reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-12 - General Administration of Records Management and Preservation › Section 148-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule sets forth the Standards, Procedures and Techniques for
				effective management of records.
1.2. Authority. -- W. Va. Code §
									5A-8-1
				through §
									5A-8-20.
1.3. Filing Date. -- February 13,
				2020.
1.4. Effective Date. -
				February 13, 2020.
1.5. Sunset
				Provision. - This rule shall terminate and have no further force or effect on
				February 13, 2025.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-12 - General Administration of Records Management and Preservation › Section 148-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means Secretary of the Department of Administration, as
				designated by statute as State Records Administrator.
2.2. "Agency head" means the chief executive
				officer of the agency.
2.3.
				"Agency Records Manager" means an employee appointed by the agency head to
				manage the agency's records inventory and to act as liaison with the
				Administrator.
2.4. "Record" means
				any document, paper, spreadsheet, correspondence, electronic file, photograph,
				sound recording or other material, regardless of format, made or received
				pursuant to law or in connection with the transaction of official state
				business.
2.5. "Records Center"
				means the facility for storage of records that are required to be retained
				long-term._
2.6. "Records Retention
				Authorization" means the request by the agency for approval of the agency's
				proposed Retention and Disposal Schedule.
2.7. "Record Series" means a group of
				identical or related records which are normally used and filed as a unit, and
				which permit evaluation as a unit for retention scheduling purposes.
2.8. "Retention and Disposal Schedule" means
				a schedule of approved retention periods for the records of an agency in the
				format prescribed by the Administrator.
2.9. "Retention Period" means a period of
				time during which records must be held before they may be legally disposed. The
				retention period is usually stated in terms of months or years, but sometimes
				is contingent upon the occurrence of an event; e.g., employee termination and
				contract expiration. The retention period includes the life span of each record
				from creation to final disposition.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-12 - General Administration of Records Management and Preservation › Section 148-12-3 - Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Duties, State
				Records Administrator.
The Administrator shall:
3.1.1. Provide guidance to agencies in
				developing retention and disposal schedules, on records management best
				practices, and opportunities for efficiencies.
3.1.2. Seek the assistance of the State
				Archivist, as required, in determining whether a record has archival
				value.
3.1.3. Secure a facility for
				a statewide records center for use by agencies to store physical
				records.
3.1.4. Approve or reject
				Records Retention Authorizations and requests to destroy records in conjunction
				with the State Archivist submitted by agencies.
3.1.5. Prepare an annual report on the
				administration of the statewide records management program established pursuant
				to the statute.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-12 - General Administration of Records Management and Preservation › Section 148-12-4 - Electronic Records

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Agencies should utilize electronic records in place of physical records when
				appropriate.
4.2. Electronic
				records are subject to the same requirements as physical records under statute
				and pursuant to this rule, including retention policies and destruction
				approval.
4.3. Agencies may create
				a physical record to be replaced by or converted to an electronic record for
				retention purposes. Agencies should note such practices in the Records
				Retention Authorization.
4.4. Any
				records deemed to have historical value must be maintained in original format.
				No records of historical value shall be converted to electronic format as an
				original without written approval of the State Archivist and the
				Administrator.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-12 - General Administration of Records Management and Preservation › Section 148-12-5 - Special Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Agencies may, with their own personnel, initiate studies, surveys and programs
				for improving the efficiency and effectiveness of their records management
				functions. Agencies are encouraged to develop Records Management improvement
				projects.
5.2. The Administrator
				will, upon request, recommend improvements in current records management
				practices including the use of space, equipment and supplies employed in
				creating, maintaining, storing and servicing records. If assistance is desired
				by an agency, a written request shall be forwarded to the Administrator
				specifying the type of assistance required.
5.3. The Administrator's written approval
				must be obtained prior to any agency retaining or employing any vendor to
				consult and/or assist in records management.
5.4. Upon completion of any agency-initiated
				records management survey, study or program, a copy of the findings and
				recommendations shall be furnished to the Administrator.
5.5. A copy of the findings and
				recommendations of any consulting service employed by any agency concerning
				records management shall be furnished to the Administrator.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule sets forth the Standards, procedures and techniques for
				effective management of records.
1.2. Authority. -- W. Va. Code §
									5A-8-1
				through §
									5A-8-20.
1.3. Filing Date. -- February 13,
				2020.
1.4. Effective Date. -
				February 13, 2020.
1.5. Sunset
				provision. - This rule shall terminate and have no further force or effect
				after February 13, 2025.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means Secretary of the Department of Administration, as
				designated by statute as State Records Administrator.
2.2. "Agency Records Manager" means an
				employee appointed by the agency head to manage the agency's records inventory
				and to act as liaison with the Administrator.
2.3. "Non-record" means duplicates of
				official records created for convenience, drafts, personal notes related to
				drafts, or any material not originally created in the transaction of state
				business.
2.4. "Record" means any
				document, paper, spreadsheet, correspondence, electronic file, photograph,
				sound recording or other material, regardless of format, made or received
				pursuant to law or in connection with the transaction of official state
				business.
2.5. "Records Center"
				means the facility for storage of records that are required to be retained
				long-term.
2.6. "Records Retention
				Authorization" means request by the agency to the Administrator for approval of
				the agency's proposed Retention and Disposal Schedule.
2.7. "Retention and Disposal Schedule" means
				a schedule of approved retention periods for the records of an agency in the
				format prescribed by the Administrator.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-3 - Destruction of records and non-records

