reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-7 - Administrative Law Judge

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Designation
Proceedings under this part shall be presided over by an administrative law judge who shall be appointed by the executive director of the West Virginia Human Rights Commission. An administrative law judge under these regulations may be the same person designated to serve as a Human Rights Commission hearing examiner under the West Virginia Human Rights Act and its implementing regulations.
7.2. Authority
The administrative law judge shall have all powers necessary to conduct fair and impartial hearings including, but not limited to, the power:
7.2.1. To conduct hearings in accordance with these rules.
7.2.2. To administer oaths and affirmations and examine witnesses.
7.2.3. To issue subpoenas.
7.2.4. To rule on offers of proof and receive evidence.
7.2.5. To take depositions or have depositions taken when the ends of justice would be served.
7.2.6. To regulate the course of the hearing and the conduct of parties and their counsel.
7.2.7. To hold conferences for the settlement or simplification of the issues by consent of the parties.
7.2.8. To dispose of motions, procedural requests, and similar, matters.
7.2.9. To make decisions as provided herein.
7.2.10. To exercise such powers vested in the commission as are necessary and appropriate for the purpose of the hearing and conduct of the proceeding.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-8 - Parties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In general.
8.1.1. Parties to the proceeding include:
8.1.1.a. The commission. The commission files the charge seeking appropriate relief for an aggrieved party and vindication of the public interest.
8.1.1.b. Respondent. A respondent is a person named in the charge against whom relief is sought.
8.1.1.c. Intervenors. Any aggrieved person may file a request for intervention. Intervention shall be permitted if the request is timely, and:
8.1.1.c.1. The intervenor is the aggrieved person on whose behalf the charge is issued.
8.1.1.c.2. The intervenor is an aggrieved person who claims an interest in the property or transaction that is the subject of the charge and the disposition of the charge may as a practical matter impair or impede the aggrieved person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-9 - Pleadings and Motions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In general.
9.1.1. Form.
Every pleading, motion, brief or other document shall contain a caption setting forth the title of the proceeding, the docket number, and the designation of the type of document (e.g., charge, answer or motion to dismiss).
9.1.2. Signature.
Every pleading, motion, brief or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and must include the signer's address and telephone number. The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information and belief there is good ground to support the document, and that it is not interposed for delay.
9.1.3. Timely filing.
The administrative law judge may refuse to consider any motion or other pleading that is not filed in a timely fashion and in compliance with this part.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-10 - Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. In general.
The following actions govern discovery in aid of administrative proceedings under these regulations. Except for time periods stated in these rules, to the extent that these rules conflict with discovery procedures in the West Virginia Rules of Civil Procedure apply.
10.2. Scope.
10.2.1. The parties are encouraged to engage in voluntary discovery procedures. Discovery shall be conducted as expeditiously and inexpensively as possible, consistent with the needs of all parties to obtain relevant evidence. Unless otherwise ordered by the administrative law judge, the parties may obtain discovery regarding any matter, not privileged, which is or may be relevant to the subject matter involved in the proceeding, including the existence, description, nature, custody, condition, and location of documents or persons having knowledge of any discoverable matter. It is not grounds for objection that information sought will not be admissible if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
10.2.2. For the purposes of obtaining discovery from a non-intervening aggrieved person, the term "party" as used in these rules regarding discovery includes the aggrieved person on whose behalf the charge was issued.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-11 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In general.
This section governs the issuance of subpoenas in administrative proceedings under these rules. Except for time periods stated in these rules, to the extent that this rule conflicts with procedures for the issuance of subpoenas, the West Virginia Rules of Civil Procedure apply.
11.2. Issuance of subpoena.
Upon the written request of a party, the executive director of the commission or the presiding administrative law judge may issue a subpoena requiring:
11.2.1. The attendance of a witness for the purpose of giving testimony at a deposition;
11.2.2. The attendance of a witness for the purpose of giving testimony at a hearing; and
11.2.3. The production of relevant books, papers, documents or tangible things.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-12 - Prehearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Prehearing memoranda.
12.1.1. In general.
Before the commencement of the hearing, the administrative law judge may direct parties to file prehearing memoranda.
12.1.2. Contents of prehearing memoranda
The prehearing memoranda must state the name of the party or parties presenting the memorandum, and, unless otherwise directed by the administrative law judge, briefly set forth the following:
12.1.2.a. Issues involved in the proceeding.
