reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Chancellor.
				The individual employed as Chancellor for Higher Education pursuant to W. Va.
				Code §
									18B-1B-5.
2.2. Commission. West Virginia Higher
				Education Policy Commission.
2.3.
				Energy and water conservation measures. Goods or services, or both, to reduce
				energy and water consumption operating costs of an institution's facilities.
				They include, but are not limited to, installation of one or more of the
				following:
2.3.1. Insulation of a building
				structure and systems within a building;
2.3.2. Storm windows or doors, caulking or
				weather stripping, multiglazed windows or doors, heat-absorbing or
				heat-reflective glazed and coated window or door systems, or other window or
				door modifications that reduce energy consumption;
2.3.3. Automatic energy control
				systems;
2.3.4. Heating,
				ventilating or air conditioning systems, including modifications or
				replacements;
2.3.5. Replacement or
				modification of lighting fixtures to increase energy efficiency;
2.3.6. Energy recovery systems;
2.3.7. Cogeneration systems that produce
				steam or another form of energy for use by any tenant in a building or complex
				of buildings owned by an institution;
2.3.8. Energy-conservation maintenance
				measures that provide long-term operating cost reductions of the building's
				present cost of operation; or
2.3.9. Water saving devices and fixtures,
				improvements to infrastructure to minimize water loss, and devices to monitor
				and control usage.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-3 - Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The provisions
				of this rule apply to the state institutions of higher education under the
				jurisdiction of the Higher Education Policy Commission and the Council for
				Community and Technical College Education.
3.2. The Energy and Water Savings Revolving
				Loan Fund Program shall be administered by the chief financial officer under
				the general direction of the Chancellor.
3.3. The program shall be operated as a
				revolving loan fund to provide loans to state institutions of higher education
				to finance energy and water conservation measures that will achieve significant
				reductions in campus energy and water consumption and costs.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-4 - Establishing an Energy Usage Baseline and Identification of Energy and Water Conservation Measures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				institution interested in applying for a loan shall establish an energy and
				water usage baseline for the campus and for each facility from which energy and
				water savings shall be measured. The baseline shall show the actual monthly
				energy and water usage for at least the past three years, or the past five
				years if the records are available.
4.2 The institution shall conduct a survey to
				identify and quantify energy and water conservation measures for each campus
				facility.
4.3. Once the energy and
				water usage baseline and general campus survey are complete, the institution
				shall rank the energy and water conservation measures in order of potential
				energy and water savings from highest to lowest.
4.4. The institution may enter into a
				contract with a qualified provider or consultant to assist in identifying and
				quantifying the potential energy and water savings of each energy and water
				conservation measure.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-5 - Eligibility Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. To be
				eligible for an energy and water savings loan an institution must:
5.1.1. Submit an application to the
				Commission in a form required by the Commission;
5.1.2. Specifically identify the energy and
				water conservation measure(s) the loan will finance; and
5.1.3. Demonstrate that the potential energy
				and water conservation measure(s) will generate sufficient savings to meet the
				payback requirements of this section.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-6 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commission
				will begin taking applications for the initial loans July 1, 2009 and the
				application period will remain open until December 31, 2009.
6.2. Approved applications not funded after
				the initial evaluations shall remain active and will be reconsidered as funds
				become available.
6.3. Institutions
				will be notified when additional funds become available and may update existing
				loan applications at that time or submit additional applications.
6.4. Applications shall be made for loans of
				no less that $50,000 nor more than $1 million.
6.5. During the first year of the program,
				only one application from each institution will be funded unless all available
				funds are not utilized.
6.6. The
				application shall include, at the least:
6.6.1. A detailed description of the energy
				and water conservation measure(s), including location, start date, anticipated
				completion date, cost, and method of construction, renovation or
				upgrade;
6.6.2. Calculations
				demonstrating the amount of savings anticipated and the required payback
				period;
6.6.3. Certification by a
				qualified provider or consultant that the savings' calculations and payback
				projections are accurate and reasonable;
6.6.4. The amount of loan sought;
6.6.5. The amount of institutional funds,
				including federal and other funds legally available for this purpose, if any,
				that will also be dedicated to the project; and
6.6.6. Proposed repayment schedule based upon
				payments being generated from realized savings.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-7 - Evaluation Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				applications will be evaluated by Commission staff using the following
				criteria:
7.1.1. Greatest energy or water
				savings attained per dollar loaned;
7.1.2. Shortest loan repayment
				periods;
7.1.3. Reliability of the
				savings and payback calculations;
7.1.4. Extent of the energy and water
				conservation measure's institution-wide effect; and
7.1.5. The amount of institutional funds,
				including federal and other funds legally available for this purpose, if any,
				that can also be dedicated to the project to increase the total potential
				savings.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-8 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Upon final
				implementation of the energy and water conservation measure(s) financed by a
				loan provided for by this rule, the institution shall report to the Commission
				the completion date, the date energy or water savings are expected to start
				accruing, and the total final costs of the energy and water conservation
				measure(s).
