reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application
				-- This rule applies to the committee and any and all individuals desiring to
				attend or to address the West Virginia Cancer Advisory Committee.
2.2. Enforcement -- This rule is enforced by
				the chairperson of the West Virginia Cancer Advisory Committee with the
				assistance of the Director.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Cancer Advisory Committee (Committee) --
				A committee created according to the provisions of W. Va. Code 16-5A-2a to
				provide technical guidance to the director regarding the operation of the
				cancer registry and such advice and assistance as needed to carry out effective
				cancer prevention and control activities.
3.2. Director -- The Director of the West
				Virginia Division of Health or his or her lawful designee.
3.3. Division -- The West Virginia Division
				of Health of the Department of Health and Human Resources.
3.4. Meeting -- The convening of a governing
				body of a public body for which a quorum is required.
3.5. Quorum -- A simple majority of the
				constituent membership of the Committee.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-4 - Regular Meetings Established; Notice Required, Time, Place and Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The West Virginia Cancer Advisory
				Committee shall meet in regular session at a date, time and place to be
				announced in advance by the chairperson or secretary.
4.2. The Committee may without notice, move
				the location of the meeting to accommodate members of the public who wish to
				attend the meeting in the event the meeting room is too small to accommodate
				the attendance.
4.3. All regular
				meetings shall be general meetings for the consideration of any and all matters
				which may properly come before the Committee.
4.4. The secretary shall notify the public
				and the news media by filing a notice of the meeting with the Secretary of
				State for publication in the State Register. Each notice shall state date,
				time, place and purpose of the meeting and shall be filed in a manner to allow
				the notice to appear in the State Register at least five (5) days prior to the
				date of the meeting.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-5 - Special Meetings; Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Committee may convene special meetings in accordance with the procedures
				established herein.
5.2. Special
				meetings of the Committee may be called by the chairperson, the secretary or by
				two (2) members of the Committee upon written request to the
				secretary.
5.3. The secretary shall
				send a written notice setting forth the time and place of the special meeting
				and the matter to be considered to all members at least five (5) days in
				advance of a special meeting, except that the written notice shall not be
				required if the time, the place, and matter for consideration have been fixed
				in a regular meeting or at a special meeting at which all members are
				present.
5.4. The secretary shall
				notify the public and the news media by filing a notice of the special meeting
				with the Secretary of State for publication in the State Register. Each notice
				shall state the time, place and purpose of the meeting and shall be filed in a
				manner to allow the notice to appear in the State Register at least five (5)
				days prior to the date of the meeting.
5.5. The provisions of this section do not
				apply in the event of an emergency requiring immediate official action by the
				committee. In the event of an emergency requiring immediate official action,
				the secretary may file an emergency meeting notice stating the time, place and
				purpose of the meeting and facts and circumstances of the emergency with the
				Secretary of State at any time prior to the meeting.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-6 - Cancellation of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Meetings
				may be canceled by the chairperson or the secretary one (1) or more days prior
				to the scheduled time of the meeting. In the event of a cancellation, the
				chairperson or the secretary shall notify all members informing them of the
				cancellation.
6.2. The secretary
				shall send a written notice of the cancellation to all members, and shall
				immediately file a public notice of the meeting cancellation with the office of
				the Secretary of State.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-7 - Proceedings to be Open; Exceptions Executive Session Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Notwithstanding any other provision of law or regulation all meetings of the
				committee are open to the public, except as provided in W. Va. Code
				6-9A-4.
7.2. An executive session
				may be held only upon a majority affirmative vote of the members
				present.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-8 - Minutes and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The West
				Virginia Cancer Advisory Committee shall provide for the preparation of written
				minutes of all its meetings. All minutes are available to the public within a
				reasonable time after the meeting and shall include the following information:
8.1.1. The date, time and place of the
				meeting;
8.1.2. The name of each
				committee member present or absent;
8.1.3. All motions, proposals, resolutions,
				and measures proposed, the name of the person proposing the same and their
				disposition; and
8.1.4. The results
				of all votes and, upon request of a member, the vote of each member, by
				name.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-9 - Quorum; Majority Vote Required; Vote by Proxy Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
A majority of the members of the Committee constitutes a quorum. The vote of a majority of all members present at any meeting of the Committee is necessary to take any action. Proxy voting is prohibited.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-10 - Election of Officers; Duties of Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. At the first regular quarterly meeting
				in every other calendar year, beginning in 1993, the Committee shall elect a
				chairperson and vice-chairperson for a term of two (2) years.
10.2. The Director shall provide a secretary
				to the Committee.
10.3. In the
				event a chairperson or vice-chairperson resigns or cannot complete the term, a
				new election shall be held to fill the office.
10.4. The duties of the chairperson shall be
				the following:
10.4.1. Preside at all meetings
				and conduct them according to Robert's Rules of Order when such rules are
				applicable and not inconsistent with the rule;
10.4.2. Appoint members to serve on
				committees as may be created; and
10.4.3. Perform such other functions as
				pertain to the office of chairperson.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-11 - Resignation of Members

