Title 163 W. Va. C.S.R.

Office of Technology Office of Technology

Series 01 Procedures for Sanitization, Retirement and Disposition of Information Technology Equipment

W. Va. Code R. § 163-1-1 General

1.1. Scope. - This legislative rule, promulgated pursuant to W.Va. Code §5A-6-4 (a)(14), establishes and clarifies the procedures for the West Virginia Department of Administration Office of Technology, for the cleansing of devices and the retirement, transfer, disposition, decommissioning, disposal, reuse, recycling, refurbishing, and/or redistribution of information technology equipment.

1.2. Authority. -- §5A-6-4(a)(14).

1.3. Filing Date. -- April 13, 2015.

1.4. Effective Date. -- July 1, 2015.

W. Va. Code R. § 163-1-2 Applicability

2.1. This legislative rule applies to all spending units of the executive branch of state government except those exempt in W.Va. Code §5A-6-8 and any other entity specifically exempt by statute.

W. Va. Code R. § 163-1-3 Definitions

3.1. “Authorized Methods of Disposal” means methods to dispose of information technology equipment authorized by the WVOT.

3.2. “Certified Information Technology Refurbisher” means an individual approved by the Office of Technology to refurbish information technology equipment.

3.3. “Cleansing” means the removal, destruction, and elimination of any data.

3.4. “Information Technology Equipment” includes, but is not limited to: Computers, desktops, laptops, tablets, cell phones, smart phones, printers, photocopiers, cathode raytube (CRT) monitors, liquid crystal display (LCD) monitors, network switches, network routers, facsimile (FAX) machines, scanners, microfiche, cameras, data cards, servers, magnetic tape devices, diskette readers/writers, compact disk readers/writers/players, Telecom and analog phones, keyboards, mice and other peripherals, medical equipment with memory or storage, and mailing equipment with memory.

3.5. “Internal Reuse or Recycling” means technology equipment that has been cleansed and 163CSR1 will be used by another state entity.

3.6. “NIST” means the National Institute of Standards and Technology. 3.7 “Recycle” means the process of disposing of raw materials or unusable equipment.

3.8. “Refurbish” means the cleansing and repair of equipment for further use when the equipment has a working life remaining.

3.9. “Reuse” means the removal of parts from one commodity for use in the creation or repair of another commodity.

3.10. “State Authorized Recycler” means recycler authorized by the WVOT to recycle Information Technology Equipment.

3.11. “Statewide Management System” means the computer system maintained by the State of West Virginia to identify all assets owned by the State.

3.12. “WVOT” means the West Virginia Office of Technology within the Department of Administration.

W. Va. Code R. § 163-1-4 Cleansing

4.1. The WVOT may use certified technology refurbishers to aid in media cleansing when needed.

4.2. The WVOT or certified technology refurbisher must ensure that information technology equipment is cleansed before transported to the location where the device will be used.

4.3. Cleansing must be done in accordance with NIST standards.

4.4. Information technology equipment that must be cleansed includes any equipment that contains or may contain any confidential, privileged or sensitive data of any kind.

4.5. If the information technology equipment is malfunctioning or technicians are unable to cleanse the device, then the WVOT or certified technology refurbisher must remove the datacontaining drive or equipment and physically destroy it by shredding, melting, drilling, or any other method that would render the information technology equipment permanently inoperable and the data inaccessible.

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W. Va. Code R. § 163-1-5 Internal Reuse / Recycling

5.1. All internal reuse of information technology equipment must be done by the WVOT or certified information technology refurbisher. All internal reuse must be documented and the document must include the spending unit name, tag number of device, brand, model, serial number, and date of purchase.

5.2. Any WVOT authorized internal reuse or recycling must provide a benefit to the State of West Virginia.

5.3. The WVOT, or certified information technology refurbisher must identify the technician who will reuse the technology device and assure that person is qualified to remove and reinstall the parts.

5.4. If the WVOT, certified information technology refurbisher, or state authorized recycler must dispose of the residual components of the device, they shall use authorized methods of disposal.

W. Va. Code R. § 163-1-6 Retirement to the WVOT

6.1. All spending units must submit a request to retire Information Technology Equipment to the West Virginia Office of Surplus Property, hereafter “Surplus”.

6.2. Once the retirement is approved by Surplus, the spending unit will complete the appropriate WVOT-provided form with all required information and return the form to the WVOT to arrange for collection of the retired equipment. This form will be maintained on the WVOT website.