8.2. On each
				anniversary date of the completion of an energy and water conservation measure
				financed under this rule, the institution shall provide a report to the
				Commission indicating:
8.2.1. Prior average
				monthly energy or water consumption and costs that the energy and water
				conservation measure was intended to decrease;
8.2.2. Actual monthly energy or water
				consumption and costs after the energy and water conservation measure was
				implemented, adjusted by any increases or decreases in utility or energy or
				water unit costs; and
8.2.3. Total
				yearly savings realized in energy and water consumption and costs.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-50 - Energy And Water Savings Revolving Loan Fund Program › Section 133-50-9 - Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The initial
				loans granted shall be repaid at an interest rate of zero percent a year on the
				unpaid balance. The Commission may increase this interest rate in subsequent
				years for new loans to a rate not to exceed four percent.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-51 - Bookstores And Textbooks › Section 133-51-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				establishing process and guidelines for institutions to adopt rules governing
				the selection, adoption, use and sale of textbooks and other course
				materials.
1.2. Authority. -- W.
				Va. Code §§
									18B-1B-4;
				18B-10-14.
1.3. Filing Date. -- April 27,
				2010.
1.4. Effective Date. -- May
				27, 2010.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-51 - Bookstores And Textbooks › Section 133-51-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. To require
				institutions to promulgate rules that fully and adequately address the mandates
				in W. Va. Code §
									18B-10-14 regarding
				the operation of bookstores and the actions of employees of the institution in
				the selection and adoption of textbooks and course materials.
2.2. To require institutions to promulgate
				rules that will effectuate the mandates regarding textbooks and supplementary
				course materials set out by Congress in the Higher Education Opportunity Act
				(HEOA) enacted on August 14, 2008, and any successor to that Act.
2.3. To require institutions to promulgate
				rules addressing the recommendations of the Statewide Task Force on Textbook
				Affordability contained in the final report of that Task Force jointly adopted
				by the Higher Education Policy Commission (Commission) and the Council for
				Community and Technical College Education.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-51 - Bookstores And Textbooks › Section 133-51-3 - West Virginia Code Mandates

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Each institutional governing board under the jurisdiction of the Commission
				shall promulgate rules that fully and adequately address the statutory mandates
				of W. Va. Code §
									18B-10-14.
				Specifically, these rules shall, at a minimum:
3.1.a. Provide specific mechanisms to ensure
				that bookstores operated at institutions under the governing board's
				jurisdiction minimize the costs to students for textbooks and course materials.
				To that end, the governing board rule shall:
3.1.a.1. Commit, to the maximum percent
				practicable, the number of used books the bookstore will repurchase from
				students at the end of each semester;
3.1.a.2. Commit, to the maximum percent
				practicable, a range of percentage repurchase prices based on the new textbook
				price;
3.1.a.3. Commit, to the
				maximum percent practicable, to a selection procedure that will ensure certain
				basic textbooks will be utilized for a reasonable number of consecutive years
				without new editions being adopted, or selection of basic textbooks where
				earlier editions are easily and appropriately utilized in the
				courses.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-51 - Bookstores And Textbooks › Section 133-51-4 - Federal Mandates

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				institutional governing board under the jurisdiction of the Commission shall
				promulgate rules that fully and adequately address the federal mandates
				regarding textbooks contained in the Higher Education Opportunity Act of 2008 (
				Public Law
				110-315 ). Specifically, these rules shall, at a
				minimum:
4.1.a. Provide that textbook
				publishers soliciting any employee of the governing board to select textbooks
				or supplemental course material provide that employee, in writing:
4.1.a.1. The price of the textbook and
				supplemental course materials;
4.1.a.2. The copyright dates of the three
				previous editions, if any;
4.1.a.3.
