West Virginia Code of State Rules Agency 99 - Protective Services
1. Overview of Agency 99 – Protective Services
Agency 99 in the West Virginia Code of State Rules (CSR) sets the internal rules for the Division of Protective Services. This Division is responsible for:
Providing protective/security services for state agencies or facilities.
Regulating contracts with external security providers.
Establishing internal policies, including rank, duties, and purchasing procedures.
These rules are administrative in nature, meaning they guide how the agency functions internally rather than imposing duties directly on the general public.
2. Structure of Agency 99
Agency 99 is divided into several series, each governing a different operational aspect:
a. Series 99‑02 – Ranks and Duties of Officers
Defines ranks within the Division (e.g., officer, sergeant, supervisor).
Describes duties and responsibilities associated with each rank.
Establishes the chain of command and supervisory responsibilities.
Ensures accountability and uniformity in operations.
b. Series 99‑05 – Contracted Police or Security Services
Governs how the Division can contract with outside entities to provide security services.
Requires that contracted personnel meet minimum qualifications and standards.
Establishes accountability mechanisms for external contractors.
c. Series 99‑06 – Purchasing Policies
Defines internal purchasing rules for equipment, services, and commodities.
Specifies documentation and approval requirements for purchases.
Sets procedures for emergency purchases.
Ensures transparency and accountability in spending public funds.
3. Legal Authority
Agency 99 rules are created under the statutory authority granted to the Division of Protective Services, primarily through West Virginia Code §15‑2D‑3.
Rules must stay within the scope of statutory authority; they cannot create new legal rights or duties beyond what the legislature allows.
If a rule exceeds statutory authority, it may be challenged in court.
4. Relationship to Statutory Protective Services
Agency 99 rules do not govern child or adult protective services directly, which are covered under separate statutes in:
Adult Protective Services: Governed under West Virginia Code Chapter 9, which defines duties to investigate abuse or neglect of vulnerable adults.
Child Protective Services: Governed under West Virginia Code Chapter 49, which establishes the investigation of child abuse or neglect and protections for children.
Agency 99 rules focus on internal operations (rank, purchasing, contracts), but employees still operate within the legal framework of these statutes when performing protective duties.
5. Relevant Case Law Principles
While Agency 99 itself has little direct case law because it deals with internal administration, broader protective services law has relevant court decisions:
a. Immunity for Protective Services Workers
Courts have generally held that protective services workers are immune from civil liability for actions taken in the course of their official duties, unless they act with gross negligence or knowingly break the law.
Mistakes, poor judgment, or routine negligence usually do not result in personal liability.
b. Judicial Review of Rules
Administrative rules can be reviewed by courts if they exceed statutory authority or conflict with existing laws.
Internal rules, such as purchasing procedures or rank definitions, rarely create external rights, so they are usually upheld unless clearly outside legal authority.
6. Practical Implications
Internal Use: Agency 99 primarily governs internal operations like officer duties, procurement, and contracts.
Compliance: Employees and contractors must follow these rules to ensure accountability and uniform procedures.
Statutory Overlay: Protective services employees must still comply with statutory duties for protecting adults and children.
Legal Risk: Internal rules help minimize risk and ensure lawful operation, but liability is largely governed by statute, not Agency 99 itself.
7. Summary Table
| Aspect | Agency 99 Role |
|---|---|
| Purpose | Sets internal rules for WV Division of Protective Services (ranks, duties, contracts, purchasing) |
| Authority | Based on WV Code §15‑2D‑3 and related statutes |
| Scope | Administrative; internal operations within the agency |
| Case Law | Courts uphold broad immunity for protective services workers; rules are valid unless they exceed statutory authority |
| Relation to Statutes | Must comply with adult and child protective services laws; cannot create new legal duties for the public |
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