FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 39-4-26 — WV Code / Chapter 39 / Article 4 / Section 26
§39-4-26. Notary public commission and commissioner appointment in effect.
Status: repealed

(a) A commission as a notary public in effect on June 30, 2014, continues until its date of expiration. A notary public who applies for a commission as a notary public on or after July 1, 2014, is subject to and shall comply with this article. A notary public, in performing notarial acts on or after July 1, 2014, shall comply with this article.

(b) An appointment as commissioner under the repealed provisions of article four, chapter twenty-nine of this code, in effect on June 30, 2014, continues until its date of expiration. A commissioner, in performing notarial acts on or after July 1, 2014, shall comply with this article: Provided, That a person holding a commission pursuant to the provisions of article four, chapter twenty-nine of this code, on June 30, 2014, is not required to obtain or use a stamp required by section seventeen of this article, prior to the expiration of that commission.
W. Va. Code § 5-1D-7 — WV Code / Chapter 5 / Article 1D / Section 7
§5-1D-7. Notice of request for proposals by state spending units required to make purchases through the state Purchasing Division.
Status: in_force

Any state spending unit that is required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall notify the chief risk officer, in writing, of any proposed purchases of goods or services related to fiscal risk analysis and management, including, but not limited to, management consulting, actuarial or other contracts that involve the management or fiscal risk evaluation of the spending unit with potential fiscal impact of an amount of at least $1 million. The notice shall contain a brief description of the goods and services to be purchased. The state spending unit shall provide the notice to the chief risk officer ten days prior to its submission of its request for proposal to the state Purchasing Division.
W. Va. Code § 17-2A-9 — WV Code / Chapter 17 / Article 2A / Section 9
§17-2A-9. Persons required to assist commissioner.
Status: in_force

At the request of the commissioner, the dean of the college of engineering of West Virginia University, the director of the experiment station of the university and the heads of the several departments of science shall render to the commissioner all necessary aid and assistance in the performance of his duties, as the requirements of their respective offices and positions will permit, without extra charge or compensation for the service.
W. Va. Code § 61-3C-7 — WV Code / Chapter 61 / Article 3C / Section 7
§61-3C-7. Alteration, destruction, etc., of computer equipment.
Status: in_force

(a) Misdemeanor offenses. -- Any person who knowingly, willfully and without authorization, directly or indirectly, tampers with, deletes, alters, damages or destroys or attempts to tamper with, delete, alter, damage or destroy any computer, computer network, computer software, computer resources, computer program or computer data or who knowingly introduces, directly or indirectly, a computer contaminant into any computer, computer program or computer network which results in a loss of value of property or computer services up to $1,000, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in the county or regional jail not more than six months, or both.

(b) Felony offenses. -- Any person who knowingly, willfully and without authorization, directly or indirectly, damages or destroys or attempts to damage or destroy any computer, computer network, computer software, computer resources, computer program or computer data by knowingly introducing, directly or indirectly, a computer contaminant into any computer, computer program or computer network which results in a loss of value of property or computer services more than $1,000 is guilty of a felony and, upon conviction thereof, shall be fined not less than $200 and not more than $10,000 or confined in a state correctional facility not more than ten years, or both, or, in the discretion of the court, be fined not less than $200 nor more than $1,000 and confined in the county or regional jail not more than one year.
W. Va. Code § 24-5-1 — WV Code / Chapter 24 / Article 5 / Section 1
§24-5-1. Review of final orders of commission.
Status: in_force

Any party feeling aggrieved by the entry of a final order by the commission, affecting him or it, may present a petition in writing to the Supreme Court of Appeals, or to a judge thereof in vacation, within thirty days after the entry of such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary of the commission on or before the date the same is presented to the court or the judge, and it shall be the duty of the secretary promptly to file with the clerk of said court all papers, documents, evidence and other records constituting the complete record in the case, or certified copies thereof, as were before the commission at the time of the entry of the order from which the appeal is taken. The court or judge shall fix a time for the hearing on the application, but such hearing, unless by agreement of the parties, shall not be held sooner than five days after its presentation; and notice of the time and place of such hearing shall be forthwith delivered to the secretary of the commission, so that the commission may be represented at such hearing by one or more of its members or by counsel. If the court or the judge after such hearing be of the opinion that a suspending order should issue, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner, as are just and reasonable. The commission shall file with the court before the day fixed for the final hearing a written statement of its reasons for the entry of such order, and after arguments by counsel the court shall decide the matter in controversy as may seem to be just and right.
W. Va. Code § 30-18-8 — WV Code / Chapter 30 / Article 18 / Section 8
§30-18-8. Prohibitions.
Status: in_force

(a) No person shall engage in the private investigation business or security guard business without having first obtained from the Secretary of State a license to conduct such business.

