reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-7 - Modification or Amendment to Solar EWG Siting Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 An owner or operator of a Solar EWG
				generating facility must obtain Commission approval to eliminate or modify any
				terms, conditions or limitations in the Commission order approving a solar
				siting certificate. Further the owner or operator must obtain prior Commission
				approval to make any material modification to the Solar EWG generating facility
				as approved by the Commission, including but not limited to, modifying the
				footprint of the Solar EWG generating facility or increasing the transmission
				or generation capacity of the Solar EWG generating facility. If the owner or
				operator believes that, when considering the totality of the circumstances
				surrounding any elimination or modification of the terms and conditions of the
				certificate or material modification of the Solar EWG generating facility, the
				change is not material, it may petition the Commission for waiver of the
				requirement to obtain a modification or amendment to its Solar EWG siting
				certificate. The Commission may deny or grant such request or it may limit the
				information required to be filed, depending on the circumstances of the
				proposed modification.
7.2. An
				owner or operator shall request Commission approval of a modification or
				amendment to a Solar EWG siting certificate using Form No. 3, attached to these
				Rules.
7.3. Any application for
				Commission approval of a waiver or modification of a condition previously
				ordered by the Commission and accepted by the original applicant or for a
				material modification to the Solar EWG generating facility shall be accompanied
				with an application fee equaling the greater of $500.00 or one tenth of one
				percent (.001) of the projected capital cost incurred or eliminated by the
				proposed waiver or modifications, provided, however, that the fee shall not
				exceed $40,000.00.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-8 - Standard of Review

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commission will grant an application for a Solar EWG siting certificate or
				modification, if the Commission finds the construction of the facility or
				modification is not contrary to the public interest.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-9 - Transfer or Assignment of Siting Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If an owner or operator of a Solar EWG
				generating facility plans to transfer or assign its Solar EWG siting
				certificate to another entity, the owner or operator shall, at least 30 days
				prior to the closing date of such transfer or assignment, provide the
				Commission with notice of the identity of the transferee, the mailing address
				of the transferee, the names and mailing addresses of the managing members or
				officers of the transferee, and an affidavit of the transferee stating that the
				transferee agrees that it is bound by all terms and conditions of the Solar EWG
				siting certificate for the Solar EWG generating facility.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Section 150-39-10 - Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Civil
				penalties imposed and collected by the Commission pursuant to W. Va. Code
				§
									24-2-11c(f)
				shall be deposited in a special fund designated public service commission fund
				as established in subsection (a), section six [§
									24-3-6],
				article three of Chapter 24 of the West Virginia Code, to be used for the
				purposes set forth in that subsection.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Form 1 - APPLICATION FOR A SOLAR EWG SITING CERTIFICATE[1]

Current through Register Vol. XLI, No. 28, July 12, 2024
Click Here To
				  View Image
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Form 2 - PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON

Current through Register Vol. XLI, No. 28, July 12, 2024
Click Here To
				  View Image
Click Here
				  To View Image
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-39 - Rules Governing Siting Certificates for Solar Exempt Wholesale Generators › Form 3 - APPLICATION FOR MODIFICATION TO OR AMENDMENT OF A SOLAR EWG SITING CERTIFICATE

Current through Register Vol. XLI, No. 28, July 12, 2024
Click Here To
				  View Image
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-40 - Trench Sharing Rules › Section 150-40-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				The following rules govern the procedure for filing and processing trench
				sharing formal complaints. Due to the statutory obligation for the Commission
				to resolve such formal complaints within 45 days of filing, these rules apply
				to such formal complaints, to the exclusion of Rules 6 and 7 of the Rules of
				Practice and Procedure, 150 WVCSR Series 1. In the event of a conflict between
				these rules and the Rules of Practice and Procedure, these rules govern. The
				Rules of Practice and Procedure apply to trench disputes except to the extent
				that these rules differ from the Rules of Practice and Procedure.
1.2. Authority. -- W. Va. Code §
				17-2E-5.
1.3. Filing Date. --
				November 14, 2022.
1.4. Effective
				Date. -- January 13, 2023.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-40 - Trench Sharing Rules › Section 150-40-3 - Answer

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Answer to
				Formal Complaint. -- Within five (5) days from the date of service of the
				complaint each defendant named in the complaint shall file an answer, duly
				verified, and substantially in the form of Form No. 2 of the Rules of Practice
				and Procedure. The Commission may shorten or extend the five (5) day period
				when it deems advisable.
