reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-05 - Contracted Police Or Security Services › Section 81-5-4 - Contract Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Superintendent shall enter into a contract for all contracted police or
				security services as required by W. Va. Code '15-2-18(b).
4.2. All contracts shall contain provisions
				that the contractual employer agrees to hold harmless and indemnify the State
				of West Virginia, the West Virginia State Police, and its employees and members
				from any liability arising from the contractual employment.
4.3. The total cost of the services and the
				number of hours contracted for shall not exceed those outlined in the contract
				unless new terms are subsequently agreed to, in writing, by both
				parties.
4.4. The Superintendent
				shall negotiate compensation rates for contracted services on a man-hour basis
				and may also negotiate compensation for any additional departmental
				expenditures or costs.
4.5. The
				contractual employer shall pay for services rendered by the department by
				check, made payable to the West Virginia State Police, within five (5) days of
				receipt of an itemized invoice.
4.6. West Virginia State Police personnel
				shall make all law enforcement decisions encountered by members during
				contractual employment and the contractual employer shall not dictate or
				influence the decisions.
4.7. In
				the event that department members who are assigned to contractual employment
				are required to return to official duty in response to a public disaster or
				other emergency, neither the West Virginia State Police nor any of its officers
				or members are liable for any damages incurred as a result of the
				reassignment.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-05 - Contracted Police Or Security Services › Section 81-5-5 - Assignment of Members

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				officer in charge of field operations or his/her designee shall coordinate the
				manpower recruitment and allocation for all approved requests for contractual
				services and negotiate minor contract provisions.
5.2. Members accepting contractual employment
				must be in the following duty status:
(a) Day
				off duty,
(b) Annual
				leave,
(c) Compensatory day
				off,
(d) Holiday off duty,
				or
(e) Regularly scheduled work
				day, provided that there is a minimum of eight hours within the twenty-four
				hour period where the member is neither in an on-duty status nor on
				contractual-duty status.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-05 - Contracted Police Or Security Services › Section 81-5-6 - Compensation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The department
				comptroller shall compute compensation for members on contractual employment at
				the rate specified by the contract regardless of the member's classification
				under the Fair Labor Standards Act or the member's normal hourly compensation
				rate. The comptroller will deduct applicable state and federal taxes from the
				member's total contractual employment compensation.
6.2. The comptroller will make no deduction
				of retirement contributions from contractual employment compensation and a
				member's retirement benefits will not be enhanced by participation in
				contractual employment. All other department benefits will remain in force
				during contractual employment.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-06 - Carrying Of handguns By retired Or medically discharged members › Section 81-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule prescribes the requirements for the issuance and termination of
				authorization for retired and medically discharged members of the West Virginia
				State Police to carry handguns and sets specific requirements for the type and
				condition of any handgun carried under the provisions of this rule.
1.2. Authority. -- W. Va. Code §
									15-2-25.
1.3. Filing Date. -- March 31,
				2010.
1.4. Effective Date. -- March
				31, 2010.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-06 - Carrying Of handguns By retired Or medically discharged members › Section 81-6-2 - Authorization Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Upon retirement or medical discharge, a member of the West Virginia State
				Police may submit a request to the Superintendent for authorization to carry a
				handgun within the State of West Virginia, concealed or otherwise, upon his or
				her person, provided:
2.1.1. The member is
				retired honorably with at least 20 years of service; or
2.1.2. The member is retired with less than
				20 years of service due to a total or partial disability, regardless of whether
				such disability resulted from his or her service with the Department, as
				determined by the Consolidated Public Retirement Board; and provided that any
				such disability does not affect the retired or medically discharged member's
				ability to safely operate and control the handgun during firing, as determined
				by the Superintendent.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-06 - Carrying Of handguns By retired Or medically discharged members › Section 81-6-3 - Authorization Issuance

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Superintendent shall review all requests submitted in accordance with Section 2
				of this rule and shall issue authorization to carry a handgun to every retired
				or medically discharged member whose request is approved.