(b) All licensed persons, including private detectives, private investigators, security guards, private detective or investigative firms and security guard firms, are prohibited from transferring their licenses to an unlicensed person, firm or agency. This prohibition includes contracting or subcontracting with an unlicensed person, firm or agency to conduct the private investigation business or security guard business.

(c) It is unlawful for any person subject to the provisions of this article to knowingly commit any of the following:

(1) Employ any individual to perform the duties of an employee who has not first complied with all provisions of this article and the adopted regulations;

(2) Falsely represent that a person is the holder of a valid license;

(3) Make a false report with respect to any matter with which he or she is employed;

(4) Divulge any information acquired from or for a client to persons other than the client or his or her authorized agent without express authorization to do so or unless required by law;

(5) Accept employment which includes obtaining information intended for illegal purposes;

(6) Authorize or permit another person to violate any provision of this article or any rule of the Secretary of State adopted for this article.
W. Va. Code § 64-9-3 — WV Code / Chapter 64 / Article 9 / Section 3
§64-9-3. Attorney General.
Status: in_force

(a) The legislative rule filed in the State Register on June 5, 1985, authorized under the authority of §46A-6A-8 of this code, relating to the Attorney General (the establishment and qualification of third-party dispute mechanisms, 142 CSR 03), is authorized with the amendment set forth below:

On page 1, by adding a new subsection 1.6. to read as follows:

"1.6. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2036."

(b) The legislative rule filed in the State Register on June 12, 1985, authorized under the authority of §61-11A-6 of this code, relating to the Attorney General (fair treatment of crime victims and witnesses, 142 CSR 04), is authorized with the amendment set forth below:

On page 1, by adding a new subsection 1.5. to read as follows:

"1.5. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2036."

(c) The legislative rule filed in the State Register on May 4, 1987, authorized under the authority of §46A-6-103 of this code, relating to the Attorney General (the prevention of unfair or deceptive acts or practices in home improvement transactions, 142 CSR 05), is authorized with the amendments set forth below:

On page 1, by adding a new subsection 1.10. to read as follows:

"1.10. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2036."

(d) The legislative rule filed in the State Register on May 14, 1987, authorized under the authority of §46A-6-103 of this code, relating to the Attorney General (the prevention of unfair or deceptive acts or practices in the sale of damaged goods or damaged products, 142 CSR 06), is authorized with the amendments set forth below:

On page 1, by adding a new subsection 1.10. to read as follows:

"1.10. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2036."

(e) The legislative rule filed in the State Register on May 27, 1988, authorized under the authority of §47-14-9 of this code, relating to the Attorney General (administration of preneed burial contracts, 142 CSR 08), is authorized with the amendments set forth below:

On page 1, by adding a new subsection 1.10. to read as follows:

"1.10. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2036."
W. Va. Code § 60-3-22 — WV Code / Chapter 60 / Article 3 / Section 22
§60-3-22. Sales to certain persons prohibited.
Status: in_force

(a) Alcoholic liquors and nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code shall not be sold to a person who is:

(1) Less than twenty-one years of age;

(2) An habitual drunkard;

(3) Intoxicated;

(4) Addicted to the use of any controlled substance as defined by any of the provisions of chapter sixty-a of this code; or

(5) Mentally incompetent.

