reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-19 - Proposed Legislative Rule Pertaining To Obtaining Assistance Of Public Officials In Investigations And The Commencement Of Proceedings To Compel › Section 142-19-2 - Proceedings to Enforce Compliance by Public Officials and Employees in Antitrust Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
If any person contemplated by W. Va. Code '47-18-21
				  fails to render and furnish to the Attorney General, his deputy, or other
				  designated representative, when so requested, any and all information and
				  assistance in such person's possession or within such person's power, the
				  Attorney General may apply to the circuit court where such person resides or is
				  employed for an order compelling compliance.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-19 - Proposed Legislative Rule Pertaining To Obtaining Assistance Of Public Officials In Investigations And The Commencement Of Proceedings To Compel › Section 142-19-3 - Priority in Actions Brought by the Attorney General to Compel Compliance with Subpoenas or Other Investigative Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
If any person fails to comply with a subpoena or request for
				  information made by the Attorney General, his deputy, or other designated
				  representative, any application made by the Attorney General to the circuit
				  court for an order requiring compliance shall be given expedited hearing by
				  that court.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-21 - Legislative Rule On Consumer Lease Disclosures In Rent To Own Transactions › Section 142-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Rule
				Designation. -- This rule is legislative.
1.2. Scope. -- This legislative rule sets
				forth specific disclosure requirements for certain types of rental-purchase
				agreements as consumer leases, and defines certain deceptive acts or practices.
1.3. Authority.-- W. Va. Code
				§ 46A-7-102(1)(e) and § 46A-6-103. - .
1.4. Filing Date.
1.5. Effective Date.
1.6. Penalties.-- Except as otherwise
				indicated, a violation of this rule constitutes an unfair and deceptive act or
				practice in violation of the West Virginia Consumer Credit and Protection Act,
				W. Va. Code § 45A-1-101 et seq.
1.7. Construction. -- This rule shall be
				liberally construed to effectuate the purposes of the West Virginia Consumer
				Credit and Protection Act, W. Va. Code §
									46A-1-101
et seq
.
1.8. Severability. -- If, for any reason, any
				section, subsection, sentence, clause, phrase, or provision of this rule or the
				application thereof to any person or circumstance is held unconstitutional or
				invalid, the holding shall not affect other sections, subsections, sentences,
				clausesc phrases, or provisions which are hereby each declared severable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-21 - Legislative Rule On Consumer Lease Disclosures In Rent To Own Transactions › Section 142-21-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Lessee" means
				any natural person who leases or purchases personal property under a lease
				agreement, including a rental-purchase agreement.
2.2. "Lessor" means any person or
				organization who, in the ordinary course of business, leases, offers to lease,
				or acts as an agent for the leasing or sale of personal property under a lease
				agreement, including a rental-purchase agreement.
2.3. "Rental-purchase agreement" means an
				agreement for the use of property by an individual lessee for personal, family
				or household purposes in which the lessee has an option to renew the agreement
				by making additional periodic payments after an initial period, and that
				permits, but does not obligate, the lessee to become the owner of the property.
2.4. "Term exceeding four months"
				means to include in the context, of determining whether a lease is a consumer
				lease under W. Va. Code §
									46A-1-102(14),
				rental-purchase agreements where the lessee can obtain ownership of the
				property through payments made as scheduled pursuant to the rental-purchase
				agreement, and the scheduled payments are to extend for a period of more than
				four months.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-21 - Legislative Rule On Consumer Lease Disclosures In Rent To Own Transactions › Section 142-21-3 - Disclosures for rental-purchase agreement consumer leases