3.2. The Superintendent shall provide the
				authorization issued pursuant to this rule that shall consist of a letter or
				certificate signed by the Superintendent indicating the date of issuance and
				the date of expiration and shall cause to be issued an authorization
				identification card to permit convenient carrying and display. Any issued
				authorization remains the property of the Department and any retired or
				medically discharged member accepting such authorization agrees through such
				action to return the authorization to the Department immediately upon any
				termination or revocation of the authorization, as provided by Section 4 of
				this rule; provided, that any authorization in the possession of the retired or
				medically discharged member on the date of expiration may be retained as
				memorabilia.
3.3. The retired or
				medically discharged member shall carry the authorization identification card
				issued pursuant to this rule at all times he or she has a handgun on his or her
				person and when such handgun is carried under the authority granted in this
				rule.
3.4. Any retired or medically
				discharged member receiving authorization, as provided in this rule, shall
				advise the Superintendent in writing within 30 days of any change of address
				and the effective date of the change.
3.5. Holders of authorizations issued under
				the provisions of this rule shall have the same privileges and rights as
				enjoyed by persons issued concealed pistol/handgun permits under the authority
				of W. Va. Code § 61-7.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-06 - Carrying Of handguns By retired Or medically discharged members › Section 81-6-4 - Authorization Termination. Revocation and Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An authorization, as provided and
				approved under this rule, terminates immediately and permanently without any
				right of hearing or other recourse and without any action required by the
				Superintendent in all cases where the retired or medically discharged member is
				convicted of any felony, any misdemeanor involving the improper or illegal use
				of a firearm, or any misdemeanor involving domestic violence.
4.2. An authorization, as provided and
				approved under this rule, terminates with the possibility of renewal upon the
				expiration of five years following the date of the authorization's
				issuance.
4.3. Retired or medically
				discharged members may submit a request for authorization renewal within 60
				days of the current authorization's expiration date as specified in Section 2.2
				of this rule.
4.4. The
				Superintendent may revoke an authorization, as provided and approved under this
				rule, at any time without cause or recourse. Upon revoking the authorization of
				any retired or medically discharged member, as provided for in this section,
				the Superintendent shall immediately notify the retired or medically discharged
				member of the revocation, in writing, sent by certified mail, return receipt
				requested, to the most recent address provided by the retired or medically
				discharged member. The return of the receipt or the notice to the
				Superintendent is presumptive evidence that proper notice of revocation was
				given, notwithstanding any reason for non-delivery, unless and until it can be
				established that the Department directed the notice to an incorrect or
				non-existent address in contradiction to that address supplied in compliance
				with section 3.4 of this rule.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-06 - Carrying Of handguns By retired Or medically discharged members › Section 81-6-5 - Handgun Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				There is no restriction on a handgun as to barrel length, caliber or action
				type, except that no person may carry a handgun capable of full automatic
				function under the authority of this rule.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-07 - Rules And Regulations Governing Requests For Information (Freedom Of Information Act) › Section 81-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish procedures whereby any person may inspect and copy any
				public record prepared, owned, and retained by the West Virginia State
				Police.
1.2. Authority. -- W. Va.
				Code §
									29B-1-3.
1.3. Filing Date. -- November 13,
				2003.
1.4. Effective Date. --
				December 3, 2003.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-07 - Rules And Regulations Governing Requests For Information (Freedom Of Information Act) › Section 81-7-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. To establish
				procedures for the orderly dissemination of public records pursuant to the
				Freedom of Information Act by the West Virginia State Police.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-07 - Rules And Regulations Governing Requests For Information (Freedom Of Information Act) › Section 81-7-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in these rules, unless used in a context that clearly
				  requires a different meaning, the term:
3.1. "Act" means the "Freedom of Information
				Act" W. Va. Code §
									29B-1-1
				et.seq.
3.2. "Department" means the
				West Virginia State Police.
3.3.
				"Public records" means any books, papers, maps, photographs, cards, tapes,
				recordings, and other documentary materials, regardless of physical forms or
				characteristics, containing information relating to the conduct of the public's
				business which are proposed, owned, and retained by the West Virginia State
				Police, and which are not held in confidence pursuant to federal or state
				laws.
