reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-6 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				General. -- Any applicant denied the Certified Arts Community
				Designation under the provisions of this rule may appeal to the
				Commission by writing to the Director of Arts, requesting that the
				application be reconsidered. The letter of appeal must be received no
				later than sixty days after notice of denial.
6.2. Limited Consideration. --
				Appeals will be considered only if the applicant can document
				specific examples that demonstrate that the application was
				misrepresented or improperly reviewed.
6.3. Appeal Process. -- The
				Director of Arts will review the letter of appeal and submit it with
				the original application to the Commission for consideration at their
				next regular meeting. The Commission will review the appeal and act
				on it during that meeting. The Director of Arts shall notify the
				applicant within ten days of the decision of the
				Commission.
6.4. New
				Materials and New Requests. -- If an applicant appeals a denial and
				submits new material to the designation that is the subject of the
				appeal, the request will be treated as a new application. New
				applications will be reviewed in the next grant cycle.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-7 - Entitlements of the Designation as a West Virginia Certified Arts Community

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A community approved by the
				WVCA to receive the designation of Certified Arts Community will be
				eligible to display banners, signs and other promotional devices to
				announce the designation.
7.2. The design and content of the
				banners, signs and other promotional devices will be approved by the
				WV Division of Culture and History and will include the logo of the
				Division.
7.3. The cost
				of the banners, signs or other promotional devices will be borne by
				the community receiving the designation and not by the WV Division of
				Culture and History or funds under the discretion of the WV
				Commission on the Arts.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-10 - West Virginia Certified Arts Community Designation › Section 82-10-8 - Evaluation and De-certification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A Certified Arts Community may
				be evaluated by the WV Commission on the Arts at any time, three
				years after the effective date of certification.
8.2. If the evaluation conducted
				finds that the Certified Arts Community no longer meets the
				previously stated criteria, or if actions by the community have not
				supported the criteria, the Commission may choose to de-certify the
				community, which would remove all entitlements previously received as
				a Certified Arts Community.
SUMMARY OF PROPOSED RULE
STATEMENT OF CIRCUMSTANCES
TITLE 82 SERIES 10
West Virginia Certified Arts Community
				  Designation
This Procedural Rule provides the administrative
				  procedures and requirements for application by a city, town, county
				  or other civil jurisdiction for designation as a "Certified Arts
				  Community" under West Virginia Commission on the Arts' West Virginia
				  Certified Arts Community Program.
The purpose of the designation is to recognize
				  communities that have realized the benefits of cooperation between
				  arts and humanities groups, business leaders and jurisdictional
				  agencies. This designation will be offered to towns, cities, counties
				  that can qualify by application, satisfaction of eligibility and
				  review criteria and documentation that the governing body of the
				  community, city or county, has adopted a resolution indicating
				  recognition of the importance of the arts to economic development,
				  educational quality, and civic involvement.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-11 - West Virginia Historic Preservation Community Designation › Section 82-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This Procedural Rule provides the administrative procedures
				and requirements for application by a city, town, county or other
				civil jurisdiction for designation as a "Certified Historic
				Preservation Community" under West Virginia Archives and History
				Commission, West Virginia Certified Historic Preservation Community
				Program.
1.2. Authority.
				-- W. Va. Code §
									29-1-5.
1.3. Filing Date. -- October 21,
				2005.
1.4. Effective
				Date. -- November 21, 2005.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-11 - West Virginia Historic Preservation Community Designation › Section 82-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Commission" means West Virginia Archives and History Commission
				established by W. Va. Code §
									29-1-5.
2.2. "Director of Historic
				Preservation Section and Staff" as established by W. Va. Code §
									29-1-8.
2.3. "Preservation community" means
				that city, town, county or other civil jurisdiction making
				application to the program.
2.4. "required attachments" means
				letters of support, resolutions of governing authorities, and other
				documentation of fulfillment of qualification under Eligibility
				Requirements §
									82-11-3
				(below).
