W. Va. Code R. § 64-32-2

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-32-2 - Duties of State Registrar
2.1. Media, Forms, Certificates, Electronic Data Files.
2.1.a. All forms, certificates, records, electronic data files, and reports used in the system of vital statistics are the property of the Bureau and shall be surrendered to the State Registrar upon demand. The forms prescribed and distributed by the State Registrar for reporting vital statistics shall be used only for official purposes. Only those forms furnished or approved by the State Registrar shall be used in the reporting of vital statistics or in making copies. Electronic data records will be accepted only when standards set by the State Registrar are met and with the prior approval of the State Registrar before transmission.
2.2. Requirements for Preparation of Certificates.
2.2.a. All forms, certificates, and reports relating to vital statistics shall either be typewritten or printed legibly in black, unfading ink, or stored on electronic media approved by the State Registrar. All signatures required shall be entered in unfading ink or stored electronically. Unless otherwise directed by the State Registrar, a certificate is not complete and correct and acceptable for registration that:
2.2.a.1. Does not contain the certifier's name typed or printed legibly under his or her signature;
2.2.a.2. Does not supply all items of information called for or satisfactorily account for their omission;
2.2.a.3. Contains alterations or erasures;
2.2.a.4. Does not contain handwritten signatures or the approved electronic equivalent as required;
2.2.a.5. Is marked "copy" or "duplicate";
2.2.a.6. Is a carbon copy;
2.2.a.7. Is prepared on an improper form;
2.2.a.8. Contains improper or inconsistent data;
2.2.a.9. Contains items completed with pictographs or ideographs or writing that is not part of the standard 26-letter English alphabet or modifications thereof;
2.2.a.10. Contains given names or surnames written with symbols that have no phonetic standing on their own other than numerals used for generational identifiers or common punctuation such as hyphens for hyphenated names, apostrophes used as part of a given name or surname, commas to separate surnames from generational identifiers, and periods in generational identifiers or when an initial or abbreviation is used as part of a name;
2.2.a.11. Contains an indefinite cause of death which denotes only symptoms of disease or conditions resulting in disease; or
2.2.a.12. Is not prepared in conformity with rules or instructions issued by the State Registrar.
2.3. Designation of Local Registration Offices.
2.3.a. The State Registrar shall determine whether offices other than the section of vital statistics are needed in West Virginia to aid in the efficient administration of the system of vital statistics. The determination shall be based on an evaluation of the most efficient method to meet the needs of the people of West Virginia with respect to the establishment and operation of the system of vital statistics.
2.3.b. If the State Registrar determines that additional offices are necessary, the offices shall be designated only with the approval of the Bureau. The duties and responsibilities may be assigned to currently existing offices or special branch offices of the section of vital statistics may be established in those areas where they are determined necessary, or a combination of existing offices and branch offices may be used. In all cases where existing offices are used, the employees of the offices shall be subject to the control of the State Registrar when they are performing functions relating to the system of vital statistics.
2.3.c. The State Registrar shall appoint a local registrar for each designated local registration office. The local registrar shall, with the approval of the State Registrar, appoint one or more deputy local registrars of vital statistics. The deputy registrar shall perform the duties of the local registrar in the absence or incapacity of the local registrar and shall perform any other duties that are prescribed. The State Registrar may remove a local registrar or deputy local registrar for cause.
2.3.d. The State Registrar shall delegate those duties and responsibilities to any local registration office he or she considers necessary to ensure the efficient operation of the system of vital statistics. These may include any or all of the following:
2.3.d.1. The receipt and processing of records of birth and death and reports of fetal death occurring within the registration district. This would include the receipt of these records and reports from the person responsible for their filing, checking them for accuracy and completeness, and forwarding them to the section of vital statistics at intervals prescribed by the State Registrar;
2.3.d.2. Maintenance of all birth and death records received for filing. These records are considered to be in the custody of the State Registrar and are subject to the same requirements regarding disclosure as are records in the possession of the State Registrar. Records maintained by a local registration office shall be surrendered to the State Registrar upon demand;
2.3.d.3. Issuance of certified copies of birth and/or death records. The records from which the certified copies are issued are those maintained in the local registration office or shall be provided by the section of vital statistics. All forms and procedures used to issue the copies shall be provided or approved by the State Registrar. If it is determined appropriate and feasible, any local registration office may be provided access to all birth and/or death records in this state;
2.3.d.4. Acting as the agent of the State Registrar in their designated area and providing assistance to physicians, hospitals, funeral directors, and others in matters related to the system of vital statistics; and
2.3.d.5. Performing any other duties prescribed by the State Registrar.
2.3.e. The State Registrar, with the approval of the Bureau, shall determine the responsibilities and duties of each local registration office independently.

W. Va. Code R. § 64-32-2