reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-09 - Procurement › Section 115-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency" or "BRIM" means the West
				Virginia Board of Risk and Insurance Management.
2.2. "Bid" or "Bids" means documents that a
				vendor submits in response to a solicitation that constitutes an offer to the
				agency and includes, but is not limited to, documents submitted in response to
				a request for quotation and proposals submitted in response to a request for
				proposal.
2.3. "Chief Financial
				Officer" or "CFO" means the BRIM employee designated as such who manages the
				Agency's Finance Department and is responsible for oversight and management of
				financial, investment, reporting, and budgeting functions for the
				agency.
2.4. "Director" means the
				Executive Director of BRIM or the BRIM employee designated by the Director to
				perform a specific task or function.
2.5. "Non-Responsible" means not having the
				capability to fully perform the contract requirements and lacking the integrity
				and reliability which will assure good-faith performance.
2.6. "Purchase of insurance products and
				insurance services" means procurement of or negotiation of contracts for
				insurance policies, insurance coverages, insurance adjusting services,
				engineering services, geotechnical services, insurance producer services,
				investment banking and trust services, financial management services, property
				and liability inspection or evaluation services, boiler and machinery insurance
				or inspection services, appraisal services, privacy or cyber liability incident
				management products or services, and any other products or services considered
				by the Director to be necessary or appropriate to the agency's responsibilities
				relating to the State Privacy Office or to secure reasonably broad protection
				against loss, damage, or liability to property and on account of activities and
				responsibilities of the state or public entity program insured, through proper,
				adequate, available, and affordable insurance and through the employment of
				principles of loss control.
2.7.
				"Purchases of a routine nature" or "routine purchase" means procurement of
				typical items found in any state agency such as office supplies, furnishings,
				technology products and services including hardware and software, and other
				items or services needed for the day-to-day administrative functioning of the
				agency.
2.8. "Requisition" means a
				written or electronic authorization signed by the Director or his or her
				designee to the Agency's Finance Department, or signed by the CFO, requesting
				the purchase of goods or services within the scope of this procedural
				rule.
2.9. "Solicitation" means a
				request for quotation (RFQ) or a request for proposal (RFP).
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-09 - Procurement › Section 115-9-3 - Purchases of a Routine Nature

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				All purchases above $50.00, or such other value as determined by the Director
				in coordination with the CFO, must be approved by the Director or the CFO using
				the requisition form.
3.2.
				Purchases and contracts for commodities and services of a routine nature shall
				be based on competitive bid whenever possible, subject to the following:
3.2.1. Competitive bids may, but are not
				required to be obtained, when the value of the item or service is $2,500 or
				less;
3.2.2. A minimum of three
				verbal bids is required, when possible, when the value of the item or service
				is between $2,500.01 and $10,000; and
3.2.3. A minimum of three written bids is
				required, when possible, when the value of the item or service is between
				$10,000.01 and $25,000.
3.2.4.
				Purchases of a routine nature expected to exceed $25,000 must be the subject of
				competitive bid solicitation unless otherwise allowed under this
				rule.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-09 - Procurement › Section 115-9-4 - Purchases of Insurance Products and Insurance Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Insurance products and insurance
				services relating to properties, activities, and responsibilities of the state
				or public entity program insured will be based on competitive bid whenever
				feasible and in the best interest of the state and the insurance programs
				administered or provided by the agency.
4.2. The Director shall determine the
				circumstances under which competitive bids for such insurance products and
				insurance services are feasible and in the best interest of the state and the
				insurance programs administered or provided by the agency. In making this
				determination, consideration will be given to the nature, complexity,
				uniqueness, cost, urgency, availability, or suitability for addressing a new or
				emerging risk, of the needed products or services. Such determinations shall
				also take into consideration financial costs, the scope of operational,
				staffing, or budget changes needed within the agency, and potential impact on
				constitutional immunity or statutory or common law relating to replacement of
				existing programs or services.
4.3.