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 No record shall be disposed of by an
				agency, unless it is determined by the State Archivist and Administrator that
				the record has no further administrative, legal, fiscal, research or historical
				value.
3.2 Non-records may, if not
				otherwise prohibited by law, be destroyed at any time by the agency in
				possession of such materials without the prior approval of the Administrator.
3.3. Any questions as to whether
				material is a record or non-record will be resolved by the
				Administrator.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-4 - Inventory of agency records

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Each agency will submit to the Administrator biennially their total records
				inventory, both physical and electronic, as of June 30.
4.2. The Administrator will furnish each
				agency the required forms and instructions for taking the biennial
				inventory.
4.3. The inventory shall
				reflect any departmental changes, addition of new record series, deletion of
				obsolete record series, changes in record series titles and location, and
				revised retention recommendations.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-5 - Records retention authorization and approval

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All agencies shall prepare a Records
				Retention Authorization for each record series held by the agency with proposed
				retention periods in the format prescribed by the Administrator. The
				authorization must contain the chronological period of the record series; if it
				is a continuing record, the word "present" shall be used in order to eliminate
				preparing a new authorization each time the retention period expires. When the
				record becomes obsolete, the word "present" is annotated to read the final date
				of the record.
5.2. The agency
				shall submit the Records Retention Authorization to the Administrator for
				approval.
5.2.1. The agency shall request
				amendment of approved retention periods on the Records Retention Authorization
				in the same manner as requesting an original authorization. The reasons for
				such change shall be clearly explained.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-6 - Retirement of records to records center

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Physical records that must be retained
				for an extended period of time may be transferred to the State Records Center
				annually or as needed by the agency.
6.2. Agency records managers shall ensure
				that each carton of records retired to the Records Center has an adequate
				description of the records contained in the carton and a destruction
				date.
6.3. Agency records managers
				shall review at least annually the inventory of records stored at the Records
				Center and request destruction of those records that have reached the end of
				required retention periods.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-7 - Destruction of records by the agency

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. When records have reached the end of the
				required retention period pursuant to the agency's Records Retention and
				Disposal Schedule, regardless of paper or electronic format, the Agency Records
				Manager shall request approval to destroy the records from both the State
				Archivist and the Administrator.
7.1.1. The
				State Archivist may identify records on the request to destroy records that
				should be preserved permanently, and the agency shall transfer those records to
				the Department of Arts, Culture and History to become part of the State
				Archives.
7.1.2. The request to
				destroy records shall be submitted on forms prescribed by the
				Administrator.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-13 - Records Retention And Disposal Scheduling › Section 148-13-8 - Conversion to electronic format

