reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-18 - Individual Tire Collection and Disposal

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1 Commissioner's Waste Tire Collection
				Program. The Commissioner may provide to citizens of the State of West Virginia
				a collection and disposal program.
18.1.a The
				waste and scrap tires may be accepted at Division of Highways County
				Headquarters.
18.1.b The county
				headquarters may accept passenger car and light truck waste tires and
				scraps.
18.1.c The Commissioner may
				limit the number of county headquarters accepting waste tires due to funding,
				space, transportation and staffing.
18.1.d The Commissioner may authorize
				properly licensed commercial businesses to participate in the collection
				program.
18.1.e No business or
				person who has a waste tire pile subject to remediation may participate in the
				program.
18.1.e.1 Once a person who is
				subject to remediation has become fully compliant, he or she may then
				participate in the program.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-19 - Rodent/Vector Control

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1
				Checking For Problems. All waste tire piles must be checked for rodent and/or
				vector control problems. Assistance is to be requested from the County Health
				Department.
19.2 Vector Control.
				Vector control measures must be taken where practical.
19.3 Professional Exterminating. In cases
				where rodent infestation is found, a licensed professional exterminating
				company must be hired to properly bait the tire pile prior to
				remediation.
19.4 Special Cases. In
				special cases the Commissioner can have this work done seven days prior to
				remediation.
19.5 Homes Affected.
				In cases where individual homes are in the proximity of the waste tire pile,
				those affected homeowners may request the bait treatment and be paid for as
				part of the remediation.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-20 - Right of Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1 Division's
				Procedures. The Division's Procedural Rules, 157CSR1 allows for right of appeal
				to the Commissioner of Highways if a party is aggrieved by an Order/Notice or
				action resulting from this rule and issued by the Commissioner or an agent of
				the Commissioner.
20.2 Appeal Time
				Limits. Failure to appeal within the time frames specified in the Division's
				Procedural Rules, 157CSR1 constitutes concurrence, and thus void the right of
				appeal.
20.3 Hearing Officer. The
				ruling of the Hearing Officer on the appeal constitutes final disposition by
				the Division.
20.4 Appeals. Appeal
				of the Hearing Officer's decision is outlined in the Division's Procedural
				Rules, 157CSR1.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-21 - Priority Listing

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1
				Ranking. The Division will establish an environmental priority ranking for
				waste tire piles within the State.
21.2 Highest Ranking. Waste tire piles with a
				higher ranking will, in general, be remediated/cleaned up before lower ranking
				sites.
21.3 Order of Remediation
				Affected By. The actual order of remediating/cleaning up of waste tire piles
				can be affected by:
21.3.a Priority
				ranking
21.3.b Funds
				available
21.3.c Code
				Compliance
21.3.d Legal issues
				outstanding
21.3.e Manpower
				availability
21.3.f Environmental
				Impact
21.3.g Seasonal
				Conditions
21.3.h Disposal Site
				Availability
21.3.i Other Special
				Conditions Which Justify Immediate Action
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-22 - Use of TREC Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1 Use of
				Funds. The Commissioner at his/her discretion may use TREC Funds for, but not
				limited to the following:
22.1.a TREC Program,
				staff, equipment, travel, and expenses;
22.1.b site remediation;
22.1.c legal expenses associated with the
				TREC Program;
22.1.d hauling of
				waste tires;
22.1.e renting,
				leasing, or purchasing equipment used for the waste tire remediation;
22.1.f contractual services for
				remediation;
22.1.g publicity
				expenses;
22.1.h all State
				equipment and manpower doing the TREC remediation;
22.1.i consultant services, if
				needed;
22.1.J proper disposal of
				waste tires;
22.1.k proper storage
				of waste tires or shredded tires;
22.1.l pay differential costs for disposal of
				shredded waste tires in highway construction projects; and
22.1.m professional exterminating companies,
				when required.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-23 - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1 Training. All
				Division employees, contractors' and subcontractors' employees must be provided
				the minimal required training as established by the director.
