reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-4 - Training and Staff Development

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Director will issue a written policy, outlining a statewide training program, which includes a training plan, curriculum and staff development. The Director will designate a training coordinator, who will plan, coordinate and supervise the training program. An advisory committee will be established by the Director and will include, at a minimum, the training coordinator and at least one staff member from each of the Division's facilities. The training plan and curriculum will be developed, reviewed annually, evaluated and updated based on an annual assessment by the advisory training committee.
4.2. The Director's written policy will require all new full-time employees to receive forty hours of orientation training before undertaking their assignments, including, at a minimum, the following: orientation to the purpose, goals, policies, and procedures of the institution and parent agency; working conditions and regulations; employees' rights and responsibilities; and an overview of the correctional field. Depending on the employee(s) and the particular job requirements, orientation training may include preparatory instruction related to the particular job.
4.3. The Director's written policy will require all administrative and managerial staff to receive forty hours of training, in addition to orientation training, during their first year of employment and during every year thereafter, covering, at a minimum, the following areas: general management; labor law; staff/management relations; the juvenile justice system; and relationships with other service agencies.
4.4. The Director's written policy will require all new juvenile workers to receive an added one hundred, twenty hours of training during their first year of employment and an added forty hours of training each subsequent year of employment covering, at a minimum, the following areas: security procedures; supervision of juveniles; suicide management; report writing; juvenile rules and regulations; rights and responsibilities of juveniles; safety procedures; social/cultural lifestyles of the juvenile population; communication skills; first aid; and CPR.
4.5. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-5 - Management Information and Research

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. System of Information. The Division shall establish an offender management system of information storage and retrieval relative to juvenile resident and operational needs. The Director will issue a written policy governing the security of the information and data collection systems, including certification, access to data and protection of the privacy of all juvenile residents in the custody of the Division. The information management system shall be developed in collaboration with criminal justice and service agencies in information gathering, exchanges and standardization, resident population accounting, evaluation, research, and resident participation.
5.2. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-6 - Resident Records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Division shall record case resident information for every juvenile placed in the custody of the Division. The Director will issue written policy governing case record management, including at a minimum the following areas: the establishment, use, and content of juvenile records; right to privacy; secure placement and preservation of records; and schedule for retiring or destroying inactive records. The Division will review the policies and procedures annually.
6.2. The case record on each juvenile will be maintained in a master file and include, at a minimum, the following information with regard to the juvenile: Name, age, sex, place of birth, and race or nationality; initial intake information form; authority to accept juvenile; referral source; case history/social history; medical consent form; name, relationship, address, and phone numbers, when applicable; court and disposition; individual plan or program; signed release of information forms, when required; progress reports on program involvement; program rules and disciplinary policy signed by juvenile; grievance and disciplinary record, if applicable; referrals to other agencies; final discharge or transfer report.
6.3. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-7 - Physical Plant

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Division shall conform to applicable federal, state and/or local building codes, as may be amended from time to time.
7.2. The Division will conform to applicable federal, state, and/or local fire safety codes, as may be amended from time to time. Compliance will be documented by the authority having jurisdiction of the facility. A fire alarm and automatic detection system will be required, as approved by the authority having jurisdiction of the facility, or a plan for addressing deficiencies. The authority will approve any variances, exceptions, or equivalencies that do not constitute a serious life safety threat to the occupants of the facilities operated by the Division.
7.3. The Director will issue a written policy requiring all housing areas to provide lighting according to tasks to be performed and heating, space, ventilation, and acoustical systems to ensure healthful and comfortable living and working conditions for juveniles and staff.
7.4. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-8 - Sanitation and Hygiene

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Division shall maintain its facilities in a condition that is clean, healthful and sanitary, and which conforms with applicable federal, state and local sanitation and health laws and rules, as may be amended from time to time. The Director shall develop and implement a written policy on sanitation and hygiene including any required periodic sanitation inspections of all facility areas. The policy shall address and provide for a waste disposal system; control of insects and vermin; a stored supply of clothing and bedding and accountability for each; a housekeeping plan; hot and cold water bathing facilities; a system of issuance and exchange of suitable, clean bedding, towels and linen. Juveniles will be provided complete sets of clean clothing, an approved shower schedule and necessary personal hygiene articles.
8.2. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-9 - Medical and Health Care Services

