reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-12 - Criminal Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A
				participating or certified candidate is guilty of a misdemeanor and, upon
				conviction, shall be fined not less than $50 nor more than $500, or confined in
				jail for up to thirty days or both for knowingly doing any of the following:
12.1.a. Personally or through his or her
				candidate's committee, accepting contributions or benefits in excess of what
				article 12 allows;
12.1.b. Spending
				or obligating funds in excess of the public campaign funding to which he or she
				is entitled; or
12.1.c. Using
				benefits or funds for a purpose other than those permitted under article
				12.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-13 - Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A
				participating or certified candidate is subject to civil penalties if the
				candidate, or the candidate's committee or financial agent:
13.1.a. Accepts contributions from a private
				source in violation of the provisions of article 12; or
13.1.b. Spends or obligates to spend more
				than the amount of public financing money he or she is eligible to receive from
				the Fund.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-05 - West Virginia Supreme Count of Appeals Public Campaign financing Program › Section 146-5-14 - Determinations by SEC; Notice of Meetings; Appeal Process

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Meetings required by article 12 to be
				conducted by the Commission are not subject to the public notice and open
				meeting requirements of chapter 6, article 9A, of the West Virginia Code.
Before conducting any meeting that may result in an adverse
				  impact upon any participating or certified candidate, the Commission will give
				  notice to the potentially affectedcandidates. The notice does not have to
				  comply with the requirements of Chapter 6, article 9A of the West Virginia
				  Code.
14.2. The SEC shall
				provide public notice of any determination it makes which impacts a candidate's
				eligibility to receive funds pursuant to the provisions of article
				12.
14.3. The determination of any
				issue before the Commission is the final administrative
				determination.
14.4. Any person
				adversely affected by a determination of the Commission under the provisions of
				article 12 may appeal that determination to the circuit court of Kanawha
				County.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-06 - Rules of Procedure for Appeals from Denial of Certificate of Authorization to Print Ballots › Section 146-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule establishes the general procedures for appeals to the State
				Election Commission from denial, suspension or revocation, by the Secretary of
				State, of a certificate of authorization to print ballots used in West Virginia
				elections.
1.2. Authority. -- W.
				Va. Code §§
									3-1A-5
				and
				3-1-21a
1.3. Filing Date. -July 30, 2015.
1.4. Effective Date. -- September 1,
				2015.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-06 - Rules of Procedure for Appeals from Denial of Certificate of Authorization to Print Ballots › Section 146-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "File" means
				submit in person, or by mail, email, or fax. The date of filing will be the
				date delivered in person, by email, or fax and the date of postmark if
				mailed.
2.2. "Hearing" means a
				proceeding conducted by a hearing officer convened for the purpose of taking
				testimony, considering arguments, and making to the State Election Commission a
				recommended decision on an appeal by a vendor denied authorization to print
				ballots, or by a vendor whose authorization has been revoked or
				suspended.
2.3. "Hearing Officer"
				means a person selected by the Secretary of State to conduct the appeal hearing
				and issue a proposed Order, with findings of fact and conclusions of law,
				resolving the appeal
2.4.
				"Secretary" means the Office of the Secretary of State.
2.5. "SEC" means the State Election
				Commission.
2.6. "Vendor" means any
				person, firm, or group seeking or holding authorization issued by the Secretary
				of State to print ballots for any election held in West Virginia.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-06 - Rules of Procedure for Appeals from Denial of Certificate of Authorization to Print Ballots › Section 146-6-3 - Notice of Appeal Following Denial, Suspension or Revocation of Certificate of Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				determination by the Secretary, pursuant to W.Va. Code §
									3-1-21a,
				to deny an application for certificate of authority to print ballots, or
				suspend or revoke such authority, shall be mailed to the vendor by certified
				mail, return receipt requested.
3.2. The vendor may appeal the Secretary's
				denial to the SEC.
3.3. The appeal
				must be in writing and submitted to the Secretary.