12.1.2.b. Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible.
12.1.2.c. Facts in dispute.
12.1.2.d. Witnesses (together with a summary of the testimony expected) and exhibits to be presented at the hearing. (Copies of those exhibits not already provided to the other party shall be attached.)
12.1.2.e. A brief statement of applicable law.
12.1.2.f. Conclusions to be drawn.
12.1.2.g. Estimated time required for presentation of the party's case.
12.1.2.h. Such other information as may assist in the disposition of the proceeding.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-13 - Hearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Date and place of hearing.
13.1.1. Date.
The hearing shall commence not later than one hundred twenty (120) days following the issuance of the charge unless it is impracticable to do so. If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, the aggrieved persons on whose behalf the charge was filed, and the attorney general of the reasons for the delay.
13.1.2. Place.
The hearing will be conducted at a place in the vicinity in which the discriminatory housing practice is alleged to have occurred or to be about to occur, unless otherwise agreed by the parties, the aggrieved person and the administrative law judge.
13.1.3. Notification of time and place for hearing.
The time frame order issued by the administrative law judge shall specify the time, date and place for the hearing. The administrative law judge may change the time, date or place of the hearing, or may temporarily adjourn or continue a hearing for good cause shown. If such a change is made or the hearing is temporarily adjourned, the administrative law judge shall give the parties at least five (5) days' notice of the revised time, date and place for the hearing, unless otherwise agreed by the parties.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-14 - Dismissals and Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Dismissal.
14.1.1. Election of judicial determination
If the complainant, the respondent, or the aggrieved person on whose behalf a complaint was filed makes a timely election to have the claims asserted in the charge decided in a civil action under W. Va. Code '5-11A-13(o), the administrative law judge shall dismiss the administrative proceeding.
14.1.2. Effect of a civil action on administrative proceeding.
An administrative law judge may not continue an administrative proceeding under this part regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under-state or federal law seeking relief with respect to that discriminatory housing practice. If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding. The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under W. Va. Code '5-11A-13(j), or proceedings for such relief under W. Va. Code '5-11A-14 does not affect administrative proceedings under these regulations.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-08 - Rules For The Processing Of Complaints And For Administrative Proceedings Under The WV Fair Housing Act › Section 77-8-15 - Judicial Review and Enforcement of Final Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Judicial review of final decision
15.1.1. Petition for review
Any party adversely affected by a final decision under 14.6. may file a petition in the appropriate circuit court for review of the decision under W. Va. Code '5-11A-13(h). The petition must be filed within thirty (30) days of the date of issuance of the final decision.
15.1.2. No petition for review.
If no petition for review is filed under section 15.1.1 within forty-five (45) days from the date of issuance of the final decision, the findings of facts and final decision shall be conclusive in connection with any petition for enforcement described under section 15.2 filed thereafter by the commission, and in connection with any petition for enforcement described under section 15.2.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-09 - Housing Discrimination Against Persons with Disabilities Who Utilize Assistance Animals › Section 77-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The following legislative rules of the West Virginia Human Rights Commission set forth standards for compliance with the requirements of the West Virginia Fair Housing Act, W. Va. Code '5-11A-1 et seq., regarding nondiscrimination against persons with disabilities who utilize assistance animals to perform major life activities or to ameliorate the effect of its master's disability.
In these rules, the word "handicap" and its derivations are replaced by the word "disability" and its derivations, in order to conform to a convention established by the Americans with Disabilities Act of 1990 and the West Virginia Human Rights Act, as amended, even though the Federal Fair Housing Act and the West Virginia Fair Housing Act use the term "handicap." For the purpose of these rules, "disability" is synonymous with "handicap."
1.2. Authority. -- W. Va. Code ''5-11-8(h), 5-11A-5, 5-11A-9, 5-11A-13, 5-11A-20, and 29A-3-1 et seq.
1.3. Filing Date. -- May 4, 2012.
1.4. Effective Date. -- May 4, 2012.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-09 - Housing Discrimination Against Persons with Disabilities Who Utilize Assistance Animals › Section 77-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Assistance animal" means any service animal or emotional support animal, with or without specific training and/or certification, which is kept and used by a person with a disability, to perform or assist in performing one or more major life activities, or to ease or ameliorate the effects of its master's disability.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-09 - Housing Discrimination Against Persons with Disabilities Who Utilize Assistance Animals › Section 77-9-3 - Assistance Animals As An Accommodation To A Disability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit, including public and common use areas.
