reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-1 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
						This Procedural Rule sets forth the practice and procedure established by the
						West Virginia Ethics Commission ("the Commission") for carrying out its
						responsibilities in the administration and enforcement of the West Virginia
						Governmental Ethics Act, (hereafter referred to as the "Act") W. Va. Code
						§§
									6B-1-1 through 6B-3-11.
1.2. Authority. -- W. Va. Code §§
									6B-2-1 and 6B-2-2.
1.3. Filing
						Date. -- April 24, 2018
1.4.
						Effective Date. - May 25, 2018
1.5. Procedure governed -- This rule governs
						all practice and procedure before the West Virginia Ethics Commission
						(hereafter referred to as "the Commission").
1.6. Liberal construction -- This rule shall be liberally
						construed to permit the Commission to discharge its statutory functions and to
						secure just and expeditious determination of all matters before the
						Commission.
1.7. Practice where
						rule does not govern -- In situations where the rule is not applicable, the
						Commission's or its hearing examiner's discretion shall be exercised in
						accordance with the traditional notions of fairness and justice.
1.8. Severability -- If any of this rule is
						held invalid, it shall not be construed to invalidate any of the other
						provisions of this rule.
1.9.
						Delegation of powers and duties -- Except where contrary to the law, the
						Commission may delegate any of the powers and duties of the Commission to an
						employee or agent of the Commission.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All words
						defined in chapter six-B of the West Virginia Code have the meanings therein
						ascribed to them for the purpose of all legislative rules of the West Virginia
						Ethics Commission. The following words have the meanings herein ascribed to
						them as set forth below:
2.1.a. "Act" means
						the West Virginia Governmental Ethics Act.
2.1.b. "Chairperson" means the chairperson of
						the West Virginia Ethics Commission elected by the Commissioners.
2.1.c. "Commissioner" means one of the duly
						appointed members of the West Virginia Ethics Commission.
2.1.d. "Meeting" means the convening of the
						Commission for which a quorum is required to make a decision or to deliberate
						toward a decision on any matter. As provided in W. Va. Code §
										6-9A-2(5)(A), the term "meeting" does not include any meetings for the purposes
						of making an adjudicatory decision.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-3 - Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Meetings of
						the Commission may be called by the chairperson, and the chairperson shall call
						a meeting upon the written request of three commissioners.
3.2. The chairperson shall send a notice to
						the Commission members in writing at least seven days in advance of a meeting
						setting forth the date, time and place of the meeting, except that notice is
						not required if the date, time, and place have been fixed in a prior
						meeting.
3.3. The chairperson shall
						notify the public and the news media by filing with the office of the Secretary
						of State a public notice of each regular or special meeting for publication in
						the State Register at least five business days in advance of the meeting. The
						public notice shall contain the date, time, and place of the meeting.
3.4. At least three business days prior to
						the date of the meeting, an agenda for each regular and special meeting shall
						be made available in the Commission's office and on the Commission's website
						www.ethics.wv.gov [File Link Not Available]. An agenda which has
						been issued at least three days in advance of a meeting may be amended up to
						two business days before the meeting. In calculating business days, the day of
						the meeting, as well as Saturdays, Sundays and legal holidays are
						excluded.
3.5. The provisions of
						this Rule shall not apply in the event of an emergency requiring immediate
						official action by the Commission.
3.6. Meetings that are not concluded in one
						day may be continued to a set date, time and place by a majority vote of the
						Commission members present and voting.
3.7. The Commission shall meet in regular
						session on the first Thursday of each month or such other date as the
						Commission may direct.
3.8. The
						Commission shall convene all regular meetings at the offices of the West
						Virginia Ethics Commission, unless otherwise changed by a majority vote of a
						quorum of the Commission or by the chairperson.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-4 - Proceedings to be Open; Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All meetings of the Commission are open
						to the public except as otherwise provided in W. Va. Code §
									6-9A-4, or as
						otherwise provided in the Act.
4.2.
