FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 64-9-25 — WV Code / Chapter 64 / Article 9 / Section 25
§64-9-25. Real Estate Appraiser Licensing and Certification Board.
Status: in_force

The legislative rule filed in the State Register on September 9, 2019, authorized under the authority of §30-38-9 of this code, modified by the Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 6, 2019, relating to the Real Estate Appraiser Licensing and Certification Board (requirements for licensure and certification, 190 CSR 02), is authorized.
W. Va. Code § 16A-5-5 — WV Code / Chapter 16A / Article 5 / Section 5
§16A-5-5. Special conditions.
Status: in_force

The following apply:

(1) If the practitioner states in the certification that, in the practitioner’s professional opinion, the patient would benefit from medical cannabis only until a specified earlier date, then the identification card shall expire on that date.

(2) If the certification so provides, the identification card shall state any requirement or limitation by the practitioner as to the form of medical cannabis for the patient.
W. Va. Code § 51-11-11 — WV Code / Chapter 51 / Article 11 / Section 11
§51-11-11. Judicial compensation and benefits; expenses.
Status: in_force

(a) The annual salary of a Judge of the Intermediate Court of Appeals is $142,500. The budget for the payment of compensation and expenses of Intermediate Court of Appeals judges shall be included in the appropriation for the Supreme Court of Appeals.

(b) Judges of the Intermediate Court of Appeals and staff shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties under the guidelines prescribed by the Administrative Director of the Supreme Court of Appeals.
W. Va. Code § 44-15-15 — WV Code / Chapter 44 / Article 15 / Section 15
§44-15-15. Discharge of guardian.
Status: in_force

When a ward for whom a guardian has been appointed under the provisions of this article or other laws of this state shall have attained his or her majority, and, if incompetent, shall be declared competent by the examining board employed or convened by the bureau or other agency of the government of the United States and the court, and when any incompetent ward, not a minor, shall be declared competent by such examining board employed or convened by the bureau or other agency of the government of the United States and the court, the guardian shall, upon making a satisfactory accounting, be discharged upon a petition filed for that purpose.
W. Va. Code § 44-9-12 — WV Code / Chapter 44 / Article 9 / Section 12
§44-9-12. Vacation of prior proceedings on reappearance of supposed decedent.
Status: in_force

The circuit court may at any time, on satisfactory proof that the supposed decedent is in fact alive, set aside and vacate all proceedings theretofore had in such suit, including the decree of distribution, if such has been entered, and any order or decree entered by it or the county court establishing the presumption of death, and upon doing so shall certify that fact to the county court. The county court shall thereupon revoke the probate of any will of such supposed decedent and the grant of letters testamentary or of administration on his estate: Provided, That in no case shall the supposed decedent file his petition or suit to set aside and vacate such adjudication after the lapse of fifteen years from the date of such adjudication.
W. Va. Code § 60-8-34 — WV Code / Chapter 60 / Article 8 / Section 34
§60-8-34. When retail sales prohibited.
Status: in_force

It is unlawful for a retailer, farm winery, wine specialty shop retailer, private wine bed and breakfast, private wine restaurant, or private wine spa licensee, his or her servants, agents, or employees to sell or deliver wine between the hours of 2:00 a.m. and 6:00 a.m. or, it is unlawful for a winery, farm winery, private wine bed and breakfast, private wine restaurant, or private wine spa, his or her servants, agents, or employees to sell wine between the hours of 2:00 a.m. and 1:00 p.m. in any county upon approval as provided for in §7-1-3ss of this code, or between the hours of 2:00 a.m. and 6:00 a.m. on weekdays, Saturdays, and Sundays.
W. Va. Code § 16-13A-25 — WV Code / Chapter 16 / Article 13A / Section 25
§16-13A-25. Borrowing and bond issuance; procedure.
Status: in_force

A public service district has plenary power to borrow money, enter into contracts for the provision of engineering, design or feasibility studies, issue or contract to issue revenue bonds or exercise any of the powers conferred by the provisions of section thirteen, twenty or twenty-four of this article. Upon written request of the public service board contemplating such transaction or project, the Public Service Commission shall provide technical support to the public service board, including, but not limited to, engineering, design and financial analysis of the proposed transaction or project.
W. Va. Code § 11-13-3A — WV Code / Chapter 11 / Article 13 / Section 3A
§11-13-3a. Deduction for contributions to an employee stock ownership plan by a manufacturer.
Status: in_force

(a) General rule. -- There shall be allowed as a deduction from gross income reportable under section two-b of this article, for the taxable year, the amount of qualified contribution to an employee stock ownership plan made during the taxable year, for any period beginning after June 30, 1983.

