§5A-1-11. State Americans with disabilities coordinator

Published: 2015

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WVC 5 A- 1 - 11

§5A-1-11. State Americans with disabilities coordinator.

     (a) There is continued within the Department of Administration

the position of the State Americans with Disabilities Coordinator,

who shall be appointed by the Secretary of the Department of

Administration with input from the chairperson from each of the

following four councils:

     (1) The Developmental Disabilities Council;

     (2) The Statewide Independent Living Council;

     (3) The Mental Health Planning Council; and

     (4) The State Rehabilitation Council.

     (b) The coordinator shall be a full-time employee, and shall

have an in-depth working knowledge of the challenges facing persons

with disabilities. The coordinator may be a current employee of the

Department of Administration or other state agency employee.

     (c) The coordinator shall:

     (1) Advise the Director of Personnel in the development of

comprehensive policies and programs for the development,

implementation and monitoring of a statewide program to assure

compliance with 42 U.S.C. §12101, et seq., the federal Americans

with Disabilities Act;

     (2) Assist in the formulation of rules and standards relating

to the review, investigation and resolution of complaints of

discrimination in employment, education, housing and public


     (3) Consult and collaborate with state and federal agency

officials in the state plan development;

     (4) Consult and collaborate with agency Americans with disabilities officers on the appropriate training for managers and

supervisors on regulations and issues;

     (5) Represent the state on local, state and national

committees and panels related to Americans with disabilities;

     (6) Advise the Governor and agency heads on Americans with

disabilities issues;

     (7) Consult with state equal employment opportunity officers

on the hiring of persons with disabilities; and

     (8) Be available to inspect and advise the leasing section of

the Division of Purchasing on all physical properties owned or

leased by the State of West Virginia for compliance with 42 U.S.C.

§12101, et seq., the federal Americans with Disabilities Act.

     (d) (1) The Secretary of the Department of Administration may

assess, charge and collect fees from each state spending unit which

utilizes the services of the coordinator, for the direct costs and

expenses incurred by the coordinator in providing those services.

Costs and expenses include travel, materials, equipment and

supplies. Moneys shall be collected through the Division of


     (2) A state spending unit shall agree in writing to all costs

and expenses before the services by the Americans with Disabilities

coordinator are rendered.

     (e) There is continued in the Department of Administration a

special fund to be named the "Americans with Disabilities

Coordinator Fund", which shall be an interest-bearing account and

may be invested in accordance with the provisions of article six,

chapter twelve of this code, with the interest income a proper credit to the fund. Funds paid into the account may be derived

from the following sources:

     (1) All moneys received from state spending units for the

costs and expenses incurred by the state Americans with

Disabilities Coordinator for providing services related to the

state's implementation and compliance with 42 U.S.C. §12101, et

seq., the federal Americans with Disabilities Act;

     (2) Any gifts, grants, bequests, transfers or donations which

may be received from any governmental entity or unit or any person,

firm, foundation or corporation; and

     (3) All interest or return on investment accruing to the fund.

     (f) Moneys in the fund are to be used for the costs and

expenses incurred pursuant to this section. Any balance including

accrued interest in this special fund at the end of any fiscal year

shall not revert to the General Revenue Fund, but shall remain in

the fund for use by the Secretary of the Department of

Administration for providing additional Americans with Disabilities

Coordinator services within the State of West Virginia in the

ensuing fiscal years.

     (g) The Secretary of the Department of Administration shall

report annually on the fund to the Governor, President of the

Senate and Speaker of the House of Delegates. The report must be

on CD ROM or other electronic media and shall not be in print


Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.