						The Commission may at any meeting go into executive session, upon a majority
						vote of the Commissioners present or participating by teleconference or other
						electronic means to discuss Commission personnel, planned or ongoing
						litigation, and planned or ongoing investigations, or to conform with the
						provisions of the Act requiring confidentiality.
4.3. Any action taken as a result of a
						discussion in executive session must be properly ratified in open session of
						the Commission to be an official action of the Commission.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-5 - Minutes of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
						Commission shall prepare written minutes of all Commission meetings.
5.2. A copy of the minutes of open meetings
						shall be available to the public within a reasonable time after the meetings
						and shall include the following information:
5.2.a. The date, time, and place of the
						meeting;
5.2.b. The name of each
						Commission member present or absent;
5.2.c. All motions, proposals, measures,
						orders, and resolutions proposed; and,
5.2.d. The results of all votes and, upon the
						request of a member, the vote of each member, by name.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-6 - Quorum, Majority Vote Required; Proxy Vote Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Five members of the Commission shall
						constitute a quorum for the transaction of business.
6.2. At least six members of the Commission
						are required to render a decision regarding the truth or falsity of charges
						against a respondent and a decision to impose sanctions.
6.3. No Commission member may vote by
						proxy.
6.4. Meetings of the
						Commission may be held by telephonic or other electronic conferencing except
						when the Commission is acting as a hearing board.
6.5. Meetings held by telephone conference
						require notice to members in the same manner as meetings personally attended,
						shall be electronically recorded, and the recordings shall be retained in
						accordance with the Commission's record retention policy.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-7 - Travel Expense Rules; Compensation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Members of the Commission shall receive
						the same compensation and expense reimbursement as is paid to members of the
						Legislature for their interim duties as authorized by law for each day or
						portion thereof engaged in the discharge of official duties.
7.2. Every day spent in a regular or special
						meeting, committee meeting or hearing constitutes a day spent on Commission
						business. A member shall not be reimbursed for expenses unless he or she is
						personally in attendance.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-8 - Oath

Current through Register Vol. XLI, No. 28, July 12, 2024
Each member of the Commission shall take and subscribe to the
							oath or affirmation required pursuant to Article IV, Section 5 of the
							Constitution of West Virginia.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-9 - Removal of Member

Current through Register Vol. XLI, No. 28, July 12, 2024
A Commission member may be removed by the Governor for
							substantial neglect of duty, gross misconduct in office, or violation of the
							Act, after written notice and an opportunity for
							reply.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-19 - West Virginia Ethics Commission › Section 158-19-10 - Delegation of powers and duties

Current through Register Vol. XLI, No. 28, July 12, 2024
Except where contrary to the law, the Commission may delegate
							any of the powers and duties of the Commission to an employee or agent of the
							Commission.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-20 - Forms › Section 158-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
						legislative rule relates to forms created by the Ethics Commission for filings
						by public servants and lobbyists.
1.2. Authority. -- W. Va. Code §§
									6B-2-2(a),
						6B-2A-1 and
						6B-3-2.
1.3. Filing Date. -- April 22,2011
1.4. Effective Date. -- May 1,2011
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-20 - Forms › Section 158-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commission"
						means the West Virginia Ethics Commission.
2.2. "Executive Director" means the Executive
						Director of the West Virginia Ethics Commission.
2.3. "Form" means any form, report or
						statement prepared or mandated for use by the Commission.
2.4. "Lobbyist" means a person required to
						register as a lobbyist with the Commission in accordance with article three,
						chapter six-b of the Code.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-20 - Forms › Section 158-20-3 - General Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
						blank copy of all financial disclosure forms or lobbyist registration
						statements or expenditure reports required to be prepared by the Commission
						shall be made available for inspection and review upon the Commission's website
						and upon request.
3.2. Any person
						who is required to file a form in accordance with the requirements of the
						Ethics Act, W.Va. Code §§
									6B-1-1
et seq.,
may request that the format of a form be modified.
