Current through Register Vol. XLI, No. 50, December 13, 2024
Section 161-2-6 - Spending Units' Duties and Rights6.1. All spending units will be required to complete and have approved a Fund Application by the date indicated on the application. 6.1.1. Any spending unit with moneys in the state treasury that fails to have an approved Fund Application on file by the required date may be subject to discontinuance of telecommunications services.6.1.2. Any participating spending unit maintaining funds in depositories outside the state treasury shall furnish the Secretary access to those funds for the exclusive purposes of this section. Such spending units are required to file a Fund Application to meet this requirement. Failure to have an approved Fund Application on file by the required date will result in termination of that spending unit's telecommunication services and prohibit any new activity until the Fund Application is provided.6.2. Contested Charges on Statement 6.2.1. Spending units contesting a statement or any portion of a statement, must, nonetheless, remit for payment the entire statement amount to telecommunications services payment and reserve fund by the due date printed on the statement.6.2.2. The Director must be notified, in writing, of all disputed charges within thirty days of receipt of the statement by the spending unit.6.2.3. The spending unit's written notice to the Director must include: 1) the statement date, number and total charges; 2) the contested charges and the reason for contesting the charges; and 3) a proposed resolution.6.3. Review of Contested Charges6.3.1. If the basis of a contested charge is overcharge, service failure, failure on the vendor's part to terminate services as requested or other failure of or error in vendor performance, IS& will withhold the contested amount from the current or future vendor payments, pending resolution of the contest. 6.3.1.1. IS& C will bring the contested matter to the attention of the vendor, in writing within ten business days from receipt of the spending unit's notification of contested charges.6.3.1.2. Notice to the vendor will include: 2) invoice number and date; 3) the contested charges and the reason for contesting the charges; and 3) a proposed resolution.6.3.1.3. Contested charges that cannot be resolved in good faith between the Director and the vendor within seventy-five days of the receipt of vendor's invoice will be brought to the attention of the Secretary.6.3.1.4. Within ninety days of the receipt of the vendor's invoice or a time period mutually agreed to by the vendor and the Secretary, the Secretary shall make the final decision as to the legitimacy of the contested amount and determine if payment is warranted.6.3.1.5. f the Secretary's decision is to refuse payment, the vendor may proceed in accordance with the provisions of article two, chapter fourteen of the West Virginia State Code.6.3.2. If the charge being contested is due to the apportionment of the charges, IS& C will submit a written recommendation to the Secretary who will provide a final determination. Should the Secretary find in favor of the spending unit that amount will be applied to the spending unit's next statement.6.3.3. The spending unit will be notified of the final determination of any charges that are contested within ten business days of receipt of the contested charges and appropriate action will be taken by IS& C.