section shall not
				apply in the event of an emergency requiring immediate official action by the
				Board. In the event of an emergency requiring immediate official action, the
				Board may file an emergency meeting notice at any time prior to the meeting.
				The emergency meeting notice shall state the time, place, and purpose of the
				meeting and the facts and circumstances of the emergency. A copy of the notice
				shall be delivered to the press room located in the Capitol Building.
4.5. Meetings may be continued to a set time
				and place by an affirmative vote of six (6) Members without further notice to
				the Members and Advisory Members and without further publication unless such
				continued meeting is scheduled for more than fourteen (14) days from the date
				of the voting.
4.6. All Members and
				Advisory Members present at a meeting shall have the same right to participate
				in discussion of matters before the Board.
4.7. The Board shall consider any matter
				brought before it by the chairperson or any Member or Advisory Member and may
				consider, at its discretion, any matter referred to it by a person not a Member
				or Advisory Member of the Board.
4.8. Meetings of the Board shall be conducted
				in accordance with the most recent edition of Robert's Rules of
				Order.
4.9. The Members of the
				Board shall select from one of their number a member to serve as chairperson
				and vice-chairperson. The vice-chairperson shall preside in the absence of the
				chairperson. The terms of the chairperson and vice-chairperson shall be for one
				year; from October 1 to September 30; but the incumbent shall continue to serve
				until replaced. A vacancy may be filled by electing a new chairperson or vice-
				chairperson for the remainder of a term. A Member may be reelected as
				chairperson or vice-chairperson. The Members of the Board also shall select
				from one of their number a Member to serve as secretary. The term of the
				secretary shall be for one year; from October 1 to September 30; but the
				incumbent shall continue to serve until replaced. A vacancy may be filled by
				electing a new secretary for the remainder of a term. A Member may be reelected
				as secretary.
4.10. To allow more
				Members and Advisory Members of the Board to participate in public meetings and
				hearings the Board will allow Members and Advisory Members to participate using
				the telephone provided at least four Members of the Board are physically
				present in the room where the public meeting is being held, and the sound
				system in the room and the electronic equipment is such that the Members and
				Advisory Members participating electronically can hear what is being said by
				all Members and Advisory Members participating in the meeting and any person
				from the public making a presentation or answering questions of the Board, and
				all of the Members and Advisory Members and the public physically present in
				the meeting or hearing room can reasonably hear what is being said by the
				Member(s) and Advisory Member(s) who is participating electronically.
4.11. A Member participating telephonically
				in a meeting may vote for or against any motion offered by a Member that is
				seconded by another Member. The moving Member and the seconding Member may be
				physically present or be participating telephonically or be any combination
				thereof.
4.12. In an effort to
				achieve desired efficiencies, the Chairperson will endeavor to set the meetings
				of the full Board in the afternoon with any necessary subcommittee meetings to
				take place in the morning of the same day.