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When appropriate, electronic records
				should be retained by an agency rather than physical records.
8.2. If an agency creates a physical record,
				then later converts the record to electronic format for retention purposes, the
				agency should indicate that practice on the Records Retention Authorization.
8.2.1. Once approved by the Administrator as
				part of the Records Retention and Disposal Schedule, the agency is not required
				to request destruction of physical records that are copies of an electronic
				record created for retention purposes.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule sets forth the Standards, procedures and techniques for
				effective management of records.
1.2. Authority. -- W. Va. Code §
									5A-8-1
				through §
									5A-8-20.
1.3. Filing Date. -- February 13,
				2020.
1.4. Effective Date. -
				February 13, 2020.
1.5. Sunset
				provision. - This rule shall terminate and have no force and effect after
				February 13, 2025.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Administrator" means Secretary of the Department of Administration, as
				designated by statute as State Records Administrator.
2.2. "Agency Records Manager" means an
				employee appointed by the agency head to manage the agency's records inventory
				and to act as liaison with the Administrator.
2.3. "Record" means any document, paper,
				spreadsheet, correspondence, electronic file, photograph, sound recording or
				other material, regardless of format, made or received pursuant to law or in
				connection with the transaction of official state business.
2.4. "Records Center" means the facility for
				storage of records that are required to be retained long-term.
2.5. "Retention and Disposal Schedule" means
				a schedule of approved retention periods for the records of an
				agency.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-3 - Records Center

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Administrator shall provide for a Records Center for the purpose of storing
				physical records that are required to be maintained for an extended time
				period. Agencies may use the Records Center at their option.
3.2. The Records Center shall be a secure
				facility that maintains industry standards for records retention. The Records
				Center should provide related services such as retrieval, transportation of
				records, indexing, destruction and materials necessary for storage.
3.3. The agency records manager is
				responsible for packing the records in the manner required by the Records
				Center, and utilizing any forms required by the Records Center.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-4 - Selection of Records for Retirement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Records requiring long-term physical
				storage should be transferred at least annually by the agency to the Records
				Center.
4.2. Listings of records
				eligible for storage should be prepared by the Agency Records Manager from the
				agency's current Retention & Disposal Schedule.
4.3. When planning records retirement,
				sufficient time should be allowed to secure storage cartons, pack and label
				cartons, index records contained in each carton, and make arrangements
				regarding physical transfer of records.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-5 - Standard Records Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				All records retired to the Records Center should be packed in standard records
				storage cartons. Odd-sized boxes and transfer cases will not be accepted
				without prior approval of the Records Center.
5.2. All records should be organized, boxed,
				and filed as required by the State Records Center.
5.3. All records retired to the Records
				Center shall have an adequate description for the records contained in each
				carton and a retention period clearly identified.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-6 - Authorized Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				agency head shall submit to the Administrator and the Records Center a listing
				of agency personnel authorized to request records or information stored in the
				Records Center.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-7 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Records and/or
				information may be requested from the Records Center in accordance with the
				records request policy of the Records Center.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-14 - Management Of Records Maintained By Records Center › Section 148-14-8 - Disposal of Records by Records Center

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Records stored in the Records Center
				will be held until either removal or destruction is requested by the
				agency.
8.2. To protect
				confidentiality of certain records, agencies may request records to be shredded
				or securely destroyed by the Record Center, if the Record Center offers such
				services.
8.3. Agency records
				managers should annually review the inventory of records stored at the Records
				Center and the Records Retention and Disposal Schedule to determine if records
				stored at the Records Center have reached the end of the retention period and
				are eligible for disposal or destruction.
8.4. Requests to destroy records should be
				prepared for the records stored at the Records Center in the same manner as any
				other request to destroy and submitted to the Administrator for approval. Once
				approved, the agency records managers may either have the records destroyed or
				disposed of by the Records Center or may destroy or dispose of the records
				in-house.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-15 - Technology Access For Visually Impaired › Section 148-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule sets forth the minimum standards and criteria to be used in
				approving or rejecting procurements by state agencies for adaptive technologies
				for nonvisual access uses.
1.2.
				Authority. -- W. Va. Code §
									18-10N-3.
1.3. Filing Date. -- April 17,
				2003.
1.4. Effective Date. -- July
				1, 2003.
1.5. Purpose. -- This rule
				requires that when State agencies develop, procure, maintain, or use electronic
				and information technology, State employees who are visually impaired have
				access to and use of information and data that is comparable to the access and
				use by State employees who are not individuals with disabilities, unless an
				undue burden would be imposed on the agency. This rule also requires that
				individuals who are visually impaired, who are members of the public seeking
				information or services from a State agency, have access to and use of
				information and data that is comparable to that provided to the public who are
				not individuals with disabilities, unless an undue burden would be imposed on
				the agency.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-15 - Technology Access For Visually Impaired › Section 148-15-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				legislative rule applies to all state agencies, except those statutorily
				exempted from its application.
2.2.
				Products covered by the rule shall comply with all applicable provisions of the
				rule. When developing, procuring, maintaining, or using electronic and
				information technology, each state agency shall ensure that the products comply
				with the applicable provisions of the rule, unless an undue burden would be
				imposed on the state agency.
(1) When
				compliance with the provisions of the rule imposes an undue burden, state
				agencies shall provide blind or visually impaired individuals with the
				information and data involved by an alternative means of access that allows the
				individual to use the information and data.
(2) When procuring a product, if a state
				agency determines that compliance with any provision of the rule imposes an
				undue burden, the documentation by the state agency supporting the procurement
				shall explain why, and to what extent, compliance with each provision creates
				an undue burden.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-15 - Technology Access For Visually Impaired › Section 148-15-5 - Functional Performance Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Functional performance criteria.
(a) At least one mode of operation and
				information retrieval that does not require user vision shall be provided, or
				support for assistive technology used by people who are blind or visually
				impaired shall be provided.
(b) At
				least one mode of operation and information retrieval that does not require
				visual acuity greater than 20/70 shall be provided in audio and enlarged print
				output working together or independently, or support for assistive technology
				used by people who are visually impaired shall be provided.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-15 - Technology Access For Visually Impaired › Section 148-15-6 - Information, Documentation, and Support