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-11 - West Virginia Historic Preservation Community Designation › Section 82-11-3 - Eligibility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
Organizations eligible for review must be able to
				  meet the following requirements by the application deadline:
3.1. An applicant must be one of
				the following:
3.1.1. An agency of
				municipal government, county government, or other civil
				jurisdiction.
3.1.2. A
				not-for profit, tax-exempt West Virginia corporation as defined in
				501(c)(3) and 501 (c)(4) of the Federal Internal Revenue Code of 1954
				and as designated in compliance with §170 of that code at the
				time of application and prior to the release of funds.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-11 - West Virginia Historic Preservation Community Designation › Section 82-11-5 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				General. Any applicant denied the Certified Historic Preservation
				Community Designation under the provisions of this rule may appeal to
				the Commission by writing to the Director of Historic Preservation,
				requesting that the application be reconsidered. The letter of appeal
				must be received no later than sixty days after notice of
				denial.
5.2. Limited
				Consideration. Appeals will be considered only if the applicant can
				document specific examples that demonstrate that the application was
				misinterpreted or improperly reviewed.
5.3. Appeal Process. The Director
				of Historic Preservation will review the letter of appeal and submit
				it with the original application to the Commission for consideration
				at their next regular meeting. The Commission will review the appeal
				and act on it during that meeting. The Director of Historic
				Preservation shall notify the applicant within ten days of the
				decision of the Commission.
5.4. New Materials and New
				Requests. If an applicant appeals a denial and submits new material
				or adds new purposes to the project which is the subject of the
				appeal, the request will be treated as a new application. New
				applications will be reviewed in the next regularly scheduled
				Commission meeting.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-11 - West Virginia Historic Preservation Community Designation › Section 82-11-6 - Entitlements of the Designation as a West Virginia Certified Historic Preservation Community

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A community approved by the
				Commission to receive the designation of Certified Historic
				Preservation Community will be eligible to display banners, signs and
				other promotional devices to announce the designation.
6.2. The design and content of the
				banners, signs and other promotional devices will be approved by the
				WV Division of Culture and History and will include the logo of the
				Division.
6.3. The cost
				of the banners, signs or other promotional devices will be borne by
				the community receiving the designation and not by the WV Division of
				Culture and History or funds under the discretion of the WV Archives
				and History Commission, unless such funds are dedicated.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-11 - West Virginia Historic Preservation Community Designation › Section 82-11-7 - Evaluation and Decertification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Certified Historic
				Preservation communities may be evaluated by the WV Archives and
				History Commission at any time after the effective date of
				certification.
7.2. If
				the evaluation conducted finds that the Certified Historic
				Preservation Community no longer meets the previously stated
				criteria, or if actions by the community have not supported the
				criteria, the Commission may choose to de-certify the community,
				which would remove all entitlements previously received as a
				Certified Historic Preservation Community. Upon the decision of the
				Commission, the Director of the Historic Preservation Section will
				notify the Certified Historic Preservation of its decertification,
				within fourteen days of the Commission's decision.
7.3. A Certified Historic
				Preservation Community which has been decertified may submit a new
				application. The application will be reviewed as stated in section
				§
									82-11-4.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These regulations establish
						rules for the interpretation of the West Virginia Unemployment Compensation Law.
						Also, these regulations set forth certain procedure for the implementation of the
						Law.
1.2. Authority. -- W. Va. Code
						'21A.
1.3. Filing Date. -- April 4,
						1991.
1.4. Effective Date. -- May 1,
						1991.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-2 - Contributions by Employers

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Contribution
						shall become due and payable quarterly on the last day of the month next
						following the quarter for which contributions have accrued. "Quarter" means the
						calendar quarter ending March 31, June 30, September 30 and December 31.
						Contributions shall include contributions with respect to wages paid for
						employment within the quarter.
2.2.