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Director will designate a health care provider to be responsible for health care at the respective facilities pursuant to a written agreement, contract, or job description.
9.2. Personnel who provide health care services to juveniles must comply with appropriate state and federal licensure, certification, or registration requirements and restrictions. The duties and responsibilities of such personnel will be governed by job descriptions written and approved by the health care provider.
9.3. The Division will provide, or designate a health provider who will be responsible for providing, mental health services. These services include, but are not limited to, those provided by mental health professionals who meet the educational and license/certification criteria specified by their respective professional disciplines.
9.4. The Director will issue written policy providing for a suicide prevention and intervention program. This policy will be reviewed by a medical or mental health professional employed by the Division.
9.5. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-10 - Resident Rules and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Director shall issue written rules of conduct which specify acts prohibited within a facility and penalties that may be imposed for various degrees of violation. The rules of conduct shall contain chargeable offenses, ranges of penalties and disciplinary procedures and shall be posted within each facility in a conspicuous are accessible to residents and staff. In addition, a copy of the rules of conduct shall be provided to juveniles upon entry and staff members upon employment. The Director shall review these rules annually and update as needed.
10.2. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-11 - Food Services

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Director shall issue written policy requiring food services to comply with the applicable sanitation and health codes promulgated by federal, state, and local authorities, as may be amended from time to time, and with health protection relating to food handlers and juveniles working in food services.
11.2. The food services supervisor of each facility shall comply with nationally recommended food allowances for basic nutritional needs of the juveniles in care.
11.3. The Division may contract for food services in compliance with federal, state, and local standards.
11.4. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-12 - Academic and Vocational Education

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Director will issue written policy in collaboration with Division of Institutional Education, Department of Education, which makes available academic, vocational, and work programs that are related to the individual needs of the juveniles placed in the Division's custody.
12.2. Space and equipment needs of academic and vocational programs shall be in compliance with School Building Authority standards set out in ___ CSR ___ and state and federal education law.
12.3. All academic and vocational training personnel must be certified by a state department of education or other comparable authority.
12.4. Education staff shall determine the need for and provide remedial education services.
12.5. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-13 - Library Services

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each facility will designate a specific person to coordinate and supervise library services. Library services may be rendered in a separate room or location distinguished as a "library," or by providing a variety of selected reading materials.
13.2. Library services shall be provided and will be made available to all juveniles.
13.3. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-14 - Recreation and Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Juveniles shall have access to recreational opportunities and equipment for indoor exercise and outdoor exercise, as weather permits.
14.2. A facility of fifty or more juveniles shall have a full-time recreation director responsible for planning and supervising all recreation programs. A facility of less than fifty juveniles shall have a staff member who has received training in recreation.
14.3. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-15 - Communication, Mail and Visitation

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Each facility will provide juveniles in its care telephone access, visitation and mail services as outlined below.
15.2. Juvenile correspondence, both incoming and outgoing, shall not be read by staff, unless the correspondence could be detrimental to the juvenile's well being or there is evidence of criminal conduct relating to the correspondence. If correspondence is read, the juvenile shall be informed in advance and shall be present when the correspondence is opened, and the action shall be documented.
15.3. Juveniles will have access to the telephone to make and receive personal calls, as well as calls to and from attorneys, probation officers and social workers as needed.
15.4. Juveniles have the right to receive visits, subject to the limitations necessary to maintain facility order and security.
15.5. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-16 - Religious Observance

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Each facility shall provide residents with reasonable opportunities to practice their religion, with visits permitted by spiritual advisors.
16.2. Provisions will be made for residents to observe the requirements of their faiths, limited only by staff documentation of a threat to the safety of persons involved in such activity or that the activity disrupts order in the facility.
16.3. The Director's written policy will adopt, at a minimum, the American Correctional Association's Standards for Juvenile Detention Facilities, as amended from time to time.
West Virginia Code of State Rules › Agency 101 - Juvenile Services › Title 101 - LEGISLATIVE RULE JUVENILE FACILITIES STANDARDS COMMISSION › Series 101-01 - WV Minimum Standards For Structure, Operation And Maintenance Of Juvenile Detention And Correctional Fac › Section 101-1-17 - Institutional Abuse and Neglect