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Xn any co'hsumer lease structured as a
				rental-purchase agreement, the lessor shall disclose in clear type at least one
				half inch high on a tag prominently attached to every item of property
				displayed or offered for rental-purchase:
3.1.1. The cash price;
3.1.2. The amount of the periodic payment and
				any tax on the periodic payment;
3.1.3. The length of each payment period;
3.1.4. The total number of
				periodic payments required to complete the purchase under the rental-purchase
				agreement;
3.1.5. The total amount
				the lessee must pay to complete the purchase under the rental-purchase
				agreement including taxes, which may be separately itemized;
3.1.6. The imputed interest rate expressed as
				an annual percentage rate calculated from the difference in the cash price of
				the item and the total amount required to be paid, excluding taxes, delivery
				charges, and bona fide maintenance or service fees, in the agreement's schedule
				of payments, and as otherwise in accordance with proper determination of the
				annual percentage rate under federal law; and
3.1.7. Whether the item of . property is new,
				used, or previously rented.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-21 - Legislative Rule On Consumer Lease Disclosures In Rent To Own Transactions › Section 142-21-4 - Exclusions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Rental-purchase agreements and lease agreements with an option "to purchase
				involving transactions of consumer goods including, for example, those
				involving musical instruments, automobiles, or telecommunications eqijipment
				where the agreements are subject to the Federal Truth in Lending Act, 15 U.S.C.
				§ 1601 et seq., and the regulations pursuant thereto, are excluded from
				the provisions of this rule.
4.2.
				Rental-purchase agreements, and lease agreements with an option to purchase
				involving transactions of consumer goods including, for example, those
				involving musical instruments, automobiles, or telecommunications equipment
				where the agreements are subject to the Federal Consumer Leasing Act of 1976,
				15 U.S.C. § 1667 et sea., and the regulations pursuant thereto, are
				excluded from the provisions of this rule: Provided, that the agreements
				require a further consideration or final payment of more than a nominal amount
				to acquire ownership.
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West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-22 - Legislative Rule Pertaining To The WV Consumer Goods Rental Protection Act › Section 142-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Rule relates to the regulation of rent-to- own agreements under the West
				Virginia Consumer Goods Rental Protection Act, W. Va. Code '46A-1-101 et seq. and
				consumer credit sales under the West Virginia Consumer Credit and Protection
				Act, W. Va. Code '46B-1-1
				et seq.
1.2. Authority. -- W. Va.
				Code ''46A-6-103, 46A-7-102(e), and 46B-3-10.
1.3. Filing Date. -- April 8, 1994.
1.4. Effective date. -- May 9,
				1994.
1.5. Penalties. -- Except as
				otherwise indicated, a violation of this rule constitutes a violation of the
				West Virginia Consumer Goods Rental Protection Act, W. Va. Code '46B-1-1 et
				seq.
1.6. Construction.
1.6.1. This rule shall be liberally construed
				to protect consumers pursuant to the West Virginia Consumer Goods Rental
				Protection Act W. Va. Code '46B-1-1 et seq. and
				the West Virginia Consumer Credit and Protection Act, W. Va. Code '46A-1-1 et
				seq.
1.6.2. The definition of
				"rent-to-own agreement" in the West Virginia Consumer Goods Rental Protection
				Act [46B-1-5(17)] and the definition of "consumer credit sale" in the West
				Virginia Consumer Credit and Protection Act [46A-1-102(13)] shall be construed
				so that every transaction is either a "consumer credit sale" or a "rent-to-own
				agreement" if the subject matter of the transaction is personal property which
				is to be used for personal, family or household purposes, and if a natural
				person who is not in the business of selling or otherwise dealing with such
				goods is acquiring rights to ownership of the goods by paying over time, and if
				such natural persons has the right to use or possession of the property before
				all payments are made.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-22 - Legislative Rule Pertaining To The WV Consumer Goods Rental Protection Act › Section 142-22-3 - Formula or Method for Ascertaining Retail Value