23.2 Sanitary Facilities. The Contractor must
				provide proper temporary sanitary facilities.
23.3 Safety Equipment. The Contractor must
				provide proper safety equipment and protective clothing.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-09 - Special Crossing Permits › Section 157-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the procedures and standards for issuance of
				special crossing permits authorizing certain vehicles to operate or move a
				vehicle or combination of vehicles which exceed the maximum weight allowance
				specified in W. Va. Code §
									17C-17A-3
				(120,000 pounds) on limited sections of public highways. Special crossing
				permits may be issued only for vehicles hauling coal or coal by-products in the
				Coal Resource Transportation Road System.
1.2. Authority. -- This rule is issued
				pursuant to the provisions of W. Va. Code §
									17C-17A-3.
1.3. Filing Date. -- April 14,
				2006.
1.4. Effective Date. -- April
				14, 2006.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-09 - Special Crossing Permits › Section 157-9-2 - Application for Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. An
				applicant for a special crossing permit must complete an application form
				developed by the Division of Highways and submit it to a Highways District
				Permit Clerk within the district wherein the road that will be crossed or
				traveled is located or where it originates if the route lies within two
				districts.
2.2. The application
				must be accompanied by:
2.2.a. A $500
				application fee;
2.2.b. A list of
				all vehicles or combinations of vehicles, including axle weights and spacings
				and gross vehicle weights, that will be moving on or crossing the highway for
				which the permit is requested. If a vehicle will be hauling various tonnages of
				loads, the maximum weights will be listed; and
2.2.c. An estimate of the number of times per
				day that each listed vehicle or combination of vehicles will cross or travel
				the route.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-09 - Special Crossing Permits › Section 157-9-3 - Vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No listed
				vehicle or combination of vehicles is permitted to haul more than the
				manufacturer's weight rating.
3.2.
				Except as provided in the permit, all listed vehicles or combinations of
				vehicles must be in compliance with all other specifications given in W. Va.
				Code §17C.
3.3. All listed
				vehicles must be identified by vehicle identification number or, if a vehicle
				identification number is not available, by serial number.
3.4. If any vehicle is replaced during the
				course of a three year permit period, the applicant must submit supplemental
				information on each vehicle to the District Permit Clerk. The District
				Maintenance Engineer and/or Bridge Engineer shall review the supplemental
				information and may require additional route analysis, route upgrading, an
				increase in the bond amount, or any other consideration deemed
				necessary.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-09 - Special Crossing Permits › Section 157-9-4 - Evaluation of Permit Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prior to the issuance of any Special
				Crossing Permit:
4.1.a. The District
				Maintenance Engineer(s) in the district(s) in which the proposed route is
				located will initiate a route analysis to determine the feasibility and
				potential costs associated with the applicant being permitted to cross or
				travel the route with any of the listed vehicles or combinations of vehicles.
				Considerations will include the road surface and any existing height or width
				restrictions, bridges, culverts, and potential traffic or safety
				problems;
4.1.b. If there are
				bridges or culverts on the route, the District Bridge Engineer(s) in the
				district(s) in which the route is located will initiate a bridge analysis to
				determine whether these structures can safely bear the weight of the listed
				vehicles or combinations of vehicles, or whether any will require reinforcement
				or replacement; and
4.1.c. The
				District Traffic Engineer(s) in the district(s) in which the route is located
				will perform an analysis to evaluate potential traffic and safety problems and
				recommend appropriate traffic control actions and/or devices.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-09 - Special Crossing Permits › Section 157-9-5 - Approval or Denial of Permit Application

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commissioner of Highways may deny
				the application if there is an existing alternate off-road route available, if
				the road or any bridge thereon is unsuitable for the load, or if it is
				determined that the permit cannot be granted without jeopardizing public
				safety.
5.1.a. The Commissioner of Highways
				may not approve an application which, in combination with another permit or
				permit application, would authorize a vehicle or combination of vehicles to
				operate in excess of the maximum weight allowance specified in W. Va. Code
				§
										17C-17A-3
				on sections of public highways longer than one-half mile.