3.2.
				Content. -- The answer shall fully and completely advise the parties and the
				Commission of the nature of the defense, and shall admit or deny specifically
				and in detail each material allegation of the pleading answered. The answer
				shall attach any relevant written documents omitted from the complaint. If the
				relief sought includes a determination of an allocation of trench sharing
				expense, the defendant must present in full the basis for the defendant's
				proposed cost allocation. If the defendant wishes to undertake any discovery in
				the case, the defendant must include a discovery request with the
				answer.
3.3. Satisfaction. -- If a
				defendant satisfies a formal complaint, it shall file a verified statement to
				that effect. The complainant shall have five (5) days to file a response if the
				complainant disputes that the complaint has been satisfied. If the complainant
				does not file such a response, the Commission will then consider whether the
				proceeding should be dismissed.
3.4. Computation of Time. -- In computing any
				period of time prescribed or allowed by these rules, the day of the act, event,
				or default from which the designated period of time begins to run shall not be
				included. The last day of the computed period shall be included, unless it is a
				Saturday, a Sunday, or a legal holiday, in which event the period runs until
				the end of the next day that is not a Saturday, a Sunday or a legal holiday.
				When calculating a period of time from the date of service of a notice or other
				paper, the date of service shall be the date the sender certifies in writing
				that he or she emailed or mailed an item by first class mail, or the date of
				personal service.
West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-40 - Trench Sharing Rules › Section 150-40-4 - Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Discovery
				Requests.
4.1.1. "Discovery requests" as used
				in these rules, include interrogatories, requests for the production of
				documents and things, and requests for admissions. Discovery requests do not
				include Staff or Commission requests made pursuant to statutory
				authority.
4.1.2. A party may serve
				discovery requests in writing upon the attorney for a party, if such party is
				represented by an attorney, or directly upon unrepresented parties, by first
				class mail, email or by hand delivery. Discovery requests must be pertinent to
				substantial issues in the proceeding. Copies of discovery requests, together
				with a certificate of service, shall be filed with the Executive Secretary and
				served upon all parties.
4.1.3.
				Parties served with discovery requests shall respond to each request separately
				and fully, in writing. The responses shall re-state each request, and give the
				response to that request. The party responding shall verify the responses. If
				responses prepared by several persons are compiled by one person the person
				compiling the responses shall verify the responses one time. Responses to
				discovery requests shall be served within seven (7) days after such discovery
				requests were served, or within such specified time as may be fixed by the
				Commission. Responses shall be served only upon the requesting party and any
				other party that has made a written request for the responses. The party
				responding shall file one (1) copy with the Executive Secretary.
4.1.3.a. Responses to discovery requests are
				not part of the evidentiary record of a case unless identified responses are
				made a part of the record by the parties or by Commission order.
4.1.4. The party responding to
				discovery requests shall file any written objections to discovery requests
				within seven (7) days after service of discovery requests or such shorter time
				as directed by the Commission. The responding party may defer responses to
				discovery requests to which it has made objection until the Commission rules on
				any motion to compel. If a motion to compel is granted, the responses shall be
				served within two (2) days after notice of the Commission's action, or as
				otherwise ordered by the Commission.
4.1.5. Objections to discovery requests not
				timely filed are waived, except for good cause shown.
4.1.6. The Commission will not resolve
				discovery disputes unless a motion is filed seeking Commission action. The
				parties have the responsibility to file timely discovery motions, including
				motions to compel the production of information or motions seeking protective
				orders.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-01 - Legislative (Exempt) Rules Pertaining To The General Administration Of The West Virginia Insurance Plan › Section 151-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - These
				legislative (exempt) rules implement the provisions of W. Va. Code §
									5-16-1 et seq. pertaining to the
				general administration of the West Virginia Public Employees Insurance
				Plan.
1.2. Authority. - W.Va. Code
				§
									5-16-1 et seq., W.Va. Code §
									5-16-24.