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General. -- Retail value does not
				include any applicable sale, use, privilege, excise or documentary stamp taxes
				payable upon the transfer of the goods.
3.2. "Retail value" may be established by any
				of the following methods; provided, however, the sale, the manufacturer's
				charge, the publication of the catalogue, the publication of values, the
				advertisement or the other evidence of value relied upon must not have occurred
				more than one year prior to the first use of the retail value for a particular
				good.
3.2.1. New and Used Goods; Actual Sales
				-- The retail value of new and used goods may be established as the price at
				which goods of substantially similar quality and quantity and substantially
				similar features changed hands in a bona fide retail sale between one or more
				willing retailers and willing buyers in the normal course of business of the
				seller. The proof may come from only one retailer, but the goods must be sold
				to more than one buyer. The seller or sellers, and the buyer or buyers, must
				not be a person related to a dealer or to an individual who is related to a
				person related to a dealer. The transaction must take place in the same market
				area in which goods to which the retail value is assigned are marketed. The
				buyer must have paid with cash, check, other legal tender or a credit card of a
				firm which is not a person related to the retailer and which is not an
				individual who is a person related to the retailer: Provided, that sales made
				by a buyer who used a credit card of a firm that is related to the retailer may
				be used if the seller is one approved by the attorney general as a seller who
				makes substantial sales for cash, check or other legal tender or who makes
				substantial sales in which the purchaser uses a credit card of a firm which is
				not a person related to the retailer and which is not an individual who is a
				person related to the retailer.
a. Any dealer
				may apply to the attorney general for approval of the use of sales by a
				retailer using a credit card of a person or firm related to the retailer. The
				attorney general may require reasonable data from the applicant with regard to
				a request for approval. The attorney general must act upon the request within a
				reasonable time in light of the data supplied by the applicant, the
				availability and difficulty in obtaining data, and the requested applicability
				of the use of the sales. An applicant may request a hearing on the attorney
				general's initial denial of the application. The request for hearing shall be a
				contested case for the purposes of chapter 29A of the West Virginia
				Code.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-22 - Legislative Rule Pertaining To The WV Consumer Goods Rental Protection Act › Section 142-22-4 - Disclosures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General -- All
				disclosures required under the West Virginia Consumer Goods Rental Protection
				Act shall be clearly communicated and conspicuously placed so as to be
				reasonably understandable and, if in writing, legible.
4.2. Rent-to-Own Agreements.
4.2.1. Every rent to own agreement must
				disclose the "retail value", the "rent-to-own charge", the "rental period", the
				"number of payments", the "Periodic" or "Weekly" or "Monthly" payment amount,
				the "total of all payments", and whether the goods are "new", "used" or
				"previously rented".
4.2.2. The
				disclosures set out in the section 4.2.1 must be made on every rent-to-own
				agreement before it is signed by the consumer. The disclosures may be made
				within sentences or phrases as long as the phrases or sentences are grouped
				together without intervening phrases or sentences. The disclosures must be on
				the same page and the same side of the page that the consumer signs. The terms
				labeling the disclosures must be explained. The disclosures must be grouped
				together. The terms labeling the disclosures must immediately precede or follow
				the disclosures being made. If the disclosures are not made within the
				sentences or phrases explaining the terms labeling the disclosures, the
				explanations may be made elsewhere though they must be grouped together without
				intervening information on the same side of the page signed by the
				consumer.
4.2.3. A separate
				disclosure shall be required for each good or item which is the subject of a
				rent to own agreement. When multiple goods or items are the subject of one
				rent-to-own agreement the disclosure made in the body of this agreement may be
				an aggregate of the values for all goods covered, PROVIDED that the individual
				price tag disclosure and each individual item (or a copy) be attached to and
				become a part of the rent-to-own agreement.
4.2.4. The disclosure and the terms labeling
				in the disclosures must be in type that is bolder and larger than the