				Rather than soliciting bids directly for insurance products and insurance
				services, the agency may solicit bids for the services of individual insurance
				producers, insurance agencies or business entities licensed as insurance
				producers by the West Virginia Insurance Commissioner, or surplus lines
				licensees as authorized by Chapter 33 of the West Virginia Code. The services
				to be provided under contracts resulting from such solicitations may include a
				market search for the insurance products and insurance services needed,
				recommendations, assistance with completion of the procurement, and general
				support during the duration of the contract for the insurance products and
				insurance services.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-09 - Procurement › Section 115-9-5 - Director's Purchasing Role

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Director's role in connection with agency purchases includes the following:
5.1.1. Review specifications and descriptions
				before soliciting bids to ensure that specifications and descriptions do not
				favor a particular "brand" or vendor unless such specifications are necessary
				to perform the objectives for which the routine purchase, or the insurance
				product or insurance service, is purchased. If specifications include a "brand"
				name, the Director will ensure that it is clear that equivalent products or
				services set forth in this subsection will be considered;
5.1.2. Accept or reject any or all bids in
				whole or in part;
5.1.3. Request
				from vendors all necessary information to verify that the vendor is licensed
				and in good standing with appropriate state or federal agencies;
5.1.4. Waive minor irregularities in bids or
				specifications when the Director determines such action to be
				appropriate;
5.1.5. Prescribe in
				each contract provisions for liquidated damages, remedies or other damage
				provisions in the event of vendor default;
5.1.6. Prescribe the manner of review or
				inspection for determining compliance with specifications for all routine
				purchases and purchases of insurance products or insurance services;
5.1.7. Ensure that bid evaluators have no
				financial, personal, or other conflict of interest relating to any vendor or
				vendor representative that has submitted a bid and to ensure that bid
				evaluators sign a form certifying no conflicts of interest;
5.1.8. Ensure that no agency employees
				communicate with vendors about the solicitation from the time the solicitation
				is advertised and until an award is made;
5.1.9. Review and approve or reject any
				change orders submitted by the vendor:
5.1.10. Renegotiate terms for renewal of
				expiring contracts for insurance products or insurance services if it is
				determined that rebidding the contracts is not feasible, or in the best
				interests of the state and the state insurance program, taking into
				consideration the factors set forth in section 4.1 of this rule;
5.1.11. Ensure, through periodic audits,
				compliance with the provisions of this rule; and
5.1.12. Any other act reasonably related to
				ensuring the integrity of the agency's procurement process.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-09 - Procurement › Section 115-9-6 - Process in event of dispute

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				the event of a dispute with a vendor, the agency will attempt to resolve any
				issues with the vendor prior to pursuing available remedies.
6.2. The agency may cancel a purchase or
				contract immediately if the vendor has obtained the contract by fraud,
				collusion, conspiracy; an organizational conflict of interest is identified;
				funds are not appropriated for the acquisition; the contract was awarded in
				error; if the contract is in conflict with any statutory or constitutional
				provision; or if the vendor has failed to honor any contractual term or
				standard commercial practice.
6.3.
				In the event that a vendor fails to honor any contractual term or condition, or
				violates any provision of federal, state, or local law, regulation, or
				ordinance, the agency shall provide the vendor with notice of cancellation and
				may request that the vendor remedy the contract breach or legal violation
				within a reasonable time frame given the nature of the breach or violation. If
				the vendor fails to remedy the contract breach or legal violation within the
				stated time frame, the contract may be canceled immediately.
6.4. If the contract was the subject of
				competitive bids, the agency may award the canceled contract to the next lowest
				responsible bidder that met specifications without a subsequent solicitation if
				that bidder is able to perform at the price contained in its original bid
				submission and the contract has not yet commenced. If the contract was the
				subject of competitive bids and the vendor's failure has increased or
				significantly changed the scope of the original contract, the contract may not
				be re-awarded without competitive bids.
6.5. The agency may cancel any purchase or
				contract for any reason upon providing the vendor with 30 days' notice of the
				cancellation.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-09 - Procurement › Section 115-9-7 - Processes Relating to Bidding and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A request for proposal, or RFP,
				published by the agency must contain provisions for a two-part evaluation, the
				first part being technical aspects of the proposal and the second part being
				cost to the state. The two components will be evaluated, scored, and combined
				to form a total score. The highest scoring vendor will be awarded the contract.
7.1.1. Bids submitted in response to RFPs
				must be received from vendors prior to the bid due date and time established on
				the solicitation forms provided by the agency. The agency must reject bids
				received after the designated time and date. Each vendor is solely responsible
				for delivering its bid to the agency. All bids must be signed by an authorized
				representative of the vendor.