3.4. The appeal must be received by the
				Secretary within sixty (60) days from the date the notice of suspension or
				revocation is mailed to the vendor by the Secretary.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-06 - Rules of Procedure for Appeals from Denial of Certificate of Authorization to Print Ballots › Section 146-6-4 - Scheduling Appeal Hearing; Time for filing written arguments and evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Secretary
				shall notify the SEC and schedule a date and time to hear the appeal of the
				vendor.
4.2. The Secretary shall
				select a Hearing Officer and shall schedule a hearing to be held within sixty
				(60) days from receipt of the appeal by the Secretary.
4.3. Notice of the hearing date and time
				shall be provided to the vendor at least thirty days before the date of the
				hearing.
4.4. The Hearing Officer
				may schedule a date in advance of the hearing by which the vendor must file any
				written arguments, citations of authority, or documentary evidence to be
				considered by the hearing officer. If no scheduling order is issued by the
				Hearing Officer, then all matters to be considered must be submitted no later
				than the hearing.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-06 - Rules of Procedure for Appeals from Denial of Certificate of Authorization to Print Ballots › Section 146-6-5 - Conduct of Hearing; Legal Representation; Continuance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The hearing may be continued, and
				rescheduled, for good cause as determined by the Hearing Officer.
5.2. The vendor may be represented by legal
				counsel. The SEC may be represented by the Attorney General. Members of the SEC
				may attend the hearing and may ask questions through their counsel.
5.3. The vendor may present testimony under
				oath and argument for the consideration of the SEC. The SEC, or individual
				members, may question any witness or presenter through counsel.
5.4. The Hearing Officer may question any
				witness or presenter and may require the presence of staff of the Secretary to
				answer questions and address matters that may arise during the
				hearing.
5.5. The vendor may submit
				proposed findings of fact and conclusions of law at the hearing or at any
				post-hearing time permitted by the hearing officer.
5.6. The hearing shall be recorded, but only
				transcribed if an appeal from the final order is made or if requested by the
				vendor. The vendor is responsible for the cost of a requested
				transcription.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-06 - Rules of Procedure for Appeals from Denial of Certificate of Authorization to Print Ballots › Section 146-6-6 - Orders; Content; Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Hearing
				Officer shall file with the Secretary a proposed Order, including findings of
				fact and conclusions of law, resolving the appealno later than fifteen days
				after the conclusion of the hearing or the expiration of any time for
				post-hearing filings, whichever is later.
6.2. The SEC shall hold a meeting within
				fifteen days of receipt of the proposed Order and, by a majority vote of a
				quorum of the SEC membership, shall either adopt the proposed Order or direct
				the writing of a different Order.
6.3. Every final order entered by the SEC
				shall be made pursuant to the provisions of W. Va. Code §
									29A-5-3. The
				final order need only be signed by one member, as designated by vote of the
				SEC.
6.4. An appeal from any final
				order entered in accordance with these regulations shall be in accordance with
				the provisions of W. Va. Code §
									29A-5-4.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-06 - Rules of Procedure for Appeals from Denial of Certificate of Authorization to Print Ballots › Section 146-6-7 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-07 - Application and Approval Process For Secretary of State Expenditures From The County Assistance Voting Equipment Fund › Section 146-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Rule provides the criteria governing the application and approval process for
				these expenditures by the Secretary of State from the County Assistance Voting
				Equipment Fund, for the purchase of election equipment or security upgrades
				that further the administration of federal elections held in the state, where
				such expenditures are limited to election equipment, systems, infrastructure,
				physical and cyber security upgrades, or any other lawful purpose permitted by
				the pertinent appropriation from Congress.
1.2. Authority. -- W. Va. Code §
									3-1-48(m).
1.3. Filing Date. -- May 8, 2024.
1.4. Effective Date. -- May 8,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect August 1,
				2029.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-07 - Application and Approval Process For Secretary of State Expenditures From The County Assistance Voting Equipment Fund › Section 146-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Approved"
				means authorization granted by the State Election Commission or the U.S.
				Election Assistance Commission.
2.2. "Election system" means any mechanical
				device, hardware, software, or combination thereof designed to work or operate
				in conjunction with, secure, maintain, or improve any part of the voting
				process or systems, including but not limited to accessible electronic voting
				systems and e-pollbooks.
2.3.