6.3. Upon receipt of a fully and accurately completed form for collection of equipment, the WVOT will work with the agency to make arrangements to collect the retired information technology equipment at an agreed-upon date and time. Best efforts will be made to collect the equipment within sixty days of receipt of the fully and accurately completed form.

6.4. After evaluation of the equipment, the WVOT will determine the final disposition of the information technology equipment.

W. Va. Code R. § 163-1-7 Final Disposition

7.1. The WVOT will maintain an inventory of information technology equipment and its disposition. The inventory will be available to spending units wishing to acquire information technology equipment. The inventory will be provided upon request to the WVOT.

7.2. Once the information technology equipment is retired, the WVOT may:

7.2.a. distribute or transfer the information technology equipment for reuse by another state spending unit;

7.2.b. send the information technology equipment to a state authorized recycler;

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7.2.c. send the information technology equipment to a certified information technology refurbisher; or

7.2.d. dispose of the information technology equipment in accordance with NIST standards.

7.3. Information technology equipment will be distributed within the State of West Virginia when it is deemed to be in the best interest of the state. Information technology equipment may only be put back into service if it meets current minimum standards set by the WVOT.

Series 02 Chief Information Officer Review

W. Va. Code R. § 163-2-1 General Provisions

1.1. Scope. -- This legislative rule establishes requirements relating to the review and management of technology projects.

1.2. Authority. -- W. Va. Code §5A-6-4, 5A-6-5, and 5A-6-6.

1.3. Filing Date. -- March 2, 2022.

1.4. Effective Date. -- March 2, 2022.

1.5. Sunset Provision: This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 163-2-2 Definitions

2.1. “Technology project” means a project where technology is a significant component and is valued at $250,000 or more, or will involve sensitive or restricted data. Technology projects include but are not limited to hardware, software, consulting services, and maintenance investments.

W. Va. Code R. § 163-2-3 Chief Information Officer review of technology projects

3.1. The Chief Information Officer shall assign the Project Management Office technology projects submitted for review and approval. The Project Management Office shall provide a recommendation to the Chief Information Officer for approval of the project.

W. Va. Code R. § 163-2-4 Steering Committee Oversight of Technology Projects

4.1. The Chief Information Officer may create steering committees for approved technology projects as needed.

4.2. A steering committee shall consist of no more than seven key decision makers, representing the West Virginia Office of Technology and the Agency. The steering committee shall be made up of the Chief Information Officer or his or her designee, the assigned Office of Technology project manager, the agency head or his or her designee, the agency’s financial or budget representative, the agency’s business process representative, the agency’s technical project owner, plus any other members necessary to the technology project. The Chief Information Officer may approve alternative members of the steering committee on a case by case basis. 4.3 The steering committee shall be charged with oversight and decision making of a specific technology project.

4.3.1. The steering committee shall oversee the development of the solicitation necessary for the project and be responsible for submitting the project for requisition review prescribed by statute and administrative rule.

4.3.2. The steering committee shall collect information about the project needed for technology portfolio management by the Project Management Office.

4.3.3. The steering committee shall submit any necessary information about the project to the Cyber Security Risk Program via the Program’s online tool.

W. Va. Code R. § 163-2-5 Chief Information Officer review of technology procurements

5.1. Agencies shall submit all proposed technology procurements to the Chief Information Officer for review prior to submitting the procurement documentation for the investment to the Purchasing Division.

5.1.2. The Chief Information Officer’s review of the procurement shall focus on the cost and its suitability within the overall environment of both the agency and the State as a whole in relation to integration and communications with existing systems.

5.1.2.a. The Chief Information Officer shall set by policy the threshold for the value of technology procurement to be reviewed. The Chief Information Officer may provide form approvals or minimum value approvals, however he or she may require project or investment information to be reported by agencies for informational purposes.

5.1.2.b. The review shall include the documentation required by the Purchasing Division and information describing the need for the proposed procurement and any alternative solutions considered.

5.1.3. The Chief Information Officer may recommend an appropriate purchasing method for the proposed procurement.

5.1.4. The Chief Information Officer’s approval of proposed procurements valued at over the threshold value for review shall be attached to any procurement documentation when submitted to the Purchasing Division.