5.1.b. In the event the application is
				denied, the Commissioner of Highways may (at his or her discretion) refund any
				unexpended portion of the application fee to the applicant.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-09 - Special Crossing Permits › Section 157-9-6 - Duration, Suspension, Revocation or Renewal of Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A special crossing permit is valid for
				three years from the date of issuance.
6.2. While a special crossing permit is in
				effect, the permit holder shall maintain the road in a condition that is
				passable to the traveling public. The District Maintenance Engineer(s),
				accompanied by a representative of the permit holder, shall review the
				conditions of the approved route at least quarterly, or more frequently, if
				deemed appropriate by the District Maintenance Engineer(s), to assure the
				integrity of the roadway and any structures adjacent thereto.
6.3. A special crossing permit may be
				suspended or revoked by the Commissioner of Highways at any time if the permit
				holder is found to be in violation of any of the conditions, requirements,
				addendums or provisions of the permit or to have maintained the roadway or
				crossing as required by the permit or this rule.
6.4. At the end of three years, a permit
				holder may apply to the Commissioner of Highways to renew the permit in the
				same manner as an application for an initial permit. The renewal application
				fee is $500. The Commissioner of Highways may require the same stipulations,
				conditions and requirements, including the posting of a bond in excess of
				$50,000, attendant to the issuance of the original permit or may impose
				additional stipulations, conditions or requirements as a condition of renewal.
				The Commissioner of Highways may also, in his or her discretion, require any or
				all of the route and safety evaluations described in this rule as required for
				issuance of an initial permit or require additional evaluations, analyses or
				requirements before renewing the permit.
6.5. The Commissioner may deny renewal of the
				permit for any of the reasons for which an initial application for a permit may
				be denied, if the permit holder failed to comply with any of the conditions or
				requirements of the previous permit or if the permit holder failed to
				satisfactorily maintain the highway or protect public safety.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule applies general rules to govern special highway financing
				programs.
1.2. Authority. -- W. Va.
				Code §
									17-28-4.
1.3. Filing Date. -- April 6, 2011.
1.4. Effective Date. -- April 6,
				2011.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-3 - Coordination and Development of Transportation Projects with Other Infrastructure; Exemption from Public Service Commission Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Commissioner will encourage the
				joint and concurrent development and construction of transportation projects
				with other infrastructure including, without limitation, water and sewer
				infrastructure.
3.2. To coordinate
				and integrate the planning of transportation projects among local
				jurisdictions, all governing bodies, units of government, municipal utilities
				and public service districts within the affected local jurisdiction must
				cooperate, participate, share information and give input when a project sponsor
				prepares a transportation project plan.
3.3. Municipal utilities and public service
				districts may enter into agreements with any project sponsor for the purpose of
				constructing new infrastructure facilities or substantially improving or
				expanding infrastructure facilities in conjunction with a transportation
				project and dedicating revenue or contributing moneys to transportation project
				costs. Each agreement must contain, at a minimum, engineering and construction
				standards, terms regarding the revenue sources, allocation of project costs and
				confirmation that the agreement does not violate any existing bond covenants.
				Each agreement shall also comply and be consistent with the comprehensive
				agreement applicable to the transportation project. No infrastructure
				facilities may be located or relocated within a right-of-way in, or to be
				included within, the state road system except in accordance with transportation
				project plans approved by the Commissioner.
3.4. The rates charged by a municipal utility
				or public service district to customers in an affected local jurisdiction may
				include the additional cost borne by the municipal utility or public service
				district as a result of entering into an agreement with a project sponsor to
				contribute moneys or dedicate revenue to transportation project
				costs.
3.5. This rule does not
				affect the authority of the Department of Environmental Protection nor the
				authority of the Department of Health and Human Resources as provided by
				law.