				"Electronic pollbook" or "e-pollbook" means an approved electronic device
				containing voter registration information for the purpose of facilitating
				voting at the precinct.
2.4.
				"Electronic voting system" means one or more approved accessible integrated
				devices that utilize an electronic component for the following functions:
				ballot presentation, vote capture, vote recording, or vote
				tabulation.
2.5. "Fund" means the
				County Assistance Voting Equipment Fund bearing the designation "1615" by the
				State.
2.6. "Grant" means a sum of
				money authorized for disbursement by the State Election Commission to a county
				subgrantee from the Fund to improve the administration of elections for Federal
				office, including to enhance election technology and make election security
				improvements, such as electronic voting system upgrades, cybersecurity
				enhancements, physical security upgrades, and e-pollbooks.
2.7. "HAVA" means the Help America Vote Act,
				52 U.S.C. §
										20901, et seq.
2.8. "HAVA Grant Board" means a body
				authorized by W. Va. Code §
									3-1-48 for the purpose of making
				recommendations to the State Election Commission to issue grants from the Fund
				consistent with this Rule and 153 CSR 10.
2.9. "Physical security" means equipment and
				techniques employed to securely administer a federal election, such as to
				protect hardware, software, networks and data from physical actions, tampering,
				and events that could cause loss or damage to election systems due to burglary,
				theft, vandalism, terrorism, fire, flood, or natural disaster. The term also
				includes the addition of necessary and reasonable resources and staff to
				protect the integrity of a federal election, such as unanticipated increases in
				election materials and supplies, cleaning or sanitization supplies, temporary
				staff, and other items or expenditures permitted by federal law.
West Virginia Code of State Rules › Agency 146 - Election Commission › Title 146 - LEGISLATIVE RULE ELECTION COMMISSION › Series 146-07 - Application and Approval Process For Secretary of State Expenditures From The County Assistance Voting Equipment Fund › Section 146-7-3 - Secretary of State Application for Grant Funding for the Purchase of Election Equipment or Security Upgrades

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Secretary of State may apply to the
				State Election Commission for approval of a grant from the Fund to purchase of
				election equipment or security upgrades that further the administration of
				federal elections held in West Virginia:
Provided
, that such
				expenditures shall be limited to election equipment, systems, infrastructure,
				physical and cyber security upgrades, or any other lawful purpose permitted by
				the pertinent appropriation from Congress.
3.2. The Secretary of State's request for
				approval to the State Election Commission shall be by written application,
				which shall include the following information:
3.2.1. The amount of grant money
				requested;
3.2.2. The proposed use
				of funds, including type of equipment, software, and services to be purchased
				and the quantity thereof, if applicable;
3.2.3. A description of the circumstances or
				justifications that require the Secretary of State, rather than individual
				counties, to seek a grant from the Fund for the proposed use(s); and
3.2.4. A statement that the Secretary of
				State has the authority to make the proposed purchases through lawful
				purchasing procedures; and
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes general
				procedures for the submission, review and processing suggestions by employees
				of the State of West Virginia to the Employee Suggestion Award Board to cause
				substantial savings or improvement in state government operations. Employees
				may receive an honorary or cash award for adopted suggestions.
1.2. Authority. -- W. Va. Code
				§
									5A-1A-3.
1.3. Filing Date. --
				June 4, 2009.
1.4. Effective Date.
				-- July 4, 2009.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-2 - Purpose and Objectives of the West Virginia Public Employee Suggestion Program

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Purpose. --
				The primary goal of W. Va. Code § 5A-1A-et. seq. is to establish the
				Employee Suggestion Award Program for employees of state government. Under this
				program, the Board will make cash or honorary awards to state employees whose
				adopted suggestions result in substantial savings or improvement in state
				government operations.
2.2. The
				specific objectives of the program are to:
2.2.1. Stimulate creative and innovative
				thinking by state government employees;
2.2.2. Develop a climate in state government
				which motivates employees to submit their ideas and suggestions for
				improvements;
2.2.3. Provide an
				impartial review and evaluation of employee suggestions by persons qualified to
				judge their merits; and
2.2.4.