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Information, documentation, and support.
(a) Product support documentation provided to
				end-users shall be made available by state agencies in alternate formats upon
				request, at no additional charge.
(b) End-users shall have access to a
				description of the accessibility and compatibility features of products in
				alternate formats or alternate methods upon request, at no additional
				charge.
(c) Support services for
				products shall accommodate the communication needs of end-users with
				disabilities.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-16 - Cannibalization Of State Property › Section 148-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule explains and clarifies operative procedures for the disposal of state
				surplus property by cannibalization for use of component parts.
1.2. Authority. -- W. Va. Code, §
									5A-3-45.
1.3. Filing Date. -- April 4, 2007.
1.4. Effective Date. -- July 1,
				2007.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-16 - Cannibalization Of State Property › Section 148-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, all terms have the same meanings
				  provided in W. Va. Code §§
									5A-1-1 et
				  seq. and 5A-3-1 et seq. In addition:
2.1. "Director" means the Director of the
				Purchasing Division of the Department of Administration.
2.2. "Cannibalization" means the removal of
				parts from one commodity to use in the creation or repair of another
				commodity.
2.3. Spending Officer"
				means the executive head of a spending unit or a person designated by
				him.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-16 - Cannibalization Of State Property › Section 148-16-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				applies to all spending units of state government except those statutorily
				exempted. Exempted spending units may elect to follow this rule.
3.2. All requests for property
				cannibalization under this rule must be approved by the Director of the
				Purchasing Division, or a designee.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-16 - Cannibalization Of State Property › Section 148-16-4 - Cannibalization Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. State
				assets shall be disposed of exclusively through the state agency for surplus
				property.
4.2. All requests for
				cannibalization of property must be submitted by the agency inventory
				coordinator and approved by the spending officer. A "Cannibalization Asset
				Request Form" (WV-105) must be submitted to the state agency for surplus
				property outlining:
4.2.a. The commodity
				identification number which was originally assigned by the agency when the
				property was purchased and entered into the agency's inventory;
4.2.b. The commodity acquisition
				date;
4.2.c. The commodity
				acquisition cost which is the amount originally paid for the
				property;
4.2.d. A description of
				the commodity;
4.2.e. Whether the
				commodity is operable and, if so, how well it operates. If the item is
				operable, the agency must provide justification for removing parts from an
				asset in usable condition;
4.2.f.
				How the agency will dispose of the remaining parts of the commodity. All parts
				not being used or retained for future use to repair another piece of equipment
				must be retired to the state agency for surplus property for proper disposal;
				and,
4.2.g. Who will cannibalize
				the commodity and how the person is qualified to remove and reinstall the
				parts. A separate document, signed by the spending officer, must accompany the
				"Cannibalization Asset Request Form" (WV-105), identifying the individual(s)
				responsible for performing the disassembly and repair, along with their
				qualifications.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-17 - Waste Disposal Of State Property › Section 148-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule explains and clarifies operative procedures for the disposal of
				commodities as waste.
1.2.
				Authority. -- W. Va. Code, §
									5A-3-45.
1.3. Filing Date. -- April 4, 2007.
1.4. Effective Date. -- July 1,
				2007.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-17 - Waste Disposal Of State Property › Section 148-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, all terms have the same meanings
				  provided in W. Va. Code §§
									5A-1-1 et.
				  seq. and 5A-3-1 et seq., In addition:
2.1. "Director" means the Director of the
				Purchasing Division of the Department of Administration.
2.2. "Waste" means a commodity with a value
				less than the benefit that can be realized through any authorized method of
				property disposal.
2.3. "Landfill"
				means a facility approved by the Department of Environmental Protection to
				accept waste for disposal.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-17 - Waste Disposal Of State Property › Section 148-17-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				applies to all spending units of state government except those statutorily
				exempted. Exempted spending units may elect to follow this rule.
3.2. All requests for disposal of assets as
				waste under this rule must be approved by the Director of the Purchasing
				Division, or a designee.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-17 - Waste Disposal Of State Property › Section 148-17-4 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. State assets
				shall be disposed of exclusively through the state agency for surplus
				property.
4.2. The requesting
				agency shall submit a "Surplus Property Retirement Form" (WV-103) to the state
				agency for surplus property.
4.3.
				The state agency for surplus property shall evaluate the recommendation of the
				requesting agency to determine if inspection of the property is
				necessary.
4.4. The state agency
				for surplus property may determine that a physical inspection is not required
				when any of the following conditions exist:
4.4.a. The documentation for the request is
				complete and sufficient to allow a determination to be made;
4.4.b. The item was destroyed in a known
				natural disaster, accident or other occurrence; or,
4.4.c. The value of the item is such that
				disposal as waste is in the best interest of the State.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards and procedures for recipients of state funds and