3.4. "Superintendent" means
				the Superintendent of the West Virginia State Police.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-07 - Rules And Regulations Governing Requests For Information (Freedom Of Information Act) › Section 81-7-4 - Form of Request

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				request to inspect or copy any public record of the department shall be made,
				in writing, directly to the Superintendent and shall include the following:
(a) The name of the person making the
				request,
(b) The address where the
				person may be contacted,
(c) A
				statement describing, with reasonable specificity, the information sought and
				whether or not the person will be requiring reproductions of the public record.
				If possible, the statement should include a description of each document sought
				and if available, the title, date, and author of each such document,
				and
(d) A statement that the person
				is prepared to pay any fees covering the actual cost to the department for
				making reproductions of the public record.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-07 - Rules And Regulations Governing Requests For Information (Freedom Of Information Act) › Section 81-7-5 - Responsibilities of the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The department shall, upon receipt of a
				properly filed request, affix the date of receipt and initiate a search for the
				requested information.
5.2. The
				department shall respond to each request, in writing, as soon as practicable,
				but within a maximum of five (5) working days of receipt of the request. Such
				response shall:
(a) Provide requested
				information,
(b) Advise the
				requestor of the time and place at which he/she may inspect and/or copy the
				information,
(c) Advise the
				requestor that the description of the information sought is not sufficient to
				allow the department to identify and locate the information and that the
				request cannot be further processed until additional information is made
				available to the department. Upon receipt by the department of additional
				information, the five (5) day time limit shall begin anew; or
(d) Deny the request stating in writing the
				reason for such denial and informing the requestor that he/she may appeal the
				department's action in accordance with W. Va. Code §
										29B-1-5. The basis
				for denial shall include, but not be limited to, the following:
(1) The requested record is not known to
				exist,
(2) The record is not in the
				department's possession, and/or
(3)
				The record is exempt from disclosure under W. Va. Code §
											29B-1-4 of the Act or
				other provisions of federal or state law.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-07 - Rules And Regulations Governing Requests For Information (Freedom Of Information Act) › Section 81-7-6 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The department
				shall establish fixed rate fees for reproduction of documents, records, and
				files. This fee schedule shall be maintained by the department and made
				available to the public upon request.
6.2. All fees are non-refundable and shall be
				paid in advance of receipt of the requested information by certified check,
				cashier's check, or money order made payable to the Superintendent, West
				Virginia State Police.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs and specifies a grievance procedure for sworn members of the State
				Police.
1.2. Authority. -- W. Va.
				Code §
									15-2-6(a).
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- April
				15, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The purpose of
				this rule is to provide a procedure for the equitable and consistent resolution
				of employment grievances raised by members of the West Virginia State Police
				who have completed the post-cadet probationary period.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. For the
				purpose of this rule:
3.1.1. "Days" means
				working days exclusive of Saturday, Sunday, or official holidays.
3.1.2. "Discrimination" means any difference
				in the treatment of members unless such differences are related to the actual
				job responsibilities of the members or agreed to in writing by the
				members.
3.1.3. "Favoritism" means
				unfair treatment of a member as demonstrated by preferential, exceptional, or
				advantageous treatment of another or other members.
3.1.4. "Grievance" means any claim by one or
				more affected State Police members alleging a violation, a misapplication or a
				misinterpretation of the statutes, written policies, rules, regulations, or
				written agreements under which such members work. Any pension matter or other
				issue relating to public employees insurance, retirement, or any other matter
				in which the authority to act is not vested with the State Police shall not be
				the subject of any grievance filed under this policy and procedure. Management
				reserves the exclusive right to manage the affairs and operations of the State
				Police.
3.1.5. "Grievance
				coordinator" means that individual designated by the Superintendent to oversee
				and coordinate the administration of employee grievances.
3.1.6. "Grievance Evaluator" means that
				individual authorized to render a decision on a grievance under procedural
				levels one, two and three as set out in section four.
3.1.7. "Grievant" means any member or group
				of named members filing a grievance as defined in subsection (3.1.5) of this
				section.