1.3. Filing Date. - July 1, 2024
1.4. Effective Date. - July 1, 2024
1.5. Repeal of former rule. - This
				legislative exempt rule repeals and replaces the former rule of the same Title
				filed June 29, 2023, and effective July 1, 2024.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-01 - Legislative (Exempt) Rules Pertaining To The General Administration Of The West Virginia Insurance Plan › Section 151-1-2 - Governance of the Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 The
				insurance plans offered by the West Virginia Public Employees Insurance Agency
				shall be governed by:
2.1.a. The "West
				Virginia Public Employees Insurance Agency Plan Document dated July 1, 2024,
				which is herein incorporated by reference, and which is attached to this rule
				as Attachment A; and
2.1.b. The
				"State of West Virginia Public Employees Insurance Agency (PEIA) 2024 Summary
				Plan Description which is herein incorporated by reference, and which is
				attached to this rule as Attachment B.
2.1.c The "State of West Virginia Public
				Employees Insurance Agency (PEIA) 2024 Summary Plan Description Plan C which is
				herein incorporated by reference, and which is attached to this rule as
				Attachment C.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These procedural rules
						establish the general procedures for conducting contested case hearings and the
						issuance of declaratory rulings. The purpose of these rules is to facilitate
						the resolution of contested cases in a just, speedy, and inexpensive manner and
						to provide for declaratory rulings in accordance with Chapter 29A, Article 4,
						Section 1 of the West Virginia Code of 1931, as amended.
1.2. Authority. -- W.Va. Code '5-16-18 and are related to
						'29A-5-1(a) and
						'29A-4-1
1.3. Filing Date. -- December 22,
						1986
1.4. Effective Date. -- April
						1, 1987
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These procedural rules shall apply to
						every person, partnership, association, corporation, public corporation or
						governmental agency affected by any rules, regulations or statutes enforceable
						by the Public Employees Insurance Board.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Agency - means the West Virginia Public
						Employees Insurance Board.
3.2.
						Board - means the West Virginia Public Employees Insurance Board.
3.3. Employee - is defined in Subsection (2),
						Section 2, Article 16, Chapter 5, of the Code of West Virginia, of 1931 as
						amended and purposes of these regulations means any employee for whom insurance
						plans, coverage or services are provided by an employer through the
						Board.
3.4. Employer - is defined
						in Subsection (4), Section 2, Article 16, Chapter 5, of the Code of West
						Virginia, of 1931 as amended and purposes of these regulations means an
						employer for whom insurance plans, coverage of services are provided by the
						Board.
3.5. Executive secretary -
						means the executive secretary of the West Virginia Public Employees Insurance
						Board.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-4 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Demand for Hearing; Form Required - Any
						party who demands a hearing to have determined any constitutional rights, legal
						rights, duties interests or privileges of specific parties as required by law
						shall specify in writing the grounds relied upon as a basis for the relief
						requested.
4.2. Hearing on Written
						Demand - When the executive secretary is presented with a demand for a hearing,
						the executive secretary shall conduct a hearing or cause a hearing to be
						conducted within forty-five (45) days of receipt of such written demand, unless
						postponed to a later date pursuant to these rules. However, if the executive
						secretary shall determine that the hearing demanded:
(A) Would involve an exercise of authority in
						excess of that available under law; or
(B) Would serve no useful purpose; the
						executive secretary shall, within twenty (20) days of the receipt of such
						demand enter an Order refusing to grant the hearing as requested, incorporating
						therein the reason for such refusal. Appeal may be taken from such Order as
						provided in Chapter 29A, Article 5, Section 4 of the West Virginia Code of
						1931, as amended.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-5 - Continuation and Adjournment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Hearings may
						be continued from one (1) day to another or adjourned to a later date or a
						different place by announcement thereof at the hearing or by appropriate notice
						to all parties. A written motion for a continuance shall be filed at least five
						(5) days prior to the hearing date. Each party, agency or employer shall be
						permitted one (1) continuance. Any additional continuances shall be granted
						only upon good cause shown, which shall not include scheduling
						conflicts.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-6 - Transcription of Reported Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. What Reported - All testimony, evidence,
						arguments, and rulings on the admissibility of testimony and evidence shall be
						reported by stenographic notes and characters or by mechanical means.
6.2. Request from any Party - Upon the
						request to the agency from any part to the hearing, all reported materials
						shall be transcribed and a copy thereof furnished to such party at such party's
						sole expense.
6.3. Transcription in
						the Event a Hearing Examiner is Appointed - In all cases where a hearing
						examiner is appointed, all reported material shall be transcribed and forwarded
						to the executive secretary. Any parties requesting a copy of a transcript
						prepared pursuant to this Subsection shall be furnished a copy at their
						expense.