				A description of substantial content revisions from the previous
				editions;
4.1.a.4. Whether the
				textbook is available in other lower-cost formats and, if so, the price to the
				institution and the general public;
4.1.a.5. The price of textbooks unbundled
				from supplemental material; and
4.1.a.6. The same information, to the extent
				practicable, for custom textbooks.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-51 - Bookstores And Textbooks › Section 133-51-5 - Textbook Affordability Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each institution shall establish a
				permanent Textbook Affordability Committee consisting of faculty, students,
				administrators and bookstore representatives which shall meet periodically, but
				at least annually, to advise the faculty senate, student government,
				administration, and institutional board of governors on affordability issues
				and initiatives, textbook selection guidelines and strategies, and educational
				opportunities.
5.2. The governing
				board shall annually meet with the Textbook Affordability Committee to receive
				any recommendations or reports it may have generated and copies of any such
				recommendations and reports shall be transmitted to the Chancellor of the
				Commission.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-51 - Bookstores And Textbooks › Section 133-51-7 - Deadline

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The rules
				required by this rule shall be adopted by each governing board within 180 days
				of the effective date of this rule.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -
				This rule establishes the policy regarding annual reauthorization of
				degree-granting institutions which offer degrees above the associate
				level.
1.2. Authority. - West
				Virginia Code §
									18B-4-7.
1.3. Filing Date. -March 1, 2023.
1.4. Effective Date. - April 1, 2023.
1.5 Sunset Date. - This rule shall
				terminate and have no further force or effect on April 1,
				2028.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				"Accreditation" means a review of the quality of higher education institutions
				and programs to ensure that such institutions meet acceptable levels of
				quality, which is attained by the institution through meeting standards set by
				a nongovernmental entity (i.e., an accrediting organization recognized by the
				U.S. Department of Education) as well as federal and State government agencies
				authorized to set such standards.
3.2. "Authorization" means the status
				attained by the institution that allows the institution to offer postsecondary
				programs and courses within the State of West Virginia. This status is granted
				by the Higher Education Policy Commission when the institution demonstrates
				compliance with the requirements for such status.
3.3. "Chancellor" means the Chancellor for
				Higher Education as that term is defined by W. Va. Code §
									18B-2-1 or his or her
				designee.
3.4. "Commission" means
				the West Virginia Higher Education Policy Commission.
3.5. "Council" means the West Virginia
				Council for Community and Technical College Education.
3.6. "Degree" means any earned award
				conferred by a higher education institution which represents satisfactory
				completion of the requirements of a program, or course of study, or any
				instruction beyond or apart from the secondary level of greater duration than
				eleven months of full-time study.
3.7. "Institution" means any person, firm,
				corporation, association, agency, institute, trust, or other entity of any
				nature whatsoever offering education beyond the secondary level which:
3.7.a. Offers courses or programs of study or
				instruction which lead to or which may reasonably be understood to be
				applicable toward a baccalaureate, masters, doctorate, or other specialized
				certification or degree designation above the associate's degree level;
				or
3.7.b. Operates a facility as a
				college or university or other entity in the State of West Virginia which
				offers degrees or other indicia of a level of educational attainment beyond the
				secondary school level; or
3.7.c.
				Uses the term "college" or "university," or words of like meaning in its name
				or in any manner in connection with its academic affairs or business.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-4 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any
				institution fully authorized by the Commission to operate in West Virginia
				prior to the effective date of this rule is subject to the provisions of this
				rule pertaining to reauthorization except as provided in subsection
				4.2.
4.2. The following
				institutions shall be exempt from the provisions of this rule:
4.2.a. Correspondence, business, occupational
				and trade schools which are regulated under West Virginia Code §
										18B-2B-9 and 135 C.S.R. 35,
Business, Occupational and Trade Schools
.
4.2.b. Out-of-state institutions:
4.2.b.1. Offering courses through brokering
				or other collaborative arrangements with a West Virginia public institution of
				higher education and which support programmatic offerings of the State
				institution;
4.2.b.2. Offering a
				short course or seminar in which the instruction for the segment takes no more
				than 20 classroom hours and is not for college credit;
4.2.b.3. Offering courses or programs on a
				military installation solely for military personnel or civilians employed on
				such installation;
4.2.b.4.
				Offering courses or programs at a location in West Virginia by the authority of
				the Commission for a designated period of time; or
4.2.b.5. Offering online courses or programs
				with Commission approval for a specified period of time.