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Employees of the Division who have reasonable cause to suspect that a child in the custody of the Division has been neglected or abused or who observe the child being subjected to conditions that are likely to result in abuse or neglect, shall immediately, and not more than forty-eight hours after suspecting this abuse, report the circumstances or cause a report to be made to the state Department of Health and Human Resources. (W. Va. Code § 49-6A-2 )
17.2. In any case where the reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report, or cause a report to be made, to the Division of Public Safety and any law-enforcement agency having jurisdiction to investigate the complaint: Any person required to report under this article who is a member of the staff of a public or private institution, school, facility or agency shall immediately notify the person in charge of such institution, school, facility or agency, or a designated agent thereof, who shall report or cause a report to be made. (W. Va. Code § 49-6A-2 )
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These Procedural Rules shall
				govern the initiation and conduct of litigation in contested Workers'
				Compensation claims before the Workers' Compensation Board of Review.
1.2. Authority. -- W. Va. Code
				§ 23-5-11a(j) and (m).
1.3.
				Filing Date. -- April 4, 2022.
1.4.
				Effective Date. -- July 1, 2022.
1.5. This procedural rule repeals and
				replaces 102CSR1, Rules of Practice and Procedure, effective August 1,
				2013.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-2 - Index

Current through Register Vol. XLI, No. 28, July 12, 2024
102-1-1. General
102-1-2. Index
102-1-3. Definitions
102-1-4. Purpose
102-1-5. Representation of Parties
102-1-6. Litigation Process
102-1-7. Evidence: Exchange and
				Filing
102-1-8. Administrative
				Hearings Procedures, Generally
102-1-9. Expedited Hearings
102-1-10. Failure to Prosecute
				Protest
102-1-11. Occupational
				Pneumoconiosis
102-1-12. Motions,
				Objections, and Correspondence
102-1-13. Depositions
102-1-14. Adding or Dismissing Chargeable
				Employers and Carriers
102-1-15.
				Decisions, Other Resolutions, Orders Signed by Hearing Examiners, and Motions
				to Reconsider
102-1-16.
				Mediation
102-1-17. Failure to
				Timely Rule on Application, Petition, or Motion
102-1-18. Unreasonable Denials and Attorney
				Fees
102-1-19. Disputes Between
				Claim Administrators: Reopening Versus New Injury Issues
102-1-20. Denial of a Claim Based Upon W. Va.
				Code § 23-5I-4 [not 51] (Classification of independent contractors and
				employees)
102-1-21. Petition for
				Award of Claimant's Attorney Fees and Costs Pursuant to W. Va. Code
				§ 23-5-16a(c)
102-1-22.
				Stays
102-1-23.
				Severability
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-4 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The purpose of the litigation process
				before the Board of Review is to receive and consider, as expeditiously and as
				fairly as possible, evidence and information relevant to the determination of
				the rights of the parties and to provide a review of claims management rulings
				made by the claim administrator with regard to the grant or denial of any
				award, or the entry of any order, or the grant or denial of any modification or
				change with respect to former findings, orders or awards made pursuant to
				Chapter 23 of the W. Va. Code.
4.2.
				In regard to W. Va. Code §
									23-4-1c(a)(3), the purpose of the litigation
				process before the Board of Review is also to provide an expedited hearing
				process to claimants when a private carrier or self-insured employer, whichever
				is applicable, fails to timely issue a ruling upon any application or motion as
				provided by law, or the claimant files a timely protest to the ruling of a
				self-insured employer or private carrier or other issuing entity denying the
				compensability of the clam, denying temporary total disability benefits, or
				denying medical authorization.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-5 - Representation of Parties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Individuals. Any claimant or employer who is a natural person may appear and
				represent himself or herself in any matter before the Board of Review. At the
				Board of Review's discretion, a claimant's relative or friend may speak on
				behalf of the claimant. At a hearing, the Board of Review shall explain to any
				party appearing without counsel the right to employ counsel and shall inquire
				as to the desire of such person to obtain counsel. In appropriate cases the
				hearing may be continued to permit a party to obtain counsel; however, absent a
				showing of good cause, a hearing shall be continued only one time for a party
				to obtain counsel.
5.2. Employers
				who are not natural persons and the Offices of the Insurance Commissioner must
				be represented by an attorney duly licensed or authorized to practice law in
				the State of West Virginia.
5.3.
				Counsel. Only an attorney duly licensed or authorized to practice law in the
				State of West Virginia may represent a claimant or employer in a matter before
				the Board of Review. At the Board of Review's discretion, a claimant's relative
				or friend may speak on behalf of the claimant.
5.4. Lay Representative. A party may not be
				represented in a matter before the Board of Review by a spokesperson, lay
				representative or anyone else not admitted to practice law in the State of West
				Virginia. At the Board of Review's discretion, a claimant's relative or friend
				may speak on behalf of the claimant.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-8 - Administrative Hearings Procedures, Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Right to administrative hearing
8.1.1. The
				Board of Review will schedule a hearing upon receipt of a timely request and a
				showing of good cause to support the request.
8.1.2. Except for the expedited issues
				identified in W. Va. Code §
										23-4-1c(a)(3) and this Rule, a hearing shall be
				specifically requested by a party at least thirty (30) days prior to the
				expiration of the requesting party's time frame. If requested less than thirty
				(30) days before the expiration of the time frame, the party requesting the
				hearing shall state good cause for the untimeliness of the request. It is not
				the intent of this subsection to prohibit cross-examination or rebuttal
				evidence.
8.1.3. The Board of
				Review prefers that testimony be obtained by deposition rather than at an
				administrative hearing.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-10 - Failure to Prosecute Protest