6.4. Responsibility for
						Transcript - The agency shall have the responsibility for making arrangements
						for the transcription of the reported testimony and evidence. In the event
						transcription is required pursuant to this Section it shall be accomplished
						with all dispatch.
6.5. Correction
						of Error in Transcript - Upon the motion of the agency, employer or any party
						assigning error or omission in any part of any transcript, the agency through
						the executive secretary or the duly appointed hearing examiner shall settle all
						differences arising as to whether such transcript truly discloses what occurred
						at the hearing and shall direct that the transcript be corrected and revised in
						the respects designated, so as to make it confirm to the whole truth.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-7 - Submission of Proposed Findings of Fact and Conclusions of Law; Time for Submission

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any party,
						including the agency and employer, may submit to the director proposed findings
						of fact and conclusions of law within fourteen (14) days of the conclusion of a
						hearing or, in the event the proceedings of a hearing are transcribed, within
						fourteen (14) days from the date the final transcript is available.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-8 - Appointment of Hearing Examiner; Function of Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The executive secretary may, in the
						exercise of discretion, appoint a hearing examiner who shall be empowered to
						issue orders for the production of witnesses and documents, administer oaths,
						rule on evidentiary questions, hold conferences for the settlement or
						simplification of issues by consent of the parties, otherwise conduct hearings
						as provided herein, and issue findings of fact and conclusions of law and
						recommended decisions or action.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-9 - Conferences; Informal Disposition of Cases; Disposition of Cases Without Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Conferences;
						Informal Disposition of Cases - At any time prior to the hearing or thereafter,
						the executive secretary, or the duly appointed hearing examiner, may hold
						status and pre-hearing conferences:
(A) To
						dispose of procedural request or similar matters;
(B) To simplify or settle issues by consent
						of the parties; or
(C) To provide
						for the informal disposition of cases by stipulation, agreed settlement, or
						consent.
The executive secretary, or the duly appointed hearing
							examiner, may cause such conferences to be held on his or her own motion or by
							the request of any party.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-10 - Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Depositions Permitted - Evidentiary
						depositions may be taken and read into evidence as in civil actions in the
						circuit courts of this state.
10.2.
						Agency and Employer Files - A copy of the agency any employer file shall be
						furnished any interested party upon request, except for any matter specifically
						excluded by law.
10.3. Further
						Pre-hearing Discovery - Upon request and for good cause shown the executive
						secretary or hearing examiner may permit other forms of discovery used in trial
						courts of record in this State, with proper limits in the
						circumstances.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-11 - Orders; Content

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Within
						forty-five (45) days following the submission of all evidence, testimony,
						documents and materials necessary for the proper disposition of the case,
						including transcripts and proposed findings of fact and conclusions of law, the
						executive secretary or hearing examiner shall issue his or her findings of fact
						and conclusions of law and recommended decision or action, all of which shall
						be tendered to the Board for entry of a final order. Every final order entered
						by the Board following a hearing conducted pursuant to these rules, shall be
						made pursuant to the provisions of Chapter 29A, Article 5, Section 3 of the
						West Virginia Code of 1931, as amended. A copy of the order and accompanying
						decision, findings and conclusions shall be served upon each party, and such
						party's counsel of record, if any, in person or by registered or certified
						mail.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-12 - Declaratory Ruling - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. On petition
						of any interested person, the executive secretary may issue a declaratory
						ruling with respect to the applicability to any person, property or state of
						facts of any law, rule, regulation or statute enforceable by the
						Board.
12.2. Any interested person
						shall petition the executive secretary in writing, succinctly stating the
						issues upon which the declaratory ruling is requested.
12.3. Upon receipt of such petition, the
						executive secretary may cause a hearing to be held for the presentation of
						arguments and evidence.
