FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 13-3-13 — WV Code / Chapter 13 / Article 3 / Section 13
§13-3-13. Substitute paying agents.
Status: in_force

The commission may appoint a new paying agent on any issue for which the commission acts as fiscal agent, in the event of the insolvency, threat of insolvency, malfeasance, misfeasance, incompetence, resignation, or discontinuance from business of the paying agent or in the case of discontinuance of the place of payment as designated by the terms of such bonds. Upon appointment of a substitute paying agent, the commission shall publish notice of such action as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which the former paying agent had residence. Upon designation of another place of payment, publication of notice shall be made in the county in which was located the former place of payment.
W. Va. Code § 21-7-5 — WV Code / Chapter 21 / Article 7 / Section 5
§21-7-5. Enforcement by commissioner.
Status: in_force

Whenever, after investigation, or on the basis of other information in his possession, the commissioner finds that a person has violated any provision of section three, he shall take appropriate action to bring about the enforcement of such provision.
W. Va. Code § 30-30-11 — WV Code / Chapter 30 / Article 30 / Section 11
§30-30-11. Scope of practice for a licensed certified social worker.
Status: in_force

A licensed certified social worker may:

(1) Perform all duties within the scope of practice of a licensed graduate social worker and licensed social worker;

(2) Apply social work theory and methods to the diagnosis, treatment and prevention of psychological dysfunction, disability or impairment, including emotional and mental disorders and developmental disabilities; and

(3) Determine behavioral health diagnosis, using diagnostic taxonomies commonly accepted across disciplines among behavioral health professionals.
W. Va. Code § 18-2H-3 — WV Code / Chapter 18 / Article 2H / Section 3
§18-2H-3. Procedures for hearings and public participation.
Status: in_force

(a) Prior to the implementation of any state-mandated educational reform which constitutes a significant change in the philosophy or goals in the public schools of this state and the hearings required thereon, the state board shall provide notice by submitting a copy of the proposed reform and a press release to public and private television and radio stations, disseminating press releases to newspapers of general circulation, and notifying the parents of students in all schools which might be affected by sending notices home with the students, or by distribution to the parents in any other reasonable manner. The notice and plans shall be in such form and contain such information as the state board may require to fully inform the citizenry of the nature and scope of the educational reform, including the proposed educational reform and the date, time and place of the public hearings.

(b) The state board shall provide timely written notice to any person who has asked the state board to place the person's name on a mailing list maintained by the state board.

(c) The state board shall maintain a verbatim record of all hearings.

(d) The state board may not impose fees or other charges for such a public hearing.
W. Va. Code § 46-2A-102 — WV Code / Chapter 46 / Article 2A / Section 102
§46-2A-102. Scope.
Status: in_force

This article applies to any transaction, regardless of form, that creates a lease.
W. Va. Code § 15A-3-7 — WV Code / Chapter 15A / Article 3 / Section 7
§15A-3-7. Compensation of employees; traveling and other expenses.
Status: in_force

The commissioner shall, in accordance with the provisions of §29-6-1 et seq. of this code, approve the salaries of all employees of the division. Salaries shall be commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall be furnished, given, or paid to the employee as all or part of their salary. The employees may be provided meals, household facilities, and supplies as may be necessary for them to perform their duties, if the employees agree to pay the reasonable cost as established by the commissioner. In the event of an emergency, such as a riot or other disturbance, the commissioner may authorize meals to be provided to employees at no cost. Additionally, the commissioner may establish a procedure to reimburse employees reasonable costs in the event the employee’s personal property is stolen or damaged by an inmate or resident. All persons employed under this article are entitled to be reimbursed for necessary traveling and other expenses.
W. Va. Code § 33-31-8 — WV Code / Chapter 33 / Article 31 / Section 8
§33-31-8. Examinations and investigations.
Status: in_force

(a) At least once in five years, and whenever the commissioner determines it to be prudent, the commissioner shall personally, or by some competent person appointed by the commissioner, visit each captive insurance company and thoroughly inspect and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations and whether it has complied with the provisions of this article. The captive insurance company shall be subject to the provisions of section nine, article two of this chapter in regard to the expense and conduct of the examination.