(b) It shall be a defense to a violation of subdivision (1), subsection (a) of this section if the seller shows that the purchaser:

(1) Produced written evidence which showed his or her age to be at least the required age for purchase and which bore a physical description of the person named on the writing which reasonably described the purchaser; or

(2) Produced evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
W. Va. Code § 11-14B-12 — WV Code / Chapter 11 / Article 14B / Section 12
§11-14B-12. Regulations.
Status: in_force

The Tax Commissioner may adopt rules for the implementation, administration or enforcement of an international fuel tax agreement. These rules shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
W. Va. Code § 30-5-18 — WV Code / Chapter 30 / Article 5 / Section 18
§30-5-18. Pharmacist requirements to participate in a collabora-tive pharmacy practice agreement.
Status: in_force

For a pharmacist to participate in a collaborative pharmacy practice agreement, the pharmacist shall:

(a) Have an unrestricted and current license to practice as a pharmacist in West Virginia;

(b) Personally have or have employer coverage of at least $1 million of professional liability insurance coverage;

(c) Meet one of the following qualifications, at a minimum:

(1) Earned a Certification from the Board of Pharmaceutical Specialties, is a Certified Geriatric Practitioner, or has completed an American Society of Health System Pharmacists(ASHP) accredited residency program, which includes two years of clinical experience approved by the board; or

(2) Successfully completed the course of study and holds the academic degree of Doctor of Pharmacy and has three years of clinical experience approved by the board and has completed an Accreditation Council for Pharmacy Education (ACPE) approved practice based continuing pharmacy education activity in the area of practice covered by the collaborative pharmacy practice agreement; or

(3) Successfully completed the course of study and hold the academic degree of Bachelor of Science in Pharmacy and has five years of clinical experience approved by the board and has completed two ACPE approved practice based continuing pharmacy education activity with at least one program in the area of practice covered by a collaborative pharmacy practice agreement.
W. Va. Code § 33-4-11 — WV Code / Chapter 33 / Article 4 / Section 11
§33-4-11. Effective date of chapter.
Status: in_force

Except as otherwise expressly stated herein, this chapter shall become effective on January 1, 1958.
W. Va. Code § 48-31-502 — WV Code / Chapter 48 / Article 31 / Section 502
§48-31-502. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b).
W. Va. Code § 21-3-11 — WV Code / Chapter 21 / Article 3 / Section 11
§21-3-11. Seats for female employees.
Status: in_force

Every person, firm or corporation employing females in any factory, mercantile establishment, mill or workshop in this state shall provide a reasonable number of suitable seats for the use of such female employees, and shall permit the use of such seats by them when they are not necessarily engaged in active duties for which they are employed, and shall permit the use of such seats at all times when such use would not actually and necessarily interfere with the proper discharge of the duties of such employees, and, where practicable, such seats shall be made permanent fixtures and may be so constructed or adjusted that, when not in use, they will not obstruct such female employee when engaged in the performance of her duties.
W. Va. Code § 18-7D-11 — WV Code / Chapter 18 / Article 7D / Section 11
§18-7D-11. Minimum guarantees.
Status: in_force

(a) Any member of the Teachers' Defined Contribution Retirement System who works one hour or more and who has made a contribution to the state Teachers Retirement System after his or her assets are transferred to the state Teachers Retirement System pursuant to this article, is guaranteed a minimum benefit equal to his or her member contributions plus the vested portion of employer contributions made on his or her behalf to the Teachers' Defined Contribution Retirement System, plus any earnings thereon, as of June 30, 2008, as stated by the board.

(b) A member of the Teachers' Defined Contribution Retirement System who works one hour or more and who has made contributions to the state Teachers Retirement System after his or her assets are transferred to the state Teachers Retirement System, upon eligibility to receive a distribution under article seven-a of this chapter, shall have at a minimum the following two options:

(1) The right to receive an annuity from the state Teachers Retirement System based upon the provisions of article seven-a of this chapter; or

(2) The right to withdraw from the state Teachers Retirement System and receive his or her member accumulated contributions in the state Teachers Retirement System, plus refund interest thereon, as set forth in article seven-a of this chapter and the right to withdraw and receive his or her member contributions plus the vested portion of employer contributions made on his or her behalf to the Teachers' Defined Contribution Retirement System, plus any earnings thereon as of the date his or her assets are transferred to the state Teachers Retirement System pursuant to this article, as determined by the board pursuant to the vesting provisions of article seven-a of this chapter. This amount shall be distributed in a lump sum.