5.2. The Secretary of the Department of Administration may grant exceptions to this review process.

Series 03 Cyber Reporting

W. Va. Code R. § 163-3-1 General Provisions

1.1. Scope. -- This legislative rule establishes requirements relating to reporting of cyber incidents. This rule applies to all executive agencies, constitutional offices, local government entities, and county boards of education, as identified by W.Va. Code §5A-6C-2.

1.2. Authority. -- W. Va. Code §5A-6C-3 and §5A-6B-3.

1.3. Filing Date. -- March 27, 2026.

1.4. Effective Date. -- April 1, 2026.

1.5. Sunset Provision: This rule shall terminate and have no further force or effect upon the expiration of August 1, 2031.

W. Va. Code R. § 163-3-2 Definitions

2.1. “Cyber attack” means an attack via cyberspace, targeting an enterprise’s use of cyberspace for the purpose of disrupting, disabling, destroying, or maliciously controlling a computing environment or infrastructure; or destroying the integrity of data or stealing controlled information.

2.2. “Cybersecurity incident” or “incident” means a violation, or imminent threat of a violation, of computer security policies, acceptable use policies, or standard security practices.

2.3. “Cybersecurity Office” means the office created in W.Va. Code §5A-6B-1.

2.4. “Cyberspace” means a global domain within the information environment consisting of the interdependent network of information systems infrastructures, including the Internet, telecommunications networks, computer systems, or embedded processors and controllers. 2.5 “Entity” means the State of West Virginia, including any department, division, agency, bureau, board, commission, office or authority thereof, any political subdivision of the State of West Virginia including, but not limited to, any county, municipality or school district.

2.6. “Personally Identifiable Information” means any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.

2.7. “Protected Health Information” means individually identifiable health information that is transmitted by electronic media, maintained on electronic media, or transmitted and maintained in any other form or medium. Protected health information does not include individually identifiable health information in education records covered by the Family Education Rights and Privacy Act, as amended, 20 U.S.C. 1232g; records described at 20 U.S.C. 1232g(a)(4)(B)(iv); or employment records held by a covered entity in its role as an employer.

W. Va. Code R. § 163-3-3 Reporting by any entity

3.1. All entities shall report qualified cyber incidents to the Cybersecurity Office via online portal incident.wv.gov within 10 days of discovery of an incident. Notification to the Cybersecurity Office should be made before any citizen notification of the incident.

3.2. The report of a qualified cyber incident shall not include any personally identifiable information (PII), protected health information (PHI), passwords or login information.

W. Va. Code R. § 163-3-4 Reporting by executive branch agencies

4.1. Any executive branch agency that discovers a cyber incident, cyber attack, substantial vulnerability or other electronic threat shall immediately notify the Cybersecurity Office by submitting a report at incident.wv.gov if:

4.1.1. The incident, cyber attack, vulnerability, or threat has an immediate impact on state-owned or state-managed data, systems, or services; or

4.1.2. The incident, cyber attack, vulnerability, or threat can potentially impact state-owned or state-managed data, systems, or services.

Series 04 Plan of Operation

W. Va. Code R. § 163-4-1 General

1.1. Scope -- This legislative rule establishes the plan of operation for the Office of Technology of the Department of Administration for data processing, telecommunication, and central mailing office services. These rules supplement West Virginia Code §5A-6-1 et seq., and must be read in conjunction with this article.

1.2. Authority -- West Virginia Code §5A-6-4.

1.3. Filing Date -- April 21, 2025.

1.4. Effective Date -- April 22, 2025.

1.5. Sunset Date -- This rule shall terminate and have no further force or effect upon August 1, 2030.

W. Va. Code R. § 163-4-2 Applicability

2.1. This legislative rule applies to each spending unit of the executive branch of state government utilizing the services of the Office of Technology.

W. Va. Code R. § 163-4-3 Definitions

3.1. As used in this rule, all terms shall have the same meaning as provided in West Virginia Code §5A-6-2, and as follows:

3.1.1. "Cost center" means expenses related to a specific resource.

3.1.2. "Purchasing Division" means the Purchasing Division of the Department of Administration.

3.1.3. "Resource" means a service or commodity provided by WVOT.

3.1.4. "Revenue center" means a specific type of resource that generates revenue.

3.1.5. "Secretary" means the Secretary of the Department of Administration.

3.1.6. "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 WVOT.

