Title 70 W. Va. C.S.R.

Cancer Advisory Committee Cancer Advisory Committee

Series 01 WV Cancer Advisory Committee Meetings And Bylaws

W. Va. Code R. § 70-1-1 General

1.1. Scope. -- This procedural rule sets forth the means by which the time, place and purpose of all regular and special meetings are made available in advance to the public and the news media, and also establishes bylaws of the Cancer Advisory Committee.

1.2. Authority. -- W. Va. Code ''6-9A-3 and 16-5A-2a(d).

1.3. Filing Date. -- July 9, 1993.

1.4. Effective Date. -- August 9, 1993.

W. Va. Code R. § 70-1-2 Application and Enforcement

2.1. Application -- This rule applies to the committee and any and all individuals desiring to attend or to address the West Virginia Cancer Advisory Committee.

2.2. Enforcement -- This rule is enforced by the chairperson of the West Virginia Cancer Advisory Committee with the assistance of the Director.

W. Va. Code R. § 70-1-3 Definitions

3.1. Cancer Advisory Committee (Committee) -- A committee created according to the provisions of W. Va. Code '16-5A-2a to provide technical guidance to the director regarding the operation of the cancer registry and such advice and assistance as needed to carry out effective cancer prevention and control activities.

3.2. Director -- The Director of the West Virginia Division of Health or his or her lawful designee.

3.3. Division -- The West Virginia Division of Health of the Department of Health and Human Resources.

3.4. Meeting -- The convening of a governing body of a public body for which a quorum is required.

3.5. Quorum -- A simple majority of the constituent membership of the Committee.

W. Va. Code R. § 70-1-4 Regular Meetings Established; Notice Required, Time, Place and Purpose

4.1. The West Virginia Cancer Advisory Committee shall meet in regular session at a date, time and place to be announced in advance by the chairperson or secretary.

4.2. The Committee may without notice, move the location of the meeting to accommodate members of the public who wish to attend the meeting in the event the meeting room is too small to accommodate the attendance.

4.3. All regular meetings shall be general meetings for the consideration of any and all matters which may properly come before the Committee.

4.4. The secretary shall notify the public and the news media by filing a notice of the meeting with the Secretary of State for publication in the State Register. Each notice shall state date, time, place and purpose of the meeting and shall be filed in a manner to allow the notice to appear in the State Register at least five (5) days prior to the date of the meeting.

W. Va. Code R. § 70-1-5 Special Meetings; Emergency Meetings

5.1. The Committee may convene special meetings in accordance with the procedures established herein.

5.2. Special meetings of the Committee may be called by the chairperson, the secretary or by two (2) members of the Committee upon written request to the secretary.

5.3. The secretary shall send a written notice setting forth the time and place of the special meeting and the matter to be considered to all members at least five (5) days in advance of a special meeting, except that the written notice shall not be required if the time, the place, and matter for consideration have been fixed in a regular meeting or at a special meeting at which all members are present.

5.4. The secretary shall notify the public and the news media by filing a notice of the special meeting with the Secretary of State for publication in the State Register. Each notice shall state the time, place and purpose of the meeting and shall be filed in a manner to allow the notice to appear in the State Register at least five (5) days prior to the date of the meeting.

5.5. The provisions of this section do not apply in the event of an emergency requiring immediate official action by the committee. In the event of an emergency requiring immediate official action, the secretary may file an emergency meeting notice stating the time, place and purpose of the meeting and facts and circumstances of the emergency with the Secretary of State at any time prior to the meeting.

W. Va. Code R. § 70-1-6 Cancellation of Meetings

6.1. Meetings may be canceled by the chairperson or the secretary one (1) or more days prior to the scheduled time of the meeting. In the event of a cancellation, the chairperson or the secretary shall notify all members informing them of the cancellation.

6.2. The secretary shall send a written notice of the cancellation to all members, and shall immediately file a public notice of the meeting cancellation with the office of the Secretary of State.

W. Va. Code R. § 70-1-7 Proceedings to be Open; Exceptions Executive Session Permitted

7.1. Notwithstanding any other provision of law or regulation all meetings of the committee are open to the public, except as provided in W. Va. Code '6-9A-4.

7.2. An executive session may be held only upon a majority affirmative vote of the members present.

W. Va. Code R. § 70-1-8 Minutes and Records

8.1. The West Virginia Cancer Advisory Committee shall provide for the preparation of written minutes of all its meetings. All minutes are available to the public within a reasonable time after the meeting and shall include the following information:

8.1.1. The date, time and place of the meeting;

8.1.2. The name of each committee member present or absent;

8.1.3. All motions, proposals, resolutions, and measures proposed, the name of the person proposing the same and their disposition; and

8.1.4. The results of all votes and, upon request of a member, the vote of each member, by name.

8.2. Minutes of executive sessions may be limited to material the disclosure of which is not inconsistent with the provisions of W. Va. Code '6-9A-4.

8.3. All records and proceedings of the Committee are public records and are available to the public during the usual and customary business hours of the Division of Health in accordance with W. Va. Code ''29B-1-3 and 29B-1-4.

W. Va. Code R. § 70-1-9 Quorum; Majority Vote Required; Vote by Proxy Prohibited

A majority of the members of the Committee constitutes a quorum. The vote of a majority of all members present at any meeting of the Committee is necessary to take any action. Proxy voting is prohibited.

W. Va. Code R. § 70-1-10 Election of Officers; Duties of Officers

10.1. At the first regular quarterly meeting in every other calendar year, beginning in 1993, the Committee shall elect a chairperson and vice-chairperson for a term of two (2) years.

10.2. The Director shall provide a secretary to the Committee.

10.3. In the event a chairperson or vice-chairperson resigns or cannot complete the term, a new election shall be held to fill the office.

10.4. The duties of the chairperson shall be the following:

10.4.1. Preside at all meetings and conduct them according to Robert's Rules of Order when such rules are applicable and not inconsistent with the rule;

10.4.2. Appoint members to serve on committees as may be created; and

10.4.3. Perform such other functions as pertain to the office of chairperson.

10.5. In the absence of the chairperson, the vice-chairperson shall assume the duties of the chairperson.

W. Va. Code R. § 70-1-11 Resignation of Members

A committee member desiring to resign shall send a letter of resignation to the director with a copy to the chairperson.

W. Va. Code R. § 70-1-12 Severability

The provisions of this rule are severable. If any portion of this rule is held invalid, the remaining provisions remain in effect.

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