3.1.8. "Harassment" means
				repeated or continual disturbance, irritation or annoyance of a member which
				would be contrary to the demeanor expected by law, policy, and
				profession.
3.1.9. "Hearing
				examiner" means individuals employed by the State Police in accordance with
				section five of this rule.
3.1.10.
				"Immediate supervisor" means that person next in the chain of command of the
				grievant possessing a degree of administrative authority and designated as
				such.
3.1.11. "Member" means any
				non-probationary sworn member employed by the State Police.
3.1.12. "Representative" means any person or
				persons designated by the grievant to represent him or her in the processing of
				a grievance through this procedure, or both.
3.1.13. "Reprisal" means retaliation by the
				Superintendent or his or her designee toward a grievant, witness,
				representative or any other participant in the grievance procedure either for
				an alleged injury itself or any lawful attempt to redress it.
3.1.14. "Superintendent" is the executive
				officer-in-charge and chief administrator of the State Police.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-4 - Grievance Procedure Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A grievance must be filed within the
				times specified in section four of this rule and shall be processed as rapidly
				as possible. The number of days indicated at each level specified in section
				four of this rule shall be considered as the maximum number of days allowed
				and, if a decision is not rendered at any level within the prescribed time
				limits, the grievant may appeal to the next level: Provided, That the specified
				time limits shall be extended whenever a grievant is not working because of
				accident, sickness, death in the immediate family or other cause necessitating
				the grievant to take personal leave from his or her employment, or by agreement
				of all parties.
4.2. If the
				Superintendent or his or her designee or the grievant intends to assert the
				application of any federal statute, administrative rule, federal regulation or
				written agreement or submits any written response to the filed grievance at any
				level, the citation thereof shall be forwarded to the grievant and any
				representative of the grievant named in the filed grievance or the
				Superintendent. Any documents submitted and the grievant's response thereto, if
				any, shall become part of the record. Failure to assert such statute, policy,
				rule, regulation, or written agreement at any level shall not prevent the
				subsequent submission thereof in accordance with the provisions of this
				subsection.
4.3. The grievant may
				file the grievance at the level vested with authority to grant the requested
				relief if each lower administrative level agrees in writing thereto. In the
				event a grievance is filed at a higher level, the State Police shall provide
				copies to each lower administrative level. Provided, in matters of discipline,
				all grievances shall begin at level three and be filed directly to the office
				of the Superintendent.
4.3.1 In matters of
				discipline resulting in a letter of reprimand, a member may grieve the action
				by either of the following:
4.3.1.a. The
				member may submit a written dissent which will be attached to the letter of
				reprimand and placed in the member's personnel file; or
4.3.1.b. The member may request a level three
				hearing.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-5 - Procedural Levels and Procedure at Each Level

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Level one.
5.1.1. The member shall identify the
				grievance verbally to the immediate supervisor in an informal meeting within
				fourteen days after the event or action or the discovery of the event or action
				which is the basis for the grievance.
5.1.2. The immediate supervisor shall give a
				verbal response to the member within seven days following the
				meeting.
5.1.3. If a resolution is
				not reached at this point, the member shall submit to the immediate supervisor
				on a prescribed form the nature of the grievance and the specific relief
				requested within seven days following the date of receipt of the verbal
				response.
5.1.4. The supervisor, in
				turn, shall give written response on a prescribed form within seven days of
				receipt of the prescribed form.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-7 - Enforcement and Reviewability; Costs; Good Faith

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The decision of the hearing examiner
				shall be final upon the parties and shall be enforceable in the Intermediate
				Court of Appeals. The grievant or Superintendent may appeal to the Intermediate
				Court of Appeals on the grounds that the hearing examiner's decision (1) was
				contrary to law or a lawfully adopted rule or written policy of the State
				Police, (2) exceeded the hearing examiner's statutory authority, (3) was the
				result of fraud or deceit, (4) was clearly wrong in view of the reliable,
				probative and substantial evidence on the whole record, or (5) was arbitrary or
				capricious or characterized by abuse of discretion or clearly unwarranted
				exercise of discretion. The appeal shall be filed in the Intermediate Court of
				Appeals within 30 days of receipt of the hearing examiner's decision. The
				decision of the hearing examiner shall not be stayed, automatically, upon the
				filing of an appeal, but a stay may be granted by the Intermediate Court of
				Appeals upon separate motion.