				Ensure that meritorious suggestions are appropriately rewarded and that
				appropriate recognition is given to the employee.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Employee Suggestion Award Board" or
				"Board" means the Board created by W. Va. Code §
									5A-1A-2.
3.2. "Department Head" means the official in
				charge of a particular state government department or agency.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-4 - Responsibility of the Employee Suggestion Award Board

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The establishment, administration,
				execution and enforcement of W. Va. Code §
									5A-1A-1, et. seq., and policies
				and rules of the Employee Suggestion Program are the responsibility of the
				Employee Suggestion Award Board.
4.2. The Board shall install and maintain any
				necessary record keeping systems, establish and promote an adequate employee
				and public information program, periodically analyze the effects of the
				Employee Suggestion Program and prepare an annual report to the
				Governor.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-5 - Eligible Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any state
				employee who is eligible for membership in a state retirement program is
				eligible to participate in the Employee Suggestion Award Program except as
				described in section 5.2 and in section 6 of these rules. Temporary and less
				than one-half full-time equivalent part-time state employees, though not
				eligible for membership in a state retirement program, are, nevertheless,
				eligible to participate in the Employee Suggestion Award Program.
5.2. Employees whose primary duties concern
				administrative planning and research, or whose normal duties include the making
				of suggestions, or who are expected as part of their job to develop ideas for
				improvement and to act upon them, are eligible for an award only for those
				suggestions not related to their areas of responsibility.
5.3. Any former state employee who has
				submitted an employee suggestion prior to the termination of the employee's
				employment is still eligible for an award.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-6 - Ineligible Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board
				may not make an award to any employee for any suggestion which would be
				expected from the performance of the employee's normal duties and
				responsibilities.
6.2. The Board
				may not give an award to a supervisory employee for a suggestion made by a
				subordinate employee if the supervisory employee has the authority to implement
				the suggestion. The Board may not give an award to a supervisory employee for a
				suggestion if the supervisory employee has the authority to implement the
				suggestion, unless the suggestion has application to units other than the
				supervisor's unit.
6.3. The Board
				may not make an award to any employee whose primary duty is research, planning,
				investigation or management analysis and evaluation unless the suggestion
				concerns a matter which is clearly unrelated to the employee's current
				assignment or primary duty.
6.4.
				The Board may not give an award to an employee whose suggestion relates to a
				special problem specifically assigned to the employee for solution, unless the
				suggestion has broad application surpassing the scope of the
				assignment.
6.5. Normally, the
				Board may not make cash awards to any employee associated with the Employee
				Suggestion Award Program. Under special circumstances the Board may authorize
				exceptions, and in all such cases the employee must disqualify himself or
				herself from making any evaluations or recommendations regarding his or her
				suggestion.
6.6. Former state
				government employees are not eligible to submit suggestions for award after
				their last work day.
6.7. Any state
				employee convicted of a felony connected with state government employment is
				not eligible for an award.
6.8. The
				Board may consider an employee ineligible for an honorary or monetary award if
				the employee is involuntarily terminated as a result of misconduct related to
				his or her employment.
6.9. The
				Board may postpone reviewing a suggestion if the employee is under suspension
				or investigation for misconduct as a result of conduct related to his or her
				employment.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-7 - Eligible Suggestions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any
				suggestion which is useful, practical and constructive and is of benefit to the
				state is eligible for an award, unless it is ineligible under the provisions of
				section 8 of these rules.
7.2. A
				suggestion may involve an entirely new idea, improvement of an existing process
				or activity or an application of an old idea which can be adopted to the
				state's benefit.
7.3. If a
				suggestion is modified by the Board or any implementing agency, the employee
				remains eligible for an award.
7.4.
				If a suggestion is responsible for stimulating activity on the part of
				supervisors or management and results in improvements, the suggestion may be
				eligible for an award though it may not have been implemented as specified in
				the suggestion.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-8 - Ineligible Suggestions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following suggestions are ineligible for awards:
8.1. Personal
				grievances;
8.2. Suggestions
				concerning classification and pay of positions;
8.3. Suggestions which do not propose a
				specific method or procedure for implementing the suggestion;
8.4. Suggestions which correct conditions
				that exist only because established policy and procedures are not being
				followed;
8.5. Suggestions which
				duplicate another suggestion previously submitted and eligible for
				consideration or for which an award has been previously granted or
				denied;
8.6. Suggestions which
				simply suggest eliminating, instituting, lowering or raising fees or taxes
				levied by the state;
8.7.