7.1.2. A bidder may make a change to a sealed
				bid submitted in response to an RFP by submitting the change in the same manner
				that the bid was submitted. The change must be received by the agency before
				the date and time the bid is due.
7.1.3. If, during the solicitation process,
				it becomes necessary to alter the solicitation document, a written addendum
				will be issued by the agency. An addendum will be used to add, delete or change
				specifications or attachments; provide a copy of a pre-bid attendee list;
				answer technical questions or requests for clarification; extend or alter the
				bid schedule; or for any other material change to the solicitation. The
				addendum will be published on the agency's website and provided directly to
				prospective bidders as determined by the agency.
7.1.4. If there is more than one bidder
				responding to the RFP, the agency may negotiate a lower price with the highest
				ranked bidder. If the contract is not awarded to the highest scoring bidder,
				the agency may close negotiations with that bidder and enter into negotiations
				with the next highest scoring bidder and may continue to do so in like manner
				with the remaining responsive and responsible bidders. The agency will only
				extend an offer after it is offered to all prior bidders in order of
				rank.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-09 - Procurement › Section 115-9-8 - Vendor challenges to contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Should any vendor desire to challenge an
				award of a contract, the vendor must submit to the Director no later than 5
				business days after the award a written protest including the name and address
				of the protestor; the solicitation number or contract number; a thorough
				statement of the grounds upon which the protest is made; any relevant
				supporting documentation; and the resolution or relief sought. Failure to
				submit this information shall be grounds for rejection of the protest by the
				Director.
8.2. The Director or
				his/her designee shall review the matter of protest and issue a written
				decision. The decision shall be mailed to the vendor by certified mail, return
				receipt requested. The vendor may, within 10 business days of receipt of the
				Director's written decision, request a hearing. If requested by the vendor, a
				hearing will be scheduled and notice of the time, date, and location of the
				hearing will be provided in writing to the vendor at least 10 days before the
				hearing date. The hearing notice shall be given by depositing it in the United
				States mail, postage prepaid in an envelope addressed to the vendor at its
				last-known address. Proof of the giving of notice shall be made by certificate
				of service attached to the notice and maintained in the agency's file.
				Continuation or delay of the contract award is at the discretion of the
				Director.
8.3. The hearing shall be
				conducted by a hearing officer appointed by the Director. The hearing officer
				has the power to subpoena witnesses, papers, records, documents, and other data
				and things in connection with the hearing and to administer oaths or
				affirmations in the hearing. At the hearing, the agency and the vendor shall be
				afforded an opportunity to review the evidence, cross-examine witnesses, and
				present testimony and enter evidence
.
8.4. Upon conclusion of the hearing, the
				hearing officer shall provide a recommended decision of findings of fact and
				conclusions of law to the Director. The Director shall review the record of the
				hearing and the recommended decision. The Director may adopt, modify, or reject
				the recommended decision, or may remand the recommended decision for further
				action. The Director shall issue a final order setting forth findings of fact
				and conclusions of law in support of the decision. The final order shall be
				mailed to the vendor by certified mail, return receipt requested.
8.5. The vendor may appeal the Director's
				final order within thirty days of receipt of the order in accordance with the
				provisions of W. Va. Code §
									29A-5-4.
				If the vendor does not appeal the Director's final order within thirty days of
				receipt, the order is final.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-10 - Procedure for Providing Written Notification of Claims › Section 115-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the
				requirements and processes for insured entities to properly and promptly notify
				the West Virginia Board of Risk and Insurance Management of any incident or
				claim under any of the coverages provided by the Board.
1.2. Authority. -- W. Va. Code §
									29-12-5.
1.3. Filing Date. -- August 18,
				2020.
1.4. Effective Date. --
				September 18, 2020.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-10 - Procedure for Providing Written Notification of Claims › Section 115-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Risk and Insurance Management.
2.2.
				"Claim" means a demand for money or services made by a policyholder pursuant to
				the terms and conditions of an insurance policy or by a third-party against a
				policyholder.
2.3. "Employee" means
				any officer, agent, employee, or servant, whether compensated or not, whether
				full-time or not, who is authorized to act and is acting within the scope of
				his or her employment for an "insured entity." "Employee" includes any elected
				or appointed official of an "insured entity," but does not include an
				independent contractor of an "insured entity."
2.4. "Incident" means any activity, whether
				participated in by an employee, observed by an employee, or made known to an
				employee, and whether intentional or unintentional, which has or might have
				resulted in physical damage to another or to another's property and which has
				the potential for resulting in a claim against the state of West Virginia for
				damages.