Current through Register Vol. XLI, No. 28, July 12, 2024
A committee member desiring to resign shall send a letter of resignation to the director with a copy to the chairperson.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-12 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule are severable. If any portion of this rule is held invalid, the remaining provisions remain in effect.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This rule establishes eligibility standards for economic assistance from the James "Tiger" Morton Catastrophic Illness Fund under provisions of W. Va. Code §
									16-50-1 et seq. The W. Va. Code is available in public libraries and on the Legislature's web page,
http://www.legis.state.wv.us/
.
1.2. Authority - W. Va. Code §§
									16-50-2 and 16-1-4.
1.3. Filing Date - May 7, 2004.
1.4. Effective Date - May 7, 2004.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application - This rule applies to any citizen of West Virginia who applies to the Catastrophic Illness Commission for economic assistance related to catastrophic illness.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Applicant - A West Virginia citizen who has applied for economic assistance from the Commission.
3.2. Available Financial Resources
3.2.a. Assets that are available to the applicant including, but not limited to, public or private assistance, Medicaid, private charity care and medical insurance that covers illness related expenses.
3.2.b. Assets of the applicant that exclude the applicant's interest in his or her residence, and a family owned or managed business, and up to two vehicles used primarily for employment or medical treatment.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-4 - Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A West Virginia citizen may request economic assistance from the Commission by contacting the Commission and providing information by telephone.
4.2. Any person who obtains or attempts to obtain funds from the commission by willful, false statement or misrepresentation of by impersonation or any other fraudulent device may be investigated by the Department of Health and Human Resources, Office of Inspector General, and may be prosecuted to the full extent of the law.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-5 - Eligibility Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
An applicant is eligible for assistance if the Commission determines that the applicant:
5.1. Has a catastrophic illness.
5.2. Needs approved care and services during the acute phase of the catastrophic illness.
5.3. Meets the required spend down for Medicaid eligibility to the extent that household income is reduced to less than one hundred percent of the federal poverty level.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-6 - Approved Care and Services

Current through Register Vol. XLI, No. 28, July 12, 2024
The care and services approved for economic assistance by the Commission include, but are not limited to:
6.1. Care and services provided by licensed health care providers, except for services listed in Section 7 of this rule.
6.2. Transportation to and from approved medical facilities for the recipient and one other person.
6.3. Proven and accepted medical therapy.
6.4. Prescribed medications taken to assist with illness rejection or recurrence, including those related to transplants.
6.5. Oral chemotherapy or similar agents prescribed for the approved catastrophic illness.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-7 - Disapproved Care and Services