3.6. The Public Service
				Commission does not have authority to regulate or intervene in the approval and
				construction of any transportation project or any agreement between a project
				sponsor and a municipal utility or public service district under this
				rule.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-4 - Submission and Consideration of Project Proposals; Bonds

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A sponsor seeking state funds for a
				transportation project must submit to the Division for review a transportation
				plan project proposal for the project. The project proposal must include:
4.1.a. A completed application in a form
				approved by the Division;
4.1.b. A
				map in a scale approved by the Division depicting the location of the
				transportation project and the affected local jurisdictions;
4.1.c. The estimated total project
				cost;
4.1.d. An estimate of any
				state or federal funds requested from the Division;
4.1.e. Other sources of funding available for
				the transportation project;
4.1.f.
				Information demonstrating the need for the transportation project and
				documentation that the proposed funding of the project is the most economically
				feasible alternative to completing the transportation project;
4.1.g. A timeline for activities to be
				performed by the project sponsors;
4.1.h. A statement setting forth the
				financing of the project costs, including the sources of the funds and
				identification of any dedicated revenues, proposed debt, tax increment
				financing plans, issuance of bonds or notes, in-kind services or equity
				investment of project sponsors;
4.1.i. A list of utilities that can be
				constructed in coordination with the transportation project and a statement of
				the plans to accommodate those utilities;
4.1.j. Project sponsor contact
				information;
4.1.k. A statement of
				the projected availability and use of dedicated revenues from user fees, lease
				payments, taxes, and other service payments over time; and
4.1.l. Such other information as the
				Commissioner considers necessary to enable the review of the transportation
				project.
4.1.m. If requested by the
				Commissioner, geographic information system mapping of the transportation
				project and electronic filing of the preliminary proposal.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-5 - Comprehensive Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Prior to acquiring, constructing or improving a transportation facility, the
				project sponsors must enter into a comprehensive agreement with the Division.
				The comprehensive agreement must provide for:
5.1.a. Delivery of performance or payment
				bonds in connection with the construction of or improvements to the
				transportation facility, in the forms and amounts satisfactory to the
				Division;
5.1.b. Review and
				approval of the final plans and specifications for the transportation facility
				by the Division;
5.1.c. Inspection
				of the construction of or improvements to the transportation facility to ensure
				that they conform to the engineering standards acceptable to the
				Division;
5.1.d. Maintenance of a
				policy or policies of public liability insurance or self-insurance, in a form
				and amount satisfactory to the Division and reasonably sufficient to insure
				coverage of tort liability to the public and employees and to enable the
				continued operation of the transportation facility. However, in no event may
				the insurance impose any pecuniary liability on the State, its agencies or any
				political subdivision of the state. Copies of the policies must be filed with
				the Division accompanied by proofs of coverage;
5.1.e. Monitoring of the maintenance and
				operating practices of the sponsoring governmental entity by the Division and
				the taking of any actions the Division finds appropriate to ensure that the
				transportation facility is properly maintained and operated;
5.1.f. Itemization and reimbursement to be
				paid to the Division for the review and any services provided by the
				Division;
5.1.g. Filing of
				semi-annual financial statements in a level of detail approved by the
				Division;
5.1.h. The date of
				termination of the sponsoring governmental entity's duties and dedication to
				the Division; and,
5.1.i. That a
				transportation facility must accommodate all public utilities on a reasonable,
				nondiscriminatory and completely neutral basis and in compliance with W. Va.
				Code §
										17-4-17b,
				as amended.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-6 - Funding of Project

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				sponsor and the Division may use alternative funding sources to conduct the
				project, including Transportation Infrastructure Finance and Innovation Act,
				general obligation bonds, special revenue bonds, anticipatory bonds,
				multi-entity bonds, and dedicated user fees.
6.2. Upon completion of the project, any
				monies excess to the monies defined in the funding section of the project
				agreement shall be deposited in to a separate account for either the earlier
				retirement of the debt or to fund the operation or maintenance of the
				project.
6.3. No fees may be
				terminated until the bonding for the project is retired.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-7 - Commissioner's Authority over Transportation Projects Accepted into the State Road System; Use of State Road Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commissioner has final approval of
				any transportation project. No state road funds may be used, singly or together
				with funds from any other source, for any purpose or in any manner contrary to
				or prohibited by the constitution and laws of this state or the federal
				government or where such use, in the sole discretion of the commissioner, would
				jeopardize receipt of federal funds.