2.5. "Insurance Loss
				Notice Form" means the claim form created and updated from time to time by the
				Board and available on the Board's website or upon request to the Board for
				purposes of reporting incidents, claims, or lawsuits to the Board.
2.6. "Insured entity" for purposes of this
				rule means the following entities insured through the Board:
2.6.1. The State of West Virginia, consisting
				of the legislative, judicial and executive branches of government, including
				all its boards, commissions, councils, authorities, institutions, universities,
				colleges, schools, departments, divisions, and agencies; and
2.6.2. Any political subdivision, charitable
				or public service organization, or emergency medical service agency as defined
				in W. Va. Code §
										29-12-5
				which is insured through the public entities insurance program.
West Virginia Code of State Rules › Agency 115 - Risk And Insurance Management › Title 115 - LEGISLATIVE RULES STATE BOARD OF RISK AND INSURANCE MANAGEMENT › Series 115-10 - Procedure for Providing Written Notification of Claims › Section 115-10-3 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Every insured entity shall establish a contact person within the insured entity
				to facilitate proper and timely reporting to the Board of all incidents,
				claims, or lawsuits. Each insured entity shall notify the Board's claim manager
				when the contact person is established or changed, and shall provide the name,
				telephone number, mailing address, and email address for the contact
				person.
3.2. Every insured entity
				shall establish internal claim reporting procedures to ensure timely reporting
				to the board of all incidents, claims, or lawsuits.
3.3. When practicable, the insured entities
				shall report all incidents, claims, or lawsuits to the Board by completing the
				insurance loss notice form and immediately submitting the completed form to the
				Board by the methods set forth in subsection 4.6. of this rule.
3.4. If the insured entity is unable to
				access the insurance loss notice form, the insured entity should instead notify
				the Board of the incident, claim, or lawsuit by sending written correspondence
				by any of the methods in subsection 4.5. that includes the following:
3.4.1. Name and mailing address of the
				insured entity;
3.4.2. The insured
				entity's certificate of insurance number that has been assigned to the insured
				entity by the Board;
3.4.3. The
				name of the insured entity's contact person including his or her contact
				information;
3.4.4. The date of the
				incident and a brief description of the incident;
3.4.5. The name of the person who was injured
				or damaged including known contact information for the person;
3.4.6. The nature of any injuries or damages;
				and
3.4.7. The name and contact
				information of the individual making the report.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-01 - Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Hospital Finance Authority › Section 116-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes the fee schedule and the allocation of costs applicable to the issuance of bonds of the West Virginia Hospital Finance Authority.
1.2. Authority. -- W. Va. Code §
									16-29A-5(e).
1.3. Filing Date. -- May 7, 2007.
1.4. Effective Date. -- May 7, 2007.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-01 - Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Hospital Finance Authority › Section 116-1-2 - Establishment Of Fee Schedule For The Issuance Of Bonds Of West VirginiaHospital Finance Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Pursuant to the provisions of West Virginia Code § 16-29A-5(e), the West Virginia Hospital Finance Authority establishes the following fee schedule for the issuance of the bonds of the Authority:
Fee Schedule
For Single Projects (projects involving only one (1) hospital in only one (1) county):
Initial Fee
$300.00 per million dollars issued
$45,000.00 maximum fee
Annual Fee
Maximum of 1/20th of 1% of bonds outstanding
For Financing Pools and Multi-County Projects (projects involving more than one (1) hospital or involving one (1) hospital in more than one (1) county:
Initial Fee
$600.00 per million dollars issued for the first ten million dollars ($10,000,000) of an issue
$375.00 per million dollars issued over the first ten million dollars of an issue
$5,000.00 minimum fee
Annual Fee
Maximum of 1/20th of 1% of bonds outstanding
For Refunding Bonds of the Authority:
Initial Fee
$2,000.00
Annual Fee
Maximum of 1/20th of 1% of bonds outstanding.