7.2.
				The court's ruling shall be upon the entire record made before the hearing
				examiner, and the court may hear oral arguments and require written briefs. The
				court may reverse, vacate, or modify the decision of the hearing examiner or
				may remand the grievance to the Superintendent for further
				proceedings.
7.3. Both the State
				Police and member shall at all times act in good faith and make every possible
				effort to resolve disputes at the lowest level of the grievance procedure. The
				hearing examiner may make a determination of bad faith and in extreme instances
				allocate the cost of the hearing to the party found to be acting in bad
				faith.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-8 - Allocation of Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any
				expenses incurred relative to the grievance procedure at levels one through
				three shall be borne by the party incurring such expenses.
8.2. A grievant has the right to use, free of
				charge, any State Police copy machine for the purpose of copying grievance
				documents and the transcript of the employment grievance hearing.
8.3. In instances where a member appeals a
				level three decision concerning a letter of reprimand and the level three
				decision is upheld in a level four hearing, the grievant shall be responsible
				for payment of fifty percent (50%) of the total cost (hearing examiner, court
				reporter, transcripts) of the level four hearing.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-9 - Mandamus Proceeding

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Should the State Police fail to comply with the provisions of this rule, it may
				be compelled to do so by mandamus proceeding and shall be liable to any party
				prevailing against the State Police for court costs and attorney fees, as
				determined and established by the court.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-10 - Grievant's Right to Attorney's Fees and Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If a member shall appeal to the
				Intermediate Court of Appeals an adverse decision of a hearing examiner
				rendered in a grievance proceeding pursuant to provisions of this rule, or if
				the member is required to defend an appeal and such member shall substantially
				prevail, the State Police shall be liable to such member upon final judgment or
				order, for court costs and for reasonable attorney fees to be set by the court
				for representing the member in all administrative hearings and before the
				Intermediate Court of Appeals and the supreme court of appeals and shall be
				further liable to the member for any court reporter costs incurred during any
				administrative hearings or court proceedings. In no event shall attorney's fees
				be awarded in excess of a total of $1,000 for the administrative hearings and
				Intermediate Court of Appeals proceedings nor an additional $1,000 for supreme
				court proceedings. The requirements of this section shall not be construed to
				limit the grievant's right to recover reasonable attorney's fees in a mandamus
				proceeding brought under section nine of this rule.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-08 - West Virginia State Police Member Grievance Procedure › Section 81-8-11 - Application of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. This rule
				applies to all grievances on or after the effective date of this rule. This
				rule supersedes W. Va. Code §
									15-2-6(b) and all
				previous versions of this rule.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the methods and standards necessary to establish
				and administer a DNA database/databank as they relate to the collection of DNA
				samples, the submission of samples, the analysis of samples, the storage of
				samples and results, and the exchange and expungement of information concerning
				DNA specimens collected for DNA analysis.
1.2. Authority. -- W. Va. Code §§
									15-2-24,
				15-2B-4.
1.3. Filing Date. -- April 20, 2015
1.4. Effective Date. -- July 1,
				2015
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This legislative rule applies to any person or entity collecting,
				or causing to be collected, samples of human DNA for the purposes stated in
				this rule.
2.2. Enforcement - The
				enforcement of this legislative rule is vested with the Superintendent of the
				West Virginia State Police.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-4 - Procedures for the Collection of Samples for DNA Analysis

Current through Register Vol. XLI, No. 28, July 12, 2024
The following standards shall be met when collecting samples
				  for the purposes of DNA analysis:
4.1.