(b) Definitions. -- For purposes of this section the term:

(1) "Employee stock ownership plan" means a plan as defined in paragraph (7), subsection (e), section 4975 of the Internal Revenue Code.

(2) "Internal Revenue Code" means the Internal Revenue Code of 1954, as amended, which is codified as Title 26 of the United States Code.

(3) "Qualified contribution" means the amount of employer contributions during the taxable year to an employee stock ownership plan, which are deductible by the corporation for federal income tax purposes under paragraph (10), subsection (a), section 404 of the Internal Revenue Code, and which do not exceed the amount allowable under paragraph (6), subsection (c), section 415 of the Internal Revenue Code.
W. Va. Code § 29-22C-18 — WV Code / Chapter 29 / Article 22C / Section 18
§29-22C-18. Notice of license expiration and renewal.
Status: in_force

(a) At least two months before any license issued under this article expires, the commission shall send to the licensee, by mail addressed to the last known address of the licensee, a renewal application form and notice that states:

(1) The date on which the current license expires;

(2) The date by which the commission must receive the renewal application for the renewal to be issued and mailed before the existing license expires; and

(3) The amount of the renewal fee.
W. Va. Code § 8-5-8 — WV Code / Chapter 8 / Article 5 / Section 8
§8-5-8. Oath of office.
Status: in_force

PART V. OATH OF OFFICE; TERMS OF OFFICE; FILLING VACANCIES.

Every person elected or appointed to an office in any municipality shall, unless otherwise provided in the charter thereof, within twenty days after his election or appointment and before he shall enter upon the duties of his office, take and subscribe to the oath of office prescribed for district officers, which may be done before any person authorized by law to administer oaths, or before the mayor or recorder of such municipality. The oath, together with the certificate of the officer administering the same, shall be filed, recorded and preserved in the office of the recorder of the municipality, and a certified copy of such oath and certificate shall be filed and recorded in the office of the clerk of the county court of the county in which the municipality or the major portion of the territory thereof is located.
W. Va. Code § 17C-15-20 — WV Code / Chapter 17C / Article 15 / Section 20
§17C-15-20. Multiple-beam road-lighting equipment -- Requirements generally.
Status: in_force

Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combinations thereof on motor vehicles other than a motorcycle, motor-driven cycle or moped shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:

(a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred and fifty feet ahead for all conditions of loading.

(b) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

(c) Every new motor vehicle, other than a motorcycle, motor- driven cycle or moped, registered in the state after January 1, 1952, which has multiple- beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
W. Va. Code § 5-14-6 — WV Code / Chapter 5 / Article 14 / Section 6
§5-14-6. Seminars and training sessions.
Status: in_force

The commission may establish one or more training sessions or workshops for the teaching of interpretive skills, in-service training and counseling for the deaf and hard of hearing. Seminars and training sessions may be conducted and are encouraged to work with the existing facilities and organizations established to accomplish the same goals.
W. Va. Code § 37-6-20 — WV Code / Chapter 37 / Article 6 / Section 20
§37-6-20. Relief against forfeiture.
Status: in_force

Should the defendant, or other person for him not pay the rent in arrear, with interests and costs, nor file a bill in equity for relief against such forfeiture, within twelve months after execution executed, he shall be barred of all rights, in law or equity, to be restored to such lands or tenements.
W. Va. Code § 5A-13-4 — WV Code / Chapter 5A / Article 13 / Section 4
§5A-13-4. Refunds of Late Permits.
Status: in_force

(a) Every permitting agency shall, on or before July 1, 2025, report to the secretary:

(1) a list of each type of permit issued under its authority;

(2) an explanation of each step involved in processing a properly completed permit;

(3) the average time from receipt of a permit application until the time it is determined to be complete;

(4) the average time from the completeness determination to approval or disapproval of a permit;

(5) the number of permit applications that have been received, approved, and rejected in the 2024 and 2025 fiscal years;

(6) any statutory or regulatory deadlines related to determining the completeness of an application for a permit or the granting or denial of permits; and

(7) data on processing times and statutory deadlines for comparable permits, licenses, or business registrations in West Virginia’s neighboring states.

(b) For any permit that has no statutory or regulatory deadline for determining the completeness of an application, granting an application, or denying an application, the secretary, in consultation with the permitting agency, shall within 60 days of the effective date of this article, propose an emergency rule under §29A-3-15 of this code and a legislative rule under §29A-3-1 et seq. of this code for consideration by the Legislature during the 2026 regular session to implement such a deadline and to set expedited deadlines for processing of “fast track” permits.