						Upon the written request of an employer filed with the Commissioner on or before
						the due date of any required payment, the Commissioner, for good cause shown, may
						grant, in writing, an extension of time for making such payment, but no extension
						shall exceed thirty (30) days. In case an employer who has been granted an
						extension to make a required payment fails to make such payment on or before the
						termination of the period of such extension, interest shall be payable from the
						original due date as if no extension had been granted.
2.3. The first contribution payment of any
						employer who becomes liable for contributions in any year because of employment
						performed for him within such year, or wages paid, or as the result of voluntary
						election to become a covered employer, shall become due and be payable on the
						last day of the month next following that quarter wherein liability was incurred
						or voluntary election was approved. The first payment of such an employer
						becoming liable in the course of a calendar year shall include contributions with
						respect to all wages paid for employment from the first day of the calendar
						year.
2.4. The Commissioner may, by
						special rule, assign to a newly subject employer due dates permitting the payment
						of his first contribution in installments, but the last installment shall be due
						not later than the fifteenth day preceding the last day for filing tax returns as
						required under chapter twenty-three of the Internal Revenue Code. If the amount
						of any such installment for which any due date is assigned is not paid on or
						before such date, the total amount of the unpaid contribution shall become due
						and payable upon notice and demand by the Commissioner.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-3 - Payments in Lieu of Contributions by Reimbursement Employers

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Reimbursement payments by nonprofit
						organization (or group of organizations) and political subdivisions of the State
						of West Virginia.
Any political subdivision of the State of West Virginia; or
							nonprofit organization (or group of organizations) which has elected to make
							reimbursement payments in lieu of contributions shall make such payments to the
							fund in the following manner, which provision shall also be applicable to
							political subdivisions which elect coverage.
At the close of each calendar quarter, the Commissioner will
							advise each reimbursement employer by means of prescribed forms furnished by the
							West Virginia Division of Employment Security of the total benefits paid to
							individuals having base period wages from this employer. These forms will list
							such individuals by social security number and name, the amount of benefits paid
							to each individual, the employer's share of the total benefits paid, and the
							amount of reimbursement due and payable by the employer.
Payment for reimbursement shall be made by the employer in its
							entirety not later than thirty days after such statement was mailed to the last
							known address of the nonprofit organization or political subdivision or was
							otherwise delivered to it. There is no provision for the noncharging of benefits
							to an employer who elects to make reimbursement payments in lieu of
							contributions.
3.2. Past due
						payments in lieu of contributions.
Past due payments of amounts in lieu of contributions shall be
							subject to the same interest and penalties that pursuant to section seventeen,
							article five and the provisions of article ten, chapter twenty-one-a, apply to
							past due contributions. Unpaid amounts in lieu of contributions shall be subject
							to the same assessment and civil action provisions of chapter twenty-one-a as
							apply to unpaid contributions.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-4 - Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Article five, section seventeen, of the
						Law provides that "Payments unpaid on the date on which due and payable, as
						prescribed by the Commissioner, shall bear interest at the rate of one percent
						(1%) per month until payment plus accrued interest is received by the
						Commissioner." The Commissioner accordingly prescribes:
Interest prescribed by law on overdue contribution payments
							shall be computed from the day following the due date to and including the date
							paid. Interest due shall be computed at the rate of one thirtieth (1/30) of one
							percent (1%) for each day that contribution payments are
							overdue.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-5 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
Article ten, section four, as amended, provides that "An employing unit shall keep true and accurate work records containing such information as the Commissioner may prescribe." The Commissioner accordingly prescribes:
5.1. Each employing unit
						shall keep payroll records for a period of not less than five (5) years which
						shall show:
(A) The period covered by the
						payroll.
(B) The place of employment
						within the state (see section 5.2).
(C) The scheduled hours per day or week.
For each individual worker and each payroll period, the payroll
							records shall show:
(D) His
						social security account number.
(E)
						His name.
(F) His wages for
						employment under the law.
(G) The
						date on which he was hired, rehired or returned to work after temporary
						layoff.