				grants to account for the manner in which those funds are spent.
1.2. Authority. -- W. Va. Code '12-4-14.
1.3. Filing Date. -- April 4, 2007.
1.4. Effective Date. -- May 1,
				2007.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-3 - Reports of the Disbursement of State Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any grantee who receives one or more
				state grants totaling $50,000 or more in the aggregate in a state fiscal year
				(ending on June 30th) shall file with the grantor a report of how the state
				grant funds were disbursed.
3.2. A
				grantee may satisfy the report requirement of subsection 3.1. of this rule
				through the performance of either an agreed-upon procedures engagement or an
				examination engagement conducted by an independent certified public accountant
				(CPA) in accordance with Compliance Attestation Standards established by the
				AICPA=s Statements on Standards for Attestation Engagements. The scope of the
				report is limited to showing that state grants were spent for the intended
				purpose.
3.3. Reports required by
				this section shall contain at least the following:
3.3.1. Identifying State grants
				information.
3.3.2. Amount of
				award.
3.3.3. Receipts of
				funds
3.3.4. Expenditures of
				funds
3.3.5. Time period being
				reported on.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-4 - Audit Reports for Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In
				lieu of the required report, the grantee may submit an audit performed by an
				independent CPA that complies with the Office of Management and Budget=s (OMB)
				Circular A-133 (Audits of States, Local Governments and Non-Profit
				Organizations) which includes a schedule of state grant receipts and
				expenditures and a related auditor=s opinion on whether the schedule is fairly
				stated in relation to the financial statements taken as a whole.
4.2. In lieu of the required report, the
				grantee may submit a financial audit, performed by an independent CPA, which
				complies with Government Auditing Standards issued by the Comptroller General
				of the United States if the audit includes a schedule of state grant receipts
				and expenditures and a related auditor=s opinion on whether the schedule is
				fairly stated in relation to the financial statements taken as a
				whole.
4.3. Any independent audit
				report prepared in accordance with Government Auditing Standards or OMB
				Circular A-133 and submitted before the effective date of this rule shall be
				considered acceptable in its current form only if it otherwise complies with
				the provisions of the W. Va. Code '12-4-14.
4.4. All audit work papers shall be retained
				by the independent certified public accountant performing such audit for a
				period of five (5) years following the date of issuance of the audit
				report.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-5 - Sworn Statements of Expenditures Made Under Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any grantee who:
1) receives one or more state grants in an
				aggregate amount of less than $50,000;
2) is not required to file a report because
				the grantor causes an audit of the grant funds to be conducted by an
				independent certified public accountant using Government Auditing Standards and
				a copy of the audit is available for public inspection; or
3) is not required to file a report because
				an audit complying with the Office of Management and Budget Circular A-133 is
				substituted for the report, shall file with each grantor a sworn statement of
				expenditures, notarized by a notary public in good standing with the Secretary
				of State, for all applicable state grants. The form shall indicate that the
				grantee has sworn to or affirmed the truthfulness and completeness of the
				information contained in the statement of expenditures.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-6 - Debarment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any grantee
				failing to file a required report or sworn statement of expenditures for state
				grants disbursed after July 1, 2003, within the required time is barred from
				subsequently receiving further state grants until the grantee complies with its
				reporting responsibilities and is otherwise in compliance with the provisions
				of this rule.
6.2. The grantor has
				primary responsibility for determining if the grantee has filed a required
				report or sworn statement of expenditures, the date the report or statement was
				filed, and if the report or statement meets all Statutory and Administrative
				requirements. Proof of grounds for debarment must be clear and
				convincing.
6.3. The grantor shall
				administer the debarment process.
6.3.1. Once
				the grantor determines that a grantee should be debarred, the grantor shall
				notify the grantee by certified mail, return receipt requested, of the reasons
				and the causes relied upon for the proposed debarment.
6.3.2. If the grantee disputes the proposed
				debarment, it must submit its argument to the grantor in writing within 30
				calender days after receipt of the notice.
6.3.3. If a grantee contests the debarment
				decision, the grantor shall decide the matter in accordance with the provisions
				of W. Va. Code '29A-5-1
				et seq.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-7 - Grantor Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any grantor shall, in a manner
				designated by the Legislative Auditor, provide information identified in
				'12-4-14(e)
				of the W. Va. Code.
7.2. The
				grantor shall notify each grantee of the reporting requirements set forth in
				this section.
7.2.1. For state grants that
				have already been fully negotiated and signed by the responsible parties, the
				grantor may satisfy the notification requirement through transmittal of an
				ancillary communication to the grantee.
7.2.2. For state grants that have yet to be
				fully negotiated and signed by the responsible parties, the grantor shall
				incorporate a clause within its formal grant agreement, contractual document or
				grant award notification letter to convey the reporting requirements under W.
				Va. Code '12-4-14.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-18 - Administration Of State Funds And Grants › Section 148-18-8 - Verification Process

