W. Va. Code R. § 158-12-8
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 158-12-8 - Education of Lobbyists Through Required Training Courses8.1. In order to maintain the professional integrity of a lobbyist, enhance the specialized body of knowledge required for the profession, and to maintain registration and engage in lobbying activities, a lobbyist must satisfy the training requirements of this rule and complete one training course during each two-year registration cycle. 8.1.a. Lobbyists who are registered on or after July 1, 2008 shall be required to complete initial training by the Ethics Commission before engaging in lobbying activities. This training may be accomplished in two parts, with the lobbyist receiving written training materials upon completing his or her registration requirements, thereafter participating in training presented by the Ethics Commission in person, by a recorded video presentation or through content presented over the Internet, within 90 days of registering. Thereafter, a lobbyist shall complete at least one training course provided by the Commission, or a public or private provider or a professional lobbying association approved by the Commission, during each two-year registration cycle.8.1.b. A registered lobbyist who fails to complete a training course within the required time period shall be subject to suspension by the Commission and may not engage in lobbying activity until the required training course is completed.8.2. The Commission will provide at least two lobbyist training courses each year, one of which will be held in January.8.3. A written notice for each course provided by the Commission will be sent via U.S. Mail, or electronic mail, when available, to each registered lobbyist and posted on the Commission's website.8.4. The Commission may collect a reasonable fee from each registered lobbyist or prospective lobbyist to offset the costs of providing the training program. 8.4.a. The Commission may adopt a fee schedule which reflects the costs of presenting training through a particular medium such as video teleconference or audio and video recording.8.4.b. The maximum fee charged to any lobbyist or prospective lobbyist for a continuing education training program offered by the Commission shall not exceed one hundred dollars ($100).8.5. Once a registered lobbyist has completed an initial lobbyist training course provided by the Commission, the lobbyist may fulfill the continuing education requirement by completing an approved lobbyist training course provided by another public or private provider or by a professional lobbying association.8.6. Lobbyist training courses sponsored by other organizations may be accredited by the Commission upon the request of a lobbyist in accordance with this rule.8.7. Accreditation for Courses. Only the Commission may accredit courses and programs for purposes of the mandatory continuing education requirements for lobbyists. 8.7.a. To be accredited, a course shall deal primarily with the specialized body of knowledge required by a professional lobbyist or other matters directly related to lobbying (which includes ethics, professional standards, and the administration of lobbyist reporting); it shall be taught by persons who are qualified by practical or academic experience in the subjects covered and preferably should include the distribution of good quality written materials pertaining to the subjects covered.8.7.b. In order to be accredited for satisfying the requirement for continuing education training for lobbyists, a course must be of at least one hour in duration.8.7.c. Ordinarily, the following may not be counted toward this one hour minimum: coffee breaks; introductory remarks; keynote speeches; business meetings; and dinner speeches.8.7.d. The Commission may refuse to accredit or change or remove the accredited status of any provider which misrepresents the extent to which a course or program is qualified under this rule.8.7.e. In cases where accreditation could not be reasonably obtained in advance for a given course, an individual lobbyist may request, in accordance with these rules, accreditation for a course after he or she has attended such course.8.7.f. A written outline or written materials must be presented to the Commission at the time of submission for approval and must be distributed at the course.8.7.g. Any course for which accreditation is sought must be open to observation, without charge, by the members of the Commission and the Commission's staff.8.7.h. The provider must keep records of who attends, and those records must be made available to the Commission upon request.8.7.i. All decisions of the Commission concerning accreditation shall be final.8.8. Lobbyists who complete a continuing education course provided by the Commission will be issued a certificate of completion reflecting the two-year registration cycle for which the course satisfies the training requirement.8.9. A lobbyist who completes an accredited training course provided by an entity other than the Commission is responsible for certifying his or her attendance, within the time limits specified in this rule, on a form to be provided by the Commission. 8.10. For good cause shown, the Commission may, in individual cases involving extreme hardship or extenuating circumstances, grant conditional, partial, or complete exemptions from these lobbyist training requirements.8.11. The Commission may, in its discretion, develop and make available lobbyist training on video cassette, audio cassette, DVD, the Internet, or other electronic or written media. Lobbyists who obtain the required training through any one of these available methods, other than personal attendance at a course provided by the Commission, will be required to certify, on a form provided by the Commission, his or her completion of the annual training requirements.W. Va. Code R. § 158-12-8