7.2. All transportation projects that are
				accepted as part of the state road system, and all real property interests and
				appurtenances, will be under the exclusive jurisdiction and control of the
				Commissioner, who may exercise the same rights and authority as he or she has
				over other transportation facilities in the state road system. As a condition
				of acceptance of a transportation project into the state road system, the
				Commissioner may require that the project sponsor provide a dedicated revenue
				source for the continued operation and maintenance of the transportation
				project.
7.3. No state road funds
				may be used to finance a transportation project without the written approval of
				the Commissioner.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-8 - Transportation Project is a Public Improvement

Current through Register Vol. XLI, No. 28, July 12, 2024
All transportation projects governed by this rule are public
				  improvements and are subject to the provisions of W. Va. Code §§
									21-5A-1,
				  et. seq. and 5-22-1, et. seq. All construction, reconstruction, repair or
				  improvement of transportation projects must be awarded by competitive bidding.
				  Competitive bids must be solicited by the governmental entity sponsoring a
				  transportation project for each construction contract in excess of $25,000 in
				  total cost through publication of a Class II legal advertisement, as required
				  by W. Va. Code §
									59-3-1,
				  et.seq. The publication area is the county or municipality where the
				  transportation facility is to be located. The advertisement must also be
				  published as a Class II advertisement in a newspaper of general circulation
				  published in the City of Charleston. The advertisement must include the
				  solicitations of sealed proposals for the construction of the transportation
				  project, stating the time and place for the opening of bids. All bids must be
				  publicly opened and read aloud. Construction contracts must be awarded to the
				  lowest qualified responsible bidder who furnishes a sufficient performance and
				  payment bond. The sponsoring governmental entity may reject all bids and
				  solicit new bids for the construction contract. W. Va. Code §
									21-1C-1,
				  et.seq. applies to the construction of all transportation projects approved
				  under this Rule.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-10 - Community Empowerment Transportation Act Program › Section 157-10-9 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division shall prepare and publish an annual report
				  detailing the activities and accomplishments regarding the community
				  empowerment transportation act and also outlining alternative road funding
				  modes and incentive packages. The report shall be provided to the Governor and
				  Joint Committee on Government and Finance no later than December 15 of each
				  year.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-11 - State Transportation Infrastructure Fund Program › Section 157-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				legislative rule establishes general rules pertaining to the West Virginia
				Division of Highways entering into a cooperative agreement with the United
				States Secretary of Transportation to establish an infrastructure revolving
				fund to be known as the State Transportation Infrastructure Fund.
1.2. Authority. -- W. Va. Code §
									17-17B-5.
1.3. Filing Date. -- April 14, 2016
1.4. Effective Date. -- April 14,
				2016
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-11 - State Transportation Infrastructure Fund Program › Section 157-11-3 - State Transportation Infrastructure Fund Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The State
				Transportation Infrastructure Fund Advisory Board is hereby created to make
				recommendations and offer counsel to the Commissioner or the Commissioner's
				designee. The Board may offer recommendations and counsel to the Commissioner
				regarding all aspects of the fund, including, but not limited to, identifying
				and determining eligible borrowers, eligible projects, financing agreements,
				loans, and loan obligations as well as the manner in which the fund is
				capitalized and the manner in which obligations to the fund are
				enforced.
3.2. The Commissioner
				shall be an ex officio member and the chairperson of the Board. The Board shall
				consist of five persons as follows:
3.2 .a.
				The assistant commissioner of the Division;
3.2.b. The business manager of the
				Division;
3.2.c. A member of the
				Division's program planning and administration division;
3.2.d. The Division's state highway engineer;
				and
3.2.e. The director of the
				Division's legal division.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-1 - 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 §
									17-2A-24
				regarding special employment procedures for promotions, appointments, and other
				matters consistent with establishment of a merit based employment process. The
				Division will follow the Division of Personnel's rule, 143CSR1, for employment
				related matters not addressed in W.Va. Code §
									17-2A-24
				or this rule.