				Suggestions concerning matters which are the result of assigned or contracted
				audits, studies, surveys, reviews or research, unless the suggestion idea is
				not directly included in the follow-up, recommendations or activity generated
				by these efforts;
8.8. Suggestions
				calling attention to the need for routine maintenance operations involving
				buildings, grounds, equipment, etc., which should normally be reported through
				established channels: Provided, That suggestions concerning improvements in
				maintenance methods, materials or equipment may be considered for an
				award;
8.9. Matters recommended
				outside the Employee Suggestion Program for study or review; and
8.10. Suggestions concerning matters which
				are actively being considered by supervision or management. The department head
				shall submit supporting documentation to the Board before the Board rules a
				suggestion ineligible under this provision.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-10 - Suggestions with State-wide Application

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				The Board shall, after making an award for a suggestion which resulted in
				substantial savings or improvement in state government operations for a
				specific department, determine, in conjunction with the department head, if the
				suggestion could result in substantial savings or improvement in state
				government operations for other departments or on a state-wide basis. If the
				Board and the department head determine that the suggestion may apply to other
				departments or to all state departments, they shall each forward the suggestion
				to the Governor along with the results of the implementation of the suggestion
				and their recommendation that the Governor forward the suggestion to other
				relevant departments or to all state government departments.
10.2. If the Governor determines that the
				suggestion would result in substantial savings or improvement in government
				operations on a state-wide basis or in specific agencies or departments, he or
				she shall forward the suggestion to all relevant departments and
				agencies.
West Virginia Code of State Rules › Agency 147 - Employee Suggestion Award Board › Title 147 - PROCEDURAL RULES EMPLOYEE SUGGESTION AWARD BOARD › Series 147-01 - Rules Governing The Operation Of The West Virgnia Public Employee Suggestion Program › Section 147-1-11 - Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				Employee Suggestion Award Board shall prepare an annual report to the
				Governor.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This Legislative Rule is an explanation and clarification of operative
				procedures for the purchase of commodities, services or printing by the
				Purchasing Division of the Department of Administration.
1.2. Authority. - W. Va. Code, §§
									5A-3-4,
				5A-3-10d,
				5A-3-10e.
1.3. Filing Date. - April 14, 2023
1.4. Effective Date. - July 1, 2023
1.5. Sunset provision. - This rule shall
				terminate and have no further force or effect on August 1, 2030.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, all terms have the same meaning as
				  provided in W. Va. Code §
									5A-1-1 and
				  5A-3-1 et seq., and as
				  follows:
2.1. "Best Value Procurement"
				means a purchasing method used in awarding a contract based on evaluating and
				comparing all established quality criteria where cost is not the sole
				determining factor in the award.
2.2. "Bid" or "Bids" means anything that a
				vendor submits in response to a solicitation that constitutes an offer to the
				State and includes, but is not limited to, documents submitted in response to a
				request for quotation, proposals submitted in response to a request for
				proposal, or proposals submitted in response to an expression of
				interest.
2.3. "Director" means the
				Director of the Purchasing Division of the Department of Administration or
				anyone that the Director has designated to perform a specific task or
				function.
2.4. "F.O.B. destination"
				and "free on-board destination" mean the seller or vendor must transport or pay
				for the transportation of commodities, services or printing to the point of
				destination specified in the contract.
2.5. "Non-Responsible" means not having the
				capability to fully perform the contract requirements and lacking the integrity
				and reliability which will assure good-faith performance.
2.6. "Prequalification" means the process by
				which the Purchasing Division advertises the opportunity to participate in a
				reverse auction, a vendor submits documentation for evaluation in response to
				the advertisement, and the Purchasing Division evaluates that documentation to
				determine if the vendor is qualified to participate in the reverse auction.
				This process will be conducted in the same manner as a request for quotation,
				except that no cost information related to the commodity will be included in
				the evaluation.