W. Va. Code R. § 163-4-4 Rate Schedules and Invoicing

4.1. Rate Schedules.

WVOT's rate schedules are developed prior to 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 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 affect the rate structure. Rate revisions shall be announced to users prior to implementation.

4.2. Rates for Services.

4.2.1. Each user shall be invoiced for services rendered, with charges to be fixed in a schedule or schedules prepared by the Chief Financial Officer and approved by the Chief Information Officer. The WVOT billing rate is the rate all WVOT users will pay for services.

4.2.2. WVOT charges standard rates for services provided. WVOT calculates standard rates by dividing the known and anticipated fiscal year resource costs by the projected usage expressed in terms of billable units. Billings reflect the most up to date projections of actual costs incurred in the performance of services rendered. Rates may be adjusted to compensate for variances between actual costs and projections.

4.3. Rates for Administrative Charges.

Users may be assessed an administrative service expense fee up to 10%. The fee will be based on each user’s portion of service and usage. The Chief Information Officer will determine the fee percentage.

4.4. Invoicing.

Users will be invoiced on a monthly basis for WVOT services. Invoices will show each chargeable service performed for the user during the previous month in addition to any administrative service fee assessed. Invoices will be provided to each user by the end of each month. An exception to this schedule is when a user's monthly WVOT charges are less than $5.00. Invoices in this category may be held and sent only once a year.

W. Va. Code R. § 163-4-5 Requisition Review

5.1. Technology Procurements.

WVOT shall review all technology procurements prior to purchase. WVOT must approve any procurement requests before an agency submits them to the Purchasing Division. This includes technology procurements such as hardware, software, professional services, and associated maintenance. Documentation should include the justification for the purchase, any alternative solutions considered and the desired contract length and renewals, if appropriate. Exceptions to the review process may be granted by the secretary.

5.2. Procedures for Review.

WVOT’s approval must be attached to the procurement file. When reviewing a purchase, WVOT will examine the cost of the purchase and its suitability within the overall environments of the user and the state in relation to integration and communication with existing systems. The cost of the purchase includes, but is not limited to, all items associated with the procurement effort.

Series 05 Telecommunications Payments Made By State Spending Units

W. Va. Code R. § 163-5-1 General

1.1. Scope. -- This legislative rule provides procedures for the collection of payments from state spending units for telecommunications services as provided in W. Va. Code §5A-6-4(d).

1.2. Authority. -- W. Va. Code §5A-6-4.

1.3. Filing Date. -- April 21, 2025.

1.4. Effective Date. -- April 22, 2025.

1.5. Sunset Date. -- This rule shall terminate and have no further force or effect upon August 1, 2030.

W. Va. Code R. § 163-5-2 Definitions

2.1. As used in this rule, all terms have the same meaning as provided in W. Va. Code §5A-6-2 and as follows:

2.1.1. “Business days” means any day the State of West Virginia is open for business excluding official holidays and emergency closings.

2.1.2. “Components” means any ancillary documentation or backup data (electronic copies, etc.) that are required to complete the apportionment of the charges identified on the invoice.

2.1.3. “Fund Application” means the Office of Technology fund application.

2.1.4. “Invoice” means the vendor’s invoice and any components that list all of the services and charges that WVOT is expected to apportion out to the spending units for reimbursement.

2.1.5. “WVOT” means the West Virginia Office of Technology within the Department of Administration as established in W. Va. Code §5A-6-1.

2.1.6. “Legitimate Uncontested Invoice” means an invoice for shared account telecommunication services that is received by the WVOT which does not include: (1) charges not allowed, either by state law or contractually; (2) lack of 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; or (4) where applicable, charges and services that are not in accordance with contract pricing.

2.1.7. “Office of Technology Fund” means the fund created by West Virginia Code §5A-6-3(b).

2.1.8. “Received” or “receipt” means the date on the invoice or the date the invoice was received electronically, whichever is later.

2.1.9. “Rejected Invoice” means an invoice rejected for processing by WVOT for any of the following reasons: (1) charges not allowed, either by state law or contractually; (2) lack of 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.

2.1.10. “Secretary” means the Secretary of the Department of Administration.

2.1.11. “Shared Account” means an invoice for telecommunications services that includes charges for two or more spending units.

2.1.12. “Spending Unit” means a department, agency, or institution of the state government for which an appropriation is requested, or to which an appropriation is made by the Legislature: Provided, That spending unit does not include the Legislature or the judiciary.