(c) On and after January 1, 2027, any permitting agency that fails to grant or deny a permit available and applied for through the One-Stop-Shop Permitting Program within the deadline identified under subsection (a) of this section or established under subsection (b) of this section shall refund all fees paid by the applicant for that permit.

(d) The refund provided for under subsection (c) of this section shall be paid by the permitting agency that did not process the permit within the established deadline.

(e) The refund requirements of subsection (c) of this section shall not apply if:

(1) the application for a qualifying permit is incomplete; and

(2) within 10 business days of identifying the application as incomplete, the permitting agency:

(A) notifies the applicant of the deficiency through the Permitting Dashboard;

(B) provides the applicant 30 days to cure the incomplete application; and

(3) the applicant fails to resubmit a complete application within that time.
W. Va. Code § 37-1-6 — WV Code / Chapter 37 / Article 1 / Section 6
§37-1-6. Who not to be purchaser.
Status: in_force

At such sale the guardian, or guardian ad litem, or committee, or trustee, shall not be a purchaser, directly or indirectly.
W. Va. Code § 18-9D-14 — WV Code / Chapter 18 / Article 9D / Section 14
§18-9D-14. Credit of state not pledged.
Status: in_force

No provisions of this article shall be construed to authorize the School Building Authority at any time or in any manner to pledge the credit or taxing power of the state, nor shall any of the obligations or debts created by the School Building Authority under the authority herein granted be deemed to be obligations of the state.
W. Va. Code § 60-3-17 — WV Code / Chapter 60 / Article 3 / Section 17
§60-3-17. Regulations as to handling and depositing of moneys collected; monthly remittances; penalty.
Status: in_force

The commissioner, with the approval of the state Treasurer, shall prescribe regulations for the handling and depositing of all moneys collected by the commissioner. All receipts accruing to and available for the General Revenue Fund in excess of the requirements of the operating fund and the license fee and additional sales tax imposed by the provisions of this chapter shall be remitted by the commissioner to the state Treasury monthly within fifteen days next after the end of each calendar month.

If the commissioner fails to remit such moneys to the state Treasury within the time specified in accordance with the provisions of this section, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined $1,000.
W. Va. Code § 39A-1-13 — WV Code / Chapter 39A / Article 1 / Section 13
§39A-1-13. Admissibility in evidence.
Status: in_force

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
W. Va. Code § 20-3-7 — WV Code / Chapter 20 / Article 3 / Section 7
§20-3-7. Starting fire on lands of another; penalties.
Status: in_force

Any person who willfully sets or causes to be set on fire any forest land, grass, grain, stubble, brush, slash, debris, or any other inflammable substance upon the property of another without his consent, or in a place from which it is reasonable to expect that the fire may spread to the property of another without his consent, and as a result of either causes damage or destruction to any natural resources in or on the other person's property, shall be guilty of a felony, and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000, or be imprisoned for not less than one year nor more than five years, or both, in the discretion of the court.
W. Va. Code § 51-6-11 — WV Code / Chapter 51 / Article 6 / Section 11
§51-6-11. Examination of reports; recordation; new bond or additional security; effect.
Status: in_force

The court shall examine the reports required by the preceding section, when the same are made to it, and, if satisfied of the correctness thereof, shall order them, by indorsement thereon, to be recorded. If it appear from the report of the commissioner that any bond of a receiver, or any bond or other security given by any person to whom money has been loaned under its order, is insufficient, the court shall order additional security to be given, or another bond to be executed before it, in such penalty as may seem right, and with sufficient sureties. But the execution of such new bond shall not discharge the sureties in any prior bond from their liability for acts of the principal obligor done previously to the execution of such new bond.
W. Va. Code § 62-12-10 — WV Code / Chapter 62 / Article 12 / Section 10
§62-12-10. Violation of probation.
Status: in_force

(a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on probation, or the judge thereof in vacation, may issue an order for his or her arrest, whereupon he or she shall be brought before the court, or the judge thereof in vacation, for a prompt and summary hearing.

(1) If the court or judge finds reasonable cause exists to believe that the probationer:

(A) Absconded supervision;

(B) Engaged in new criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or

(C) Violated a special condition of probation designed either to protect the public or a victim; the court or judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed.

(2) If the judge finds that reasonable cause exists to believe that the probationer violated any condition of supervision other than the conditions of probation set forth in subdivision (1) of this subsection then, for the first violation, the judge shall impose a period of confinement up to sixty days or, for the second violation, a period of confinement up to one hundred twenty days. For the third violation, the judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed, with credit for time spent in confinement under this section.