				Representatives of the West Virginia Division of Corrections and/or Regional
				Jail Authority, Sheriffs Department or other authorized agency of the criminal
				justice system, working in conjunction with the West Virginia State Police,
				shall have a DNA sample collected from:
a. All
				individuals convicted of any offense specified in West Virginia Code §
				15-2B-6.
b. Where not otherwise
				mandated, any person convicted of a felony offense under the provisions of this
				code, provided that the person is under the supervision of the criminal justice
				system at the time the request for the sample is made. Supervision includes
				prison, the regional jail system, parole, probation, home confinement,
				community corrections program, and work release.
c. If an individual is required to register
				as a sex offender on or after July 1, 2011 and has not submitted a sample to
				the DNA Database, a sample will be collected by the State Police detachment the
				offender reports to. A WV DNA Collection kit with buccal swabs will be
				used.
d. When an individual is
				under the supervision of the criminal justice system as a result of a
				reciprocal agreement with another state for a felony conviction of a qualifying
				offense, that individual shall provide a DNA sample unless documented proof
				that a DNA sample has already been provided and uploaded to NDIS.
e. Any individual, upon notification, who was
				convicted of a qualifying offense on or after July 1, 2011 and was released
				from supervision by the criminal justice system without giving a DNA
				sample.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-5 - Receipt of Blood and DNA Samples at State Police Headquarters

Current through Register Vol. XLI, No. 28, July 12, 2024
The CODIS Administrator or designee is responsible for
				  receipt of samples collected under this rule, and shall meet the following
				  standards:
5.1. The CODIS Administrator
				or designee shall record the following on the kit information card: the date of
				reception, the individual receiving the kit and the submitting facility if
				needed.
5.2. The CODIS
				Administrator or designee shall enter information from the Kit's information
				card into the appropriate computer file. The card shall be labeled with a
				unique identifier and shall be filed in a secure location. Upon confirmation
				that a sample is a duplicate of a sample currently in the Databank the
				duplicate may be destroyed or entered in to the Databank as a quality control
				sample.
5.3. Each DNA sample
				received shall be processed according to the existing Biochemistry Section
				safety and quality assurance guidelines. A minimum of two stain cards shall be
				prepared from the sample contained in the Kit. Each prepared stain card shall
				be labeled with unique identifiers. Samples shall be prepared for long term
				storage based on the sample medium. All prepared stains shall be stored, upon
				drying, in sequential order in a long-term storage device. A stain and/or
				liquid sample shall be forwarded to MUFSC. In the case of DNA samples other
				than blood, up to one half of the total sample shall be forwarded to
				MUFSC.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-6 - Transport and Receipt of DNA Samples to MUFSC for DNA Analysis

Current through Register Vol. XLI, No. 28, July 12, 2024
The CODIS Administrator or designee shall be responsible for
				  transportation to and receipt from MUFSC of DNA samples and shall meet the
				  following standards:
6.1. DNA samples
				prepared for transport shall only be labeled with the assigned unique
				identifier.
6.2. The CODIS
				Administrator or designee_shall be responsible for transporting the DNA samples
				to MUFSC. A sample transport and receipt form shall be completed and signed by
				the transporting and receiving individuals. A copy of the transport and receipt
				form will be maintained in the records of both agencies.
6.3. MUFSC, upon receipt of the DNA samples
				shall log the date of receipt for each sample into the appropriate file in the
				West Virginia DNA Databank software. MUFSC will only have access to the race,
				gender, unique identifier and transfer dates of each file.
6.4. Upon receipt, DNA samples shall be
				stored in a secure, medium appropriate storage device. A refrigerated storage
				device shall be connected to an auxiliary power source in the event of power
				failures.
6.5. MUFSC shall document
				all transactions involving the DNA samples including internal transfers,
				transfers of DNA samples to the Biochemistry Section or destruction of DNA
				samples under the authority of the CODIS Administrator or designee. Any liquid
				samples will be destroyed upon confirmation, in writing, of a successful upload
				of the DNA profile to the national database (NDIS) by the CODIS
				Administrator.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-7 - Handling, Processing and Analyzing Blood Samples at MUFSC

Current through Register Vol. XLI, No. 28, July 12, 2024
MUFSC shall perform the handling, processing and analysis of
				  DNA samples according to the nationally accepted guidelines for DNA analysis
				  promulgated by the FBI Director, the guidelines promulgated by the American
				  Society of Crime Laboratory Directors Laboratory Accreditation Board, and the
				  National DNA Index System (CODIS) Standards for the Acceptance of DNA Data. In
				  addition to the preceding requirements the handling, processing, and analysis
				  of samples shall meet the following standards:
7.1. Only personnel who have successfully
				completed the required proficiency test(s) approved by the State Police shall
				conduct DNA analysis on the DNA samples submitted by the State
				Police.