3.2. Rules, policies, practices, or services regarding pets are subject to the reasonable accommodation requirements of subsection 3.1; provided, that in connection with a request for reasonable accommodation to such rules, policies, practices, or services, a person with a disability may be required to provide supporting material documenting the need for the assistance animal.
3.3. Where reasonable accommodation to rules, policies, practices, or services with regard to animals is required, it shall be unlawful to condition such accommodation on the payment of additional fees or deposits.
3.4. A person with a disability may be refused the accommodation of an assistance animal if there is credible evidence that such assistance animal would be a direct threat to the health or safety of others.
3.5. A person with a disability who keeps or uses an assistance animal shall be responsible for seeing that such assistance animal lives in the home of such person without disturbing the property or quiet enjoyment of the property owner or such person's neighbors and shall be liable for any damage caused by such assistance animal.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-10 - Pregnant Workers' Fairness Act › Section 77-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- The following legislative rule series, filed pursuant to the West
				Virginia Pregnant Workers' Fairness Act (PWFA), W. Va. Code §
									5-11B-1 et
				seq., sets forth definitions and identifies some reasonable accommodations
				addressing known limitations related to pregnancy, childbirth, or related
				medical conditions.
1.2. Authority.
				-- W. Va. Code §
									5-11B-4
1.3.
				Filing Date. -- July 31,2015
1.4.
				Effective Date. -- July 20,2016
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-10 - Pregnant Workers' Fairness Act › Section 77-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Affected by Pregnancy" means a woman
				who is pregnant or is experiencing medical conditions related to her pregnancy
				which has ended.
2.2. "Undue
				hardship" -- In general, the term "undue hardship" means an action requiring
				significant difficulty or expense, when considered in light of the factors set
				forth in subdivision 2.2.1.
2.2.1. Factors to
				be considered. In determining whether an accommodation would impose an undue
				hardship on a covered entity, factors to be considered include:
2.2.1.a. The nature and cost of the
				accommodation needed under this article;
2.2.1.b. The overall financial resources of
				the facility or facilities involved in the provision of the reasonable
				accommodation; the number of persons employed at such facility; the effect on
				expenses and resources, or the impact otherwise of such accommodation upon the
				operation of the facility;
2.2.1.c.
				The overall financial resources of the covered entity; the overall size of the
				business of a covered entity with respect to the number of its employees; the
				number, type, and location of its facilities; and
2.2.1.d. The type of operation or operations
				of the covered entity, including the composition, structure, and functions of
				the workforce of such entity; the geographic separateness, administrative, or
				fiscal relationship of the facility or facilities in question to the covered
				entity.
West Virginia Code of State Rules › Agency 77 - Human Rights Commission › Title 77 - LEGISLATIVE RULE HUMAN RIGHTS COMMISSION › Series 77-10 - Pregnant Workers' Fairness Act › Section 77-10-3 - Examples of Reasonable Accommodations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Reasonable accommodations that may be
				made by a covered entity include, but are not limited to:
3.1.1. Bathroom breaks;
3.1.2. Breaks for increased water
				intake;
3.1.3. Periodic
				rest;
3.1.4. Assistance with manual
				labor;
3.1.5. Providing time off
				for prenatal medical appointments;
3.1.6. Modified work policies or
				procedures;
3.1.7. Temporary
				transfers to less strenuous or less hazardous work;
3.1.8. Allowing for more time or more
				frequent eating;
3.1.9. Allowing
				time for taking prescribed medications; and
3.1.10. Providing access to existing
				facilities that are more convenient and usable by a woman affected by
				pregnancy.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards and procedures for the licensure of child care
				centers under the provisions of W. Va. Code §
									49-2-101,
et
				seq.
, and related federal and state code.
1.2. Authority. -- W. Va. Code §
									49-2-121.
1.3. Filing Date. -- March 30, 2023
1.4. Effective Date. -- April 1,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
1.6. Purpose. -- This rule
				governs the regulation of child care centers in West Virginia.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to any facility maintained by the state or any
				county or municipality of the state, or any agency or facility operated by an
				individual, firm, corporation, association, or organization, public or private,
				for the care of 13 or more children for child care services in any setting if
				the facility is open for more than 30 days per year per child.
2.2. Enforcement. This rule is enforced by
				the Secretary of the Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-4 - Licensing Information and Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Requirements for a License or
				Certificate of Approval.