(H) The date when work was
						terminated by layoff, quitting, discharge or death.
(I) His money wages in each week and his total
						wages for all periods ending in each calendar quarter, showing separately (a)
						money wages, (b) the cash value of other remuneration and (c) any special
						payments for services other than those rendered exclusively in a given quarter,
						such as annual bonuses, gifts, prizes, etc., showing separately (a) money
						payments (b) other remuneration, and the nature of said payments.
(J) Cause of any separation or
						layoff.
(K) If worker is on a
						variable pay basis, the hours worked, and wages earned, in each week.
(L) The cause of all lost time for each
						individual in each week.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-6 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
Article ten, section eleven, of the Law, provides that the Commissioner may require an employing unit to provide sworn or unsworn reports concerning:
(A) The number of individuals
						in its employ.
(B) Individually their
						hours of labor.
(C) Individually the
						rate and amount of wages.
(D) Such
						other information as is reasonably connected with the administration of this
						chapter.
The Commissioner accordingly prescribes:
6.1. Each contributing and reimbursement
						employer shall report quarterly on or before the last day of the month next
						following the calendar quarter for which contributions have accrued, on forms to
						be prescribed by the Commissioner:
(A) The
						unemployment compensation registration number of the employer, his name and the
						address at which payroll records are maintained.
(B) The social security account number and name
						of each worker.
(C) Contributing
						employers shall report the total wages, taxable and nontaxable, paid within the
						quarter for employment, which includes money wages and the cash value of other
						remuneration.
(D) Such other
						information as may be prescribed on the form.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-8 - Voluntary Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A voluntary
						payment made in accordance with section four-a, article five of the Unemployment
						Compensation Law, as amended, in order to be used in the computation of the rate
						for an employer for any particular calendar year, must be mailed within thirty
						(30) days from the date of mailing by the Division to the employer of his rate
						statement for such calendar year. The Commissioner may grant a thirty-day
						extension for the submission of such voluntary payment; provided that such
						request must be post-marked by the last date on which to submit the voluntary
						payment. Such payment must be made by separate check or the equivalent
						accompanied by transmittal letter particularly designating that it is for the
						purpose of a voluntary payment under said section four-a, and that it is for the
						purpose of producing a rate to be designated in such letter. If an employer has
						made such a voluntary payment and through error in his computation the payment is
						not sufficient to produce the designated rate he may with the approval of the
						Commissioner make an additional payment within ten (10) days from the mailing
						date of the rate as recomputed so as to include the voluntary payment. In order
						to produce the designated rate his rate will be recomputed including such
						additional payment in the final computation.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-9 - Use of Credits in Rate Computation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
						Adjusted credits and adjusted benefit charges resulting from administrative
						audits or decisions of the Commissioner made under section seventeen of these
						regulations involving benefits paid for weeks ending prior to July 1 of any
						calendar year shall be taken into consideration in the final determination of the
						contribution rate for the succeeding calendar year:
Provided,
That
						the adjustment is made not later than June 30.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-10 - Submittal of Separation Information by Employing Units

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Each employing unit upon receipt of a
						notice of a claim filed or a request for separation information is required to
						give the information requested on the form and mail or deliver it to the local
						office where the claim was filed, or as otherwise directed by the Commissioner,
						so that it will reach the Division of Employment Security local office no later
						than the fourth calendar day after the day the notice was delivered or mailed to
						the employing unit. If the separation or other information needed is not returned
						within the specified time, the claim will be paid if the the claimant is
						otherwise eligible and not otherwise disqualified.