3.3. A request that a form be modified may be
						made orally or in writing to the Executive Director of the Ethics Commission.
						The Executive Director or his or her designee shall reply to a request within
						the following time frames:
a. Oral requests -
						An oral response shall be provided within five business days of receipt of the
						request for modification.
b.
						Written request - A written response shall be provided within ten business days
						of receipt of the request for modification.
c. For purposes of calculating days, the day
						of the receipt of the request shall not be included or Saturdays, Sundays and
						legal holidays. A written response shall be considered timely if postmarked by
						the due date.
West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-20 - Forms › Section 158-20-4 - Lobbyist Registration Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Lobbyists shall register on a form which
						is the same as the form attached as Appendix A to this rule. If the Commission
						implements electronic registration, then the electronic form shall be
						substantially similar.
4.2.
						Lobbyists shall submit a written authorization from each of the their employers
						confirming the lobbyist's employment and the subjects on which the employer is
						to be represented on a form which is the same as the form attached as Appendix
						B to this rule. If the Commission implements electronic registration, then the
						electronic form shall be substantially similar.
West Virginia Code of State Rules › Agency 159 - Building Commission › Title 159 - PROCEDURAL RULES STATE BUILDING COMMISSION › Series 159-01 - Procedural Rules For Meetings › Section 159-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The scope of these
				proce­dural rules involves the meetings, records and officers of the
				State Building Commission.
1.2.
				Authority. -- W. Va. Code '6-9A-3.
1.3. Filing Date. -- June 21, 1995.
1.4. Effective Date. -- July 21,
				1995.
West Virginia Code of State Rules › Agency 159 - Building Commission › Title 159 - PROCEDURAL RULES STATE BUILDING COMMISSION › Series 159-01 - Procedural Rules For Meetings › Section 159-1-2 - Office

Current through Register Vol. XLI, No. 28, July 12, 2024
The principal office of The State Building Commission ("Commission") shall be in the City of Charleston, County of Kanawha, State of West Virginia. Other offices or places of business may be established whenever deemed advisable in the judgment of the Commission.
West Virginia Code of State Rules › Agency 159 - Building Commission › Title 159 - PROCEDURAL RULES STATE BUILDING COMMISSION › Series 159-01 - Procedural Rules For Meetings › Section 159-1-6 - Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission shall have the power to make, alter, amend, suspend and repeal the By-Laws of the Com­mission by a vote of not less than a majority of its members at any regular meeting of the Commission without previous notice of such purpose. A quorum shall have the power to make, alter, amend, suspend or repeal the By-Laws of the Com­mission at any special meeting of the Commis­sion, provided at least ten (10) calendar days notice of the purpose to make, amend, alter, suspend or repeal the By-Laws in whole or in part at such meeting and of the substance of the proposed action shall have been previously given to each member.
Adopted:____________________
SIGNED:
_________________________
C­hairman
ATTEST:
_________________________
Secretary
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-01 - Plan Of Operation › Section 161-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope--This Legislative Rule establishes
				the plan of operation for the Information Services and Communications Division
				of the Department of Administration for data processing, telecommunication, and
				central mailing office services. These rules supplement West Virginia Code
				'5A-7-1 et seq., and must be read in conjunction with this article.
1.2. Authority--West Virginia Code
				'5A-7-2.
1.3. Filing Date--April 3,
				1991
1.4. Effective Date--April 3,
				1991
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-01 - Plan Of Operation › Section 161-1-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This Legislative Rule applies to each
				spending unit of the executive branch of state government utilizing the
				services of the Purchasing Division of the Department of Administration or any
				other entity utilizing the services of the Information Services and
				Communications Division.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-01 - Plan Of Operation › Section 161-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As used in this rule, all terms shall
				have the same meaning as provided in West Virginia Code '5A-7-1, and as
				follows:
(a) "Cost center" means expenses
				related to a specific resource.
(b)
				"Dedicated charges" means expenses for a resource that is solely for the
				benefit of a single user.