Current through Register Vol. XLI, No. 28, July 12, 2024
The care and services disapproved for economic assistance by the Commission include, but are not limited to:
7.1. Request for pharmaceutical purchases other than those approved under section 6 of this rule.
7.2. Durable medical equipment.
7.3. Debts or medical bills incurred thirty days or more prior to the date of application, as specified in Subsection 4.1 of this rule.
7.4. Experimental treatments, procedures or therapies.
7.5. In-home care services.
7.6. Hospice services.
7.8. Home repair or home modification.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-8 - Determination of Eligibility and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If funding is available, the Commission may order an award of economic assistance to an eligible applicant.
8.2. The Commission shall take into consideration the availability of funds when making decisions on the amount of an award. The decision to make an award is within the discretion of the commission, or where permitted by this rule, its executive director.
8.3. Within each budget year, similarly situated applicants shall be treated similarly.
8.4. Decisions of eligibility, approved care and services and awards shall be made by:
8.4.a. The executive director when the application is for twenty-five thousand dollars or less;
8.4.b. The executive director and one Commission member when the application is for between twenty-five thousand one dollars and fifty thousand dollars.
8.4.c. The executive director, one Commission member and the Commission Chair when the application is for between fifty thousand one dollars and seventy-five thousand dollars.
8.4.d. A majority of the Commission when the application is for more than seventy-five thousand one dollars.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-9 - Confidentiality and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
Records of the commission are confidential and may not be disclosed except as required by W.Va. Code § 29B.1.1 et seq. Any employee of the commission who has access to confidential information regarding an applicant must sign a written statement acknowledging that he or she fully understand and will maintain the confidential nature of the information.
West Virginia Code of State Rules › Agency 72 - Catastrophic Illness Commission › Title 72 - LEGISLATIVE RULE CATASTROPHIC ILLNESS COMMISSION › Series 72-01 - Eligibility Standards For Economic Assistance from James "Tiger" Morton Catastrophic Illness Fund › Section 72-1-10 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Any applicant who disagrees with the decision made on his or her application may make a request in writing for a fair hearing with the West Virginia Health and Human Resources Board of Review. The Board of Review shall hold the hearings in accordance with the Bureau for Public Health's Rules of Procedure for Contested Case hearings and Declaratory Rulings, 64CSR1, except the board shall deliver to the Commission its recommended hearing decision with findings of fact and conclusions of law. The commission shall adopt, modify or reject the recommended decision, findings, and conclusions. Fair Hearing request forms are available from the Catastrophic Illness Commission.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the care and well-being of livestock including, beef
				cattle, bison, veal, dairy cattle, equine, swine, small ruminant, and poultry,
				and captive cervids in the state of West Virginia.
1.2. Authority. -- West Virginia Code
				§
									19-1C-4.
1.3. Filing Date.
				-- April 13, 2021
1.4. Effective
				Date. -- May 3, 2021
1.5. Sunset
				Date. -- This rule will terminate and have no further force and effect August
				1, 2031.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-3 - Addressing complaints regarding inhumane treatment of livestock

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Complaints
				regarding the inhumane treatment of livestock shall be placed to the sheriff,
				humane officer, or county commission in the county in which the complaint
				originated.
3.2. The sheriff,
				humane officer, or county commission shall forward all information regarding
				this complaint to the West Virginia Department of Agriculture and the Livestock
				Care Standards Board.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-4 - Feed, water and ventilation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The responsible party shall provide its livestock with adequate feed, water and
				ventilation so as to maintain a body condition appropriate for its age, use,
				stage of production, and weather conditions.
4.2. A responsible party may withhold feed
				and water for the following reasons:
4.2.a.
				Specific management practices;
4.2.b. Health care purposes; or
4.2.c. Emergency situations.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-5 - Space

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				responsible party shall provide livestock sufficient space which may consist of
				the following:
5.1.a. An enclosure to
				confine;
5.1.b. An enclosure to
				semi-confine; or
5.1.c. An outdoor
				lot or pasture.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-6 - Health care

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				responsible party shall promptly provide health care sufficient to maintain
				livestock which shall include:
6.1.a.
				Immunizations and vaccinations;
6.1.b. Use of pharmaceuticals and
				biologicals. Pharmaceuticals and biologicals shall be used in accordance with
				label directions or as directed by a licensed veterinarian; and
6.1.c. Prescription and extra-label
				medications. Prescription and extra-label medications shall be administered as
				directed by a licensed veterinarian with a valid-client-patient relationship.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-7 - Preparing animals for exhibition

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The responsible party shall train, fit
				and restrain livestock for exhibition in a manner that minimizes the risk of
				injury.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-8 - Livestock handling