1.2. Authority. -- W.
				Va. Code §
									17-2A-24
1.3. Filing Date. -- April 13, 2018
1.4. Effective Date. -- April 13,
				2018
1.5. Sunset Provision - This
				rule shall terminate and have no further effect April 13, 2023.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-4 - Exemption from regular application and appointment requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.1. Pursuant to
				the special procedure authorized by W. Va. Code §
									17-2A-24,
				the division is not required to comply with Division of Personnel procedures
				for seeking applications and making appointments to classified service
				positions.
4.1.2. The commissioner
				shall comply with West Virginia and federal law prohibiting nepotism,
				favoritism, discrimination or unethical practices related to employment and
				promotion, and the public employee grievance system; and
4.1.3. The special hiring and retention
				processes developed by the commissioner may not impact the division's
				eligibility for any federal highway funds or assistance.
4.1.4. Classified employees of the division
				shall continue to be covered by the civil service system and may utilize any
				applicable public employee grievance process.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-6 - Applicant lists and registers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Establishment of competitive lists; use of registers.
6.1.1. After each examination created and
				administered by the division, the commissioner shall prepare a competitive list
				of persons with passing grades. The names of these persons shall be placed on
				the competitive list in the order of their final ratings starting with the
				highest.
6.1.2. After the layoff of
				permanent classified employees, the Division of Personnel prepares preference
				registers of qualified permanent classified employees who have been laid off.
				The commissioner shall request preference registers from the Division of
				Personnel for each vacant position to be filled by an outside
				candidate.
6.1.3. The Division of
				Personnel maintains competitive registers of eligible applicants for state
				employment. The commissioner may request and select applicants from competitive
				registers until such time as the commissioner has sufficient qualified
				applicants on the division's competitive list.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-8 - Appointments

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Original
				Appointments.
8.1.1. The commissioner shall,
				for each position, select first from the eligibles on the preference register.
				Upon exhaustion of the preference register, the commissioner may select from
				the competitive list or may request a register from the Division of Personnel.
				The commissioner shall select from the top ten (10) names on the competitive
				list or register, including any persons scoring the same as the tenth name, or
				any persons scoring at or above the ninetieth percentile on the open
				competitive examination. The commissioner may exclude the names of those
				eligibles who failed to answer or who declined appointment or of those
				eligibles to whom the hiring organization offers an objection in writing and
				the objection is sustained by the commissioner.
8.1.2. In selecting persons from among those
				certified, the hiring organization shall give due consideration, based on job
				related criteria, to all available eligibles and may examine their applications
				and reports of investigations and may interview them. Final selection shall be
				reported in writing by the organization to the commissioner and shall include a
				statement by the hiring organization certifying that the person charged with
				making the selection, complied with the requirements of this section; did not
				make the selection based on favoritism shown or patronage granted; and,
				considered all available eligibles for the position.
8.1.3. If the eligible selected declines the
				appointment, the hiring organization shall transmit evidence of declination to
				the commissioner for the permanent record. The commissioner may consider an
				eligible as having declined appointment if the eligible fails to reply to
				electronic communication [i.e., telephone or electronic mail] or a written
				inquiry by mail after five days. If an eligible accepts an appointment but
				fails to report for duty at the time and place specified, without giving
				reasons for the delay satisfactory to the hiring organization and the
				commissioner, he or she shall be considered to have declined the
				appointment.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-9 - Promotions, Demotions, Transfers and Reallocations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Method of Making Promotions.
9.1.1. In filling vacancies, the commissioner
				shall make an effort to achieve a balance between promotion from within the
				division classified service and the appointment of qualified new employees. The
				commissioner may fill a vacancy by promotion, after consideration of the
				eligible permanent employees in the division or in the classified service based
				on demonstrated capacity and quality and length of service, whenever practical
				and in the best interest of the division.