10.2. Upon special request from the
						Commissioner or one (1) of his deputies for a notice of separation covering any
						worker, an employing unit shall, within forty-eight (48) hours following the
						receipt of such request, completely fill out such notice and return it to the
						address specified in the request.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-11 - Employer's Report of Low Earnings

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In any week
						in which an employee is partially unemployed, each employing unit is required to
						deliver to such employee on or before the pay day for the week in which the low
						earnings occurred, or mail to his last known address if delivery is impossible or
						impracticable or if requested by a claimant upon the claimant's showing good
						cause for such request, a report of low earnings on a prescribed form furnished
						by the West Virginia Division of Employment Security. Such form shall set forth:
(a) The employee's name and social security
						number,
(b) the employer's name,
						address and account number,
(c) the
						week ending date,
(d) the earnings
						during the week,
(e) any pertinent
						information regarding claimant's eligibility, and
(f) such other information as required by such
						form. An employee is to be assumed to be partially unemployed in any week in
						which, by reason of a reduction in hours worked resulting solely from lack of
						work, his earnings for the week are less than his weekly benefit amount plus
						twenty-five dollars ($25.00). Such form shall not be given to any worker in any
						week during which the worker has earned in excess of his weekly benefit amount
						plus twenty-five dollars ($25.00).
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-12 - Labor Management Dispute Claims

Current through Register Vol. XLI, No. 28, July 12, 2024
A. Any individual
						initially claiming benefits during a labor-management dispute within which he is
						involved shall:
(1) report to the local
						unemployment compensation office nearest his place of residence;
(2) file an application for benefits on a
						prescribed form furnished by the West Virginia Division of Employment Security.
						Individuals involved in labor disputes shall be considered as registered for work
						when they file an initial claim for benefits.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-14 - Forms Prescribed for Recording Claims for Benefits

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
						New or additional claims for total unemployment shall be made on prescribed forms
						furnished by the West Virginia Division of Employment Security, setting forth (a)
						that the individual claims benefits, (b) that he has registered for work, (c)
						such other information as is required thereby.
14.2. When an initial claim in a benefit year
						is for benefits for partial unemployment, a prescribed form furnished by the West
						Virginia Division of Employment Security shall be completed. This is for the
						purpose of furnishing the claimant, employer, and local office with the
						determination.
14.3. Continued claims
						for benefits for total unemployment shall be made on a prescribed form furnished
						by the West Virginia Division of Employment Security and shall constitute the
						individual's claim for benefits or waiting-period credit. This certification on
						the prescribed form includes, but is not limited to, the following eligibility
						provisions, determining that the individual:
(A)
						Has registered for work and claims benefits.
(B) Was unemployed, able and available for
						full-time work and was seeking full-time work.
(C) Has not refused a suitable job offered him
						and did not fail to apply for any suitable job to which he was referred by an
						employment service office.
(D) Has
						reported all work performed and wages earned.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-15 - Disqualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. If the benefit year ends during a period
						of disqualification, the weeks of disqualification extending into the new benefit
						year shall be charged at the individual's weekly benefit rate for such new
						benefit year.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-16 - Benefits for Individuals Who Had Some Earnings and Performed Some Services During Calendar Week

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Immediately
						following date of delivery of the low earnings report to an individual by his
						employer, the said individual may file a claim for benefits either by mail or in
						person, depending upon the circumstances. If the individual is filing for one (1)
						week only of such unemployment and he has returned to work, he may file his claim
						for benefits by mail. If the individual has returned to work when the employer
						delivers the low earnings report to him, the said individual may file a claim for
						benefits by mail, irrespective of the number of weeks for which the individual is
						filing. If said claim for benefits is filed by mail the claimant shall complete
						the claim form made part of his low earnings report, and shall mail it to the
						local unemployment compensation claims office to which he would normally report.
						However, if the individual has not returned to work when the low earnings report
						is delivered to him and is filing for more than one (1) week of such
						unemployment, the claimant shall file his claim for said benefits by reporting,
						in person, to the local unemployment compensation claims office or itinerant
						point which services the area in which the claimant lives and/or works, and
						presenting his low earnings report for payment. Claimants filing under
						requirements outlined above shall then be paid benefits for such unemployment in
						accordance with the provisions as set forth in Article six, section eleven, of
						the West Virginia Unemployment Compensation Law.