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The responsible party shall do the following in a manner that minimizes the
				risk of injury:
8.1.a. Handling of livestock;
				and
8.1.b. Loading or unloading of
				livestock for or from transport.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-9 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Livestock must
				be able to stand in their natural posture or position or rest ; and have
				sufficient floor space for poultry to perch or rest based on poultry production
				standards, production type, management guides and housing type.
9.2. The transport driver is solely
				responsible for the welfare of livestock during transit.
9.3. The responsible party shall make the
				final decision in determining the fitness for livestock loading and transport
				and the load density. The density of a load shall be determined by the need to
				minimize injury and must allow fallen animals to rise.
9.4. During transit, livestock should be
				reasonably protected from adverse weather conditions.
9.5. Transporters shall stop every 28 hours,
				unload, and provide livestock with food, water and rest for at least five (5)
				consecutive hours, unless the transportation vehicle allows the livestock to
				lay down and rest and have access to feed and water.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-10 - Handling of disabled livestock

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The responsible party for ambulatory
				disabled, non-ambulatory disabled, or distressed livestock shall provide
				appropriate protection from other animals, predators and weather extremes as
				required by the condition of the animal.
10.2. The responsible party shall provide
				ambulatory disabled, non-ambulatory disabled or distressed livestock with
				access to water, and if maintained longer than twenty (24) hours, access to
				feed.
10.3. The responsible party
				shall handle and move ambulatory disabled, non-ambulatory disabled or
				distressed animals in a manner that minimizes the risk of additional distress.
10.4. The responsible party shall
				load disabled livestock only for transport for treatment.
10.5. The responsible party shall euthanize
				livestock in severe distress with an irreversible condition.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-11 - Bio-security

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				responsible party may enforce bio-security protocols and limit public access to
				farms.
11.2. The responsible party
				may use animals, devices or fencing for predator control.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-12 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. This rule
				does not apply during emergency situations or limit or prevent a veterinarian
				or person under the supervision of a veterinarian from providing necessary care
				for an animal.
(Animal Welfare Act,  7 U.S.C. 2131-2159.)
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-13 - Standards of care for beef cattle, bison, and veal

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The responsible party shall feed veal
				calves two (2) or more times per day following a regular routine, if the veal
				calves are not provided unlimited access to feed. On all farms that house veal
				calves, there shall be access to hot water for the purpose of sanitation and
				mixing a milk-based liquid diet or milk replacer.
13.2. Body scoring evaluations shall be
				determined by using industry standards.
13.2.a. Evaluations shall be made using a
				scale of 1 - 5.
13.2.b. Any beef
				cattle, bison, or veal with a score of less than 2 and not under the care of a
				licensed and accredited veterinarian in West Virginia is in violation of the
				Department of Agriculture's rule, Livestock Care Standards 73CSR1.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-14 - Standards of care for dairy cattle

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Facilities shall be free of excessive
				manure.
14.2. Body scoring shall
				be determined by using industry standards.
14.2.a. Evaluations shall be made using a
				scale of 1 - 5.
14.2.b. Any dairy
				cattle with a score of less than 2 and not under the care of a licensed and
				accredited veterinarian in West Virginia is in violation of the Department of
				Agriculture's rule, Livestock Care Standards 73CSR1.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-15 - Standards of care for equine

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Additional standards of care may be
				referenced by consulting
American Association of Equine
				Practitioners Care Guidelines for Equine Rescue and Retirement
				Facilities
.
15.2. Drink. Water containers shall be
				cleaned regularly and free of any hazard.
15.3. Feed.
15.3.a. Horses shall be provided a diet
				sufficient to maintain a healthy weight and body condition. In evaluating herd
				health, any individual Henneke body score of less than "three" (3) is
				unacceptable; unless that animal is under the supervision of a licensed
				veterinarian. Geriatric or ill horses may have less than an ideal weight and
				body condition.
15.3.b. In the
				event of a communicable disease the state veterinarian shall place an equine
				quarantine which shall be a minimum of 200 yards from any animal.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-16 - Standards of care for small ruminants