12.4. A
						declaratory ruling issued upon petition, proper notice and argument shall not
						preclude the petitioner from seeking a contested case hearing in accordance
						with the provisions of these Rules of Procedure for Contested Case Hearings and
						Declaratory Rulings. Such declaratory ruling shall serve only to explain or to
						elucidate the applicability to any person, property, or state of facts or any
						rule or stature enforceable by the Board and shall not be binding on any
						person.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-13 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. An appeal from any final order entered
						in accordance with these regulations shall be in accordance with the provisions
						of Chapter 29A, Article 5, Section 4 of the West Virginia Code of 1931, as
						amended.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-03 - Rules Of Procedure For Contested Case Hearing And Declaratory Rulings › Section 151-3-14 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. If any provision of these rules or the
						application thereof to any person or circumstance shall be held invalid, such
						invalidity thereof shall not affect the provision or application of these
						regulations which can be given effect without the invalid provision or
						application and to this end the provisions of these regulations are declared to
						be severable.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-04 - Procedural Rules For The Public Employees Insurance Agency Finance Board › Section 151-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule
						establishes procedures for operation of the West Virginia Public Employees
						Insurance Agency Finance Board. The rule establishes procedures by which the
						time and place of all regularly scheduled meetings and the time, place and
						purpose of all special meetings of the Finance Board will be made available, in
						advance, to the public and news media, as required by W. Va. Code
						'6-9A-3.
1.2. Authority. -- W. Va. Code
						''6-9A-3;
						5-16-3(c);
						5-16-24.
1.3. Filing Date. -- November 13,
						1990.
1.4. Effective Date. --
						December 13, 1990.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-04 - Procedural Rules For The Public Employees Insurance Agency Finance Board › Section 151-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Chairperson" means the Director of the
						West Virginia Public Employees Insurance Agency.
2.2. "Decision" means any determination,
						action, vote or final disposition of a motion, proposal, resolution, order or
						measure on which a vote of the Finance Board is required at any meeting at
						which a quorum is present.
2.3.
						"Executive session" means any meeting or part of a meeting of the Finance Board
						which is closed to the public.
2.4.
						"Finance Board" means the West Virginia Public Employees Insurance Agency
						Finance Board, created by W. Va. Code '5-16-4.
2.5. "Meeting" means the convening of the
						Finance Board for which a quorum is required in order to make a decision or to
						deliberate toward a decision on any matter, but such term does not include:
(a) any meeting for the purpose of making an
						adjudicatory decision in any quasi-judicial or administrative proceeding;
(b) any on-site inspection of any
						project or program; or
(c) any
						public hearing conducted solely for the purpose of receiving public comment or
						making information available to the public, and at which no decision or
						deliberation toward a decision will be made by the Finance Board.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-04 - Procedural Rules For The Public Employees Insurance Agency Finance Board › Section 151-4-3 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Meetings of the Finance Board may be
						called by the chairperson or upon the written request to the chairperson of at
						least two members.
3.2. The
						chairperson shall notify each Finance Board member in writing at least three
						(3) days in advance of a meeting. The notice shall set forth the time and place
						of a regularly scheduled meeting and the time, place and purpose of a special
						meeting.
3.3. Except in the event
						of an emergency requiring immediate official action, the chairperson shall
						notify the public and news media of a meeting by filing a notice with the
						Secretary of State for publication in the state register. The notice shall
						state the time, place and purpose of the meeting. Each notice shall be filed in
						a manner to allow it to appear in the state register at least five (5) days
						prior to the date of the meeting.
3.4. In the event of an emergency requiring
						immediate official action, the Finance Board may file an emergency meeting
						notice at any time prior to the meeting. The notice shall state the time, place
						and purpose of the meeting and the facts and circumstances of the
						emergency.
3.5. Meetings may be
						continued to a set time and place by a majority vote of the Finance Board
						members at a meeting at which a quorum is present, without further notice to
						the members and without further publication, unless such continued meeting is
						scheduled for more than fourteen (14) days after the date of the vote to
						continue.
3.6. Meetings of the
						Finance Board shall be conducted in accordance with the most recent edition of
						Robert's Rules of Order, including specifically the less formal procedures
						contained therein for small boards.
3.7. One or more members of the Finance Board
						may participate in a regular or special meeting by means of conference
						telephone or similar electronic communications equipment, provided that all
						persons participating in the meeting, including members of the public and news
						media if present, can hear each other. Participation by conference telephone or
						similar electronic means shall constitute presence in person at the
						meeting.
3.8. Whenever a vote of
						the Finance Board is required or permitted, this vote may be taken orally
						during a telephone or other electronic conference conducted in conformance with
						subsection 3.7 of this rule. Any agreement reached shall be reduced to writing
						and approved by the Finance Board members at their next regular meeting after
						the conference.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-04 - Procedural Rules For The Public Employees Insurance Agency Finance Board › Section 151-4-4 - Public hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
						presence of a quorum of Finance Board members shall not be required at any
						public hearing conducted solely for the purpose of receiving public comment or
						making information available to the public, and at which no decision or
						deliberation toward a decision will be made by the Finance Board.