16.2. Within ten (10) days following date of
						delivery of the low earnings report to the individual, a said claim shall be
						filed under requirements set forth in section 16.1 above. The filing date of a
						claim filed by mail will be the postmark date on the envelope in which the claim
						is received. If good cause be shown for failure to file a claim for benefits
						within the period outlined above, then an individual may file his claim for
						benefits within ten (10) days after being appropriately notified of his potential
						rights to benefits under the benefit provisions of the West Virginia Unemployment
						Compensation Law: Provided, however, That such filing will not be permitted after
						a thirteen (13) week period subsequent to the end of the benefit year during
						which such period of unemployment occurred.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-18 - Benefits Erroneously Received

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Whenever it
						is found that a claimant has received benefits erroneously and has been charged
						with an overpayment, no further cash payment of benefits shall be made to such a
						claimant until the total amount of overpayment has been reimbursed or otherwise
						liquidated to the satisfaction of the Commissioner. Any benefits which may become
						due any individual against whom an erroneous payment is outstanding shall be
						first used to reduce the amount of the erroneous payment.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-19 - Payment of Benefits to Interstate Claimants

Current through Register Vol. XLI, No. 28, July 12, 2024
The following regulation shall govern the West Virginia Division of Employment Security in its administrative cooperation with other states adopting a similar regulation for the payment of benefits to interstate claimants.
19.1. Definitions.
As used in this regulation, unless the context clearly requires
							otherwise:
(A) "Interstate Benefit
						Payment Plan" means the plan approved by the interstate conference of employment
						security agencies under which benefits shall be payable to unemployed individuals
						absent from the state (or states) in which benefit credits have been
						accumulated.
(B) "Interstate
						Claimant" means an individual who claims benefits under the unemployment
						insurance law of one (1) or more liable states through the facilities of an agent
						state. The term "Interstate Claimant" shall not include any individual who
						customarily commutes from a residence in an agent state to work in a liable state
						unless the West Virginia Division of Employment Security finds that this
						exclusion would create undue hardship on such claimants in specified
						areas.
(C) "State" includes the
						District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin
						Islands.
(D) "Agent state" means any
						state in which an individual files a claim for benefits from another
						state.
(E) "Liable state" means any
						state against which an individual files, through another state, a claim for
						benefits.
(F) "Benefits" means the
						compensation payable to an individual, with respect to his unemployment, under
						the unemployment insurance law of any state.
(G) "Week of unemployment" includes any week of
						unemployment as defined in the law of the liable state from which benefits with
						respect to such week are claimed.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-20 - Combining Wage Credits Under the Interstate Arrangement for Combining Employment andWages

Current through Register Vol. XLI, No. 28, July 12, 2024
The following regulation shall govern the West Virginia Division of Employment Security in its administrative cooperation with other states subscribing to the Interstate Arrangement for Combining Employment and Wages. The terms "paying state" and "transferring state" used herein shall apply to this state where appropriate.
20.1.
						Definitions.
(A) State.
State includes all the states of the United States of America,
							the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin
							Islands.
(B) State agency.
The agency which administers the Unemployment Compensation Law
							of a state.
(C) Combined-wage
						claim.
A claim filed under this arrangement.
(D) Combined-wage claimant.
A claimant who has covered wages under the Unemployment
							Compensation Law of more than one (1) state and who has filed a claim under this
							arrangement.
(E) Paying state.
(1) The paying state is the state in which a
						combined-wage claimant files a combined-wage claim, if the claimant qualifies for
						unemployment benefits in that state on the basis of combined employment and
						wages.
(2) If the state in which a
						combined wage claimant files a combined wage claim is not the paying state under
						the criteria set forth in subparagraph (1) of this subsection, then the paying
						state shall be that state where the combined wage claimant was last employed in
						covered employment among the states in which the claimant qualifies for
						unemployment benefits on the basis of combined employment and wages.
(F) Transferring state.