4.1.a. Before
				establishing or operating a child care center:
4.1.a.1. A center operator and each member of
				the governing body shall verify in writing that he or she has read this rule
				and is responsible for compliance with its requirements;
4.1.a.2. A child care center, other than one
				operated by the state, shall obtain a license from the Secretary; and
4.1.a.3. A child care center operated by the
				state shall obtain a certificate of approval from the Secretary.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-5 - Inspection and Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				An applicant or licensee shall permit the Secretary access to the center to
				conduct announced and unannounced inspections of all aspects of the center's
				operation and premises.
5.2. A
				licensee shall provide all information requested by the Secretary.
5.3. When an inspection or complaint
				investigation finds non-compliance with this rule, the Secretary may require a
				plan of correction.
5.4. The
				Secretary may request the licensee to submit the results of a health
				examination, psychological examination, or drug and alcohol screening result on
				the licensee or any personnel of the center if good cause is found during an
				inspection or investigation.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-6 - Governance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Administrative
				Structure.
6.1.a. General. The Licensee is
				legally accountable for the operation of the center and shall ensure the
				program's compliance with the provisions of W. Va. Code §
										49-2-101
et seq.
and the requirements of this rule. The Licensee shall:
6.1.a.1. Implement a statement of purpose as
				described in this rule; and
6.1.a.2. Develop policies and procedures to
				be kept in an administrative manual as described in this section to guide the
				operation of the center.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-7 - The Child and Family

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Admission,
				Discharge, Basic Rights, and Records.
7.1.a. A
				center shall develop, implement, and maintain an admission policy and procedure
				ensuring that prior to the admission of the child to the center:
7.1.a.1. The parent completes and submits an
				application for child care services;
7.1.a.2. The director or designated staff
				member documents in the child's file, a meeting with the parent to exchange
				information about the center's programs and the specific needs of the child,
				including information about any individual characteristics and personality
				factors that may influence the child's behavior and well-being at the center,
				and any special family considerations that are relevant to child
				care;
7.1.a.3. The center provides
				to the parent a copy of its statement of purpose and discusses it with the
				parent;
7.1.a.4. The center
				provides information about its liability insurance coverage, including
				information regarding coverage or non-coverage of accidents or injuries;
				and,
7.1.a.5. The center informs
				the parent of the details of the agreements to be signed by the parent,
				including, but not limited to, an agreement that:
7.1.a.5.A. The center prohibits corporal
				punishment on its premises and during off-site center activities while the
				child is participating;
7.1.a.5.B.
				The parent has access to the center when his or her child is in attendance;
				and,
7.1.a.5.C. The parent has
				received and discussed a copy of the center's policies on:
7.1.a.5.C.1. Behavior management and the
				reporting of child abuse and neglect;
7.1.a.5.C.2. Immunization, parental
				objections to treatment, the dismissal and re-admittance to the center of the
				child with a communicable illness, procedures for notifying the child's parent
				in advance of its policies on the exclusion and re-admittance of ill children,
				procedures for informing the parent of each child of the exclusion policy, and
				medication administration;
7.1.a.5.C.3. Confidentiality and information
				disclosure;
7.1.a.5.C.4. Meal and
				nutrition policy;
7.1.a.5.C.5.
				Emergency evacuation and sheltering procedures; and
7.1.a.5.C.6. Discharge policies.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-8 - Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. This section
				applies to all center personnel including the private owners, volunteers, and
				parents who receive compensation for their duties or who are used by the center
				to meet staff-to-child ratios.
8.2.
				Persons at a child care center who are not subject to this rule include:
8.2.a. An adult who is in the center for
				brief periods in the normal course of carrying out business or professional
				activities and is not left alone with the children; or
8.2.b. A parent of an enrolled child who is
				at the center only for the purpose of performing parental responsibilities in
				relation to his or her own child.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-9 - Staff Responsibilities and Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Director shall:
9.1.a. Manage the daily operations of the
				center, including administering finances and human resources;
9.1.b. Supervise the teaching staff and the
				daily activities of support staff who provide services to the center and
				conduct a staff meeting at least once a month;
9.1.c. Make curricular decisions and plans
				and supervise all aspects of the children's program;
9.1.d. Communicate with staff members,
				children, parents, and the public;
9.1.e. Communicate with the Department and
				regulatory agencies to ensure compliance with all requirements;
9.1.f. Keep a record of any hours and days he
				or she has regular responsibility for an assigned group of children in a Type I
				or Type II center;
9.1.g. Not have
				regular responsibility for an assigned group of children in a Type III
				center;
9.1.h. Have the following
				qualifications:
9.1.h.1. Be at least 21 years
				of age, provide evidence of at least one year of relevant work experience; and
				have a minimum of a high school diploma or equivalent and;
9.1.h.2. In a Type I center, have a minimum
				of:
9.1.h.2.A. A CDA credential and 300 hours
				of relevant work experience working with young children or 12 college credits
				in an early care and education field and 300 hours of relevant work experience
				working with young children; or
9.1.h.2.B. A total of 10 years of relevant
				work experience.
