W. Va. Code R. § 112-12-5

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 112-12-5 - Duties of Spending Units

5.1. The spending unit shall acquire the necessary computer system, software, and other matters required to process transactions.

5.2. For internet transactions, the website of a spending unit shall contain:

5.2.1. A complete description of the goods or services offered;

5.2.2. The returning merchandise and refund policy;

5.2.3. A customer service contact, including an electronic mail address and telephone number;

5.2.4. A statement that the transaction currency is US dollars;

5.2.5. Any legal or other restrictions;

5.2.6. The policy on order fulfillment, including, but not limited to, delivery policy and practices;

5.2.7. Re-direct services to re-direct customers to the Treasurer's payment gateway to select the method of payment and execute the payment. The spending unit shall also develop the "front end" website that will connect to the Treasurer's payment gateway;

5.2.8. The privacy policy;

5.2.9. An opt-in system for customers to receive mail, electronic or regular US mail, that only retains information provided by a customer that has authorized maintenance of that information;

5.2.10. A guarantee to not sell or share the names and addresses of customers unless specific authorization is granted in the West Virginia Code;

5.2.11. Appropriate security controls; and

5.2.12. A conspicuous disclosure of the nature and amount of the convenience or service fees.

5.3. The spending unit is responsible for all discount and other fees and amounts assessed or charged for providing the selected methods of receiving payment.

5.4. The spending unit shall not store charge, credit, or debit card or electronic payment account numbers. The only authorized use of a charge, credit, or debit card or electronic payment is to process an authorized transaction. At most, a spending unit may have non-persistent cookies to ensure confidential information is not stored.

5.5. The spending unit shall deposit all convenience fees and service fees it receives in an account in the State Treasury. The spending unit shall expend the convenience fees or service fees received to defray the costs of providing internet services, to pay charge, credit, or debit card fees and to accept electronic payments from customers.

5.6. The spending unit shall reconcile receipts with the amounts reported.

5.7. The spending unit shall comply with all regulations, certifications, and all other matters required by the card industry to accept charge, credit, or debit cards.

5.8. For other means of charge, credit, or debit card transactions, including, without limitation, POS terminal and other devices, the spending unit shall maintain:

5.8.1. Appropriate security controls and security updates and

5.8.2. Current equipment.

W. Va. Code R. § 112-12-5