4.2. The Finance Board, in its discretion,
						may designate one or more of its members or any other appropriate person to
						preside over and conduct any public hearing which the Finance Board is required
						or elects to conduct.
4.3. At any
						public hearing at which a quorum of Finance Board members is not present,
						arrangements shall be made to prepare a verbatim record, by either stenographic
						notes or mechanical recording device, of all public comments offered at the
						hearing.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-04 - Procedural Rules For The Public Employees Insurance Agency Finance Board › Section 151-4-5 - Meetings generally open to public; executive session

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All meetings of the Finance Board shall
						be open to the public. Provided, that the Finance Board may hold an executive
						session during a regular, special or emergency meeting, after the presiding
						officer has identified to the authorization under W. Va. Code '6-9A for the
						holding of such executive session and has presented it to the Finance Board and
						to the general public. No decision shall be made in an executive
						session.
5.2. An executive session
						may be held only upon a majority affirmative vote of the Finance Board at a
						meeting at which a quorum is present, for one of the reasons enumerated in W.
						Va. Code '6-9A-4 or as expressly and
						specifically otherwise provided by law.
5.3. The Finance Board may adopt and enforce
						reasonable restrictions on attendance and presentation at any meeting or public
						hearing where there is not sufficient room to accommodate all members of the
						public who wish to attend. Such restrictions may include, but are not limited
						to, limiting the number of people who may be present in the meeting room at one
						time, limiting the length of time individual members of the public may remain
						in the room, and limiting the length of remarks by individual members of the
						public at a meeting or public hearing at which the public is invited to address
						the Finance Board. The Finance Board may also invite and encourage individuals
						to submit written comments in lieu of speaking at a meeting or public hearing.
						The Finance Board shall make every reasonable effort to accommodate as many
						members of the public who wish to attend a meeting or public hearing as
						possible.
5.4. The chairperson may
						order the removal from a meeting or public hearing of any member of the public
						who is disrupting the proceeding to the extent that orderly conduct of the
						proceeding is compromised.
5.5. All
						members of the public who attend a meeting or public hearing of the Finance
						Board may indicate their presence by signing a register of attendance. The
						register may provide a place for members of the public to indicate whether or
						not they wish to address the Finance Board. Persons who desire to speak shall
						not be required to register more than fifteen (15) minutes prior to the time
						the scheduled meeting or public hearing is to commence.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-04 - Procedural Rules For The Public Employees Insurance Agency Finance Board › Section 151-4-6 - Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All decisions of the Finance Board shall
						require the affirmative vote of a majority of the members present and voting at
						a meeting at which a quorum is present.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-04 - Procedural Rules For The Public Employees Insurance Agency Finance Board › Section 151-4-7 - Minutes; records

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Finance
						Board shall provide for the preparation of written minutes of all of its
						meetings. All such minutes shall be available to the public within a reasonable
						time after the meeting and shall include at least the following:
7.1.1. The date, time and place of the
						meeting;
7.1.2. The name of each
						member of the Finance Board present and absent;
7.1.3. All motions, proposals, resolutions,
						orders and measures proposed, the name of the person proposing the same and
						their disposition; and
7.1.4. The
						results of all votes and, upon the request of a member, the vote of each
						member, by name.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule
						establishes procedures for operation of the West Virginia Public Employees
						Insurance Agency Advisory Board. The rule establishes procedures by which the
						time and place of all regularly scheduled meetings and the time, place and
						purpose of all special meetings of the Advisory Board will be made available,
						in advance, to the public and news media, as required by W. Va. Code §
									6-9A-3.
1.2. Authority. -- W.Va. Code §§
									6-9A-3;
						5-16-3(c);
						5-16-24.
1.3. Fixing Date. -- June 20 ,1991
1.4. Effective Date. --
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Advisory Board" means the West Virginia
						Public Employees Insurance Agency Advisory Board, created by W. Va. Code §
									5-16-6.