4.2.c. Non-Degree granting institutions whose
				programs are designed primarily for job entry or upgrading of skills and are
				described in clock (contact) hours. These programs typically prepare
				individuals for employment and do not require courses beyond those specific to
				the job or its field with program length sufficient to effect
				outcomes.
4.2.d. A religious,
				theological, or faith-based institution which meets the criteria for exemption
				outlined in 133 C.S.R. 20,
Initial
Authorization of
				Degree-Granting Institutions,
and offers no degree programs other than
				those specifically related to the institution's doctrine.
4.2.e. Those institutions subject to annual
				reauthorization by the West Virginia Council for Community and Technical
				College Education, pursuant to W. Va. Code §
										18B-4-7 and 135 C.S.R. 52,
Annual Reauthorization of Degree-Granting
				Institutions
.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-5 - Annual Reauthorization

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All authorized
				institutions, except West Virginia public universities and those previously
				exempted in subsection 4.2 of this rule, must annually submit a reauthorization
				application report in a format prescribed by the Chancellor. The annual
				reauthorization year will be from July 1 through June 30, with the 2012-2013
				year being the initial reporting year. The annual application is due each
				November 1 and must be accompanied by an annual fee as provided in section 9 of
				this rule.
5.2. Reauthorization
				applications postmarked after November 1 or other due date will be assessed a
				late renewal fee as prescribed in section 9 of this rule.
5.3. Upon request by the Commission,
				authorized institutions must provide documentation necessary to assess the
				performance of the institution.
5.4. The reauthorization application shall
				include the following:
5.4.a. Name and address
				of the institution of higher education;
5.4.b. Chief executive officer's name, title,
				address, phone number, and email address;
5.4.c. Institutional liaison's name, title,
				address, phone number, and email address;
5.4.d. Verification of current accreditation
				status and copy of latest annual Higher Learning Commission Institutional
				Update Report;
5.4.e. Full and
				part-time student enrollments of resident and non-resident students for each
				term during the most recent reporting year;
5.4.f. A current schedule of fees and charges
				for tuition;
5.4.g. First to second
				year retention rates for first-time, full-time certificate and degree-seeking
				students for the most recent year;
5.4.h. Graduation rates for undergraduate
				degree-seeking first-time, full-time freshmen for the most recent graduating
				six-year cohort year;
5.4.i.
				Licensure pass rates for completion of all professional programs, e.g.,
				education, nursing, and engineering, for the most recent year;
5.4.j. A plan for the retention, custody, and
				retrieval of student records, including but not limited to academic
				transcripts, financial aid documents, international student forms, and tax
				information, in the event of closure of the institution or discontinuance of
				service. The plan shall include a method by which students and alumni of the
				institution will be able to retrieve such records upon request; and
5.4.k. Any additional information or data as
				deemed necessary.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-7 - Dissemination of Institutional Information

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commission
				shall make available to the public information on matters of institutional
				performance that are not confidential and not restricted by federal or state
				laws or regulations. Such information may be posted on the Commission's website
				or disseminated through other appropriate venues.
7.2. The Commission office shall maintain a
				list of institutions authorized to grant degrees and shall make such list
				available to the public.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-8 - Change of Ownership and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Authorization
				of an institution terminates when a change in ownership or control of the
				institution changes from that indicated on the institution's most recent
				reauthorization application unless the institution files an application within
				10 business days after the change of ownership or control. Such institution
				shall submit an application reflecting the change in ownership and control and
				an application fee of $500.
8.1.a. If an
				institution files an application requesting approval of a change of ownership
				and control more than 10 business days after such change takes effect, the
				authorization terminates and such an application will be considered as an
				application for authorization and the institution shall pay the fees specified
				in 133 C.S.R. 20,
Initial Authorization for Degree-Granting
				Institutions
.
8.1.b. An
				authorized institution shall notify the Commission of any anticipated change in
				ownership or control at least 30 days prior to the change in ownership and
				control.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-9 - Reauthorization Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				non-refundable fee of $500 shall accompany the submission of the annual
				application report for reauthorization.
9.2. Failure to file the annual report or to
				pay the report fee shall be sufficient grounds for denial of reauthorization or
				suspension or revocation of degree granting authority. An institution filing a
				report that is postmarked after the November 1 due date will be assessed a late
				fee of $300.
9.3. The annual fee
				and annual report requirements shall be applicable for all years of
				authorization through the Commission.