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. This
				section provides a process for the efficient resolution of protests where the
				protesting party does not proceed, does not explain the basis for the protest,
				and does not withdraw the protest. The party protesting a decision, or the
				alleged failure to timely issue a decision, of the claim administrator has the
				burden of presenting evidence or argument in support of its position. Evidence
				or argument must be filed before the expiration of the protesting party's time
				frame. Unless the protesting party timely files evidence or argument, the claim
				administrator's decision will be affirmed.
10.2. Requirements. The requirement of this
				section may be met by the filing, or receipt, during the party's time frame, of
				any of the following: documentary or physical evidence; testimony from a
				deposition or at a hearing scheduled by the Board of Review; argument in lieu
				of evidence (must be submitted during time frame); and notice or motion
				identifying relevant documents from other protests involving the same
				parties.
10.3. Order to Show Cause.
				The Board of Review will review each matter at the conclusion of the protesting
				party's time frame to determine whether the protesting party has submitted
				evidence or argument in lieu of evidence. If it appears from a review of the
				matter that the protesting party has not filed any evidence or argument, the
				Board of Review shall issue a show cause order to the protesting party for the
				purpose of allowing the protesting party to demonstrate that some evidence or
				argument had been timely filed.
10.4. Decision affirming order. If the
				protesting party fails to show that evidence or argument has been timely filed,
				or if there is no response to the show cause order, the Board of Review shall
				issue a decision affirming the claim administrator's order.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-12 - Motions, Objections, and Correspondence