2.2. "Chairperson" means:
(a) the member of the Advisory Board elected
						by the Advisory Board pursuant to W. Va. Code §
										5-16-6 to serve as its chairperson;
						or
(b) in the absence of the
						chairperson, the member who has been elected to serve as vice chairperson, if
						the Advisory Board has chosen to create and fill this position; or
(c) such other person designated by the
						chairperson or vice chairperson to call or preside over a meeting of the
						Advisory Board.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-4 - Public hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
						presence of a quorum or Advisory Board members shall not be required at any
						public hearing conducted solely for the purpose of receiving public comment or
						making information available to the public, and at which no decision or
						deliberation toward a decision will be made by the Advisory Board.
4.2. The Advisory Board, in its discretion,
						may designate one or more of its members or any other appropriate person to
						preside over and conduct any public-hearing which the Advisory Board elects to
						conduct.
4.3. At any public hearing
						at which a quorum of Advisory Board members is not present, arrangements shall
						be made to prepare a verbatim record, by either stenographic notes or
						mechanical recording device, of all public comments offered, at the
						hearing.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-5 - Meetings generally open to the public; executive session

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All meetings of the Advisory Board shall
						be open to the public. Provided, however, that the Advisory Board may hold an
						executive session during a regular, special or emergency meeting, after the
						presiding officer has identified the authorization under W. Va. Code chapter
						six, article nine-a for the holding of such executive session and has presented
						it to the Advisory Board and to the general public. No decision shall be made
						in an executive session.
5.2. An
						executive session may be held only upon a majority affirmative vote of the
						Advisory Board at a meeting at which a quorum is present, for one of the
						reasons enumerated in W. Va. Code §
									6-9A-4 or as expressly and
						specifically otherwise provided by law.
5.3. The Advisory Board may adopt and enforce
						reasonable restrictions on attendance and presentation at any meeting or public
						hearing where there is not sufficient room .to accommodate all members of the
						public who wish to attend. Such restrictions may include, but are not limited
						to, limiting the number of people who may be present in the meeting room at one
						time, limiting the length of time individual members of the public may remain
						in the room, and limiting the length of remarks by individual members of the
						public at a meeting or public hearing at which the public is invited to address
						the Advisory Board. The Advisory Board may also invite and encourage
						individuals to submit written comments in lieu of speaking at a meeting or
						public hearing. The Advisory Board shall make every reasonable effort to
						accommodate as many members of the public who wish to attend a meeting or
						public hearing as possible.
5.4.
						The chairperson may order the removal from a meeting or public hearing of any
						member of the public who is disrupting the proceeding to the extent that
						orderly conduct of the proceeding is comprised.
5.5. All members of the public who attend a
						meeting or public hearing of the Advisory Board may indicate their presence by
						signing a register of attendance. The register may provide a place for members
						of the public to indicate, whether or not they wish to address the Advisory
						Board. Persons who desire to speak shall not be required to register more than
						fifteen (15) minutes prior to the time the scheduled meeting or public hearing
						is to commence.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-6 - Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All official decisions of the Advisory
						Board shall require the affirmative vote of a majority of the members present
						and voting at a meeting at which a quorum is present. Each member shall be
						entitled to one vote on each question before the Advisory Board. Nothing in
						this rule shall be construed to prohibit or restrict any individual Advisory
						Board member or members from conveying their personal opinions, advice or
						recommendations to the Director on any matter regarding the administration and
						management of the West Virginia Public Employees Insurance Agency.
West Virginia Code of State Rules › Agency 151 - Public Employees Insurance Agency › Title 151 - LEGISLATIVE RULES PUBLIC EMPLOYEES INSURANCE AGENCY › Series 151-05 - PROCEDURAL RULES FOR THE PUBLIC EMPLOYEES INSURANCE AGENCY ADVISORY BOARD › Section 151-5-7 - Proxies

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An Advisory Board member may by proxy
						designate another individual to represent him or her at an Advisory Board
						meeting and to vote on some or all matters which may come before the Advisory
						Board. Because the purpose of the Advisory Board is to provide the Director
						with advice from a broad spectrum of individuals and interests, Advisory Board
						members are encouraged to make every effort to attend Advisory Board meetings
						in person. If, however, a member cannot personally attend, he or she is
						encouraged to designate as proxy another individual from his or her
						organization or representing his or her category of membership (e.g., health
						care providers, public employees, retired public employees or educators). If
						necessary, a member may designate another member as his or her proxy.
7.2. All proxies shall be in writing, dated
						and signed by the member granting it. A proxy may grant limited or unlimited
						authority, and may be revoked at any time by the member. A proxy shall be valid
						only for a specific meeting and any continuation of that meeting.