W. Va. Code R. § 112-19-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 112-19-2 - Definitions

2.1. "Account" means the savings account established for an individual Hope Scholarship student, into which the Board deposits the Hope Scholarship funds allocated to said student pursuant to W. Va. Code § 18-31-6.

2.2. "Account holder" means the person designated and authorized to administer and manage a Hope Scholarship student's account according to the legislative rules of the board.

2.3. "Account violation" means any violation or attempted violation of W. Va. Code § 18-31-1et seq., W. Va. C.S.R. § 112-18-1et. seq., or other Hope Scholarship Program requirements by an account holder, parent, or student. The term also includes violation of any applicable criminal law involving Hope Scholarship funds or program resources by an account holder, parent, or student.

2.4. "Board" means the Hope Scholarship Board established in W. Va. Code § 18-31-3.

2.5. "Control employee" means any employee or officer of an educational service provider entity who meets at least one of the following:

2.5.1. Owns a fifteen percent or greater equity, capital, or profits interest in the provider;

2.5.2. Collects a salary from the provider that is equal to or greater than fifteen percent of the provider's gross income;

2.5.3. Is an officer or director of the provider, or has the ability to withdraw funds from the provider's bank accounts into which Hope Scholarship funds are deposited; or

2.5.4. Is an employee of the provider, receives monetary compensation from the provider, and is an immediate family member of 50% or more of the students receiving goods or services from the provider.

2.6. "Education service provider" or "provider" means a person or organization that the Board authorizes to receive Hope Scholarship funds as payment for providing educational services to Hope Scholarship students.

2.7. "Freeze" means an action taken with regard to a Hope Scholarship account, or with regard to a Hope Scholarship provider's portal account, that prevents the individual or provider suspected of a program violation from signing into or accessing the account for any purpose. With regard to a provider, a freeze also includes suspending the approved provider status of that provider.

2.8. "Hold" means an action taken with regard to a Hope Scholarship account, or with regard to a Hope Scholarship provider's portal account, that prevents the individual or provider suspected of a program violation from performing one or more account functions but does not amount to an account freeze.

2.9. "Majority" means a number greater than one-half (1/2) of the total.

2.10. "Parent" means a student's biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a Hope Scholarship student as determined by the Board

2.11. "Program" means the Hope Scholarship Program, established in W. Va. Code § 18-31-1et seq.

2.12. "Provider violation" means any violation or attempted violation of W. Va. Code § 18-31-1et seq.; W. Va. C.S.R. § 112-18-1et. seq., or other Hope Scholarship Program requirements by an educational service provider or vendor. The term also includes violation of any applicable criminal law involving Hope Scholarship funds or program resources.

2.13. "Reasonable suspicion" means actual knowledge of information that, if reasonably believed to be true, would indicate to a reasonable person that an account violation, provider violation, or unlawful sharing is likely to have been attempted or to have occurred.

2.14. "Secretary" means the Secretary to the Hope Scholarship Board.

2.15. "Staff" means the staff members the West Virginia State Treasurer's Office provides to the Hope Scholarship Board, pursuant to W. Va. Code § 18-31-3(d).

2.16. "STO" means the West Virginia State Treasurer's Office.

2.17. "Treasurer" or "Chair" or "Presiding Officer" means the West Virginia State Treasurer.

2.18. "Unlawful sharing of Hope Scholarship funds" or "unlawful sharing" refers to parental or student sharing in Hope Scholarship funds, as prohibited by W. Va. Code § 18-31-7(c).

W. Va. Code R. § 112-19-2