9.1.2. The organization may only consider a
				candidate for promotion if he or she possesses the qualifications for the
				position as set forth in the specifications for the classification for which he
				or she is a candidate, and may require the candidate to qualify for the new
				position by a promotional competitive or non-competitive examination
				administered by the commissioner.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-10 - Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
Any applicant or employee may request that the commissioner
				  reconsider a decision which directly affects the applicant or employee. Unless
				  otherwise specified in this rule, the request must be submitted in writing
				  within 15 days of the applicant's or employee's notification of the decision.
				  Within thirty (30) days of receipt of the applicant's or employee's request for
				  reconsideration, the Director shall notify the applicant or employee of his or
				  her decision.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-12 - Employment Procedures › Section 157-12-11 - Grievance Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
An employee hired for permanent employment may file a
				  grievance with the Public Employees Grievance Board as provided for in W.Va.
				  Code §
									6C-2-1
et seq.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-13 - Small Wireless Facilities on Division of Highways Rights-of-Way › Section 157-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This legislative rule
				implements the Small Wireless Facilities Deployment Act, enacted March 5, 2019.
				It provides for a permit process and specifies the information that must be
				provided in connection with a permit application.
1.2. Authority. - West Virginia Code §
									31H-2-3.
1.3. Filling Date. -March 18, 2020.
1.4. Effective Date. -March 18,
				2020.
1.5. Sunset Provision - This
				rule shall terminate and have no further force and effect on March 18,
				2025.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-13 - Small Wireless Facilities on Division of Highways Rights-of-Way › Section 157-13-3 - Application for permit. (See W. Va. Code Section 31H-2-1(f) through Section 31H-2-1(j) and W. Va Code Section31H-2-2)

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A wireless infrastructure provider, or
				wireless provider, herein after "Provider", that plans to install, extend,
				expand, or upgrade wireless facilities within a Division right-of-way shall
				submit a permit application to the Division.
3.2. At a minimum, the following information
				is required as part of a permit application:
3.2.1. A complete application form, MM-109.
				The MM-109 may be electronically through the Division's website
				https://transportation.wv.gov/highways/engineering/files/MM-109.pdf; or by
				mailing the application to the Division at 1900 Kanawha Blvd. E., Building 5,
				Room 109, Charleston W.Va. 25305.
3.2.2. A plan view submitted in *.pdf, *.kmz,
				or *.dgn formats, with coordinates which indicate the proposed location of the
				small wireless facilities. Providers seeking to collocate small wireless
				facilities on Division utility poles must enter into an Agreement with the
				Division.
3.2.3. Details, including
				but not limited to:
3.2.3.a. Size of any
				transmitter or receiver.
3.2.3.b.
				Height of installation which must comply with W. Va. Code §
											31H-2-1.
3.2.3.c. Attachment details.
3.2.3.d. Point of electrical service and
				meter number.
3.2.3.e. Fiber optic
				connections.
3.2.3.f. Location on
				map and coordinates.
3.2.3.g.
				Temporary traffic control plan to be utilized during installation and during
				maintenance.
3.2.4.
				Proof of insurance and any applicable bond as provided in section five of this
				rule.
3.2.5. Completed Submission
				Checklist. (See Appendix A)
3.2.6.
				Notarized affidavit. (See Appendix B)
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-13 - Small Wireless Facilities on Division of Highways Rights-of-Way › Section 157-13-4 - Permit requirements, approvals, denials and fees (See Section31H-2-2 and Section31H-2-3)

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				A small wireless provider has the right to collocate a small wireless facility
				and install, maintain, modify, operate and replace its own utility pole, or
				with the permission of the owner, a third party's utility pole that exceeds
				these height limits along, across, upon, and under the right-of-way. Such
				facilities shall be installed and maintained in a manner that will not obstruct
				or hinder usual travel, public safety, or the function or operation of the
				Division's utility poles, equipment or communications devices on the
				right-of-way or to obstruct the legal use of the right-of-way by other
				utilities or the Division.
4.2. The
				Division may require the placement of small wireless facilities on any specific
				utility pole or category of poles or require multiple antenna systems on a
				single utility pole or the underground placement of small wireless
				facilities.