(c) Any member of the Teachers' Defined Contribution Retirement System who does not work one hour or more and who makes no contribution to the state Teachers Retirement System after his or her assets are transferred to the state Teachers Retirement System pursuant to this article, is guaranteed the receipt of the amount in his or her total vested account in the Teachers' Defined Contribution Retirement System on the date of the transfer, plus interest thereon, at four percent accruing from the date of the transfer. This amount shall be distributed in a lump sum: Provided, That no benefits may be obtained under this subsection solely by the reciprocity provisions of sections three, four and six, article thirteen, chapter five of this code.
W. Va. Code § 48-30-305 — WV Code / Chapter 48 / Article 30 / Section 305
§48-30-305. Circuit court review of family law master’s recommended order.
Status: repealed

Repealed.

Acts, 2001 5Ex. Sess., Ch. 5.
W. Va. Code § 19-12E-3 — WV Code / Chapter 19 / Article 12E / Section 3
§19-12E-3. Definitions.
Status: in_force

As used in this article:

(a) "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the cannabis sativa L. plant;

(b) "Commercial sales" means the sale of products in the stream of commerce, at retail, wholesale, and online;

(c) "Commissioner" means the Commissioner of Agriculture or his or her designee;

(d) "Cultivating" means planting, watering, growing, and harvesting a plant or crop;

(e) "Department" means the West Virginia Department of Agriculture and its employees;

(f) "Handling" means possessing or storing hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or process hemp. "Handling" also includes possessing or storing hemp plants in a vehicle for any period of time other than during its actual transport from the premises of one licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products;

(g) "Hemp" or "industrial hemp" means all parts and varieties of the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with no greater than 0.3% tetrahydrocannabinol, or the THC concentration for hemp defined in 7 U.S.C. § 5940, whichever is greater;

(h) "Hemp products" means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale;

(i) "Licensee" means an individual or business entity possessing a license issued by the Department to grow, handle, cultivate, or process hemp;

(j) "Marijuana" means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination;

(k) "Processing" means converting an agricultural commodity into a marketable form; and

(l) "THC" means tetrahydrocannabinol. Notwithstanding any other provision of this code to the contrary, the THC found in industrial hemp shall not be considered to be THC for the purposes of qualifying as a controlled substance.
W. Va. Code § 29-25-19 — WV Code / Chapter 29 / Article 25 / Section 19
§29-25-19. Consent to presence of law-enforcement officers; wagering limits; operations and services; posting of betting limits.
Status: in_force

(a) Consent to presence of law-enforcement officers. -- Any individual entering the gaming facility shall be advised by the posting of a notice or other suitable means of the possible presence of state, county or municipal law-enforcement officers and by entering the gaming facility impliedly consents to the presence of the law-enforcement officers.

(b) Commission discretion in gaming operations. –– Video lottery terminals operated at the gaming facility may allow minimum and maximum wagers on a single game the amounts determined by the license in the exercise of its business judgment subject to the approval of the commission.

(1) Subject to the approval of the commission, the gaming facility licensee shall, with respect to West Virginia Lottery table games, establish the following:

(A) Maximum and minimum wagers;

(B) Advertising and promotional activities;

(C) Hours of operation;

(D) The days during which games may be played; and

(2) The commission may consider multiple factors, including, but not limited to, industry standards, outside competition and any other factors as determined by the commission to be relevant in its decision to approve the gaming facility's determination of those items listed in subdivision (1) of this subsection.

(c) Setting of operations. -– Notwithstanding anything to the contrary contained elsewhere in this chapter, the commission may establish the following parameters for commission regulated lottery games of any kind which is played at a licensed gaming facility:

(1) Minimum and maximum payout percentages;

(2) Any probability limits of obtaining the maximum payout for a particular play; and

(3) Limitations on the types and amounts of financial transactions, including extension of credit to a patron, which a gaming facility can enter into with its patrons.

(d) Posting of betting limits. -- A gaming facility shall conspicuously post a sign at each West Virginia Lottery table game indicating the permissible minimum and maximum wagers pertaining at that table. A gaming facility licensee may not require any wager to be greater than the stated minimum or less than the stated maximum. However, any wager actually made by a patron and not rejected by a gaming facility licensee prior to the commencement of play shall be treated as a valid wager.