				surrounding type and 90% of the remainder of the printing in the contract. If
				the disclosures are handwritten, they must be printed and must be larger and no
				less dark than the terms labeling the disclosures.
4.2.5. The disclosures must be labeled with
				the exact terms used in subsection 4.2.1 except:
a. The term "Periodic" does not have to be
				used to label the disclosure of the periodic payment if the terms "WEEKLY",
				"BI-WEEKLY", "SEMI-MONTHLY", or "MONTHLY" are used instead of
				"Periodic".
b. The rental period
				disclosure does not have to be separately labeled if "WEEKLY", "BI-WEEKLY",
				"SEMI-MONTHLY", or "MONTHLY" are used to label the disclosure of the payment
				amount.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-22 - Legislative Rule Pertaining To The WV Consumer Goods Rental Protection Act › Section 142-22-5 - Termination Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A dealer's
				notice to terminate a rent-to-own agreement shall be presumed to satisfy the
				requirements of the statute if it is in substantial compliance with the
				following format and language:
NOTICE OF TERMINATION AND
NOTICE OF RIGHT TO REINSTATE
You have failed to make your payment(s) due on ____________.
				  Your rent-to-own agreement will terminate seven days from your receipt of this
				  notice. You have failed to make your payment(s) in the total amount of
				  $______.
A late charge of $_______ has been added to the amount you
				  owe under your rent-to-own agreement.
You may voluntarily surrender possession of the goods rented
				  under your rent-to-own agreement by making them available to the dealer at the
				  place where the goods are located.
NOTICE OF RIGHT TO
"REINSTATEMENT" OF YOUR RIGHT
TO OBTAIN OWNERSHIP OF GOODS
You have been using item(s) which you got from a rent-to-own
				  dealer. The rent-to-own agreement gave you the right to own the item(s) if you
				  paid all of the periodic payments. Now you may have returned the item(s) to the
				  dealer (or the dealer may have picked them up or repossessed them from you), or
				  you may just be behind on the payment and the dealer is seeking payment or
				  return of the goods.
You may have the right to "reinstate" the agreement even
				  though the dealer has the item(s) back. This means you can pick up making the
				  payments where you left off. The dealer will return possession of the item(s)
				  to you. (If the dealer has already rented the item(s) you had to someone else,
				  the dealer must give you goods that are the same or better than what you had
				  before.) And, you will have the same right to eventually own the item(s), if
				  you finish the terms of the agreement, that you had before.
You have sixty (60) days form the last day of the last rental
				  period for which you made a payment (ninety (90) days if you have paid forty
				  percent (40%) or more of the payments) to go to the dealer and "reinstate" the
				  agreement. If the dealer has had to repossess or has tried to repossess the
				  goods two times in the past, the dealer does not have to let you "reinstate"
				  the agreement.
If you want to "reinstate" the agreement and obtain ownership
				  of the goods, you only have to go to the dealer and do the following:
1) Pay the dealer any payments that have come
				due which you have not paid, but only if those payments are due for periods of
				time when you actually had the item(s) in your possession;
2) Pay the dealer any other fees provided in
				the written agreement which have become due, but have not been paid;
				and
3) Pay the dealer a
				reinstatement fee of not more than five dollars ($5.00) if that fee is in the
				written agreement and if the dealer has possession of the item(s).
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-22 - Legislative Rule Pertaining To The WV Consumer Goods Rental Protection Act › Section 142-22-6 - Transfer of Warranties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At
				such time as maintenance of the goods becomes the responsibility of the
				consumer through a transfer of ownership or otherwise, the dealer shall advise
				the consumer of any manufacturer's or supplier's warranty that may apply to the
				goods and any details regarding the warranty and the transfer of the
				warranty.
6.2. A dealer may comply
				with subsection 6.1 of this section by:
6.2.1.
				establishing that the consumer has a copy of the manufacturer's
				warranties;
6.2.2. providing
				consumer with a written notice that any remaining manufacturer's warranties are
				transferred to the consumer, if permitted by the terms of the
				warranties;
6.2.3. providing the
				date(s) on which the warranties commenced; and
6.2.4. offering to answer any questions the
				consumer may have concerning the warranties.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-AG - Travel Regulations › Section 142-AG-I - General