7.2. Only MUFSC personnel
				who have their personal DNA profiles on file with the State Police shall
				conduct DNA analysis on DNA samples submitted by the State Police.
7.3. The State Police shall conduct periodic
				quality control inspections and/or audit reviews of MUFSC. MUFSC shall conduct
				DNA analysis according to a State Police approved quality assurance
				program.
7.4. All DNA analysis data
				shall be generated using amplification kits approved by the Biochemistry
				Section and shall be forwarded to the Biochemistry Section for inspection and
				approval.
7.5. All DNA data
				generated by MUFSC shall be stored in a format compatible with the Combined DNA
				Index (CODIS) employed by the State Police and the FBI. Data generated at MUFSC
				shall be stored in a location and in a way that is secure from alteration and
				destruction. All samples and data shall be returned upon the request of the
				West Virginia State Police.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-9 - The Expungement of Information

Current through Register Vol. XLI, No. 28, July 12, 2024
Authorized personnel assigned to the Biochemistry Section
				  shall supervise the expungement of DNA analysis records based on the following
				  standards:
9.1. The Biochemistry
				Section shall expunge records upon receipt of both a court order and pursuant
				to a written request. The Biochemistry Section shall contact the ordering court
				and have the order verified before expungement.
9.2. The Biochemistry Section shall maintain
				a file of all expungement orders received and processed.
9.3. The Biochemistry Section, upon
				confirmation of the court order, shall erase from the main file and all backup
				files of the DNA Databank computer all information and records relating to the
				donor and conviction named in the order. All of the computer files of the donor
				shall be deleted from the state (CODIS) and national (NDIS) databases and the
				Biochemistry Section shall destroy the corresponding information card, and any
				copies that may exist on file. The Biochemistry Section shall destroy all
				corresponding DNA samples collected for the purpose of DNA analysis and in the
				possession of or under the jurisdiction of the Biochemistry Section unless the
				donor wishes to take possession of the DNA sample. The Biochemistry Section
				shall destroy DNA samples according to accepted safety guidelines for biohazard
				materials.
9.4. The Biochemistry
				Section shall send a letter of expungement to the court of record upon
				compliance with the court order.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-10 - Collection of fees from convicted offenders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A fee of $150 shall be assessed on any
				person convicted of a qualifying offense on or after July 1, 2011, unless the
				court finds that undue hardship would result. For individuals required to
				submit DNA samples for a qualifying offense for which the individual was
				convicted prior to July 1, 2011, no fee may be imposed.
10.2. All moneys collected from this fee
				shall be deposited in a special account within the State Treasury known as the
				"West Virginia State Police DNA Database Account".
10.3. The Superintendent of the West Virginia
				State Police shall administer the "Account". A committee comprised of the West
				Virginia State Police Forensic Laboratory Director, State CODIS Administrator
				and a representative of the Sheriffs Association will advise the Superintendent
				on expenditure priorities.
10.4.
				Expenditures from the fund are authorized from collections for purposes
				associated with the processing of DNA samples for the DNA database including,
				but not limited to, collection kits and any expenses incurred collecting,
				processing, analyzing, reviewing and uploading DNA samples to the DNA
				Database.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-09 - West Virginia DNA Databank › Section 81-9-11 - Procedures for Partial Matches with the DNA Database

Current through Register Vol. XLI, No. 28, July 12, 2024
Partial matches may occur with the DNA Database when searches
				  are conducted as a normal course of business. Partial matches may indicate the
				  possibility that a relative of the candidate offender may be the source of the
				  DNA identified from the evidence. To eliminate as many adventitious (false)
				  matches as possible, all of the following parameters must be met:
11.1 Partial match evaluations are limited to
				criminal investigations involving murder, kidnapping or first-degree sexual
				assault or second-degree sexual assault as defined in West Virginia Code. All
				other credible investigative leads must have been exhausted before the partial
				match evaluation begins.