9.1.h.3. In a Type II center, have a minimum
				of:
9.1.h.3.A. A registered Apprenticeship
				Certificate for Child Development Specialist;
9.1.h.3.B. Passed 28 college credits, with at
				least nine credit hours in early childhood development; or
9.1.h.3.C. At least 15 years of relevant work
				experience.
9.1.h.4. In
				a Type III center, have a minimum of:
9.1.h.4.A. An associate degree in early care
				and education;
9.1.h.4.B. A
				bachelor's or associate degree in a related field with 12 credit hours in early
				childhood development or early childhood education and 90 practicum contact
				hours in the field of early childhood;
9.1.h.4.C. A bachelor's degree in a related
				field and a total of two years of relevant work experience; or
9.1.h.4.D. A degree in a business,
				management, or administration field with 12 credit hours in early childhood
				development or early childhood education and 300 hours of work experience with
				young children.
9.1.i. Designate a person-in-charge to
				perform the duties of the director during all hours of operation when the
				director is not present at the center. The person-in-charge shall be a
				qualified staff member with a minimum qualification of teacher.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-10 - Supervision of Children in Groups

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A center shall ensure that:
10.1.a. The children have adequate
				supervision at all times;
10.1.b.
				Staff members are awake and performing their duties during work
				hours;
10.1.c. When a play area is
				used that is accessible to the public, the boundaries of the play area are
				clearly marked and known to the children;
10.1.d. The children remain in areas approved
				for daily program activities and do not go into other areas including the
				kitchen, unless it is part of the planned, supervised experience; and
10.1.e. Children are accompanied by staff
				when utilizing public restroom or restrooms at the center that the general
				public is permitted to use.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-11 - Supervision of the Individual Child

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Guidance, Behavior Management, and
				Discipline. A center shall:
11.1.a. Develop,
				implement, and maintain policies and procedures for behavior management that
				include the prohibitions described in subsection 11.4. of this rule;
11.1.b. Ensure that the guidance, behavior
				management, and discipline practices are constructive and educational in
				nature, appropriate to each child's age and circumstances, and in keeping with
				the center's policies and procedures;
11.1.c. Ensure that staff members are aware
				of behavior issues relating to an individual child, and treat behavior problems
				individually and in private;
11.1.d. Delegate behavior management to
				qualified staff members who have an ongoing relationship with a child;
				and
11.1.e. Ensure that when it
				appears that a child is developing a pattern of unacceptable behavior, the
				staff member with the delegated responsibility for the child discusses the
				child's behavior in private with the director and informs the child's
				parents.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-12 - Space Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Licensed Capacity. A center shall ensure that at all times the maximum number
				of children participating in activities on or off the premises does not exceed
				the licensed capacity determined by the separately computed area of indoor
				space, outdoor space, and bathroom facilities, not to exceed the lowest number
				of the three computations. Personnel and group size may be factored into the
				maximum capacity for certain age groups.
12.2. Indoor Space.
12.2.a. A center shall provide a minimum of
				35 square feet per child of usable indoor space that is approved by the
				Secretary for daily program activities. A center shall make the rooms and areas
				of the center that are not approved for a child's use inaccessible to the
				children.
12.2.b. Indoor space for
				daily program activities does not include any space that is not available for a
				child's activities including space occupied by columns, vestibules, and
				corridors; fire escapes; areas used exclusively for eating; areas used
				exclusively for napping; bathrooms; staff lounges; adult work areas including
				offices, laundry, and furnace rooms; kitchens; permanently equipped isolation
				areas; storage spaces, and areas occupied by furniture except for areas that
				have:
12.2.b.1. Children's chairs and
				tables;
12.2.b.2. Adult sized
				comfortable chairs or a couch;
12.2.b.3. Moveable play equipment and shelves
				for children's activities; or
12.2.b.4. A surface for changing
				diapers.