2.2. The initial fees will be applied in proportion to any fraction of a million dollars issued.
2.3. The annual fees may be waived or reduced by the Authority as provided for in Section 2.5 of this Rule.
2.4. The initial fees are payable at closing out of the proceeds of the bond issue.
2.5. The Authority may waive or reduce the annual fees if the Authority determines that the fees are not needed for the payment of the operating expenses of the Authority: Provided, That in no event shall the annual fee of an issue exceed the issue's proportionate share of the projected operating expenses of the Authority for the year of assessment as the expenses are shown in the proposed budget adopted by the Authority for the year of assessment: Provided however, That in no event shall the annual fee established in this Section for an issue exceed 1/20th of 1% of the bonds outstanding for that issue.
2.6. The annual fees are payable annually on or about September 30 of each year, the date to be as determined by the Authority.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-01 - Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Hospital Finance Authority › Section 116-1-3 - Allocation Of Costs Applicable To Issuance Of Bonds Of West Virginia Hospital Finance Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Authority may allocate any or all costs incurred by the Authority that can be directly attributed to a bond issue pending before the Authority to that bond issue and the allocated costs shall be paid at closing out of the proceeds of that bond issue. All allocated costs are in addition to the fees established in Section 2 of this Rule.
3.2. Without limiting in any manner the costs that may be allocated pursuant to Section 3.1 of this Rule, the Authority may allocate any or all legal and other professional fees incurred by the Authority that can be directly attributed to a bond issue to that bond issue and the legal and other professional fees allocated shall be paid at closing out of the proceeds of that bond issue. All costs allocated shall be in addition to the fees established in Section 2 of this Rule.
3.3. In the event that a bond issue is not consummated for any reason, whether by action of the Authority or otherwise, the Authority may allocate any or all costs incurred by the Authority that can be directly attributed to the bond issue, including any legal and other professional fees, to that bond issue and the costs allocated shall be paid by the hospital, corporation, association or other entity, if any, that proposed or requested the bond issue.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-01 - Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Hospital Finance Authority › Section 116-1-4 - Amendment Of Fee Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
.
4.1. The Authority may amend, in accordance with law, the fee schedule by the affirmative vote of four (4) board members and any amendment shall be binding and applicable to all issues outstanding at the time of the action and to all subsequent issues: Provided, That in no event shall the annual fees established in this Rule exceed an issue's proportionate share of the projected operating expenses of the Authority for the year of assessment as shown in the proposed budget adopted by the Authority for the year of assessment: Provided further, That in no event shall the annual fee established in this Rule for an issue exceed 1/20th of 1% of the bonds outstanding for the issue.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-02 - Establishment Of Procedures For Giving Notice To The Public And Media Of Meetings Of The WV Hospital Fiannce Authority › Section 116-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule establishes the procedures for giving notice to the public and media of meetings of the West Virginia Hospital Finance Authority.
1.2. Authority. -- W. Va. Code '16-29A-5 and '6-9A-3
1.3. Filing Date. -- December 2, 1988
1.4. Effective Date. -- January 3, 1989
1.5. Repeal of Former Rule. -- (Not applicable)
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-02 - Establishment Of Procedures For Giving Notice To The Public And Media Of Meetings Of The WV Hospital Fiannce Authority › Section 116-2-2 - Procedure For Giving Notice Of Regular Meetings Of The West Virginia Hospital Finance Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Chairman of the West Virginia Hospital Finance Board (the "Board") shall cause to be filed in the Office of the Secretary of State for publication in the State Register a notice of each regular meeting of the Board. Each notice shall state the time, place, and purpose of the regular meeting of the Board and shall be filed in a manner to allow each notice to appear in the State register at least five (5) days prior to the date of the meeting.
2.2. In addition to the filing prescribed in 2.1, the Chairman may cause a copy of the notice described in 2.1 to be delivered to the Capitol News Service and the Chairman may also send copies of said notice to any and all agencies, associations and persons that might be interested in such regular meeting.
2.3. In the event that there is a change in the information contained in a notice described in 2.1, the Chairman shall cause a revised notice to be filed in the Office of the Secretary of State and copies of the revised notice to be delivered to the Capitol News Service and all other agencies, associations and persons that received the initial notice. The said revised notice shall contain all of the information, as revised, regarding the time, place and purpose of the regular meeting.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-02 - Establishment Of Procedures For Giving Notice To The Public And Media Of Meetings Of The WV Hospital Fiannce Authority › Section 116-2-3 - Procedure For Giving Notice Of Special Meetings Of The West Virginia Hospital Finance Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. As soon as practicable after a special meeting of the Board has been properly called, the Chairman of the Board shall cause to be filed in the Office of the Secretary of State for publication in the State Register a notice of each special meeting of the Board. Each notice shall state the time, place and purpose of such special meeting of the Board and shall be filed in a manner to allow each notice to appear in the State Register at least five (5) days prior to the date of the meeting.