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Body scoring shall be determined by
				using industry standards.
16.1.a. Evaluations
				shall be made Evaluations shall be made using a scale of 1 - 5.
16.1.b. Any small ruminant with a score of
				less than 2 and not under the care of a licensed and accredited veterinarian in
				West Virginia is in violation.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-17 - Standards of care concerning swine

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Body scoring shall be determined by
				using the
National Pork Board Pork Quality Assurance
				Guidelines.
17.2. If
				being transported, swine must be able to stand in their natural position
				without touching the top of the transport conveyance.
17.3. The following are be authorized
				practices:
17.3.a. Castration;
17.3.b. Needle teeth clipping;
17.3.c. Boar tusk removal;
17.3.d. Tail docking;
17.3.e. Identification, using ear notching,
				tattooing, or ear tagging;
17.3.f.
				Environmentally controlled housing. Swine may be raised in environmentally
				controlled housing designed in a manner that minimizes the effects of adverse
				weather conditions;
17.3.g.
				Stalls, pens or outdoor lots with shelters for gestating sows; and
17.3.h. Crates, pens or outdoor huts for
				farrowing and lactating sows.
17.3.i. Nose rings;
17.3.j. Surgery; and
17.3.k. Artificial insemination.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-18 - Standards of care concerning poultry

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Stocking densities shall allow
				sufficient floor space for poultry to perch or rest based on poultry production
				standards, production type, management guides and housing type.
18.2. Ambulatory disabled and non-ambulatory
				disabled poultry that cannot reach feed or water shall be euthanized.
18.3. The following are authorized
				practices:
18.3.a. Non-feed withdrawal molt
				methods for layers and breeder;
18.3.b. Trimming of the beak;
18.3.c. The partial or complete removal of
				the comb, snood or toe nail;
18.3.d. Withholding of feed or water in
				circumstances such as:
18.3.d.1. Preparation
				for administration of vaccines or medication in the water; or
18.3.d.2. Preparation for transportation; and
18.3.e. Housing
				methods, including
18.3.e.1. A caged egg
				production system in an enclosed or open-sided building having some openwork
				for confining poultry. Types of caged housing systems include conventional,
				belt-battery, enriched and reverse;
18.3.e.2. A cage-free egg production system
				in an enclosed or open-sided building in which the poultry are free to move
				within the building. Types of cage-free housing systems include slat floor,
				litter floor, partial slat or litter floor, stretched wire floor and aviary
				systems; and
18.3.e.3. A Free-Roam
				or Free-Range egg production system where poultry have access to the outside or
				range and are provided shelter.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-19 - Standards of care concerning captive cervids

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The responsible party shall maintain
				captive cervids in accordance with the Department of Agriculture's rule Captive
				Cervid Farming 61CSR34.
19.2. Body
				scoring shall be determined by using the Canadian system or Purina Mills.
19.2.a. Evaluations shall be made using a
				scale of 1-5.
19.2.b. Any owner of
				a captive cervid with a score of less than 2 and not under the care of a
				licensed and accredited veterinarian in West Virginia is in violation of this
				rule.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-20 - Animal morbidity and mortality data