(c)
				"Director" means the Director of the Information Services and Communications
				Division of the Department of Administration.
(d) "ISC" means the Information Services and
				Communications Division of the Department of Administration.
(e) "Purchasing Division" means the
				Purchasing Division of the Department of Administration.
(f) "Resource" means a service or commodity
				provided by ISC.
(g) "Revenue
				center" means a specific type of resource that generates revenue.
(h) "Secretary" means the Secretary of the
				Department of Administration.
(i)
				"User" means a spending unit of the executive branch of state government
				utilizing the services of the Purchasing Division or any other entity utilizing
				the services of ISC.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-01 - Plan Of Operation › Section 161-1-4 - Rate Schedules and Invoicing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Rate
				Schedules.
ISC's rate schedules are developed at the beginning of each
				  fiscal year and reviewed quarterly for the first three quarters. Each revenue
				  center charges for goods or services to enable that revenue center to be
				  self-sufficient. Actual costs are accumulated for each revenue center and
				  compared against the revenues received for the corresponding period.
				  Differences between costs and revenues will be evaluated to determine if an
				  adjustment of the rate is required and/or if debits or credits are required to
				  remedy large variances between billing and operating expenses by an individual
				  revenue center. Comparisons are made for each revenue center for the current
				  fiscal year or quarter using the cumulative history of all revenues and
				  expenses and usage that would effect the rate structure. If rate revisions
				  shall be announced to users prior to implementation.
4.2. Rates for Services.
(a) Each user shall be invoiced for services
				rendered, with charges to be fixed in a schedule or schedules prepared by the
				Director and approved by the Governor. A schedule of federal reimbursable rates
				and a Federal Cost Allocation Plan complying with the U.S. Office of Management
				and Budget Circular Number A-87 shall be submitted annually, to assist users
				receiving federal funds in determining the portion of the ISC bill that is
				reimbursable using federal funds. Nevertheless, the ISC billing rate is the
				rate all ISC users will pay for services.
(b) User billings are based upon standard
				rates for services provided by ISC. Standard rates are calculated using the
				known and anticipated fiscal year resource costs divided by the projected
				resource usage expressed in terms of billable units, and will, as nearly as may
				be practical reflect the actual costs incurred in the performance of services
				rendered projections upon which the rates are based, a cost center will recover
				more or less than is necessary for it to be self-sufficient. Adjustments are
				made to increase or decrease future rates to compensate for this
				variance.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-01 - Plan Of Operation › Section 161-1-5 - Requisition Review

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General.
ISC shall review and approve prior to submission of the
				  requests to the Purchasing Division all automation hardware, software,
				  consulting and associated maintenance requests of uses estimated to cost in
				  excess of $10,000. Requests estimated to cost $10,000 or less shall be
				  submitted to ISC for informational purposes. Review shall include the
				  appropriate documents required by the Purchasing Division and information
				  describing the need for the request and any alternative solutions considered.
				  Exceptions to the review process may be granted by the Secretary.
5.2. Procedures.
ISC review shall focus upon the cost of the request and its
				  suitability within the overall environment of the user and the State in
				  relation to integration and communication with existing systems. ISC shall make
				  recommendations regarding to appropriate purchasing method to be utilized.
				  Approval of ISC shall be attached to requests estimated to cost in excess of
				  $10,000 when submitted to the Purchasing Division.
The total purchase price is intended to include all items
				  associated with the procurement effort and circumvention of the dollar
				  limitation by splitting invoices among different payment dates or procurement
				  documents may result in revocation of this privilege.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This Legislative Rule is an
				explanation and clarification of operative procedures for the
				telecommunications payments by State spending units as defined in W. Va. Code
				§
									5A-7-4a.
1.2. Authority. --
				W. Va. Code §
									5A-7-4a.
1.3.
				Filing Date. -- May 26, 2005.
1.4.