3.2. In addition to the filing prescribed in 3.1, the Chairman may cause a copy of the notice described in 3.1 to be delivered to the Capitol News Service and the Chairman may also send copies of said notice to any and all agencies, associations and persons that might be interested in such special meeting.
3.3. In the event that there is a change in the information contained in a notice described in 3.1, the Chairman shall cause a revised notice to be filed in the Office of the Secretary of State and copies of the revised notice to be delivered to the Capitol News Service and all other agencies, associations and persons that received the initial notice. The said revised notice shall contain all of the information, as revised, regarding the time, place and purpose of the special meeting.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-02 - Establishment Of Procedures For Giving Notice To The Public And Media Of Meetings Of The WV Hospital Fiannce Authority › Section 116-2-4 - Publication Of Notice Of Meeting At Which Bond Issue Will Be Finally Considered

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In addition to the procedures set forth hereinabove, for all meetings at which a bond issue will be finally considered, whether said meeting be a regular or special meeting, the Chairman may, if time allows, cause a notice of said meeting to be published at least ten (10) days prior to such meeting as a Class I legal advertisement published in accordance with West Virginia Code '59-3-1, et seq. in a qualified newspaper having a general circulation in Kanawha County, West Virginia. The notice required herein shall set forth the time, place and the purpose or purposes of the meeting, including the final consideration of the bond issue or issues. The failure to publish such a notice shall in no manner invalidate any action taken at such meeting.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-02 - Establishment Of Procedures For Giving Notice To The Public And Media Of Meetings Of The WV Hospital Fiannce Authority › Section 116-2-5 - Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In the event of an emergency requiring immediate official action, the Chairman may cause to be filed in the Office of the Secretary of State an emergency meeting notice at any time prior to the meeting. The emergency meeting notice shall state the time, place and purpose of the meeting and the facts and circumstances of the emergency. No other notice shall be required to be given to the public or media of such emergency meeting, notwithstanding any other provision herein to the contrary.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-03 - Establishment Of Uniform Procedures And Guidelines For Hospital Financings By WV Hospital Finance Auth › Section 116-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Matters addressed in these rules are as follows:
(a) Application requirements;
(b) Requirements for giving the Authority advance notice of (1) key planning and drafting meetings and calls and (2) other important action needed in the financing including action by the Authority Board;
(c) Requirements for providing the Authority drafts of financing agreements and other documents to be used in the financing; and
(d) Requirements for providing the Authority and its advisors with additional information regarding the hospital, the financing and related matters.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-03 - Establishment Of Uniform Procedures And Guidelines For Hospital Financings By WV Hospital Finance Auth › Section 116-3-2 - Application Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. To apply for financing through the Authority, a hospital must provide the Authority the following items:
(a) A letter of intent that (1) briefly summarizes the proposed financing, (2) requests the Authority's assistance and (3) acknowledges that the Authority's fee schedule will apply to the Authority's evaluation of and other involvement in the financing.
(b) A written application, signed by a duly authorized officer of the hospital, that provides the following information:
(1) The legal name, street address and mailing address of the hospital making the application.
(2) The legal name, street address and mailing address of any other hospital or entity of which the applying hospital is a division or subsidiary or with it is legally affiliated.
(3) The names and addresses of:
(A) The hospital's independent auditor.
(B) The hospital's general counsel.
(C) The proposed underwriter(s) and bond counsel (if any) for the financing.
(D) The hospital's feasibility consultant (if new construction is to be financed).
(E) The hospital's financial advisor (if any).
(4) A description of the financing, including:
(A) Amount.
(B) Purpose(s).
(C) Plans for placing or marketing bonds.
(D) Plans (if any) for obtaining credit rating(s) for the bonds.
(E) A statement as to whether the bonds are to be "book entry" bonds, and, if not, an explanation of the reasons for using certificate bonds.
(F) If outstanding bonds or other obligations are to be refunded or refinanced, a summary of the key terms of such bonds or obligations.
(G) The proposed time schedule for financing.