Current through Register Vol. XLI, No. 28, July 12, 2024
Chapter 12, Article 3, Section 11, of the Code of West
				  Virginia, as amended, provides that the State Attorney General shall promulgate
				  rules and regulations concerning out-of-state travel for his office. In
				  accordance with this statute, I, Darrell V. McGraw, Jr. , Attorney General of
				  West Virginia, do hereby promulgate the following rules and regulations
				  governing travel for employees in this office. All previous travel regulations,
				  relating to in-state and out-of-state travel by employees of this office, are
				  hereby revoked.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-AG - Travel Regulations › Section 142-AG-II - In-state Travel

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) In-state
				travel costs will be reimbursed only for travel necessary for the proper
				conduct of the State's business.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-AG - Travel Regulations › Section 142-AG-III - Filing Claims for Reimbursement after Returning from In-state Trips

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) An actual
				itemized expense account must be filed on a Form WVTMP 5.0, along with travel,
				hotel, telephone, parking and other necessarry and reasonable expense receipts.
				Departure and arrival times are required to be stated. Only the original
				receipts or certified copies will be acceptable.
(b) Daily allowances for in-state travel
				shall be subject to:
(1) Meals: Reimbursement
				for the actual cost of meals incurred while absent from official stations is
				limited to a maximum of twenty-six dollars ($26) per day. Reimbursement for
				alcoholic beverages is excluded.
(2) Transportation: Reimbursement will be
				made for the actual cost of bus, rail or air travel. The mileage allowance for
				use of privately owned vehicles engaged in State business will be twenty-eight
				cents ($.28) per mile, plus parking and garage fees, when applicable.
(3) Lodging: Employees traveling on State
				business will be reimbursed in the amount equal to their actual hotel bills for
				lodging. No reimbursement will be made for hotel charges for radio, movies,
				television, laundry or valet charges. An itemized receipt for the amount paid
				for the hotel room must be submitted with the expense account.
(4) Registration Fees: Registration fees at
				meetings or conferences must be supported by a receipt.
(5) Tips and Gratuities: Tips or gratuities
				shall not exceed fifteen percent (15%) of the cost of allowable hotel charges
				and meals, subject to any applicable daily limit.
(6) Baggage: Necessary charges for additional
				baggage transportation charges shall be reimbursed, as shall actual costs
				incurred in the transfer and storage of luggage.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-AG - Travel Regulations › Section 142-AG-IV - Out-of-state Travel

Current through Register Vol. XLI, No. 28, July 12, 2024
(a)
				Out-of-state travel costs will be reimbursed only for travel necessary for the
				proper conduct of the State's business.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-AG - Travel Regulations › Section 142-AG-V - Filing Claims for Reimbursement after Returning from Out-of-state Trips

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) An actual
				itemized expense account must be filed on a Form WVTMP 5.0, along with travel,
				hotel, telephone, parking and other necessary and reasonable expense receipts.
				Departure and arrival times are required to be stated. Only the original
				receipts or certified copies will be acceptable.
(b) Daily allowances for out-of-state travel
				shall be subject to:
(1) Meals: Reimbursement
				for the actual costs of meals incurred while absent from official stations is
				limited to a maximum of Forty Dollars ($40) per day. Reimbursement for
				alcoholic beverages is excluded.
(2) Transportation: Reimbursement will be
				made for the actual cost of bus, rail or air travel. The mileage allowance for
				use of privately owned vehicles engaged in State business will be twenty-eight
				cents ($.28) per mile, plus parking and garage fees, when applicable,
(3) Lodging: Employees traveling on State
				business will be reimbursed in the amount equal to their actual hotel bills for
				lodging. No reimbursement will be made for hotel charges for radio, movies,
				television, laundry or valet charges. A itemized receipt for the amount paid
				for the hotel room must be submitted with the expense account.
(4) Registration Fees: Registration fees at
				meetings or conferences must be supported by a receipt.
(5) Tips and Gratuities: Tips or gratuities
				shall not exceed fifteen percent (15%) of the cost of allowable hotel charges
				and meals, subject to any applicable daily limit.
(6) Baggage: Necessary charges for additional
				baggage transportation charges shall be reimbursed as shall actual costs
				incurred in the transfer and storage of luggage.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-AG - Travel Regulations › Section 142-AG-VI - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Expenses for
				personal service such as laundry, valet service, insurance, etc., are not
				allowable.
(b) Reimbursement for
				transportation of personal baggage shall not exceed ten percent (10%) of the
				air or train fare.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-AG - Travel Regulations › Section 142-AG-VII - Companions Accompanying Employees on Official Instate or Out-of-state Business

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) When
				companions accompany employees on in-state or out-of-state official business
				which involves overnight stays, the employee shall be subject to the following
				regulations and limitations:
(1) The Office of
				the Attorney General will reimburse the employee only for the cost of the
				employee's lodging expense.
(2) The
				employee is responsible for meals, travel and other miscellaneous expenses of
				the companion.
(3) When companions
				accompany employees on such trips, it is the responsibility of the employee to
				provide accident insurance coverage; the Office of the Attorney General shall
				in no way be liable.
The Attorney General reserves the right to revoke, suspend,
				  rescind or amend any rules or regulations herein set forth.
ATTORNEY GENERAL'S OFFICE TRAVEL REGULATIONS
Effective July 1, 1992
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-NA - Travel Rules › Section 142-NA-I - General

Current through Register Vol. XLI, No. 28, July 12, 2024
Chapter 12, Article 3, Section 11, of the Code of West
				  Virginia, as amended, provides that the State Attorney General shall promulgate
				  rules and regulations concerning out-of-state travel for his office. In
				  accordance with the statute, I, Darrell V. McGraw, Jr., Attorney General of
				  West Virginia, do hereby promulgate the following rules and regulations
				  governing travel for employees in this office. All previous travel regulations,
				  relating to in-state and out-of-state travel by employees of this office, are
				  hereby revoked.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-NA - Travel Rules › Section 142-NA-II - In-State Travel

