W. Va. Code R. § 155-6-4

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

Section 155-6-4 - Power and Authority

4.1. The Director of Operations may:

4.1.1. Allow agency participation in the Pcard Program;

4.1.2. Require documentation of appropriate accounting and internal control procedures related to Pcard use;

4.1.3. Allow Pcard purchases of transactions not exceeding transaction limits;

4.1.4. Establish the procedures by which spending units may use the Pcard for cash advances;

4.1.5. Monitor spending unit records of transactions;

4.1.6. In joint effort with the Director of the Chief Inspector Division, resolve questions and conflicts regarding procedural matters related to the implementation and administration of the Pcard;

4.1.7. Revoke authority to use a Pcard at any level of use if it is determined that a spending unit is in violation of this rule;

4.1.8. Draft letters and memorandum concerning Pcard policies and procedures and changes in the program;

4.1.9. Maintain a current cardholder list;

4.1.10. Coordinate contractual agreements between the Provider and the State of West Virginia;

4.1.11. Receive, review and approve new Pcard application forms and cardholder maintenance forms reflecting cancellations or other changes to cardholder information;

4.1.12. Maintain a Pcard coordinator list;

4.1.13. Advise and train coordinators and cardholders in correct business usage of the Pcard;

4.1.14. Authorize cardholder renewals;

4.1.15. Approve all permanent limit changes for cardholders and spending units as requested by the coordinators;

4.1.16. Research new applications for the Pcard;

4.1.17. Assist spending units with establishing Pcard Programs;

4.1.18. Assist point of sale vendors who wish to participate in the Pcard Program;

4.1.19. Direct the Pcard provider to restrict a point of sale vendor from using the program when the restriction is in the best interest of the State;

4.1.20. Establish procedures for documenting, reconciling and paying invoices for Pcard transactions;

4.1.21. Approve the format of Pcard provider invoices;

4.1.22. Monitor available credit by spending units on a periodic basis, and, when necessary intervene with the provider and/or spending unit to prevent a spending unit from exceeding the maximum credit level; and

4.1.23. Market the program to spending units and the general public.

4.2. The Director of the Chief Inspector Division may:

4.2.1. Establish the manner of inspection and review of all records and reconciliation of documents associated with Pcard transactions;

4.2.2. Conduct inspections and reviews associated with Pcard transactions;

4.2.3. Require documentation of appropriate accounting and internal control procedures;

4.2.4. Determine that goods and services purchased are properly received;

4.2.5. Determine if Pcard transactions are in compliance with applicable law, rules and regulations, and policies and procedures and other governing instruments;

4.2.6. In joint effort with the Director of Operations, resolve questions and conflicts regarding procedural matters related to the implementation and administration of the Pcard;

4.2.7. Revoke authority to use Pcards at any level of use if it is determined that a spending unit is in violation of this rule.

4.3. Purchasing Card Coordinators:

4.3.1. Each spending unit's Chief Financial Officer or his or her designee shall serve as the spending unit Pcard Coordinator and shall determine to whom Pcards will be issued.

4.3.1.a. Pcard Coordinators may restrict usage of the Pcard consistent with the needs of the spending unit.

4.3.1.b. A Pcard Coordinator shall maintain appropriate accounting and internal control procedures for his or her spending unit.

4.4. Administrative Penalties:

4.4.1 The Auditor and the Division shall, immediately and without the necessity of giving any notice to Spending Unit, have the right to offset the amount of any unpaid, past-due billing invoice, together with interest and penalties accrued thereon, against any state funding source except school aid funding provided pursuant to § 18a-9a-1et. seq. Offset will apply against any other funding source, including but not limited to public utility funds, payable pursuant to § 11-66-1et. seq. and § 11-6-1et. seq., rebate funds payable pursuant to § 6-9-2b, and any other funds due the Spending Unit from the State in the event the Entity's purchasing card bill remains unpaid sixty (60) days after the end of the billing cycle. The offset amount will include the full amount of any such unpaid and past due invoice owed the Vendor and any interest authorized by law as well as any late penalty. If the Spending Unit does not pay the invoice by the due date the Auditor may also suspend or terminate the Spending Unit's participation in the program.

4.4.2 If the Spending Unit has not established adequate internal controls; failed to properly monitor internal controls; failed to adequately safeguard cards and card numbers; or there were an inordinate amount of potentially fraudulent transactions on the Purchasing Cards maintained by the entity; the State Auditor may suspend or terminate the Spending Unit's participation in the program.

W. Va. Code R. § 155-6-4