(3) In computing the period for which the offender is to be confined, the time between his or her release on probation and his or her arrest may not be taken to be any part of the term of his or her sentence.

(b) A probationer confined for a first or second violation pursuant to subdivision (2), subsection (a) of this section may be confined in jail, and the costs of confining felony probationers shall be paid out of funds appropriated for the Division of Corrections. Whenever the court orders the incarceration of a probationer pursuant to the provisions of subdivision (2), subsection (a) of this section, a circuit clerk shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.

(c) If, despite a violation of the conditions of probation, the court or judge is of the opinion that the interests of justice do not require that the probationer serve his or her sentence or a period of confinement, the judge may, except when the violation was the commission of a felony, again release him or her on probation: Provided, That a judge may otherwise depart from the sentence limitations set forth in subdivision (2), subsection (a) of this section upon making specific written findings of fact supporting the basis for the departure.
W. Va. Code § 8-29-14 — WV Code / Chapter 8 / Article 29 / Section 14
§8-29-14. Authorities may lease facilities.
Status: in_force

Each authority may lease its airport and all or any part of the appurtenances and facilities therewith to any available lessee, subject to all Constitutional and statutory limitations with respect thereto, at such rental and upon such terms and conditions as the authority deems proper. The leases shall be subordinate to any mortgage or deed of trust executed by the authority. An authority may lease land, the original taking of which was necessary for airport purposes, for economic development purposes compatible with, but not necessarily associated with, airport activities.
W. Va. Code § 18B-12A-3 — WV Code / Chapter 18B / Article 12A / Section 3
§18B-12A-3. Establishment of centers for economic development and technology advancement; doctoral institutions authorized to enter into agreements.
Status: in_force

There is authorized the establishment of independent entities to be known as centers for economic development and technology advancement. Each center shall be formed with respect to a specific doctoral institution and each center shall meet the following conditions:

(1) Representatives from private sector business and industry constitute a majority of the voting members of the governing body of each center;

(2) The president of the appropriate doctoral institution or a senior member of the doctoral institution's administrative staff is a member of the appropriate governing body.

(3) Each center shall be organized as one of the following:

(A) A nonprofit, nonstock corporation under the general corporation laws of the state exclusively for charitable, educational or scientific purposes within the meaning of section 501(c) of the Internal Revenue Code of 1986, as amended; or

(B) A corporation, partnership, limited partnership, limited liability company or other form of entity authorized to be formed under this code.
W. Va. Code § 17B-2B-6 — WV Code / Chapter 17B / Article 2B / Section 6
§17B-2B-6. Restricted out-of-state drivers; required to obtain Class G driver’s license; surrender of current license; waiver of requirement to participate in an approved driver training program.
Status: in_force

(a) A restricted out-of-state driver establishing residence in West Virginia must apply for a Class G driver’s license in this state.

(b) To obtain a Class G driver’s license, the restricted out-of-state driver must:

(1) Satisfy all the requirements of licensure contained in sections three and four of this article;

(2) Surrender his or her out-of-state driver’s license to the commissioner; and

(3) Provide the commissioner with a report of examination by a vision specialist, conducted no more than 90-days prior to the application, showing that the applicant meets the minimum vision standards.

(c) If, based upon an evaluation of the out-of-state driver’s abilities, along with any recommendations, the Division of Rehabilitation Services, or its approved driver training program, certifies to the commissioner that the restricted out-of-state driver was required, as a condition of licensure in the other state, to complete training substantially equivalent to the approved driver training program required by this article, the commissioner may waive the requirement that the restricted out-of-state driver complete an approved driver training program in this state prior to licensure.
W. Va. Code § 33-6-37 — WV Code / Chapter 33 / Article 6 / Section 37
§33-6-37. Cancellation or nonrenewal of a combination insurance policy; offer of optional coverage; date of inception of optional coverage.
Status: in_force

Notwithstanding of any provision of this chapter to the contrary, an insurer may cancel or nonrenew a combination automobile and homeowners policy of insurance if either the automobile or homeowners insurance in such policy may be cancelled or nonrenewed pursuant to the cancellation or nonrenewal provisions of this chapter pertaining to such insurance: Provided, That the insurer shall offer, on a form approved by the commissioner, to issue a policy of insurance, effective as of the date of cancellation of the combination policy, to the insured for the insurance that was not cancelled or nonrenewed and shall issue such policy if the offer is accepted by the insured. For the purposes of cancellation, nonrenewal and termination of policies provided for in articles six-a and seventeen-a of this chapter, the inception date of a reissued policy is the inception date of the combination policy.