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A copy of all correspondence, motions,
				objections or other documents provided to the Board of Review regarding any
				issue in litigation shall be provided to all counsel of the other parties (or
				to the party if not represented by counsel). Some indication that copies were
				provided to all other parties must accompany the documents provided to the
				Board of Review. A member of the West Virginia State Bar must provide his or
				her Bar membership number with any correspondence, filings, motions,
				objections, or other documents.
12.2. Motions or objections in writing. With
				the exception of motions and objections that are presented orally during a
				hearing, all motions and objections shall be made in writing. The motion shall
				clearly set forth all grounds, facts, and authorities in support of the motion.
				Any response by an opposing party to a written motion shall be filed in writing
				with the Board of Review within fifteen (15) days of receipt of the motion and
				shall set forth all matters in opposition to the motion.
12.3. Motions or objections during hearing. A
				motion or objection may be made on the record, orally or in writing. The motion
				shall clearly set forth all grounds, facts, and authorities in support of the
				motion. The opposing party, if present, shall have the right to set forth
				matters in opposition to such motion on the record. The absence of a party
				shall not be grounds for delay in ruling upon any motion, or grounds for
				reconsideration of any ruling made, absent a written motion for reconsideration
				and an affirmative showing of good cause for such nonappearance by the opposing
				party.
12.4. All rulings upon
				motions shall be interlocutory in nature and may not be appealed except in
				conjunction with a final decision unless specifically noted otherwise in the
				ruling on the motion.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-13 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In order to promptly and efficiently
				process cases the parties are encouraged, particularly for the purpose of
				cross-examining expert witnesses, to use depositions to the maximum extent
				possible. Accordingly, depositions may be obtained and used for evidentiary
				purposes without prior consent of the Board of Review. Depositions shall be
				conducted in accordance with the section on "Administrative Hearings
				Procedures, Generally," except that the Board of Review need not be present and
				any person otherwise qualified and authorized to administer oaths or
				affirmations may do so to the deponents. Objections to questions asked in a
				deposition will be noted upon the record along with the grounds for the
				objection, and the question shall be answered with the question and answer
				transcribed as a part of the deposition on avowal. Motions relative to any
				objections made shall be submitted in writing to the Board of Review within
				fifteen (15) days after either party tenders the deposition to be made a part
				of the record. A ruling on motions as to the admissibility or inadmissibility
				of any questions and answers objected to will be rendered in a timely
				manner.
13.2. Procedure. The taking
				of a deposition shall be by agreement of the parties or upon reasonable notice
				to the deponent and all parties or, if the party is represented by counsel,
				their counsel of record. Notice shall be in writing and shall contain the date,
				time, and place of the deposition as well as the name and address of each
				person to be deposed. The cost of court reporter services shall be borne by the
				party requesting the deposition unless the Offices of the Insurance
				Commissioner agrees as a policy to assume the cost. The cost of witness fees
				and expenses shall be the obligation of a party as provided in the section on
				"Administrative Hearings Procedures, Generally." Parties are encouraged to
				utilize depositions to obtain testimony whenever possible.
13.3. Telephone deposition. Depositions may
				be taken by telephone conference call or other electronic means as if taken in
				person. The same procedure applies as provided for other depositions. Costs
				incurred in the taking of telephone depositions shall be borne as provided for
				other depositions.
13.4. Use of any
				deposition shall be subject to objection as in Circuit Court. The admission of
				any deposition into evidence may be denied if it appears that the deposition
				was taken at such place and under such circumstances as to impose an undue
				burden or hardship upon the opposing party.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-14 - Adding or Dismissing Chargeable Employers and Carriers

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Requirements. When it appears that
				another employer may have liability for the claim, the Board of Review shall
				notify the potentially chargeable employer, and its carrier, of the right to
				participate in the ongoing litigation. No employer may be added by final
				decision, and no employer may be dismissed by final decision, until after all
				other potentially chargeable employers and their carriers have been given
				notice and the opportunity to appear. The final decision may take the form of a
				remand to the proper claim administrator, or the Offices of the Insurance
				Commissioner, for additional investigation and entry of a new order. However,
				remanding the claim is not an available outcome when a dispute exists over
				which administrator has jurisdiction over the claim. In the latter event, the
				Board of Review will determine which claim administrator has administrative
				authority and jurisdiction. The burden is on the moving party to provide
				sufficient claim identifying information from which the Board of Review can
				determine the specific identity of the other employer and/or carrier.
14.2. Tolling of statute of limitations for
				claim filings. Pursuant to W. Va. Code § 23-5-1a(c), the Board of Review
				has authority to toll any statute of limitations by directing that:
14.2.1. An application for benefits be
				designated as a petition to reopen, effective as of the original date of
				filing; or
14.2.2. A petition to
				reopen be designated as an application for benefits, effective as of the
				original date of filing; or
14.2.3.
				An application for benefits or petition to reopen with any claim administrator
				be designated as either with any other claim administrator, effective as of the
				original date of filing.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-15 - Decisions, Other Resolutions, Orders signed by Hearing Examiners, and Motions to Reconsider

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Decisions.
				Pursuant to W. Va. Code § 23-5-9a(e), the Board of Review shall issue a
				written decision containing findings of fact and conclusions of law for all
				protests submitted for decision. This decision, a copy of which will be sent or
				made available to all parties and their counsel of record, shall be subject to
				appeal pursuant to W. Va. Code § 23-5-12a.
15.2. Other resolutions of protests
15.2.1. Upon motion of any party, upon
				request of the protesting party, or as a sanction permitted by these Rules, any
				protest pending before the Board of Review can be dismissed from
				litigation.
15.2.2. The Board of
				Review may resolve a protested issue by ruling or order where the protesting
				party fails to comply with a properly served subpoena, withdraws its protest,
				fails to prosecute its protest, or for any other reason the Board of Review
				deems appropriate.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-16 - Mediation