2.7. "Requisition"
				means a written or electronic request sent by an agency to the Purchasing
				Division for the purchase of commodities and services.
2.8. "Secretary" means the head of a
				department, as appointed by the Governor, as defined in W. Va. Code §
									5F-1-2.
2.9. "Working Days" means Monday through
				Friday, but excludes Saturday, Sunday, state holidays and days that government
				offices are closed due to declaration of an emergency.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This
				legislative rule applies to all spending units of State government except those
				statutorily exempted. Exempted spending units are required to follow these
				rules if they have not established their own rules pursuant to W. Va. Code
				§
									5A-1-12.
3.2. All purchases must be approved by the
				secretary or head of the spending unit, or a designee, whose name must be filed
				with the Director. The person(s) named must take at least 10 hours annually of
				available training offered by the Purchasing Division and have responsibility
				for the function of purchasing within the spending unit. Each spending unit
				must process all purchases through this person(s), who shall be responsible for
				correspondence and communication with the Purchasing Division.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-4 - Authority of Director; Buyer Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director shall:
4.1. Ensure that purchases and contracts for
				commodities, services or printing are based on competitive bid, unless it is
				determined that the purchase qualifies for another procurement method
				authorized by Chapter 5A, Article 3 of the West Virginia Code and that
				procurement method is determined to be in the best interest of the spending
				unit and the State. The Director may allow a direct purchase without
				competitive bidding as follows:
4.1.1. A
				direct award procurement described in W. Va. Code §
										5A-3-10c and Section 7.5 of these
				Rules;
4.1.2. An emergency
				procurement described in W. Va. Code §
										5A-3-15 and Section 7.6.1 of these
				rules;
4.1.3. A purchase that falls
				below the agency's established no bid threshold described in W. Va. Code §
										5A-3-11 and Section 7.2.1 of these
				rules;
4.1.4. If the State conducts
				a request for quotation for a commodity or service, and all responsive bids
				received are higher than a publicly posted price for that same commodity or
				service, the State may cancel the solicitation and procure that commodity or
				service directly from the source of the publicly posted lower price, but may
				only pay the publicly posted lower price or less. A publicly posted price in
				this context means pricing posted on a publicly accessible website, in a vendor
				catalogue, or some other advertising media, and expressly excludes verbal or
				unpublished pricing, or any pricing sourced directly from vendors after bids
				have opened.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-5 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Director may require that the spending unit attempt to resolve any issues that
				it may have with the vendor prior to pursuing a remedy contained herein. The
				spending unit must document any resolution efforts and provide copies of those
				documents to the Purchasing Division.
5.2. Contract Cancellation.
5.2.1. Cancellation. The Director may cancel
				a purchase or contract immediately under any one of the following conditions
				including, but not limited to:
5.2.1.a. The
				vendor agrees to the cancellation;
5.2.1.b. The vendor has obtained the contract
				by fraud, collusion, conspiracy, or is in conflict with any statutory or
				constitutional provision of the State of West Virginia;
5.2.1.c. Failure to honor any contractual
				term or condition or to honor standard commercial practices;
5.2.1.d. The existence of an organizational
				conflict of interest is identified;
5.2.1.e. Funds are not appropriated or an
				appropriation is discontinued by the legislature for the acquisition;
5.2.1.f. Violation of any federal, state, or
				local law, regulation, or ordinance, and
5.2.1.g. The contract was awarded in
				error.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-6 - Registration, Advertising, Bidding, and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Registration
				of Vendors.
6.1.1. Purchasing Division
				Registration. All vendors must register with the Purchasing Division prior to
				being awarded a contract, except that the following categories of vendors are
				exempt from this registration requirement.
6.1.1.a. Purchasing card vendors providing
				travel related services are not required to register with the Purchasing
				Division.
6.1.1.b. Purchasing card
				vendors receiving an aggregate total yearly payment less than $25,000.00 from a
				spending unit are not required to register with the Purchasing
				Division.
6.1.1.c. Any company or
				corporation, or subsidiary of the company or corporation, listed on any
				nationally recognized stock exchange is not required to register with the
				Purchasing Division.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-7 - Purchasing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General.