2.1.13. “State Treasury” means any payments that are processed outside of the State’s Enterprise Resource Planning system.

2.1.14. “Statement” means an itemized listing of all telecommunications charges for each spending unit.

2.1.15. “Statement Due Date” means a date indicated on a statement that is the deadline for a spending unit to submit payment to WVOT or transfer to the WVOT Fund the full amount due. The statement due date must be no more than 30 calendar days from the time WVOT mails or emails a statement to the spending unit.

2.1.16. “Telecommunications Change Request” means a request form that is completed by the spending unit for requesting telecommunications services and then submitted to WVOT for processing and authorization.

2.1.17. “Telecommunications Services Expenses” means the expenses associated with the administration costs.

2.1.18. “Vendor” means a vendor supplying telecommunications services to the state and its spending units which is properly registered and qualified and which supplies telecommunication services to two or more spending units under a shared account.

W. Va. Code R. § 163-5-3 Applicability

This legislative rule applies to all spending units that have their telecommunications services billed on the state’s shared account.

W. Va. Code R. § 163-5-4 WVOT Review of Vendor Invoices; Apportionment of Vendor Charges; Statements from WVOT to Spending Units

4.1. Preliminary Review of Vendor Invoice.

4.1.1. WVOT shall receive and review all vendor invoices for telecommunications services provided to spending units through the statewide contract.

4.1.2. All telecommunications invoices will be deemed received by WVOT as of the date on the invoice or the date the invoice was received electronically, whichever is later.

4.2. Rejected Vendor Invoices.

4.2.1. WVOT shall reject any charges if:

4.2.1.a. Any charges are not authorized by law or the contract under which telecommunications services are provided or designated;

4.2.1.b. No specific spending unit is designated for the charge;

4.2.1.c. Any charges are 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 or error in vendor performance; or

4.2.1.d. Any charge or service is not in accordance with the contract pricing.

4.2.2. WVOT will notify the vendor within 45 days of receiving an invoice if any charges are rejected and include in the notice a description of rejected charges and a proposed resolution.

4.3. Charges should be apportioned for payment to the appropriate spending units within 60 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 Chief Information Officer.

4.4. WVOT shall ensure that all statements itemizing the apportioned telecommunications charges by spending units are audited within 30 days and invoiced to agencies within 60 days.

4.5. Statements to Spending Units.

4.5.1. WVOT will submit statements to each spending unit within 60 days from receipt of a legitimate uncontested invoice detailing telecommunications charges. The statement will include: (1) a unique identifier code for each spending unit; (2) a payment or transfer due date; and (3) a detailed listing of all telecommunications charges, including the telecommunications service expense.

4.6. WVOT shall 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 Office of Technology Fund by the required statement due date.

4.7. WVOT will track all statements sent to each spending unit and then apply all payments made against the same.

4.8. WVOT may negotiate on behalf of the spending units any disputed charges.

W. Va. Code R. § 163-5-5 Administrative Service Fee

Assess a telecommunications service expense fee up to 5% to all spending units based on each spending unit’s portion of service and usage. Fee percentage is to be determined by the Chief Information Officer annually.

W. Va. Code R. § 163-5-6 Spending Unit Rights and Responsibilities

6.1. All spending units will be required to complete and have approved a fund application by the date indicated on the application. 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.

6.1.1. Any spending unit with monies 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.

6.2. Contested Charges on a Spending Unit’s Statement from WVOT.

6.2.1. Spending units contesting a statement or any portion of a statement must, nonetheless, remit for payment the entire statement amount to the WVOT fund by the due date on the statement.

6.2.2. The Chief Information Officer, or their designee, must be notified in writing of all disputed charges within 30 days of receipt of the statement by the spending unit.

6.2.3. The spending unit’s written notice to the Chief Information Officer, or their designee, must include: 1) the statement due date, number, and total charges; 2) the contested charges and the reason for contesting the charges; and 3) a proposed resolution.

6.3. Review of Contested Charges.

6.3.1. If the basis of a contested charge is an overcharge, failure on the vendor’s part to terminate services, or other failure in vendor performance, WVOT will withhold the contested amount from the current or future vendor payments, pending resolution of the contest.

6.3.1.a. WVOT will bring the contested matter to the attention of the vendor, in writing within 30 business days from receipt of the spending unit’s notification of contested charges if it cannot be resolved by WVOT internally.