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Mediation is a process in which a
				neutral third person assists the parties to reach their own mutually acceptable
				resolution.
16.2. The Mediator will
				schedule and conduct any meetings with the parties and will report to the Board
				of Review the results of the mediation process within a time period set by the
				Board of Review.
16.3. The
				proceedings of any meetings, including any statements made by any party,
				attorney, or other participant, shall, in all respects, be confidential and not
				reported, recorded, placed in evidence, or otherwise made known. A Mediator
				shall maintain and preserve the confidentiality of all mediation proceedings.
				No party shall be bound by anything done or said at the mediation meeting
				unless a settlement is reached, in which event the agreement shall be reduced
				to writing and shall be binding upon all parties to that agreement.
16.4. If a settlement is reached, the
				Mediator may direct counsel to prepare the agreement and circulate it for
				signature by all parties to the claim. Upon completion of an executed
				settlement agreement the parties shall notify the Board of Review that the
				matter has been resolved. If the parties are unable to resolve their dispute at
				the mediation meeting, the Mediator shall make note that there has been
				compliance with the requirements of this Rule, but no settlement has been
				reached.
16.5. Sanctions for
				failure to participate. Any party to a claim selected for mediation must have
				full authority to settle without additional consultation. Nothing in this Rule
				shall be interpreted as to compel a party to agree against his or her interest
				to any settlement. Failure to participate in the mediation process may be
				grounds for sanctions for non-compliance including, but not limited to, a
				decision reversing the protested order, an order dismissing the protest,
				submission of the protest for final determination upon the existing record, or
				such other sanctions as may be justified in the discretion of the Board of
				Review.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-17 - Failure to Timely Rule on Application, Petition, or Motion

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Scope. W. Va. Code §
									23-4-1c(a)(3)
				provides a remedy to the claimant when the private carrier or self-insured
				employer fails to timely issue a ruling, as provided by law, on any application
				or motion. The Offices of the Insurance Commissioner, and its third-party
				administrators, are not specifically included in the statute and are,
				therefore, not subject to this process.
17.2. Initiation of process. In order to
				initiate this process, the claimant must submit in writing to the Board of
				Review a statement setting forth the following information:
17.2.1. The claimant's name, address, phone
				number, date of injury (or last exposure), employer's name and address, and
				insurer's name;
17.2.2. The policy
				number, claim number, and case number, if known;
17.2.3. The nature of the action requested of
				the insurer or self-insured employer, whichever is applicable;
17.2.4. The date the action was requested of
				the insurer or self-insured employer, whichever is applicable;
17.2.5. The address to which the request was
				mailed or delivered.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-18 - Unreasonable Denials and Attorney Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Scope. Pursuant to W. Va. Code
				§
									23-2C-21(c), if a denial of compensability, a denial of an award of
				temporary total disability, or a denial of an authorization for medical
				benefits is determined by the Board of Review to be unreasonable, then
				reasonable attorney fees and costs actually incurred in the process of
				obtaining a reversal of the denial shall be awarded to the claimant and paid by
				the private carrier or self-insured employer, whichever issued the unreasonable
				denial. The Offices of the Insurance Commissioner, and its third-party
				administrators, are not specifically included in the statute and are,
				therefore, not subject to this process.
18.2. Initiation of Process
18.2.1. If a denial of compensability, a
				denial of an award of temporary total disability, or a denial of an
				authorization for medical benefits has been reversed, the claimant may then
				submit to the Board of Review an allegation that the denial was unreasonable
				under the definition provided by W. Va. Code §
										23-2C-21(c).
18.2.2. The process is initiated upon receipt
				by the Board of Review of the claimant's allegation, in writing, with a copy to
				the employer and the employer's private carrier or the employer's claim
				administrator, whichever is applicable. Notice of the allegation must be filed
				with the Board of Review within ninety (90) days of the final decision that is
				issued at the conclusion of all appeals regarding the claimant's protest of the
				specific, relevant denial.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-20 - Denial of a Claim Based upon W. Va. Code Section 21-5I-4 (Classification of independent contractors and employees)