11.2 All
				available CODIS loci, especially the CODIS core loci, should be used for
				searching. The CODIS core loci are necessary if requests for searches are made
				to contiguous states.
11.3 The DNA
				profile identified from the evidence must be from a single source or a single
				source profile must be deconvoluted from a mixture with as many heterozygous
				loci as possible.
11.4 There must
				be sufficient DNA material from the original evidentiary sample available to
				conduct additional testing such as Y-STRs or mtDNA testing as
				appropriate.
11.5 A kinship
				statistical analysis should be performed to determine the likelihood that a
				partial match is with a relative versus a nonrelative. The statistical software
				should be applicable to this type of analysis. Thresholds as recommended by the
				Scientific Working Group on DNA Analysis Methods (SWGDAM) should be used to
				determine whether to continue with the evaluation.
11.6 Non-forensic records should be reviewed
				to determine the possible familial connections to the candidate
				offender.
11.7 The investigating
				agency must agree to pursue the investigation if name(s) are released as a
				result of the partial match evaluation. Any communications with the
				investigating agency must clearly state that the partial match is not an
				identification but an investigative lead.
11.8 A West Virginia State Police
				investigator with experience in cold case investigations may be used by the
				Laboratory to identify and review non forensic records as a part of the
				evaluation prior to release of any names to the investigating agency.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-10 - West Virginia State Police Professional Standards Investigations, Employee Rights, Early Identification System, Psychological Assessment And Progressive Discipline › Section 81-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule explains the processes employed by the West Virginia
				State Police in dealing with allegations of employee misconduct, enhanced
				reporting for response to resistance or aggression incidents, progressive
				employee discipline, and internal systems aimed at evaluating and addressing
				employees suffering from either job-related or non-job-related
				stress.
1.2. Authority. -- W. Va.
				Code §
									15-2-25.
1.3. Filing Date. -- April 20,
				2023.
1.4. Effective Date. -- May
				1, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-10 - West Virginia State Police Professional Standards Investigations, Employee Rights, Early Identification System, Psychological Assessment And Progressive Discipline › Section 81-10-3 - Professional Standards Section Organization and Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Section is under the command of the OIC and is directly responsible to the
				Superintendent. The Superintendent shall staff the Section with appropriate
				investigators to conduct internal investigations, personnel inspections, and
				facility inspections.
3.2. The OIC
				is responsible for the organization and management of the Section. The OIC
				shall supervise the Section's office staff and receive all complaints, make
				recommendations to the Superintendent with regards to the assignment of
				internal investigations, and administer the early identification system and the
				employee grievance process.
3.3.
				The OIC shall have all section files recorded in a database and assigned an
				individual case number. The OIC shall ensure the confidentiality of all
				documents and reports relating to the investigation of any complaint through
				strict control of the Section's files.
3.4. The OIC shall prepare an annual
				statistical report concerning the Section's activities which shall be available
				to employees and members of the public.
3.5. The OIC shall apprise the Superintendent
				of situations or facts concerning employee complaints and investigations that
				may be of public concern or allege the commission of a serious misdemeanor or
				felony by an employee.
3.6. The
				Section shall make information available to the general public regarding the
				complaint procedure against the State Police or its employees. The information
				may be accessed through the State Police website, brochures at each State
				Police facility, and/or by contacting the Section.
3.7. Investigators assigned to internal
				investigations shall forward to the OIC an accurate and complete report, and
				the remainder of the case file, within 30 working days of the day the
				investigation is received by the investigator unless an extension is granted by
				the OIC. In addition, investigators shall inspect State Police facilities and
				perform other duties as assigned by the OIC.
3.8. The OIC or any other Section member may
				be contacted during off-hours for emergency complaints by contacting the
				Communications Section of the State Police at (304) 746-2158.
3.9. The Section's address is West Virginia
				State Police, Professional Standards Section, 725 Jefferson Road, South
				Charleston, West Virginia, 25309-1698.