				Effective Date. -- July 1, 2005.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, all terms have the same meaning as provided in W. Va. Code Section 5A-7-1 and as follows:
(a) "Administration costs" means the costs
				(personnel, supplies, etc) associated with administering the Legislative Rules
				governing W. Va. Code §
									5A-7-4a.
(b) "Business days" means any day the State
				of West Virginia is open for business excluding official holidays and emergency
				closings.
(c) "Components" means
				any ancillary documentation or backup data (hard copy, electronic copies, etc)
				that are required to complete the apportionment of the charges identified on
				the invoice.
(d) "Due Date" means
				the date no more than thirty calendar days from the date the division sends a
				statement by which the spending unit shall submit payment or transfer to the
				fund all funds necessary to pay the spending unit's charges in full.
(e) "Fund Application" means the
				"Telecommunications Services Payment and Reserve Fund Application.
(f) "Invoice" means the vendor's invoice and
				any components that list all of the services and charges that IS& C is
				expected to apportion out to the spending units for reimbursement.
(g) "IS& C" or ' the Division' means the
				Information Services and Communications Division of the Department of
				Administration as established in W. Va. Code §
									5A-7-2.
(h) "Legitimate Uncontested Invoice" means an
				invoice for shared account telecommunication services that is received by the
				Information Services and Communications Division (IS& C) of the Department
				of Administration which does not include:
(1)
				charges not allowed, either by State law or contractually;
(2) designation of specific spending unit for
				said service;
(3) charges in error
				due to, but not limited to, overcharge, service failure, failure on the
				vendor's part to terminate services as requested or other failure of or error
				in vendor performance; and
(4)
				where applicable, charges and/or services that are not in accordance with
				contract pricing.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule applies to all spending units of that have their telecommunications services billed on the state's shared account.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-4 - Authority of the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Director shall:
(a) Ensure that all
				telecommunications shared account invoices are received from a properly
				registered and qualified vendor;
(b) Review all shared account invoices
				received from properly registered and qualified vendors;
(c) Apportion all telecommunications charges
				among spending units based on the spending unit's service and usage, as
				determined by the director;
(d)
				Ensure that all statements itemizing the apportioned telecommunications charges
				by spending unit are sent out within thirty days of receipt by IS&
				C;
(e) Assess a Telecommunications
				Service Expense fee to all spending units based on each spending unit's portion
				of service and usage.
(f) Track all
				payments received from the spending units and provide the Secretary with a list
				of those spending units who have not transferred or submitted full payment to
				the telecommunications services payment and reserve fund within the required
				statement date.
(g) Negotiate on
				behalf of the spending units any disputed charges.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-5 - IS& C Duties and Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Preliminary
				Review of Invoice
5.1.1. All
				telecommunications invoices, when received at IS& C, will be marked as
				received with the date on which the invoice arrived at IS& C.
5.1.2. Charges will be apportioned for
				payment to the appropriate spending units within 30 days of the invoice being
				received. Each telecommunications invoice received for a shared account will be
				apportioned among the spending units based on the spending unit's service and
				usage, as determined by the Director.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-6 - Spending Units' Duties and Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				All spending units will be required to complete and have approved a Fund
				Application by the date indicated on the application.
6.1.1. Any spending unit with moneys in the
				state treasury that fails to have an approved Fund Application on file by the
				required date may be subject to discontinuance of telecommunications
				services.
6.1.2. Any participating
				spending unit maintaining funds in depositories outside the state treasury
				shall furnish the Secretary access to those funds for the exclusive purposes of
				this section. Such spending units are required to file a Fund Application to
				meet this requirement. Failure to have an approved Fund Application on file by
				the required date will result in termination of that spending unit's
				telecommunication services and prohibit any new activity until the Fund
				Application is provided.
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-7 - Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Payments to the telecommunications
				services payment and reserve fund.
7.1.1.
				Spending units are required to submit or transfer payments in full to the
				telecommunications services payment and reserve fund by the statement
				date.
7.1.2. Spending units are
				required to remit full payment even if a portion of the statement's costs are
				being disputed (refer to §
										161-2-6.3 for submitting contested
				charges).