9.4. Public institutions located in West
				Virginia are exempt from the requirement of payment of reauthorization fees as
				provided in this section.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-10 - Sanctions and Termination of State Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Intermediate
				sanctions. - If an institution fails to comply with the provisions for
				reauthorization in this rule, the Commission may progressively impose one or
				more of the following sanctions.
10.1.a.
				Require the submission and implementation of an improvement plan to address or
				correct problems identified by the Commission; and/or
10.1.b. Suspend the ability of an institution
				to enroll students for one or more of the approved programs offered by the
				institution.
10.1.b.1. In addition to the
				foregoing, the Commission may suspend the ability of an institution to enroll
				future students and deny reauthorization for the next year if any of the
				following occur:
10.1.b.1.a. The institution
				fails to provide to the Commission an approved teach-out plan within the
				requisite time after being notified by its accreditor or the Commission that it
				needs to do so;
10.1.b.1.b. The
				institution continuously fails to provide essential student services in a
				timely manner, including without limitation processing transcript requests or
				financial aid; or
10.1.b.1.c. The
				institution fails to comply with State or federal wage and hour laws or
				employee compensation contracts or the statutory requirements regarding any
				required subscription to the Unemployment Compensation Fund or workers'
				compensation insurance, the payment of premiums or other charges as required to
				maintain such coverage, the timely filing of payroll reports, or the
				maintenance of adequate deposits.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-11 - Notification and Deposit of Records Upon Discontinuance of Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If an
				authorized institution, branch campus, or extension program of an authorized
				institution discontinues operation in this State, its chief executive officer
				shall notify the Commission of the date of discontinuance and the name and
				address of the agency where records will be maintained.
11.2. Institutions shall permanently maintain
				their records so that authorized parties may obtain copies thereof. Such
				records shall include, but not be limited to, information pertaining to the
				admission of each student and former student and the educational record of each
				student and former student. Institutions shall retain financial aid records of
				each student and former student in accordance with State and federal
				law.
11.3. When an institution
				decides to cease postsecondary education operations, it must assist students to
				find alternative means to complete their studies with a minimum of disruption
				and inform the Commission of the following:
11.3.a. The planned date of termination of
				postsecondary education operations;
11.3.b. The planned date for the transfer of
				student records;
11.3.c. The name
				and address of the organization to receive and hold the student records, if
				different from the institution itself; and
11.3.d. The official at the organization who
				the institution has designated as the records custodian to provide official
				copies of records or transcripts upon request.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-52 - Annual Reauthorization of Degree-Granting Institutions › Section 133-52-12 - Notification: Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Once the
				Commission has received and verified the accuracy of information constituting
				any of the grounds for adverse action identified in this rule, the Commission
				shall notify the institution and its owner in writing of its intent to
				recommend denial, suspension, or revocation of reauthorization or other adverse
				action and the grounds for such recommendation.
12.1.a. The owner of the institution may,
				within 10 business days of receipt of such notice, request a hearing upon the
				recommended action. Such hearing, if requested, shall be commenced by the
				Chancellor within 20 business days of such request at a location designated by
				the Chancellor.
12.1.b. The hearing
				shall be conducted by the Chancellor pursuant to the West Virginia
				Administrative Procedures Act, W. Va. Code §
										29A-5-1, et seq.
12.1.c. The Chancellor may continue the
				hearing at the request of the institution for good cause shown. Continuance
				shall not be granted as a matter of right.
12.1.d. If the owner or a representative of
				the institution does not request a hearing within the requisite time period,
				the recommendation of the Chancellor shall be deemed unchallenged by the
				institution and reported to the Commission for final action.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-53 - Human Resources Administration (Repealed) › Section 133-53-9 - Compensation: Classified Market Salary Structure and Minimum Salary Schedule (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-53 - Human Resources Administration (Repealed) › Section 133-53-11 - Full Funding: Temporary Higher Education Classified Employee Annual Salary Schedule (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-54 - Campus Safety Procedures › Section 133-54-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-- This
				rule establishes guidelines and procedures that will direct institutional
				planning and response to on-campus emergencies at public four-year higher
				education institutions in West Virginia.
1.2. Authority.-- West Virginia Code §
									18B-1-6(c)(3).
1.3. Filing Date. -- October 31,
				2019.
1.4. Effective Date.--
				December 1, 2019.