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) In-state
				travel costs will be reimbursed only for travel necessary for the proper
				conduct of the State's business.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-NA - Travel Rules › Section 142-NA-III - Filing Claims for Reimbursement after Returning from In-State Trips

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) An actual
				itemized expense account must be completed and submitted, along with travel,
				hotel, telephone, parking and other necessary and reasonable expense receipts.
				Only the original receipts or certified copies will be acceptable.
(b) Daily allowances for in-state travel
				shall be subject to:
(1) Meals: Reimbursement
				for the actual cost of meals incurred while absent from official stations is
				limited to the maximum of the GSA rate for Charleston, West Virginia, which
				includes gratuities. First and last day travel shall be at 75% of the GSA rate.
				Partial days travel must exceed twelve hours and will be reimbursed at 75% of
				the GSA rate. Reimbursement for alcoholic beverages is excluded.
(2) Transportation: Reimbursement will be
				made for the actual cost of bus, rail or air travel. The mileage allowance for
				use of privately-owned vehicles (POV) engaged in State business will be the GSA
				rate for POVs plus tolls, parking and garage fees, with receipts, when
				applicable.
(3) Lodging: Employees
				traveling on State business will be reimbursed in the amount equal to their
				actual hotel bills for lodging. No reimbursement will be made for hotel charges
				for radio, movies, television or laundry. An itemized receipt for the amount
				paid for the hotel room must be submitted with the expense account.
(4) Registration Fees: Registration fees at
				meetings or conferences must be supported by a receipt. Registration fees may
				be directly billed for payment in advance.
(5) Tips and Gratuities: Tips and gratuities
				are included in per diem rates for meals. A $5.00 per day incidental shall be
				allowed for full-day travel and first and last day of travel.
(6) Baggage: Necessary charges for additional
				baggage transportation charges shall be reimbursed, as shall actual costs
				incurred in the transfer and storage of luggage.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-NA - Travel Rules › Section 142-NA-IV - Out-of-State Travel

Current through Register Vol. XLI, No. 28, July 12, 2024
(a)
				Out-of-state travel costs will be reimbursed only for travel necessary for the
				proper conduct of the State's business.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-NA - Travel Rules › Section 142-NA-V - Filing Claims for Reimbursement after Returning from Out-of-State Trips

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) An actual
				itemized expense account must be completed and submitted, along with travel,
				hotel, telephone, parking and other necessary and reasonable expense receipts.
				Only the original receipts or certified copies will be acceptable.
(b) Daily allowances for out-of-state travel
				shall be subject to:
(1) Meals: Reimbursement
				for the actual cost of meals incurred while absent from official stations is
				limited to the per diem rate for that zip code. First and last day travel will
				be at 75% of the per diem rate. Reimbursement for alcoholic beverages is
				excluded.
(2) Transportation:
				Reimbursement will be made for the actual cost of bus, rail or air travel. The
				mileage allowance for use of privately-owned vehicles (POVs) engaged in State
				business is set at the GSA rate for POVs, plus tolls, parking and garage fees,
				when applicable.
(3) Lodging:
				Employees traveling on State business will be reimbursed in the amount equal to
				their actual hotel bills for lodging. No reimbursement will be made for hotel
				charges for radio, movies, television or laundry. An itemized receipt for the
				amount paid for the hotel room must be submitted with the expense
				account.
(4) Registration Fees:
				Registration fees at meetings or conferences must be supported by a receipt.
				Registration fees may be directly billed for payment in advance.
(5) Tips and Gratuities: Tips and gratuities
				are included in per diem rates for meals. A $5.00 per day incidental shall be
				allowed for full-day travel and first and last day of travel.
(6) Baggage: Necessary charges for additional
				baggage transportation charges shall be reimbursed, as shall actual costs
				incurred in the transfer and storage of luggage.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-NA - Travel Rules › Section 142-NA-VI - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Expenses for
				personal service such as laundry, valet service, insurance, etc., are not
				allowable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-NA - Travel Rules › Section 142-NA-VII - Companions Accompanying Employees on Official In-state or Out-of-state Business