4.3. The Division may
				limit placement of small wireless facilities by minimum separation
				distances.
4.4. The Division will
				assign a tracking number to each application and promptly send the application
				to the appropriate District or Districts with the deadlines for acting on the
				application. When determining the time in which an application must be acted
				upon, if the final day to act falls on a federal or state holiday, the date to
				act upon the application shall be the next weekday that is not a federal or
				state holiday.
4.5. The District
				shall review the application for completeness and accuracy within 10 days of
				receipt of the application by the Division. If the application is incomplete
				the District shall send the applicant a letter detailing the deficiencies of
				the application.
4.5.1. The District must
				approve or deny a completed application for collocation of a small or micro
				wireless facility within 60 days.
4.5.2. The District must approve or deny a
				completed application for installation, modification or replacement of a
				utility pole in the right-of-way within 90 days.
4.5.3. Applications not acted upon within the
				processing deadlines are deemed approved. The processing deadlines may be
				extended by written agreement of the Provider and the District.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-13 - Small Wireless Facilities on Division of Highways Rights-of-Way › Section 157-13-5 - Make ready work. (See W. Va (See Section31H-2-2 and Section31H-2-3)

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Division shall provide a good faith estimate for any make-ready work
				necessary to enable a Division owned utility pole to support the requested
				collocation of small wireless facilities within 60 days after the receipt of a
				complete application for a permit.
5.2. Upon acceptance by the provider of the
				Division's good faith estimate for make-ready work, the provider has 60 days to
				complete the work.
5.3. Replacement
				of a utility pole may only be required if the Division demonstrates that the
				collocation would make the utility pole structurally unsound. The Division may
				not require more make-ready work than required to meet applicable codes or
				industry standards.
5.4. Make-ready
				work may not include work related to preexisting conditions.
5.5. Costs for make-ready work including any
				utility pole replacement may not exceed the actual costs or the amount charged
				to other communications service providers for similar work and may not include
				any consultant fees or expenses.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-13 - Small Wireless Facilities on Division of Highways Rights-of-Way › Section 157-13-6 - Requirements for insurance, bonding and other protections. (See W. Va. Code Section31H-2-4)

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				A wireless provider who owns or operates small wireless facilities or utility
				poles in a Division right-of-way shall indemnify, protect, defend, and hold the
				Division and its officers, employees, agents, and volunteers harmless against
				any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees
				to include reasonable attorney fees and costs of defense, proceedings, actions,
				demands, causes of action, liability and suits of any kind and nature,
				including personal or bodily injury or death, property damage or other harm for
				which recovery of damages is sought, to the extent that it is caused by the
				negligence of the wireless provider who owns or operates small wireless
				facilities or utility poles in the right-of-way, any agent, officer, director,
				representative, employee, affiliate, or subcontractor of the wireless provider,
				or their respective officers, agents, employees, directors, or representatives
				while installing, repairing, or maintaining facilities in
				rights-of-way.
6.2. Except for a
				wireless provider with an existing franchise to occupy and operate in the
				rights-of-way, during the period in which the wireless provider's facilities
				are located on the Division's rights-of-way, the Division may require the
				wireless provider to carry, at the wireless provider's own cost and expense,
				the following insurance:
6.2.1. Property
				insurance for its property's replacement cost against all risks;
6.2.2. Workers' compensation insurance, as
				required by law; or
6.2.3.
				Commercial general liability insurance with respect to its activities on the
				Division's rights-of-way to afford minimum protection limits consistent with
				its requirements of other users of Division's rights-of-way, including coverage
				for bodily injury and property damage. The Division may require a wireless
				provider to include the Division as an additional insured on the commercial
				general liability policy and provide certification and documentation of
				inclusion of the Division in a commercial general liability policy as
				reasonably required by the Division.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule details procedures and requirements for submitting contract bids for
				highway construction projects.
1.2. Authority. -- W. Va. Code §
									17-2A-15
				and §
									17-4-19.
1.3. Filing Date. -- April 6, 2021
1.4. Effective Date. -- May 6, 2021