12.2.b.5. For centers that
				have a separate and distinct designated activity area for children under 12
				months of age, cribs may be considered part of that useable indoor space,
				provided that no more than 30 percent of the useable space is occupied by
				cribs.
12.2.c. A center
				shall not provide activity space in a basement area unless the basement area is
				approved by the State Fire Marshal.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-13 - Furnishings, Equipment and Materials

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. General Requirements. A center shall
				provide furnishings, equipment, and materials that:
13.1.a. Are available in sufficient quantity
				for the number of children;
13.1.b.
				Are appropriate in type, arrangement, and use for the developmental needs of
				the children;
13.1.c. Are durable
				and safe;
13.1.d. Are in good
				repair and free of sharp points or corners, pinch or crush points, splinters,
				protruding nails or bolts, loose rusty parts, hazardous small parts that may be
				swallowed, and identified poisons or paint that contains lead, and are
				regularly inspected by staff for potential hazards;
13.1.e. Are regularly cleaned and
				disinfected;
13.1.f. Are evaluated
				at regular intervals by the director and teacher to ensure their ongoing
				appropriateness for the age and number of children; and
13.1.g. Support the children's linguistic and
				intellectual development, and assist in providing for their physical,
				emotional, psychological, social, and personal needs.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-14 - Program

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. For each
				program offered and for each group of children, a center shall prepare and
				follow a written daily schedule that:
14.1.a.
				Reflects the goals and objectives set out in the statement of
				purpose;
14.1.b. Is based on
				knowledge of child development and learning, and on the needs of the enrolled
				children;
14.1.c. When necessary to
				accommodate the needs of a child, follows a written individualized plan,
				developed with advice from a variety of professional sources, including, but
				not limited to, an early intervention specialist or a licensed health care
				provider; and
14.1.d. Is posted in
				clear, public view and in each designated activity area for each group of
				children.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-15 - Health

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Child
				Immunization Records.
15.1.a. Upon
				admittance, a center shall have on file a record of a child's immunizations or
				a plan for completion signed by the child's licensed health care provider. For
				children experiencing homelessness and children in foster care, a grace period
				to complete the immunization will be based on the individual circumstances of
				the child; and
15.1.b. Exemption
				from immunization requirements shall be available for parents who provide a
				signed statement from the child's licensed health care provider indicating that
				immunization is contraindicated based on the child's medical
				condition.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-16 - Nutrition and Food

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. A center
				shall have a nutrition program that provides children with meals and snacks
				that are consistent with the United States Department of Agriculture's (USDA)
				Child and Adult Care Food Program (CACFP), Meal and Snack Patterns (Appendix
				78-1-C).
16.2. Special Dietary
				Needs. When planning meals and snacks a center shall:
16.2.a. Consider information provided by the
				parent or a licensed health care provider about a child's special dietary
				needs, including special needs because of a medical condition, allergy, or
				religious prohibition;
16.2.b.
				Obtain a written care plan from the parent stating any foods to be avoided, any
				foods to be substituted, and any need for special utensils; and
16.2.c. Keep information about the child's
				special dietary needs in a location that is accessible to staff who prepare and
				serve food, while protecting a child's right to confidentiality.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-17 - Sanitation

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Personal
				Hygiene. All individuals on the center premises or participating in center
				activities shall practice good personal hygiene, including:
17.1.a. Hand Washing.
17.1.a.1. Staff members shall wash their
				hands before starting work; and
17.1.a.2. Staff members and children shall
				wash their hands with soap and warm, running water for at least 20 seconds:
17.1.a.2.A. When hands are contaminated with
				body fluids;
17.1.a.2.B. Before
				preparing, handling, or serving food, or setting the table;
17.1.a.2.C. After toileting, handling
				diapers, or assisting a child with toilet use;
17.1.a.2.D. Before and after eating meals or
				snacks;
17.1.a.2.E. After handling
				pets or other animals;
17.1.a.2.F.
				Before giving medication;
17.1.a.2.G. After playing outdoors;
17.1.a.2.H. After handling garbage;
				and
17.1.a.2.I. After removing
				gloves used for any purpose.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-18 - Animals

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. A center
				shall ensure that animals on the premises show no signs of disease or
				illness.