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) When
				companions accompany employees on in-state or out-of-state official business
				which involves overnight stays, the employee shall be subject to the following
				regulations and limitations:
(1) The Office of
				the Attorney General will reimburse the employee only for the cost of the
				employee's lodging expense.
(2) The
				employee is responsible for meals, travel and other miscellaneous expenses of
				the companion.
(3) When companions
				accompany employees on such trips, it is the responsibility of the employee to
				provide accident insurance coverage; the Office of the Attorney General shall
				in no way be liable.
The Attorney General reserves the right to revoke, suspend,
				  rescind or amend any rules or regulations herein set forth.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule implements the
				provisions set forth in W. Va. Code §
									29-6-1 et seq. regarding
				classification plans, pay plans, open competitive examinations, promotions,
				layoff and recall, appointments, dismissals, demotions, and other matters
				consistent with W. Va. Code §
									29-6-1 et seq.
1.2. Authority. -- This rule is issued under
				the authority of W. Va. Code §
									29-6-10.
1.3. Filing Date. -- March 24,
				2022.
1.4. Effective Date. -- July
				1, 2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-2 - Preamble

Current through Register Vol. XLI, No. 28, July 12, 2024
The general purpose of the Division of Personnel is to
				  attract, develop, and retain to the service of this State personnel of the
				  highest ability and integrity by the establishment of a system of personnel
				  administration based on merit principles and scientific methods governing the
				  appointment, promotion, transfer, layoff, removal, discipline, classification,
				  compensation, and welfare of its employees, and other incidents of state or
				  classified employment. All appointments and promotions to positions in the
				  classified service shall be made solely on the basis of merit and fitness and
				  no person shall be in any unlawful way favored or discriminated against with
				  respect to any incident of state or classified employment because of his or her
				  political or religious opinions or affiliations or race, gender, age,
				  disability, ancestry or national origin, or for other reason(s) explicitly
				  provided in federal and/or State law.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-4 - Classification Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Preparation
				of Plans. -- The Board, after conferring with the appointing authorities
				concerned, shall authorize the preparation, maintenance and revisions of a
				comprehensive classification plan for all positions in the classified and the
				classified-exempt service. The plan shall be based on an investigation and
				analysis of the duties and responsibilities of each position. The
				classification plan shall include an appropriate title for each
				class.
4.2. Revision of Plans. --
				The Board may eliminate or modify existing classes of positions or may add new
				classes upon the recommendation of the Director.
4.3. Class Specifications.
4.3.a. A class specification is a general
				description of the kinds of work characteristic of positions properly allocated
				to that class and does not prescribe the duties of any position. It does not
				limit the expressed or implied authority of the appointing authority to
				prescribe or alter the duties of any position.
4.3.b. Class specifications are descriptive
				and are not restrictive. The fact that all of the actual tasks performed by the
				incumbent of a position do not appear in the specifications of a class to which
				the position has been allocated does not mean that the position is necessarily
				excluded from the class, nor shall any one example of a typical task taken
				without relation to the other parts of the specification be construed as
				determining that a position should be allocated to the class.
4.3.c. The statement of minimum
				qualifications expresses the lowest acceptable level of education, experience,
				licensure and/or professional standards generally necessary for an employee to
				successfully perform the required duties of positions in the job class. The use
				of a particular expression of qualifications, requirements, or other attributes
				shall not be held to exclude others not mentioned.
4.3.d. In cases of recruitment difficulties
				or unique position requirements, the Director, in collaboration with the
				appointing authority, may use his or her discretion in interpreting minimum
				experience, training
,
licensure and/or professional
				standards.
4.3.e. The Director
				shall consider class specifications as a primary source of authority for the
				content of examinations for the class and for the evaluation of qualifications
				of applicants. Supplemental job information may be used as a further basis for
				examinations and minimum qualification standards. Provisions for the
				substitution of related experience, education, or other qualifications for
				specific education and/or experience requirements may be made in specific
				examination announcements for particular positions, even though these
				provisions are not part of the class specification.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-6 - Applications and Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Character
				of Examinations.
6.1.a. Examination procedures
				for appointment to a position in the classified service shall be conducted on
				an open competitive basis. Examination procedures shall be developed to reveal
				the capacity of the applicant to perform the duties of the position or job
				class for which he or she is competing.
6.1.b. Examinations shall, to the extent
				possible, be developed on the basis of objective analysis of the job and with
				the participation of appropriate job experts in the affected agencies and may
				include: written tests, performance tests, ratings of training and experience,
				oral examinations, or other assessment procedures related to the content of the
				job duties and job performance and will be administered without prejudice to
				all applicants in consideration for the position.
6.1.c. All examination scoring and weighting
				procedures shall be consistently applied and based on objective job
				criteria.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-7 - Registers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Establishment of Registers.
7.1.a. Competitive Registers. -- After each
				examination, the Director shall prepare a register of persons with passing
				grades. The names of these persons shall be placed on the register in the order
				of their final ratings starting with the highest.
7.1.b. Preference Registers. -- After the
				layoff of permanent classified employees, the Director shall prepare registers
				of qualified permanent classified employees who have been laid off. The names
				of these employees shall be arranged on the appropriate registers in order of
				tenure upon which the order of layoffs was based.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-8 - Certification of Eligibles

