W. Va. Code R. § 148-15-3

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

Section 148-15-3 - Definitions

3.1. Definitions.

(a) "State Agency" means any State department or agency.

(b) "Alternate formats" means formats usable by people with disabilities; may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with the rule.

(c) "Alternate methods" means different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.

(d) "Assistive technology" means any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.

(e) "Electronic technology" means any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information. The term electronic technology includes, but is not limited to, telecommunications products such as telephones, information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

(f) "Information technology" means data processing and telecommunications hardware, software, services, supplies, personnel, maintenance and training, and includes the programs and routines used to employ and control the capabilities of data processing hardware. It also includes any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services, including support service, and related resources.

(g) "Operable controls" means components of a product that requires physical contact for normal operation. Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, or keypads.

(h) "Self Contained, Closed Products" means products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.

(i) "Telecommunications" means any transmission, emission or reception of signs, signals, writings, images or sounds of intelligence of any nature by wire, radio or other electromagnetic or optical systems. The term includes all facilities and equipment performing those functions that are owned, leased or used by the executive agencies of state government. The term also includes the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

(j) "Undue burden" means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.

(k) "ASCII" (American Standard Code for Information Exchange) means a 7-bit code providing 128 character combinations. ASCII is a data processing term to describe a specific format for the data.

(l) "TTY or TDD" means a communication devices that function as text telephones, used by hearing-impaired or speech-impaired, to communicate over regular telephone lines.

(m) "DVD" means a digital video disk.

W. Va. Code R. § 148-15-3