West Virginia Code of State Rules › Agency 161 - Information Services And Communcations Divisions › Title 161 - LEGISLATIVE RULES INFORMATION SERVICES AND COMMUNICATIONS DIVISION › Series 161-02 - Telecommunications Payments By Spending Units › Section 161-2-8 - Vendors' Duties and Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this series section shall govern any new telecommunication vendor that provides services to spending units via a shared account. All vendors, both current and new, are to provide telecommunications services to spending units on the shared account only upon receipt from IS& C of an authorized and IS& C-approved Telecommunications Change Request form. If a vendor provides new service without the authorized form, IS& C shall not be responsible for the charges.
8.1. Current Vendors
8.1.1. For all vendors currently invoicing
				IS& C on behalf of spending units for services procured via a state-issued
				purchase order, a new shared account(s) shall be created and in effect to
				reflect all charges that are incurred for the July 2004 billing
				month.
8.1.2. For all vendors
				currently invoicing spending units via an individual account (direct billing),
				IS& C is to be provided with a list of these spending units no later than
				October 1, 2004. The accounts for these spending units are to be consolidated
				on to the newly created shared account no later than December 31,
				2004.
8.1.3. Any charges incurred
				from July 1, 2004 to December 31, 2004 that were not merged on to the new
				shared account shall not be the responsibility of IS& C unless authorized
				by the Secretary.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-01 - General Provisions › Section 162-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - The scope of this rule involves
				the enabling legislation and general administrative criteria of the
				Consolidated Public Retirement Board.
1.2. Authority. -- W. Va. Code §
									5-10D-1.
1.3. Filing Date. -May 28,2013.
1.4. Effective Date. -June 1,2013.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-01 - General Provisions › Section 162-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions: For purposes of determining
				the divisibility of the annuity, refund of accumulated contributions,
				pre-retirement death benefit, or other payment available to a member, retirant
				or beneficiary of any Retirement System administered by the Board in cases of
				divorce or legal separation, the following definitions apply:
2.1.a. "Alternate payee" means the person
				designated in a Qualified Domestic Relations Order to receive all or a portion
				of the benefits available under one of the Retirement Systems.
2.1.b. "Domestic Relations Order" means an
				order, judgment, or decree which relates to the provision of marital property
				rights to a spouse or former spouse of a member or retirant, and which is made
				pursuant to a state domestic relations law.
2.1.c. "Exempt service" means all additional
				service credit due to non-contributory military service and accumulated sick
				and annual leave.
2.1.d.
				"Participant means the spouse who is a member or retirant in one of the
				Retirement Systems administered by the Board and whose interest in a Retirement
				System is divided by a Qualified Domestic Relations Order in accordance with
				this rule.
2.1.e. "Qualified
				Domestic Relations Order" means a Domestic Relations Order that assigns to an
				alternate payee the right to receive all or a portion of the benefits payable
				to a person under any of the Retirement Systems administered by the Board, and
				which has been determined by the Board as meeting the requirements of this rule
				and any applicable statute. A "Qualified Domestic Relations Order" under this
				rule is not intended to, and shall not, mean the same as a "Qualified Domestic
				Relations Order" as defined in Internal Revenue Code (Code) Section 414(p),
				except to the extent that the provisions of Code Section 414(p) are applicable
				to governmental plans.
2.1.f.