				Contracts requiring more than 6 months to fulfill are filed with the State
				Auditor.
7.2. Delegated
				Procurement.
7.2.1. Spending units may make
				delegated purchases without processing the purchase as a formal solicitation
				through the Purchasing Division, provided that the spending unit adheres to the
				most current Purchasing Division procedures and requirements established by the
				Director. The spending unit must keep records of these purchases on file and
				make them available for public inspection during the normal office hours of the
				spending unit.
7.2.1.a. Delegated Procurement
				Thresholds - West Virginia Code §
											5A-3-10 establishes the standard
				delegated procurement threshold at $25,000 or less, but also permits the
				Director to increase that amount up to $100,000. West Virginia Code §
											5A-3-11 creates a standard no bid
				threshold at $2,500 but also permits the Director to increase that limit.
				Accordingly, the following delegated procurement limits have been found to be
				in the best interest of the spending units and the State and are hereby applied
				to spending unit transactions.
No Bids Required - $0 - $5,000 in aggregated spend
Verbal Bids Required - $5,000.01 - $20,000 in aggregated
				  spend
Delegated wvOASIS Solicitation Required - $20,000.01 -
				  $50,000 in aggregated spend
Spending units may request a higher Delegated wvOASIS
				  Solicitation Required limit of up to $100,000 from the Director in writing. The
				  request should include an explanation of why increasing the delegated limit is
				  in the best interest of the spending unit and the State. The explanation should
				  include a discussion of staff qualifications for staff designated to oversee
				  procurement, internal controls and tracking that the agency has in place to
				  conduct delegated procurements, planned or completed procurement training, and
				  any procurement certifications held by procurement staff. Additionally, the
				  Purchasing Division reserves the right to withdraw an agency's increased
				  delegated authority at any time should it determine that doing so would be in
				  the best interest of the State.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-8 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Submission
				of Protest.
8.1.1. Protests based on bid
				specifications must be submitted no later than 5 working days prior to bid
				opening. Protest of a purchase order or contract awards must be submitted no
				later than 5 working days after the award. The vendor is responsible for
				knowing the bid opening and award dates. Protests received after these dates
				may be rejected at the option of the Director.
8.1.2. All protests must be submitted in
				writing to the Purchasing Division and contain the following information:
8.1.2.a. The name and address of the
				protestor;
8.1.2.b. The
				requisition, solicitation, purchase order or contract numbers;
8.1.2.c. A statement of the grounds of
				protest;
8.1.2.d. Supporting
				documentation, if necessary; and
8.1.2.e. The resolution or relief
				sought.
8.1.3. Failure
				to submit this information shall be grounds for rejection of the protest by the
				Director.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-9 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person
				who authorizes or approves a purchase or contract in violation of West Virginia
				Code, this rule, or any policy or procedure adopted by the Purchasing Division
				is personally liable for the cost of the purchase or contract. Purchases and
				contracts violating the West Virginia Code or this rule are void and of no
				effect. Provided, that the state establishes by a preponderance of the evidence
				that the individual acted knowingly and willfully.
9.2. The Director shall suspend from bidding
				on State purchases up to one year, any vendor violating the West Virginia Code,
				this rule, or any policy or procedure adopted by the Purchasing Division.
				Appeal of the suspension may be made to the Secretary of the Department of
				Administration.
9.3. Any person
				receiving anything of value from a known interested party in awarding a
				purchase order is subject to the provisions of W. Va. Code §
									5A-3-28, 29, 30 and 31, unless
				otherwise determined by the Ethics Commission.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-10 - Internet Auction Sales

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The state
				spending unit for surplus property has the exclusive power and authority to
				sell commodities to the highest bidder by means of an Internet auction site
				approved by the Director, pursuant to provisions of W. Va. Code §
									5A-3-45.
10.2. The state spending unit for surplus
				property may contract with one or more nationally recognized commercial
				Internet auction sites to coordinate sales of surplus property, pursuant to the
				provisions of W. Va. Code §
									5A-3-45 and this rule.