1.5. Repeal of
				Former Rule. -- Repeals and replaces Title 133, Series 54, dated September 7,
				2018.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-54 - Campus Safety Procedures › Section 133-54-3 - Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following
				will guide the further development and coordination of emergency preparedness
				and response, and establishment of a COOP associated with natural and violent
				incidents on-campus:
3.1.a. All institutions
				are required to report any major emergency to the Chancellor or the Executive
				Vice Chancellor for Administration within a reasonable time from the initiation
				of the incident, and/or when it is safe and practicable to do so.
3.1.b. All institutions are required to have
				an emergency plan in place that addresses, but it is not limited to, the
				following: natural disasters, such as earthquakes, flooding, or tornados;
				violent acts, such as active shooters and hostage situations; and health
				related emergencies, such as the outbreak of an infectious disease.
				Additionally, all institutions are required to have a COOP in place that
				addresses the performance of essential functions during all-hazards emergencies
				or other situations that may disrupt normal operations. A public version of the
				emergency plan is to be made available on the institution's website; this
				version would not contain sensitive information that could be used to cause
				harm.
3.1.c. All institutions are
				required to annually review their emergency plans and COOP.
3.1.d. Faculty, staff, and students should be
				offered training concerning emergency procedures, especially how to react to
				violent acts on-campus.
3.1.e. All
				institutions are required to hold at least one campus-wide emergency drill each
				year. The simulation should be inclusive of faculty, staff, students, and
				members of the state and local emergency response community.
3.1.f. All institutions are required to
				develop and maintain a threat assessment committee/team. The purpose of this
				committee is to meet on a regular basis to discuss potential human and physical
				threats to the campus community.Additionally, this team should address issues
				associated with the COOP, including but not limited to essential functions,
				orders of succession, delegates of authority, continuity of facilities and
				communications, vital records management, and human capital. A threat
				assessment committee should consist of, but is not limited to, campus
				leadership who direct academic affairs, campus safety and security, student
				conduct, student health, and facilities.
3.1.g. The Commission will actively provide
				training and resources associated with emergency planning and response and
				Continuation of Operations (COOP) best practices as
				requested.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-54 - Campus Safety Procedures › Section 133-54-4 - Emergency Situations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				president, in conjunction with local or state public safety officials, has the
				authority to comply with the emergency situation and close the institution.
				Such a declaration will be transmitted to the Chancellor or to the Executive
				Vice Chancellor for Administration. The president, working with public safety
				officials, will determine when the emergency condition no longer
				exists.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes policy in a number of areas regarding human resources
				administration for the employees of the West Virginia Higher Education Policy
				Commission (Commission) and the public higher education institutions in West
				Virginia under the jurisdiction of the Commission. It also provides guidelines
				for governing boards relative to decisions pertaining to public higher
				education employees.
The primary responsibility for implementation rests with the
				  Commission, in consultation with the West Virginia Council for Community and
				  Technical College Education (Council), who shall provide leadership and
				  assistance to the human resources professionals, presidents and boards of
				  governors of each organization to bring about the changes successfully and to
				  support the human resources function of each organization.
1.2. Authority. -- West Virginia Code §
									18B-1B-6, §
									18B-4-2 a, §18B-7,
				§18B-8, §18B-9A and §18B-9B.
1.3. Filing Date. -- March 2, 2023.
1.4. Effective Date. -- April 2,
				2023.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on April 2,
				2028.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The intent
				of this rule is to establish human resources policies applicable to public
				higher education capable of, but not limited to, meeting or assisting the
				governing boards in the following objectives.
2.1.a. Implementing contemporary programs and
				practices to reward and incentivize performance and enhance employee
				engagement;
2.1.b. Providing
				benefits to the citizens of the State of West Virginia by supporting the public
				policy agenda as articulated by state policymakers;
2.1.c. Addressing fiscal responsibility by
				making the best use of scarce resources and promoting fairness, accountability,
				credibility and transparency (FACT) in personnel decision-making;
2.1.d. Providing for job requirements and
				performance standards for classified staff positions, with annual job
				performance evaluations for classified staff and provisions for job performance
				counseling when appropriate;
2.1.e.
