W. Va. Code R. § 133-54-2

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

Section 133-54-2 - Purpose

2.1. The primary purposes of this rule are to:

2.1.a. Ensure communication between individual campuses, the West Virginia Higher Education Policy Commission (Commission), and state leadership and emergency management personnel;

2.1.b. Ensure that institutions have up-to-date emergency procedures, a Continuity of Operations Plan (COOP), and teams in place;

2.1.b.1. Continuity of Operations Plan is defined as an effort within institutions to ensure that Primary Mission Essential Functions (PMEFs) continue to be performed during a wide range of emergencies, including localized acts of nature, accidents and technological or attack-related emergencies. The COOP should include methods and processes by which the critical activities performed by institutions, especially after a disruption of normal activities, may be continued with little or no interruption of essential services.

2.1.b.2. There are two categories of essential functions: Primary Mission Essential Functions (PMEFs), and Mission Essential Functions (MEFs). It is the responsibility of the institution to determine the functions in each category, however the complete plan should address:

2.1.b.2.a. Orders of Succession. Provisions for the assumption of senior agency offices during an emergency in the event that any of those officials are unavailable to execute their legal duties.

2.1.b.2.b. Delegations of Authority. Identification, by position, of the authorities for making policy determinations and decisions at the senior staff level, administrative and faculty levels, staff levels and coordination of services at the student level. Generally, pre-determined delegations of authority will take effect when normal channels of direction have been disrupted and will lapse when these channels have been reestablished.

2.1.b.2.c. Continuity Facilities. Locations, other than the primary facility, used to carry out essential functions, particularly in a continuity event. Continuity Facilities, or "Alternate Facilities", refers to not only other locations, but also nontraditional options such as working at home (teleworking/telecommuting), and mobile-office concepts.

2.1.b.2.d. Continuity Communications. Communications that provide the capability to perform essential functions, in conjunction with other agencies, under all conditions.

2.1.b.2.e. Vital Records Management. The identification, protection and ready availability of electronic and hard copy documents, references, records, information systems, data management software and equipment needed to support essential functions during a continuity situation.

2.1.b.2.f. Human Capital. During a continuity event, emergency employees and/or other pre-determined employees who are activated by an agency to perform assigned response duties.

2.1.b.2.g. Tests, Training, and Exercises. Measures discussed and/or exercised in some manner periodically to ensure that an institution's continuity plan is capable of supporting the continued execution of the institution's essential functions throughout the duration of a continuity event.

2.1.b.2.h. Devolution of Control and Direction. Capability to transfer statutory authority and responsibility for essential functions from an institution's primary operating staff and facilities to other capable institution employees and available facilities.

2.1.b.2.i. Reconstitution. The process by which surviving and/or replacement institution personnel resume normal institutional operations from the original or replacement primary operating facility.

2.1.c. Ensure that institutions make available to the campus community members information on how to respond to emergency situations, make them aware of the COOP, and provide campus safety education and training programs on an on-going basis;

2.1.d. Provide coordination of resources in times of a campus or statewide emergency;

2.1.e. Provide emergency best practices, training, and resources for institutions; and

2.1.f. Provide that individual campuses have a plan and method by which critical and essential operations may continue in times of natural or man made disasters, documents and records are stored and accessible in a protected location, and that an order of succession is identified and authority is delegated to appropriate individuals.

W. Va. Code R. § 133-54-2