10.3. To ensure that organizations eligible
				under Federal Properly Management Regulations (41CFR Chapter 101) have priority
				in obtaining surplus property, all surplus property will be listed on the West
				Virginia State Agency for Surplus Property website for a least five (5) working
				days prior to being made available on an Internet auction site.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-11 - Reverse Auctions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Authority. Authority to promulgate rules relating to reverse auctions derives
				from W.Va. Code §
									5A-3-10d.
11.2. Justification for Use. The spending
				unit requesting that a reverse auction be utilized to procure commodities must
				provide the Director with an explanation of how the reverse auction process
				would be fair, economical, and in the best interest of the state. Additionally,
				the spending unit must provide written documentation verifying that the
				commodities to be procured:
11.2.1. Are
				subject to low price volatility;
11.2.2. Have specifications that are common
				and not complex;
11.2.3. Vary
				little between suppliers;
11.2.4.
				Are sourced primarily based on price, with limited ancillary
				considerations;
11.2.5. Require
				little collaboration from suppliers; and
11.2.6. Are sold by a large, competitive
				supply base.
When soliciting bids for commodities through a reverse
				  auction, the Purchasing Division may be considered the spending unit and the
				  Purchasing Division may rely on information provided by one or more of the
				  spending units that will utilize the contract in satisfying the requirements
				  necessary to utilize a reverse auction.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-12 - Prequalification Agreement and Delegated Prequalification Bidding

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Authority. Authority to promulgate rules relating to prequalification
				agreements and delegated prequalification bidding derives from W.Va. Code
				§
									5A-3-10e.
12.2. Definitions. The words and phrases used
				herein have the same meanings assigned to them in W. Va. Code §§
									5A-3-10e and
				5A-1-1.
12.3. Prequalification Agreement Procedures.
				An agency that desires to establish a prequalification agreement with a
				subsequent delegated prequalification bidding process as defined in W. Va. Code
				§
									5A-3-10e(b)(4)
				must first provide written justification and obtain the written approval from
				the Director to do so.
12.3.1. Justification
				for Use. Any request by a spending unit to establish a prequalification
				agreement must include the following items:
12.3.1.a. Identification and a detailed
				description of the commodity or service to be covered by the prequalification
				agreement;
12.3.1.b. One or more
				requirements that each vendor must meet to be approved for the prequalification
				agreement, which may include, but are not limited to, experience, quality
				assurance, licensing, delivery terms, and quantity terms;
12.3.1.c. An estimation of the quantity and
				price of the commodity or service to be purchased over the term of the
				pre-qualification agreement; and
12.3.1.d. Forms (if any) that will be
				utilized in the delegated prequalification bidding.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-13 - Encumbrance

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Authority. Authority to promulgate rules relating to encumbrance derives from
				W. Va. Code §
									5A-3-4(a).
13.2. Definitions. The words and phrases used
				herein have the same meanings assigned to them in W. Va. Code §
									5A-1-1.
13.3. Account Designation. Spending units
				must designate the appropriate account from which funds to pay for a contract
				will be taken prior to a contract being awarded, unless the contemplated
				contract is a type that cannot be encumbered as determined by the
				Director.
13.4. Purchasing Division
				Review. Prior to issuing a contract, the Purchasing Division will verify that
				the amount of funds encumbered is appropriate and that the account being
				encumbered matches what the spending unit has requested.
13.5. Encumbrance Amounts. Contracts must be
				encumbered prior to issuance in the following amounts:
13.5.1. One-time purchase in current fiscal
				year. A spending unit seeking a contract for a onetime purchase to be completed
				in the current fiscal year must encumber the full contract amount.
13.5.2. Contract Spanning Multiple Years. A
				spending unit seeking a contract that will span multiple fiscal years must
				encumber at least the amount of funds that will be spent under the contract in
				the current fiscal year.
13.5.3.
				Contract to Begin in a Future Year. A spending unit seeking a contract that
				will be awarded prior to the end of a current fiscal year but will become
				effective after that same fiscal year has ended is not required to encumber
				funds prior to issuance of the contract.
13.5.4. Open-End and Statewide Contracts. A
				spending unit seeking an open-end contract or a statewide contract issued by
				the Purchasing Division is not required have funds encumbered prior to the
				issuance of the contract.