				"Vested Accrued Retirement Benefit" means the benefit due to the member or
				retirant as of the date specified by the parties in the Qualified Domestic
				Relations Order set out in subdivision 7.2.b. of this rule.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-01 - General Provisions › Section 162-1-3 - Consolidated Public Retirement Board

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Board shall determine all other rules that are necessary for its administration
				and the administration of the Teachers Defined Contribution Retirement System
				(W. Va. Code §
									18-7B-1, et seq.); the Teachers
				Defined Benefit Retirement System (W. Va. Code §
									18-7A-1, et seq.); the Public
				Employees Retirement System (W. Va. Code §
									5-10-1, et seq.); the Judges'
				Retirement System (W. Va. Code §
									51-9-1, et seq.); the Department
				of Public Safety, Death, Disability and Retirement Fund (W. Va. Code §15-2
				-26, et seq.); the West Virginia State Police Retirement System (W. Va. Code
				§
									15-2A-1, et seq.); the West
				Virginia Deputy Sheriff Retirement System (W. Va. Code §
									7-14D-1, et seq.); the West
				Virginia Emergency Medical Services Retirement System (W. Va. Code §
									16-5V-1, et seq.); and the
				Municipal Police Officers and Firefighters Retirement System (W. Va. Code
				§8-22A, et seq.).
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-01 - General Provisions › Section 162-1-4 - Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board may make, alter, amend,
				suspend and repeal the Rules of the Board by a vote of not less than a majority
				of a quorum of its members at any regular meeting of the Board provided at
				least ten (10) days notice of such purpose is given. A quorum of the Board may
				make, alter, amend, suspend or repeal the Rules of the Board at any emergency
				meeting of the Board, provided at least ten (10) days notice of the purpose to
				make, amend, alter, suspend or repeal the Rules in whole or part at the meeting
				is given, and of the substance of the proposed action is announced. However,
				any action to promulgate, amend, suspend or repeal the Rules of the Board are
				subject to the rule-making provisions of W. Va. Code § 29A-3-l et
				seq.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-01 - General Provisions › Section 162-1-6 - Administrative Expenses

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Consolidated Public Retirement Board shall create an Expense Fund which shall
				be funded by an assessment against the Teachers Defined Benefit Retirement
				System, the Public Employees Retirement System, the Judges' Retirement System,
				the Public Safety Death, Disability and Retirement Fund, the West Virginia
				State Police Retirement System, the West Virginia Deputy Sheriff Retirement
				System, the West Virginia Emergency Medical Services Retirement System and the
				West Virginia Municipal Police Officers and Firefighters Retirement System,
				with payment out of earnings and the employers part of the Teachers Defined
				Contribution Plan in an amount determined by the Board, per year, for each
				member, retirant, beneficiary, and alternate payee receiving benefits. The
				Board shall deduct the fee from the vested employee account for terminated
				members and alternate payees of terminated members of the Teachers Defined
				Contribution Plan who are not vested in any employer contributions.
6.2. All administrative costs of the Board,
				including, but not limited to, salaries and employee benefits, shall be paid
				from the expense fund. However, any indemnification required pursuant to
				subsection 5.4 of this rule shall be paid from the particular Retirement System
				affected.
6.3. The administrative
				expense fund is not subject to satisfaction of any judgment or award against
				any of the Retirement Systems, and the judgment or award shall be satisfied
				from assets of the particular Retirement System against which it is
				levied.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-01 - General Provisions › Section 162-1-8 - Death Benefits

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				several Retirement Systems to be administered by the Board have varying and
				different definitions of who a survivor beneficiary may be if the member dies
				prior to retirement and following retirement. The Board has adopted the
				procedures in this section for payment of death benefits for all systems.
8.1.a. The "beneficiary" means the person who
				the member has designated as beneficiary in writing as of the date of his or
				her death. To the extent that plan provisions require the existence of an
				insurable interest between the named beneficiary and the member, the Board
				shall have the discretion to decide whether such interest exists.
8.1.b. If, upon the death of a member or
				retirant, a dispute arises between two (2) or more people who claim beneficiary
				or survivor benefits, the Board may make payment to the duly registered legal
				representative of the estate of the deceased member or retirant. Payment may
				only be made upon submission of written proof of the representative of the
				estate, generally incorporated in a probate court order. The Board shall accept
				the Last Will and Testament of the deceased member or retirant for the purposes
				of payment to the estate under this subdivision.