A state in which a combined-wage claimant had covered
							employment and wages in the base period of a paying state, and which transfers
							such employment and wages to the paying state for its use in determining the
							benefit rights of such claimant under its law.
(G) Employment and wages.
"Employment" refers to all services which are covered under the
							Unemployment Compensation Law of a state, whether expressed in terms of weeks of
							work or otherwise. "Wages" refers to all remuneration for such
							employment.
(H) Secretary.
The secretary of labor of the United States.
(I) Base period and benefit year.
The base period and benefit year applicable under the
							Unemployment Compensation Law of the paying state.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-21 - Interstate Reciprocal Coverage Arrangement

Current through Register Vol. XLI, No. 28, July 12, 2024
The following regulations shall govern the West Virginia Division of Employment Security in its administrative cooperation with other states subscribing to the Interstate Reciprocal Coverage Arrangement, hereinafter referred to as "The Arrangement."
21.1.
						Definitions. As used in this regulation, unless the context clearly indicates
						otherwise:
(A) "Jurisdiction" means any state of
						the United States, the District of Columbia, the Commonwealth of Puerto Rico, the
						U.S. Virgin Islands, or with respect to the Federal Government, the coverage of
						any Federal Unemployment Compensation Law.
(B) "Participating Jurisdiction" means a
						jurisdiction whose administrative agency has subscribed to the arrangement and
						whose adherence thereto has not terminated.
(C) "Agency" means any officer, board,
						commission or other authority charged with the administration of the Unemployment
						Compensation Law of a participating jurisdiction.
(D) "Interested Jurisdiction" means any
						participating jurisdiction to which an election submitted under this regulation
						is sent for its approval and "Interested Agency" means the agency of such
						jurisdiction.
(E) "Services
						customarily performed by an individual in more than one (1) jurisdiction" means
						services performed in more than one (1) jurisdiction during a reasonable period,
						if the nature of the services gives reasonable assurance that they will continue
						to be performed in more than one (1) jurisdiction or if such services are
						required or expected to be performed in more than one (1) jurisdiction under the
						election.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-22 - Destruction of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
The following regulation is hereby approved to govern the destruction of records, reports, transcripts, computer maintained records, or reproductions thereof, and other papers of the Division of Employment Security, as provided in the West Virginia Unemployment Compensation Law, section four, article ten, chapter twenty-one-a.
22.1.
						Claim folders and contents, including initial claims, initial claim determination
						and deputy's decisions, base period wage transcripts, low earnings reports,
						deputy's decisions, correspondence and other related documents, may be declared
						obsolete and destroyed at the expiration of three (3) years after the benefit
						year ending date of each claim:
Provided, however,
That no record of
						a claim shall be destroyed until all matters pertaining thereto have been fully
						and finally completed.
22.2.
						Employer's quarterly wage reports may be destroyed five (5) years after the
						quarter to which they relate.
22.3.
						Continued claims and pay order cards may be destroyed three (3) years after the
						end of the benefit year in which the continued claims were filed.
22.4. Benefit payment checks may be destroyed
						at any time after the expiration of two (2) years and sixty (60) days after the
						date of each check.
22.5. Employer
						reports and correspondence may be destroyed after five (5) years have elapsed
						from the end of the calendar year to which they relate:
Provided,
						however,
That all audit issues have been resolved.
22.6. Carbon copies and other forms of
						duplicate copies, incidental records, reports, correspondence and other papers of
						minor or incidental importance, may be destroyed upon order from the
						Commissioner.
22.7. Computer
						maintained records including magnetic tapes, disk files or input documents
						containing initial claims, initial claim determinations, low earnings, deputy's
						decisions, continued claims, payorders, benefit checks may be destroyed at the
						expiration of three (3) years after the end of the benefit year;
Provided,
that no record of claim is destroyed until all matters
						pertaining to the claim have been fully and finally completed.