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Animal morbidity and mortality data
				shall be referenced in the USDA FSA West Virginia Livestock Mortality
				Rates.
West Virginia Code of State Rules › Agency 73 - Livestock Care Standards Board › Title 73 - LEGISLATIVE RULE LIVESTOCK CARE STANDARDS BOARD › Series 73-01 - Livestock Care Standards › Section 73-1-21 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A person who
				violates any provision of this rule is subject to the penalties prescribed in
				West Virginia Code §
									61-8-19.
West Virginia Code of State Rules › Agency 74 - Dangerous Wild Animal Board › Title 74 - LEGISLATIVE RULE DANGEROUS WILD ANIMAL BOARD › Series 74-01 - Dangerous Wild Animals › Section 74-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the West Virginia Dangerous Wild Animal list; the rule also
				establishes caging requirements, registration and permit fees for the
				possession of dangerous wild animals on the list as well as establishes dates
				for the Dangerous Wild Animal Board to annually review current permits, and to
				also annually review the list of prohibited Dangerous Wild Animals to determine
				if animals should be added or subtracted from the list.
1.2. Authority. -- WV Code
				§
									19-34-3
1.3. Filing Date. --
				April 5, 2022
1.4. Effective Date.
				-- April 5, 2022
1.5. Sunset Date.
				- This rule shall terminate and have no further force or effect on April 5,
				2032.
West Virginia Code of State Rules › Agency 74 - Dangerous Wild Animal Board › Title 74 - LEGISLATIVE RULE DANGEROUS WILD ANIMAL BOARD › Series 74-01 - Dangerous Wild Animals › Section 74-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Animal Welfare Act" means a law passed
				by the United States Congress in 1966  7 U.S.C. §
										2132(e)  in which sets for
				caging standards to help protect animals from inhumane treatment.
2.2. "Applicant" means any person who
				requests permission from the Dangerous Wild Animal Board to possess a Dangerous
				Wild Animal.
2.3. "Cage" means an
				enclosure of wires, bars, or a glass sided container, which is used to confine
				mammals, birds, reptiles, amphibians or aquatic animals to prevent
				escape.
2.4. "Caging Requirements"
				means standards which a cage must meet to confine mammals, birds, reptiles,
				amphibians, or aquatic animals to prevent escape.
2.5. "Dangerous Wild Animal Board" or "Board"
				means a board of consisting of the Commissioner of Agriculture, the Secretary
				of the West Virginia Department of Health and Human Services, and the Director
				of the West Virginia Division of Natural Resources, or their respective
				designees, which oversees and regulates dangerous wild animals, and issues and
				revokes permits
2.6. "Dangerous
				Wild Animal List" means a list of mammals, birds, reptiles, amphibians, or
				aquatic animals, including hybrids, that have been determined by the Board, to
				be dangerous to humans, other animals, or to the environment to their inherent
				nature and capability to do significant harm.
2.7. "Permit" means approval or permission
				granted to an applicant by the Dangerous Wild Animal Board to possess a
				Dangerous Wild Animal in the state of West Virginia.
West Virginia Code of State Rules › Agency 74 - Dangerous Wild Animal Board › Title 74 - LEGISLATIVE RULE DANGEROUS WILD ANIMAL BOARD › Series 74-01 - Dangerous Wild Animals › Section 74-1-3 - Dangerous Wild Animal List

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Dangerous Wild Animal List adopted by the Board is as follows:
3.1.a. Hyenas;
3.1.b. Gray wolves, excluding
				hybrids;
3.1.c. Lions;
3.1.d. Tigers;
3.1.e. Jaguars;
3.1.f. Leopards, including clouded leopards,
				Sunda clouded leopards, and snow leopards; and
3.1.g. All of the following, including
				hybrids with domestic cats unless otherwise specified:
3.1.g.1. Cheetahs;
3.1.g.2. Lynxes, including Canadian lynxes,
				Eurasian lynxes, and Iberian lynxes;
3.1.g.3. Cougars, also known as pumas or
				mountain lions; and
3.1.g.4.
				Caracals.
3.1.h. Bears;
				(excluding black bears native to this state);
3.1.i. Elephants;
3.1.j. Rhinoceroses;
3.1.k. Hippopotamuses;
3.1.l. Cape buffalo;
3.1.m. African wild dogs;
3.1.n. Komodo dragons;
3.1.o. Nonhuman primates, excluding:
3.1.o.1. Lemurs;
3.1.o.2. Golden lion, black faced lion,
				golden-rumped lion, cotton top, emperor, saddlebacked, blackmantled, and
				Geoffroys tamarins;
3.1.o.3.
				Southern and northern night monkeys;
3.1.o.4. Dusky titi and masked titi
				monkeys;
3.1.o.5.
				Muriquis;
3.1.o.6. Goeldi's
				monkeys;
3.1.o.7. White-faced,
				black-bearded, white-nose bearded, and monk sakis;
3.1.o.8. Bald and black uakaris;
3.1.o.9. Black-handed, white-bellied,
				brown-headed, and black spider monkeys;
3.1.o.10. Common woolly monkeys;
				and
3.1.o.11. Red, black, and
				mantled howler monkeys.
West Virginia Code of State Rules › Agency 74 - Dangerous Wild Animal Board › Title 74 - LEGISLATIVE RULE DANGEROUS WILD ANIMAL BOARD › Series 74-01 - Dangerous Wild Animals › Section 74-1-4 - Caging