8.1.c. If the last designated beneficiaries
				of a member or retirant are children under the age of majority, but who reached
				their majority by the time of death, the Board shall always make payment
				pursuant to a court order or agreement entered into by the children of the
				member or retirant. If the designated beneficiaries are children who have not
				reached their majority, the Board shall only make payment to the court
				appointed guardian ad litem as specified in appropriate legal
				proceedings.
8.1.d. Except under
				joint and survivor options, a member or retirant may retain the right of
				selecting his or her designated beneficiary at any time.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-01 - General Provisions › Section 162-1-9 - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The members of the Board and any
				employee or agent of the Board are subject to the Governor's Travel Rules and
				Regulations.
9.2. If a member of a
				Defined Benefit System is covered by a group insurance or prepayment plan
				participated in by a participating public employer, and if the member is
				permitted to, and elects to, continue coverage as a retirant, he or she may
				authorize the Board to have deducted from his or her annuity the payments
				required of him or her to continue coverage under group insurance or prepayment
				plan.
9.3. A participating public
				employer in any Retirement System has the right of setoff for any proven claim
				arising from embezzlement by, or fraud of, a member, retirant or beneficiary.
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West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-02 - Benefit Determination and Appeal › Section 162-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This rule addresses the
				processes by which a member of the retirement systems administered by the West
				Virginia Consolidated Public Retirement Board may apply for and be granted
				disability retirement, and the manner in which appeals from the disability
				determinations of the Board and other appeals may be presented for
				administrative resolution.
1.2.
				Authority. - W. Va. Code § 5-1OD-1.
1.3. Filing Date. - June 28, 2016.
1.4. Effective Date. - June 28, 2016.
West Virginia Code of State Rules › Agency 162 - Consolidated Public Retirement Board › Title 162 - LEGISLATIVE RULE CONSOLIDATED PUBLIC RETIREMENT BOARD › Series 162-02 - Benefit Determination and Appeal › Section 162-2-2 - Disability Application.

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. An
				individual or an individual's employer on behalf of the individual, if
				permitted, seeking disability retirement benefits shall apply to the
				Consolidated Public Retirement Board and, unless disability retirement is
				decided by the Governor of the State of West Virginia pursuant to statutory
				authority, the Board shall, as part of its initial review, decide the
				applicant's eligibility for disability retirement. The application shall be
				upon a form adopted by the Board. The employing agency shall, upon a form
				adopted by the Board, state the agency's position as to whether or not the
				disability is work related.
2.2. In
				the event that an individual or that individual's employer on behalf of the
				individual has applied for and been denied disability retirement by the Board,
				neither the individual nor the employer may file another application for
				disability retirement with the Board until the passage of one year from the
				date of the Board's last denial. Notwithstanding the minimum one year
				reapplication period, the Board may, in its sole discretion, agree to waive the
				minimum one year reapplication period for an individual or that individual's
				employer on behalf of the individual if waiver of the reapplication period is
				requested by the individual or that individual's employer on a form approved by
				the Board. The individual or that individual's employer shall demonstrate to
				the satisfaction of the Board, through medical records, reports or other
				reliable evidence, that the individual has suffered a new or substantial
				worsening of his or her medical condition since the Board's most recent denial
				of his or her application for disability retirement.
2.3. After a member receives either a lump
				sum distribution of contributions or the initial payment of a retirement
				benefit from the retirement system in which the member was or is a participant,
				the member is not eligible to apply for or receive disability retirement
				benefits.
2.4. When an application
				for disability retirement has been submitted by a member of the Public
				Employees Retirement System or the Teachers' Retirement System who is
				ultimately determined by the Consolidated Public Retirement Board to have met
				all the disability requirements, including an affirmative opinion by a Board
				approved physician, but who dies before the application is approved by the
				Board, the Board shall process the disability application and pay benefits as
				though the applicant were still alive and elected a 100% Joint & Survivor
				disability annuity naming his or her surviving spouse. If the member was not
				married at the time of his or her death, the named beneficiary or beneficiaries
				shall be paid in accordance with his or her pre-retirement beneficiary
				form.