22.8. Computer maintained records including
						magnetic tapes, disk files or input documents containing employee wages
						(quarterly wage reports) may be purged and destroyed five (5) years after the
						quarter to which they relate.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-23 - Establishment, Maintenance and Dissolution of Joint Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Two (2) or more employers, upon written
						request submitted on an application form prescribed by the Commissioner, may
						combine their accounts into a joint account for one (1) calendar year;
Provided, however,
That such application must be made annually
						within thirty days of the date Form WVUC-MR-7, Notice of Contribution Rate, or
						its substitute is mailed toemployers.
Provided further,
That the
						account of each such employer must have been chargable with benefit payments for
						the thirty-six (36) consecutive calendar months immediately preceding the first
						year in which the rate based on combined experience becomes effective. A joint
						account will become effective upon approval of the application by the
						Commissioner. The Commissioner may grant a thirty-day extension for the filing of
						an application for a joint account;
Provided
that such request must
						be post-marked by the last date on which to file the application.
23.2. The department shall maintain a separate
						account for each employer participating in a joint account. To compute the joint
						rate applicable to all participating employers, the records of all such employers
						shall be combined and the computed rate shall apply to all participating
						employers for the entire calendar year.
23.3. A participating employer may withdraw
						upon written application therefor, effective on the first day of January of any
						year:
Provided,
That the application for withdrawal be made within
						thirty (30) days of notification of the computed rate applicable to the joint
						account.
West Virginia Code of State Rules › Agency 83 - Employment Security › Title 83 - LEGISLATIVE REGULATIONS DEPARTMENT OF EMPLOYMENT SECURITY › Series 83-01 - Regulations Of The Commissioner Of Employment Security › Section 83-1-24 - Secrecy of Tax Information

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Definitions.
For purposes of this section, the following terms shall have
							these meanings:
(A) "Return" means any
						tax or information return, declaration or estimated tax, or claim for refund
						required by, or provided for or permitted under the provisions of the Internal
						Revenue Code which is filed with the Internal Revenue Service by, on behalf of,
						or with respect to any person, and any amendment or supplement thereto, including
						supporting schedules, attachments or lists which are supplemental to, or part of,
						the return so filed.
(B) "Return
						Information" means a taxpayer's identity, the nature, source or amount of his
						income, payments, receipts, deductions, exemptions, credits, assets, liabilities,
						net worth, tax liability, tax withheld, deficiencies, overassessments, or tax
						payments, whether the tax payer's return was, is being, or will be examined or
						subject to other investigation or processing, or any other data received by,
						recorded by, prepared by, furnished to, or collected by the Commissioner with
						respect to a return or with respect to the determination of the existence or
						possible existence of liability (or the amount thereof) of any person for any
						tax, additions to tax, penalty, interest, fine or other imposition or offense and
						any part of any written determination or any background information relating to
						such written determination.
(C) "Tax
						Administration" means:
(1) The administration,
						management, conduct, direction, and supervision of the execution and application
						of the revenue laws or related statutes of the state, and
(2) The development and formulation of state
						tax policy relating to existing or proposed Internal Revenue Laws, or related
						statutes or the state, and
(3)
						Includes assessment, collection, enforcement, litigation and statistical
						gathering functions under such laws or statutes.
West Virginia Code of State Rules › Agency 84 - Board Of Review › Title 84 - PROCEDURAL RULE BOARD OF REVIEW › Series 84-01 - Procedural rules to govern the initiation and conduct of hearings in contested unemployment compensation claims before the Board of Review and its subordinate tribunals › Section 84-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These
				procedural rules shall govern the conduct of hearings in contested unemployment
				compensation claims before the Board of Review and its subordinate
				tribunals.
1.2. Authority. -- W.
				Va. Code §§
									21A-4-9(3),
				21A-7-7,
				21A-7-13.
1.3. Filing Date. --
1.4. Effective Date. --
1.5. Repeal of Former Rule. -- These
				procedural rules repeal and replace the Board of Review Procedural Rules filed
				in the Secretary of State's office September 29, 1999 and effective October 29,
				1999.