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Before
				awarding a state grant, a grantor shall take reasonable actions to verify that
				the person seeking the state grant is not barred from receiving said grant. The
				verification process shall include one of the following:
8.1.1. A clause within the formal grant
				agreement (or other contractual) document, signed by a senior representative of
				the person seeking the grant before a notary public in good standing with the
				Secretary of State. AUnder penalty of law for false swearing (W. Va. Code
				'61-5-3),
				[PERSON] certifies that by signing this grant agreement on the signature page
				that [PERSON] and all related parties have filed all reports for state grants
				received as required under W. Va. Code '12-4-14.@
8.1.2. A separate notarized sworn statement
				of compliance from the person seeking the state grant stating that the person
				has filed all Areports@ and sworn statements of expenditures pursuant to the
				requirements of W. Va. Code '12-4-14.
				A senior representative of the person must sign the notarized statement and
				provide his or her printed name, title and date of signature. The sworn
				statement shall include the following clause: AUnder penalty of law for false
				swearing (W. Va. Code '61-5-3),
				[PERSON] certifies that by signing this sworn statement [PERSON] and all
				related parties have filed all reports for state grants received as required
				under W. Va. Code '12-4-14.@
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule provides for the selection, negotiation and acquisition by
				contract or lease of all grounds, buildings, office space or other space
				required by any spending unit of the executive branch of State government. This
				Legislative Rule, except as otherwise set forth in § 148-19-10 of this
				Rule, does not apply to: public lands, rivers and streams acquired or managed
				by, or which title is vested in or transferred to, the Division of Natural
				Resources; the Higher Education Policy Commission; the West Virginia Council
				for Community and Technical College Education; the institutional boards of
				governors in accordance with the provisions of subsection (v), section four,
				article five, chapter eighteen-b of the W. Va. Code; the real property held by
				the Department of Agriculture; the real property held by the West Virginia
				State Conservation Committee; and, except as to office space, the Division of
				Highways. This exemption does not apply to the office space of spending units
				of the executive branch.
1.2.
				Authority. -- W. Va. Code §
									5A-10-11.
1.3. Filing Date. -- April 2, 2019.
1.4. Effective Date. -- April 2,
				2019.
1.5. Sunset provision. --
				This rule shall terminate and have no further force or effect upon April 2,
				2029.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-2 - Request for Leased Space