18.2. The center shall
				maintain documentation of current vaccinations on all dogs and cats.
18.3. A center shall not have on the premises
				ferrets, birds, reptiles, including snakes, lizards, and turtles, or any wild
				or dangerous animals.
18.4. A
				center shall ensure that a staff member is always present when a child is with
				an animal.
18.5. A center shall
				inform the child's parent in advance of the presence of animals at the
				center.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-19 - Safety and Emergency Operating Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. A center shall develop, implement, and
				maintain attendance policies and procedures to ensure that it has a current and
				updated written record of the first and last name of each child who is
				participating in center activities, onsite and offsite, and who is being
				transported in a vehicle provided by the center.
19.2. Daily Attendance Sign-In and Sign Out.
19.2.a. A center shall ensure that the
				responsible person bringing the child to the center signs the child in as the
				child arrives and that the responsible person picking up the child signs the
				child out as the child departs the center.
19.2.b. A center shall require the following
				sign-in and sign-out information:
19.2.b.1.
				Arrival time including the date and time;
19.2.b.2. Departure time including the date
				and time;
19.2.b.3. The name and
				signature of the responsible person who drops off the child; and
19.2.b.4. The name and signature of the
				responsible person who picks up the child.
19.2.c. A center shall have an attendance
				procedure for notifying the parent when a school-age child does not arrive as
				scheduled.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-20 - Environmental Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. A center
				shall take all necessary precautions to ensure an accident-free and smoke-free
				environment for the children, staff members and visitors to the center.
20.1.a. Smoking and tobacco product use by
				anyone is prohibited on the premises and everywhere in the presence of
				children.
20.1.b. Smoking is
				prohibited anytime in vehicles operated by the center, even in the absence of
				children.
20.1.c. All tobacco
				products, lighters, and matches shall be kept out of the children's reach and
				sight.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-21 - Pest Management

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A
				center shall document that it has an integrated pest management program as
				required by the WV Department of Agriculture.
21.2. A center shall provide for insect and
				rodent control that does not compromise the safety of children.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-22 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
When providing transportation, a center shall ensure
				  that:
22.1. The vehicle used is
				currently licensed, inspected, insured, and is equipped with signs and warning
				lights or alternative warning devices as required by W. Va. Code §
									17C-12-7a;
22.2. Any vehicle used for transportation
				that has a capacity that exceeds 10 passengers shall be a school bus or
				multifunction school activity bus equipped with passenger safety restraints
				appropriate to the children being transported. Provided no school bus shall be
				operated that has aftermarket installed seat belts without certification from
				the installer that the school bus seat was seat belt ready prior to the
				installation and that the bus continues to meet federal safety standards for
				school buses after the installation;
22.3. The driver holds a current driver's
				license for the type of vehicle being driven;
22.4. The driver or a qualified staff member
				ensures that each child is in an approved child safety restraint system
				appropriate to the age and size of the child;
22.5. The vehicle is equipped with emergency
				supplies, including a first-aid kit, fire extinguisher, and, if only one adult
				is in the vehicle, a mobile telephone or two-way radio;
22.6. When the center owns the vehicle,
				identifying information is placed on the outside of the vehicle, which can be
				read by a pedestrian or other passing vehicle, that includes the name, address,
				and telephone number of the center; and
22.7. When the center owns the vehicle, a
				weekly safety check is conducted and recorded. The safety check shall include
				vehicle tire pressure, headlights, windshield wipers, emergency flashers, brake
				lights, turn signals, first aid kit, gas gauge, oil, and other
				fluids.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-23 - School-Age Program

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				Centers which operate school-age programs shall comply with previous sections
				of this rule except as follows:
23.2. Training.
23.2.a. Prior to working with children, staff
				in a summer recreation camp or day camp shall have:
23.2.a.1. Current pediatric CPR
				certification;
23.2.a.2. Current
				child first aid training;
23.2.a.3.
				Training in child abuse recognition and prevention;
23.2.a.4. Approved training in medication
				administration if applicable;
23.2.a.5. Training in guidance and
				discipline, behavior management, and conflict resolution related to the age of
				children in care; and
23.2.a.6. An
				additional four hours of instructional training related to camp
				responsibilities.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › Section 78-1-24 - Enforcement Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary may revoke or make a license provisional, or
				  issue an order of closure to a Child Care Center in accordance with W. Va. Code
				  49-2-101, et seq.