6.3.1.b. Notice to the vendor will include: 1) the account number; 2) invoice number and date; 3) the contested charges and the reason for contesting the charges; and 4) a proposed resolution.

6.3.1.c. Contested charges that cannot be resolved in good faith between the Chief Information Officer and the vendor within 75 days of the receipt of the vendor's invoice will be brought to the attention of the secretary.

6.3.1.d. Within 90 days of the receipt of the vendor’s invoice or a time period mutually agreed to by the vendor and the secretary, the secretary shall make the final decision as to the legitimacy of the contested amount and determine if payment is warranted.

6.3.1.e. If the secretary’s decision is to refuse payment, the vendor may proceed in accordance with the provisions of W. Va. Code §14-2-1 et seq.

6.3.2. The spending unit will be notified of the final determination of any charges that are contested within 10 business days of receipt of the contested charges and appropriate action will be taken by WVOT.

W. Va. Code R. § 163-5-7 Payments to WVOT

7.1. Payments for Services to the Office of Technology Fund.

7.1.1. Spending units are required to submit or transfer payments in full to the WVOT fund by the statement due 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 §163-5-6.3 of this rule for submitting contested charges).

7.2. Payments to the Telecommunications Vendors.

7.2.1. WVOT shall make full payment to the vendor for all legitimate, uncontested telecommunication charges within 90 days of receiving an invoice for telecommunication services.

7.2.2. For the purposes of determining the 90-day time period for payment due date, any payment received by WVOT prior to the date which the invoiced telecommunications services were delivered or fully performed is considered received on the date the covered telecommunications services were delivered or fully performed.

7.3. Late Payments.

7.3.1. In the event a spending unit fails to transfer funds or submit payment in full to the WVOT fund by the statement due date, the secretary shall transfer to the WVOT fund the statement amount plus an additional penalty in the amount of three percent of the statement amount from any funds supporting the administration of that spending unit.

7.3.2. Upon exercising a transfer pursuant to §163-5-7.3.1 of this rule, the Chief Information Officer, or their designee, will notify the spending unit, in writing, of the transfer. Notification will include, but is not limited to, the date, time, total amount of the transfer, statement amount, and penalty amount.

7.3.3. A spending unit that does not have sufficient funds in the State Treasury or depository to make full payment will be notified, in writing, of the insufficiency. The spending unit will have five days from receipt of the notice of insufficiency to make payment in full along with the three percent penalty charge based on the total statement amount.

7.4. Discontinuance of Service.

7.4.1. A spending unit failing to make funds available after five days of receiving a “Notice of Insufficient Funds” may have its telecommunications service discontinued. Prior to discontinuance, the Chief Information Officer shall notify the Joint Committee of Government and Finance and shall, with the approval of the secretary, discontinue services for the agency head of the delinquent spending unit until an acceptable payment plan is submitted and approved by WVOT.

7.4.2. WVOT will provide written notice to a spending unit when a telecommunications vendor has been notified to discontinue services to the spending unit.

7.4.3. If service is discontinued and the spending unit, in turn, makes full payment (including penalty costs), the Chief Information Officer may submit a written direction to the telecommunications vendor to reinstate those services. The spending unit will be responsible for any and all costs associated with any service that is discontinued or discontinued and then reinstated.

7.4.4. Until a spending unit is in good standing it will not be permitted to obtain any new telecommunications services.

W. Va. Code R. § 163-5-8 Vendor Rights and Responsibilities

8.1. 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 WVOT of an authorized and WVOT-approved Telecommunications Change Request form. If a vendor provides new service without the authorized form, WVOT shall not be responsible for the charges.

8.2. Vendor Invoices to WVOT for Telecommunications Services.

8.2.1. All vendors that invoice WVOT on behalf of multiple spending units must submit a consolidated invoice that includes a list of each spending unit represented in the total charges.

8.2.2. All shared account invoices are to be sent electronically to WVOT’s Telecommunications Unit.

8.2.3. Vendors must make reasonable efforts to tender accurate invoices for telecommunication services in a format approved by WVOT. If a vendor submits a supplemental invoice or letter, the charges included in the supplemental invoice or letter must also be included in the vendor’s invoices for the next two billing cycles from the date of a contested charge. This ensures invoice balances are up to date and for legitimate charges.