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Animals listed in this section shall be
				caged in accordance with Zoological Association of American (ZAA) Animal Care
				& Enclosure Standards, 2014 Edition.
West Virginia Code of State Rules › Agency 74 - Dangerous Wild Animal Board › Title 74 - LEGISLATIVE RULE DANGEROUS WILD ANIMAL BOARD › Series 74-01 - Dangerous Wild Animals › Section 74-1-5 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person possessing an animal on the
				Dangerous Wild Animal List shall annually submit a $10.00 application fee to
				the West Virginia Department of Agriculture in order to register animals on the
				Dangerous Wild Animal List in his or her possession and shall also submit an
				annual fee of $150.00 to the West Virginia Department of Agriculture for a
				permit to possess each animal in his or her possession.
West Virginia Code of State Rules › Agency 74 - Dangerous Wild Animal Board › Title 74 - LEGISLATIVE RULE DANGEROUS WILD ANIMAL BOARD › Series 74-01 - Dangerous Wild Animals › Section 74-1-6 - Annual Review

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board
				shall meet annually by June 1st to review the list
				of prohibited Dangerous Wild Animals set forth in section three of this
				rule.
6.2. The Board shall meet
				annually on or by December 1st to review current
				permits in order to make permits effective for the next calendar year beginning
				January 1st.
6.2.a.
				On or by December 1st each year the Board shall meet
				to determine if animals should be added or subtracted from the list.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-01 - Hearing And Appeals Procedure › Section 76-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs the West
				Virginia Bureau of Senior Services hearings and appeals process.
1.2. Authority. -- W. Va. Code §
									16-5P-1,
				et seq. and §45CFR, et seq.
1.3. Filing Date. -- January 26,
				2010.
1.4. Effective Date. --
				February 26, 2010.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-01 - Hearing And Appeals Procedure › Section 76-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Bureau of Senior Services. The agency
				created by the Legislature pursuant to W. Va. Code §
									16-5P-1, et seq. to
				promote services; enhance the health, safety and welfare of West Virginia's
				senior population; and serve as the primary agency within State Government to
				provide service to the senior population.
2.2. Commissioner. The chief administrative
				officer appointed to administer the duties and responsibility of the Bureau of
				Senior Services.
2.3. Area Agency
				on Aging (AAA). An agency designated by the Bureau of Senior Services to
				develop and administer the area plan for a comprehensive and coordinated system
				of services for older persons. The AAA serves as the advocate and focal point
				for older persons in the planning and service area.
2.4. Adverse action. An action or decision
				not to act which directly affects the complainant and with which the
				complainant disagrees and wishes to appeal.
2.5. Service provider. An entity that is
				awarded a grant/contract from an Area Agency to provide services. (Note: An
				Area Agency on Aging or the Bureau of Senior Services contract with a
				profit-making organization requires prior approval from the Bureau of Senior
				Services.)
2.6. Hearing. A
				proceeding where the relevant facts and applicable law will be addressed and
				considered.
2.7. Complainant. A
				party who makes the complaint in a formal action or proceeding.
2.8. Respondent. The party against whom the
				appeal or complaint is brought.
2.9. Hearing Examiner. A person designated by
				the Bureau of Senior Services to preside at hearings, take evidence and make
				factual and legal findings.
2.10.
				Parties. The complainant and respondent.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-01 - Hearing And Appeals Procedure › Section 76-1-3 - Hearings and Appeals - Procedure for Service Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Area Agency on Aging shall provide
				an opportunity for a hearing to any service provider whose contract/grant is
				suspended, terminated or non-renewed.
3.2. The Bureau of Senior Services shall
				provide an opportunity for a hearing where a service contract/grant between a
				service provider and the Bureau of Senior Services has been suspended,
				terminated, or non-renewed. Any hearing on this issue shall be conducted
				pursuant to Section 4.1 of this Rule and shall not involve the area agency.
				Provided that where an Area Agency on Aging holds a service contract/grant with
				the Bureau of Senior Services any hearing thereon will be conducted pursuant to
				Section 5.1, et seq. of this Rule.
3.3. Continuity of Services.
3.3.1. During the hearing and appeal process,
				any service provider specified in 3.1 and 3.2 whose contract/grant is
				suspended, terminated, or non-renewed shall:
3.3.1.a. Continue operating until this
				hearing and appeal process is final and a decision rendered; provided, however,
				should the Commissioner of the Bureau of Senior Services determine that
				termination of the contract should occur immediately, the Commissioner may
				order that the parties cease performance under the contract
				immediately.
3.3.1.b. During
				unusual circumstances the Bureau of Senior Services shall determine if
				alternative contractual arrangements are necessary to assure that services
				continue. Should the Commissioner, in his or her discretion, determine that
				alternative contractual arrangements are necessary, the Commissioner shall take
				any and all appropriate action to ensure the continuation of necessary and
				appropriate services as required by W. Va. Code §§
											16-5P-1 and
				16-5P-6.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-01 - Hearing And Appeals Procedure › Section 76-1-4 - Request for Bureau of Senior Service Hearing/Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Bureau of Senior Services shall
				provide an opportunity for a hearing to:
4.1.1. Any applicant for designation as a
				planning and service area under §   45CFR1321.39    whose application is
				denied.
4.1.2. Service providers
				identified in Section 3.2. whose contract/grant has been suspended, terminated,
				or non-renewed.
4.1.3. The Bureau
				of Senior Services shall provide an opportunity to service providers to appeal
				the decision of the Area Agency on Aging as specified in Section 3.1.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-01 - Hearing And Appeals Procedure › Section 76-1-5 - Due Process Hearings Procedures for Area Agencies on Aging

