West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-13 - Procedural Rules for the Industrial Council › Section 85-13-4 - Meetings; Rules of Order; Selection of Vice-Chairperson

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Meetings of the Council may be called by
				the Chairperson, and the Chairperson shall call a meeting upon the request of
				at least three (3) Members: Provided, That the Council must meet no less
				frequently than once every three (3) months. All meetings shall be held at
				locations and in facilities large enough to comfortably accommodate Members,
				Advisory Members and a reasonable number of public observers and participants.
				The Chairperson may elect to hold meetings in-person or virtually via
				videoconferencing or teleconferencing, or by a combination thereof, but is not
				required to permit virtual attendance options. The Chairperson may allow
				virtual public participation at his or her discretion.
4.2. The Chairperson, or his or her designee,
				shall notify Members and Advisory Members in writing at least seven (7) days in
				advance of a meeting. The notice shall set forth the time and place of such
				meeting and the matters to be considered, except that such notice is not
				required if the time, the place, and the matters for consideration have been
				fixed in a meeting where all the Members and Advisory Members are
				present.
4.3. The Chairperson, or
				his or her designee, shall notify the public and the news media by filing with
				the office of the Secretary of State an electronic public notice of the
				meeting. The notice shall be filed in a manner so as to allow each notice to
				appear on the Secretary of State's website at least five (5) business days
				prior to the date of the meeting. The public notice shall contain the time, the
				place, and purpose of the meeting. The Commissioner shall also post public
				notice of the meeting in an easily identifiable place on his or her public
				website.
4.4. The provisions of
				sections 4.1, 4.2 and 4.3 of this rule shall not apply in the event of an
				emergency requiring immediate official action by the Council. In the event of
				an emergency requiring immediate official action, the Council may file an
				emergency meeting notice at any time prior to the meeting. The emergency
				meeting notice shall state the time, place, and purpose of the meeting and the
				facts and circumstances of the emergency. The Commissioner shall also post
				public notice of an emergency meeting in an easily identifiable place on his or
				her public website as soon as reasonably practical prior to the
				meeting.
4.5. Meetings may be
				continued to a set time and place by an affirmative vote of three (3) Members
				without further notice to the Members and Advisory Members and without further
				publication unless such continued meeting is scheduled for more than fourteen
				(14) days from the date of the voting.
4.6. All Members and Advisory Members present
				at a meeting shall have the same right to participate in discussion of matters
				before the Council.
4.7. The
				Council shall consider any matter brought before it by the Chairperson or any
				Member or Advisory Member and may consider, at its discretion, any matter
				referred to it by a person not a Member or Advisory Member.
4.8. Meetings of the Council shall be
				conducted in accordance with the most recent edition of Robert's Rules of
				Order.
4.9. Members shall select a
				Member to serve as Chairperson and another Member to serve as Vice-Chairperson.
				The Vice-Chairperson shall preside in the absence of the Chairperson. The terms
				of the Chairperson and Vice-Chairperson shall be for one (1) year, from July 1
				to June 30, but the incumbent shall continue to serve until replaced. A vacancy
				may be filled by electing a new Chairperson or Vice-Chairperson for the
				remainder of a term. A Member may be reelected as Chairperson or
				Vice-Chairperson. The Commissioner, or his or her designee, shall serve as
				secretary of the Council.
4.10. A
				Member participating virtually in a meeting, whether through teleconferencing
				or videoconferencing, may vote for or against any motion offered by a Member
				that is seconded by another Member.
4.11. In an effort to achieve desired
				efficiencies, the Chairperson will endeavor to set the meetings of the full
				Council on the same day with any necessary subcommittee
				meetings.