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Request for
				Certification. -- If a vacancy occurs in any position in an agency or if new
				positions are established and new employees are needed, requisitions shall be
				submitted by the appointing authority to the Division of Personnel in the
				manner prescribed by the Director. This requisition shall state the number of
				positions to be filled in each class, identifying each class title and all
				other pertinent information.
8.2.
				Certification Methods.
8.2.a. Nothing in this
				subdivision shall be construed as altering the exhaustion point of a register
				as described in subdivision 7.2.a of this rule.
8.2.a.1. Upon receipt of a requisition, the
				Director shall first certify and submit the names of all available eligibles
				from the appropriate preference register. If no appropriate preference register
				exists or there are no available qualified eligibles on the appropriate
				preference register, then the Director shall certify and submit to the
				appointing authority the top ten (10) names or the names of any persons scoring
				at or above the ninetieth percentile on the open competitive examination for
				the class of position. The certification shall include any person tied with the
				last person in the top ten or ninetieth percentile group. The Director may
				certify additional names at his or her discretion to compensate for possible
				unavailable eligibles in the top group.
8.2.a.2. If the competitive register
				established as a result of a Division of Personnel examination for a specific
				class of position is exhausted, the Director may certify names from the
				register, or registers, most appropriate. If there is no register which the
				Director considers appropriate, then the Director may certify and submit names
				from a register established as described in subsection 7.1 of this
				rule.
8.2.a.3. Appointments may be
				made from a certification anytime within six (6) months of the date of the
				certification, after which the certification shall be null and void.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-9 - Appointments

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Appointments to Positions Added to the
				Classified Service.
9.1.a. When additional
				state agencies or parts of state agencies are added to the classified service
				through affiliation by action of the legislature, executive order of the
				Governor with the consent of the Board and the appointing authority concerned,
				and when additional county or municipal agencies are added to the classified
				service through affiliation by agreement between the local government and the
				Director with the approval of the Board, a date for the addition shall be fixed
				by agreement.
9.1.b. All
				appointments made on and after that date to the positions added to the
				classified service shall be made in accordance with this rule.
9.1.c. The Director shall administer
				qualifying examinations to any person employed in a position added to the
				classified service. If recommended by the appointing authority, the Director
				may admit an employee to a qualifying examination regardless of the minimum
				qualifications for the class to which his or her position is allocated. The
				appointing authority shall appoint each person passing the qualifying
				examination for probationary employment. The qualifying examinations shall be
				completed within six (6) months after the date of addition of the position to
				the classified service. The examinations shall include appropriate
				assessment(s) of the person's job-related competencies. The appointing
				authority shall, within thirty (30) days after the examination or competency
				assessment determination, separate from employment any employee who fails to
				pass the qualifying examination or otherwise meet minimum competency standards
				unless there are no available eligibles on the register for the class, in which
				case his or her employment may be continued but he or she must be separated
				from employment within thirty (30) days after certification of available
				eligibles.
9.1.d. In making the
				appointments provided for in subdivision 9.1.c of this rule the appointing
				authority may count employment in the agency immediately prior to the
				appointments as part or all of the probationary period required under Section
				10 of this rule. The appointing authority shall promptly report to the Director
				his or her decision for the records.
9.1.e. Assignment of the position to the
				appropriate classification shall be accomplished through reclassification as
				provided in subsection 4.6 of this rule.