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Bureau of Senior Services shall
				provide due process to Area Agencies on Aging where the Bureau of Senior
				Services initiates proceedings to:
5.1.1.
				Revoke or decline to renew the designation of the area agency or
				agencies.
5.1.2. Designate an
				additional planning and service area in the State.
5.1.3. Divide the State into different
				planning and service areas; or
5.1.4. Disapprove the area plan or plan
				amendment submitted by the Area Agency on Aging as specified in
				§   45CFR1321.39(b); or
5.1.5.
				Suspend, terminate or non-renew the Area Agency on Aging grant/contract;
				or
5.1.6. Otherwise affect the
				boundaries of the planning and service areas of the State.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The registry shall provide the
				public a list of in-home care workers, along with their qualifications, who
				voluntarily agree to be included and who have completed a criminal background
				check.
1.2. Authority. -- W. Va.
				Code §
									16-5P-1 et. seq.
1.3.
				Filing Date. -- April 7, 2014.
1.4.
				Effective Date. -- May 7, 2014.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Commissioner shall list qualified
				applicants, who meet the requirements of W. Va. Code §
									16-5P-1 and this
				rule, in a central registry.
West Virginia Code of State Rules › Agency 76 - Senior Services › Title 76 - INTERPRETIVE RULE WEST VIRGINIA BUREAU OF SENIOR SERVICES › Series 76-02 - In-Home Care Worker Registry › Section 76-2-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Applicant" means a person making
				application to be included on the registry.
3.2. "Commissioner" means the Commissioner of
				the Bureau of Senior Services or his or her designee.
3.3. "In-home care worker" means an
				unlicensed person who provides personal care or other services and supports to
				persons with disabilities or to the elderly in order to enhance their
				well-being and which involves face-to face direct contact with the person.
				Functions performed may include but are not limited to assistance and training
				in activities of daily living, personal care services, and job-related
				supports.
3.4. "Registry" means a
				list maintained for the collection of information.
3.5. "Registrant" means an applicant who has
				passed the application phase and supplied all necessary information.