(H) Estimated costs of issuance, including:
(i) Bond Counsel
(ii) Hospital Counsel
(iii) Rating Agency Fee(s)
(iv) Authority's Counsel
(v) Authority's Fee
(vi) Bond Trustee
(vii) Bank's Counsel
(viii) Accountants
(ix) Tender Agent
(x) Printing Bonds
(xi) Printing POS/OS
(xii) Underwriter's Counsel
(xiii) Other
(xiv) Any other material aspects of the proposed financing that the hospital believes the Authority should consider.
(5) Verification (preferably from U.S. Internal Revenue Service) of the hospital's tax status.
(6) A copy of the hospital's most recent interim financial statements.
(7) A brief summary of the key terms of outstanding loans and other obligations that are material, without limitation, the payment terms, security provisions and restructure covenants of a material nature should be described.
(8) A copy of each Certificate(s) of Need relating to any project(s) or item(s) to be financed.
(c) If the hospital is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, a completed questionnaire regarding Tax-Exempt Financings of 501(c)(3) Health Care Facilities in the form set forth in Appendix A hereto.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-03 - Establishment Of Uniform Procedures And Guidelines For Hospital Financings By WV Hospital Finance Auth › Section 116-3-3 - Advance Notice Of Key Meetings And Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The hospital shall give the Authority at least ten (10) business days advance notice of all planning and drafting sessions for the financing and of all key actions required for the financing, including meetings and actions of the Board.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-03 - Establishment Of Uniform Procedures And Guidelines For Hospital Financings By WV Hospital Finance Auth › Section 116-3-4 - Drafts Of Financing Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Throughout the financing the hospital shall provide the Authority (or cause it to be provided) copies of drafts of any and all material agreements and documents for the financing, in sufficient time to allow the Authority and its counsel at least five (5) business days to review such drafts before commenting or acting upon them.
West Virginia Code of State Rules › Agency 116 - Hospital Finance Authority › Title 116 - LEGISLATIVE RULE HOSPITAL FINANCE AUTHORITY › Series 116-03 - Establishment Of Uniform Procedures And Guidelines For Hospital Financings By WV Hospital Finance Auth › Section 116-3-5 - Additional And Updated Information

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The hospital shall provide the Authority and its counsel and any other designated advisors with such additional information as shall be necessary or appropriate to evaluate or consummate the proposed financing, and shall promptly provide the Authority updated information whenever there has been a material change in previously furnished plans, information or documents.
FORM MAY BE OBTAINED FROM SECRETARY OF STATE'S OFFICE
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-01 - General Administration Of The WV Capital Company Act: Establishment Of The Application Procedures To Implement The Act › Section 117-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule is promulgated to provide for the general administration of
				the West Virginia Capital Company Act. The West Virginia Capital Company Act
				was created to encourage the immediate investment in West Virginia businesses
				by making tax credits available to the investors in Qualified West Virginia
				Capital Companies. The Act gives the West Virginia Economic Development
				Authority the authority to designate eligible Capital Companies as qualified
				for the tax credits and sets forth the manner by which the companies must
				invest their capital base in West Virginia businesses. This Rule establishes
				the application procedure for such designation by the Authority, the general
				requirements for Qualified Companies, and the process for the authorization and
				use of tax credits.
1.2. Authority.
				-- W. Va. Code §§
									29A-1-2(d)
				and
				5E-1-5.
1.3. Filing Date. -- May 7, 2002.
1.4. Effective Date. -- May 8,
				2002.
1.5. Citation. -- This
				Legislative Rule may be cited as 117 C.S.R., Series 1, §117-1-
				(____).
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-01 - General Administration Of The WV Capital Company Act: Establishment Of The Application Procedures To Implement The Act › Section 117-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Capital Company Act, W. Va. Code §
									5E-1-1 et
				seq.
2.2. "Applicant" means
(1) a profit or non-profit entity, organized
				and existing under the laws of West Virginia, which is created for the purpose
				of making capital available for qualified investmentsor
(2) a West Virginia business development
				corporation created pursuant to W. Va. Code §
										31-14-1
				et seq., that seeks to be designated by the Authority as a Qualified Company.
				For purposes of this definition, entity includes, but is not limited to, a
				corporation (including an S Corporation), a partnership, a limited liability
				company and a trust.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-01 - General Administration Of The WV Capital Company Act: Establishment Of The Application Procedures To Implement The Act › Section 117-1-4 - Additional Tax Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Separate Capital Base.