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Initiation of process. This process is
				initiated upon receipt by the Board of Review of the claimant's protest to a
				ruling denying the compensability of the claim because the claim administrator
				found the claimant is an independent contractor.
20.2. Filing of evidence and argument. The
				Board of Review will issue a Time Frame Order setting forth the time limits for
				the filing of evidence and argument by the parties.
20.3. Decision. Following the expiration of
				the time frame, the Board of Review will issue a decision determining whether
				the criteria set forth in W. Va. Code § 21-5I-4 to establish that the
				claimant is an independent contractor has been met.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-21 - Petition for Award of Claimant's Attorney Fees and Costs pursuant to W. Va. Code Section 23-5-16a(c)

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Scope. W.
				Va. Code § 23-5-16a(c) provides for an award of attorney fees and costs to
				the claimant's counsel after a final decision in which the claimant
				successfully prevails in a proceeding relating to a denial of medical
				benefits.
21.2. Initiation of
				process. If the Board's decision granting medical benefits is not appealed,
				then the claimant's counsel may submit a "Petition for Award of Claimant's
				Attorney Fees and Costs" within thirty (30) days following the expiration of
				the appeal period. Claimant's counsel shall serve copies of the Petition on the
				claimant, employer, claim administrator, and employer's counsel. Employer's
				counsel may submit a Response to the Petition within ten (10) days of receipt
				of the Petition.
21.3. Decision.
				The Board of Review will consider the Petition and the Response, if any is
				timely submitted, and will enter an order within thirty (30) days of receipt of
				the Petition.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-22 - Stays

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Scope. Pursuant to W. Va. Code
				§ 23-5-9a(g) and W. Va. Code of State Rules § 85-1-18, the Board of
				Review's decisions are final, and benefits shall be paid or denied in
				accordance with the decision unless an order staying the payment of benefits is
				entered by the Board of Review or an appellate court. The responsible party may
				move for stay of any order entered by the Board of Review for the payment of
				indemnity benefits, or which will necessarily require or result in the payment
				of such benefits, including, but not limited to, an order which finds a claim
				to be compensable, by filing a motion with either the Board of Review or the
				appellate court. A stay with respect to any medical, rehabilitation, or
				permanent total disability benefits may not be granted.
22.2. Initiation of process with Board of
				Review. If the responsible party files a motion for stay with the Board of
				Review, the motion must be filed within ten (10) days of the date of entry of
				the Board of Review's underlying order. Any motion that is not timely filed
				shall be dismissed with prejudice. The motion must include the following
				minimum content: a statement of the reasons the stay is being sought, and a
				statement of the grounds for the appeal of the underlying order. Failure to
				include the minimum content is grounds for summary denial of the motion. The
				claimant may file a response to the motion within ten (10) days of the date on
				which the motion was filed. The Board of Review shall enter an order granting
				or denying the motion within ten (10) days from the end of the response
				period.
22.3. Limitations in any
				order granting a motion for stay. Any order granting a motion for stay shall
				expressly limit the stay to temporary total or permanent partial indemnity
				benefits to be paid in the claim as a result of the underlying order. Any order
				granting a motion for stay shall expressly limit the duration of the stay to
				the expiration of the jurisdictional time limit for the filing of an appeal of
				the underlying order, or to the entry of a decision by the appellate court if
				an appeal is filed. If the appellate court enters a decision remanding a case
				to the Board of Review for further proceedings, any stay granted by the Board
				of Review or appellate court shall remain in effect until the Board of Review
				enters a new order on the issue which was remanded, at which time the stay will
				be lifted.
West Virginia Code of State Rules › Agency 102 - Workers' Compensation Board Of Review › Title 102 - PROCEDURAL RULE WORKERS' COMPENSATION BOARD OF REVIEW › Series 102-01 - Rules of Practice and Procedure and Litigation of Protests › Section 102-1-23 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of these Rules or the application thereof to
				  any person or circumstances is held unconstitutional or invalid, such
				  unconstitutionality or invalidity shall not affect other provisions or
				  application of these Rules, and to this end the provisions of these Rules are
				  declared to be severable.