				Building upon human resources best practices to prevent, reduce, or, wherever
				possible, eliminate arbitrary and capricious decisions affecting employees of
				higher education organizations;
2.1.f. Creating stable, self-regulating human
				resources policies capable of evolving to meet changing needs;
2.1.g. Providing for institutional
				flexibility with meaningful accountability;
2.1.h. Adhering to federal and state laws,
				promulgated and adopted rules;
2.1.i. Enhancing the sharing of human
				resources best practices throughout the state higher education
				system;
2.1.j. Encouraging
				organizations to pursue a human resources strategy which provides monetary and
				non-monetary returns to employees in exchange for their time, talents, and
				efforts to meet articulated goals, objectives and priorities of the State, the
				Commission and the organization;
2.1.k. Maximizing the recruitment, motivation
				and retention of highly qualified employees, promoting satisfaction and
				engagement of employees with their jobs, promoting job performance and
				achieving desired results;
2.1.l.
				Requiring each higher education organization under the jurisdiction of the
				Commission to achieve full funding of the salary schedule minimum salary levels
				for classified employees, providing funding is available;
2.1.m. Implementing contemporary programs and
				practices to reward and incentivize performance and enhance employee
				engagement;
2.1.n. Developing and
				implementing a classification and compensation system that is fair,
				transparent, understandable, easy to administer, self-regulating, and adaptable
				to meet future goals and priorities; and
2.1.o. Providing current, reliable data to
				governing boards, the Commission, the Council, the Governor and the Legislature
				to inform the decision-making process of these policymakers.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				definitions related to higher education human resources administration are
				outlined in the attached document, Appendix A.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-4 - Types of Employment and Benefit Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Casual
				Employee. A casual employee position is a position created to meet business
				needs for no more than 450 hours in a twelve-month period. Individuals in a
				casual employee position are not eligible for benefits.
4.2. Full-Time Regular Employee. Any employee
				in a position created to last a minimum of nine months of a twelve-month period
				and in which such employee is expected to work no less than 1,040 hours during
				said period. The full-time equivalent (FTE) of such a position must be reported
				at no less than .53 FTE. Such an employee is eligible for all applicable
				benefits of a full-time regular employee, subject to the qualifying conditions
				of each benefit. Such benefits shall be prorated in relation to a 1.00
				FTE.
4.3. Part-Time Regular
				Employee. An employee in a position created to last less than 1,040 hours
				during a twelve-month period. Part-time regular positions typically continue
				from one fiscal year to another. An employee in a part-time regular position is
				not eligible for benefits.
4.4.
				Temporary Employee. An employee hired into a position expected to last fewer
				than nine months of a twelve-month period. Temporary employees may be part-time
				temporary or full-time temporary. A temporary employee is not eligible for
				benefits.
4.5. Although part-time,
				casual, temporary and student employees are not eligible for higher education
				benefit programs, institutions are cautioned to monitor average hours worked
				per week to identify situations where eligibility for health insurance is
				triggered and compliance with the federal Affordable Care Act (ACA) is
				required. No number of ACA eligible periods of part-time, temporary, casual or
				student employment shall create any presumption of a right to appointment as a
				full-time or part time regular employee.
4.6. Any employee may elect to enroll and
				contribute wages to a 403(b) tax deferred retirement savings account.
				Enrollment is voluntary and 403(b) deferrals are not matched by the employer.
				Election to defer wages to a retirement savings account shall not create any
				presumption of a right to appointment as a full-time or part-time regular
				employee.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-6 - Part-Time and Temporary Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Institutions
				are discouraged from hiring part-time employees solely to avoid the payment of
				benefits or in lieu of full-time employees
a
nd shall
				provide all classified employees with less than twelve month appointments with
				the opportunity to accept part-time or full-time summer employment before new
				persons are hired for the part-time or full-time employment, provided the
				classified employee meets the established position qualifications.
6.2. Change in status. The president or
				his/her designee will review and make a final determination as to the status or
				change in status of any employee. Determination of status or change in status
				means assignment to, or change in the type of employment or the category to
				which an employee is assigned.
6.3.
				When the president or his/her designee determines that a part-time regular
				employee becomes a full-time regular employee, he/she shall credit that
				employee's previous service toward any calculation of length of service for
				purposes of this rule and benefit eligibility based upon a prorated comparison
				against a 1.00 FTE. Previous length of service as temporary, casual, and
				student employees shall not be credited toward seniority calculations under
				other sections of this rule or statute.
West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-7 - Workweek

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				standard workweek is thirty-seven and one-half hours. The workweek is a
				regularly recurring period of one hundred sixty-eight (168) hours in the form
				of seven (7) consecutive twenty-four (24) hour periods. It begins at 12:00 a.m.
				on Saturday and ends at 11:59 p.m. on Friday.