4.1.a. General Rule;
				Amount. -- During each fiscal year, a Qualified Company may apply to the
				Authority to have a separate capital base designated as qualified. A separate
				capital base shall be in the amount of at least One Million Dollars but may not
				exceed Four Million Dollars.
4.1.b.
				Application Requirements. -- The Qualified Company shall file an application on
				the form provided for in Subsection 3.3 of this Rule and shall provide the
				information required for Applicants under that Subsection, as it applies to the
				Qualified Company's separate capital base, with all references in the
				application to Applicants, investors, capital bases and designation as a
				Qualified Company being read to apply to Qualified Companies applying to have a
				separate capital base designated as qualified, investors in the separate
				capital base, the separate capital base sought and designation as qualified of
				the separate capital base, respectively, and shall also amend its original
				application to reflect any changes in the information that it initially filed
				with the Authority.
4.1.c.
				Application; Receipt; Review; Action; Tax Credit Allocation. -- The provisions
				of Subsections 3.4 through 3.14 of this Rule apply to the application process,
				receipt and acceptance of applications, review of applications by the Director,
				action by the Authority and allocation of tax credits, with all references in
				Subsections 3.4 through 3.14 to Applicants and applications being read to apply
				to Qualified Companies applying for designation as qualified of a separate
				capital base and applications therefor, respectively.
4.1.d. Separate Capital Base; Requirements.
				-- Designation of a separate capital base as qualified will create a separate
				capital base for the Qualified Company. Each separate capital base is subject
				to all investment and reporting requirements of the Act and Sections 6 and 7 of
				this Rule, independent of any other capital base of the Qualified
				Company.
EXAMPLE:Qualified Company, in fiscal year 1991, has a capital
				  base of Two Million Dollars ($2,000,000.00). In fiscal year 1992, Qualified
				  Company may qualify a new and separate capital base (other than its original
				  capital base of $2,000,000.00), pursuant to Subsection 4.1 of this Rule, in an
				  amount of at least One Million Dollars ($1,000,000.00) and not to exceed Four
				  Million Dollars ($4,000,000.00). The new and separate capital base qualified in
				  1992 is governed by the provisions of the Act as amended in 1991 and this Rule,
				  including the 35-55-75 investment schedule of W. Va. Code §
										5E-1-12(a)
				  and Subsection 6.3 of this Rule.
West Virginia Code of State Rules › Agency 117 - Economic Development Authority › Title 117 - PROCEDURAL RULE ECONOMIC DEVELOPMENT AUTHORITY › Series 117-01 - General Administration Of The WV Capital Company Act: Establishment Of The Application Procedures To Implement The Act › Section 117-1-5 - Tax Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Semi-Annual Reports. -- Each Qualified Company shall report to the Tax
				Commissioner and the Authority on a semi-annual basis, and shall file separate
				reports for each separate capital base that is designated as qualified by the
				Authority. In each fiscal year until the Qualified Company is decertified by
				the Authority, a report covering the first and second quarters of the Company's
				fiscal year, and a report covering the third and fourth quarters of the
				Company's fiscal year, shall be submitted to the Authority no later than thirty
				(30) days following the end of the respective two-quarter period. However, the
				initial report need not be submitted until thirty (30) days following the end
				of the first two-quarter period ending more than six (6) months after the
				Company's designation as a Qualified Company or the designation as qualified of
				the separate capital base. The initial report shall contain the following
				information:
5.1.a. The name of each investor
				in the Qualified Company who has received, or is to receive, a tax credit as
				the result of investment in the subject capital base;
5.1.b. The amount of each investor's
				investment in the subject capital base and the date on which the investment was
				made;
5.1.c. The amount of tax
				credit allowed to the investor as the result of investment in the subject
				capital base;
5.1.d. All Qualified
				Investments the Qualified Company has made;
5.1.e. In the case of a Qualified Company
				which is a SBIC, a statement as to the compliance by the SBIC with the Small
				Business Investment Act of 1958, 15 U.S.C. §§ 661 et seq., as
				amended, and the federal regulations promulgated under that Act, as well as a
				copy of the status or results of any examinations, audits or investigations
				conducted by or on behalf of the U.S. Small Business Administration with regard
				to compliance by the SBIC; and
5.1.f. Any additional information requested
				by the Authority.
5.1.g. Each
				subsequent report shall contain only changes or additions in information from
				the initial report.