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Generally.
2.1.a. A spending unit desiring to
				lease any ground, building, office space or other space shall submit to the
				Real Estate Division of the Department of Administration a completed
				Requisition for Leased Space on the form provided by the Real Estate Division,
				signed by the chief executive officer of the spending unit or his or her
				designee, no later than six months prior the date the space is
				required.
2.1.b. The requisition
				shall require that the spending unit provide any information requested by the
				Executive Director to accurately assess the spending unit's leasing needs. The
				requisition shall contain a certification by the chief executive officer of the
				spending unit or his or her designee that the space is necessarily required for
				the proper function of the spending unit, that the spending unit will be
				responsible for all rent and other necessary payments in connection with the
				lease, and that satisfactory space is not available on grounds or in buildings
				now owned or leased by the State.
2.1.c. A request to renew an existing lease
				with or without changes shall be submitted by requisition no later than six
				months prior to expiration of the existing lease. The Executive Director shall
				determine if it is necessary to seek proposals for new leases within thirty
				days of such submission. The current landlord will be simultaneously notified
				by the Executive Director upon the determination of the necessity to seek
				proposals for new leases.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-4 - Fair Rental Value

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Before
				executing any lease, the Executive Director shall determine the fair rental
				value for the rental of the requested space by the manner which he or she
				determines to be most efficient and effective for the spending unit's request.
				To determine the fair rental value of the space requested, the Executive
				Director may cause an appraisal to be conducted by a licensed real estate
				appraiser and may require the spending unit to pay for the cost of the
				appraisal.
4.2. The Executive
				Director may not enter into any lease if the rental exceeds the fair rental
				value of the space requested.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-5 - Lease Terms and Execution

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				General.
A lease shall be prepared by the Executive Director. The term
				  of the lease shall not exceed forty years. Leases for a term of more than six
				  months, including any options, shall be filed with the State Auditor. If the
				  term of the lease is for a period longer than one year, the following terms and
				  conditions, in substance, shall be included in the lease:
5.1.a. The Department of Administration, as
				lessee, has the right to cancel the lease without further obligation on the
				part of the State upon thirty days' written notice to the lessor, such notice
				being given at least thirty days prior to the last day of the succeeding
				month.
5.1.b. The lease shall be
				considered canceled without further obligation on the part of the State in the
				event the West Virginia Legislature or the federal government fails to
				appropriate sufficient funds with which to pay the rentals and other sums
				reserved in the lease, or otherwise acts to impair the lease or causes it to be
				canceled. The Department of Administration shall promptly give written notice
				of such cancellation to the applicable lessor.
5.1.c. The lease shall be considered renewed
				for each fiscal year during the term of the lease unless canceled by the
				Department of Administration before the end of the then current fiscal
				year.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-6 - Lease Cancellation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				order to allow sufficient delivery time and to comply with the conditions of
				the lease, a spending unit desiring to cancel a lease must submit a letter
				requesting cancellation to the Executive Director no later than sixty days
				prior to the requested cancellation date. The letter must be signed by the
				chief executive officer of the spending unit or his or her designee. The
				Executive Director shall immediately forward a copy of the letter requesting
				cancellation to the Secretary of the Department of Administration or his or her
				designee and may assist the Secretary of the Department of Administration or
				his or her designee in determining whether the request for cancellation will be
				granted. If the spending unit's request for cancellation is granted, the
				Secretary of the Department of Administration or his or her designee shall send
				written notice to the lessor at the last known address on file with the Real
				Estate Division, notifying the lessor of the cancellation and the effective
				date of the cancellation.