(b) All examination reports, preliminary examination reports or results, working papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the commissioner or any other person in the course of an examination made under this section are confidential and are not subject to subpoena and may not be made public by the commissioner or an employee or agent of the commissioner without the written consent of the company, except to the extent provided in this subsection. Nothing in this subsection shall prevent the commissioner from using such information in furtherance of the commissioner's regulatory authority under this title. The commissioner may, in the commissioner's discretion, grant access to such information to public officers having jurisdiction over the regulation of insurance in any other state or country, or to law-enforcement officers of this state or any other state or agency of the federal government at any time, so long as such officers receiving the information agree in writing to hold it in a manner consistent with this section.
W. Va. Code § 16-60-7 — WV Code / Chapter 16 / Article 60 / Section 7
§16-60-7. Veterans, service members separating from active duty military, and their spouses.
Status: in_force

(a) Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for the licensure.

(b) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses.

(c) All individuals functioning with a privilege to practice under this section remain subject to §16-60-8 of this code.
W. Va. Code § 41-5-11 — WV Code / Chapter 41 / Article 5 / Section 11
§41-5-11. Impeachment or establishment of will -- By person who was not party to prior proceeding; trial by jury.
Status: in_force

After a judgment or order entered as aforesaid in a proceeding for probate ex parte, any person interested who was not a party to the proceeding, or any person who was not a party to a proceeding for probate in solemn form, may proceed by complaint to impeach or establish the will, on which complaint, if required by any party, a trial by jury shall be ordered, to ascertain whether any, and if any, how much, of what was so offered for probate, be the will of the decedent. The court may require all other testamentary papers of the decedent to be produced, and the inquiry shall then be which one of all, or how much of any, of the testamentary papers is the will of the decedent. If the judgment or order was entered by the circuit court on appeal from the county commission, such complaint shall be filed within six months from the date thereof, and if the judgment or order was entered by the county commission and there was no appeal therefrom, such complaint shall be filed within six months from the date of such order of the county commission. If no such complaint be filed within the time prescribed, the judgment or order shall be forever binding. Any complaint filed under this section shall be in the circuit court of the county wherein probate of the will was allowed or denied.
W. Va. Code § 53-1-3 — WV Code / Chapter 53 / Article 1 / Section 3
§53-1-3. Application for mandamus or prohibition.
Status: in_force

Application for a writ of mandamus or a writ of prohibition shall be on verified petition.
W. Va. Code § 31G-1-14 — WV Code / Chapter 31G / Article 1 / Section 14
§31G-1-14. Legislative rule-making authority.
Status: in_force

In order to implement and carry out the intent of this article, the Secretary of the Department of Economic Development, at the direction and recommendation of the council, may propose rules for legislative approval, pursuant to the provisions of §29A-3-1 et seq . of this code.
W. Va. Code § 8-25-11 — WV Code / Chapter 8 / Article 25 / Section 11
§8-25-11. Appointment of citizens' advisory committees.
Status: in_force

Each regional council may appoint advisory committees of interested and affected citizens to assist in the review of plans, programs and other purposes of this article referred for review by the regional council. Whenever a special advisory committee is required by any federal or state regional program, the regional council chairman shall, with approval of the executive committee, appoint such committees as advisory groups to the regional council.
W. Va. Code § 3-4A-30 — WV Code / Chapter 3 / Article 4A / Section 30
§3-4A-30. Adjustments in voting precincts where electronic voting system used.
Status: in_force

(a) The provisions of section five, article one of this chapter, relating to the number of registered voters in each precinct, shall apply to and control in precincts in counties in which electronic voting systems have been adopted, except that the maximum number of registered voters shall be one thousand five hundred per precinct. The county commissions of such counties, subject to other provisions of this chapter with respect to the altering or changing of the boundaries of voting precincts, may change the boundaries of precincts or consolidate precincts as practicable, to achieve the maximum advantage from the use of electronic voting systems.

(b) The county commission may, in the urban centers of any county adopting an electronic voting system, designate a voting place outside the boundaries of a precinct, provided such voting place is in a public building of sufficient size and in an adjoining precinct. In such event, more than one precinct may vote in any such public building. Upon combination of adjoining precincts pursuant to this subsection, the county commission shall: (1) Publish its order combining the precincts in the same manner as an order of consolidation pursuant to section seven, article one of this chapter; and (2) cause its order to be published with each sample ballot publication required by this chapter.
W. Va. Code § 49-1-209 — WV Code / Chapter 49 / Article 1 / Section 209
§49-1-209. Definitions related, but not limited, to missing children.
Status: in_force

As used in article six of this chapter:

“Child” means an individual under the age of eighteen years who is not emancipated;

“Clearinghouse” means the West Virginia missing children information clearinghouse;

“Custodian” means a parent, guardian, custodian or other person who exercises legal physical control, care or custody of a child;

“Missing child” means a child whose whereabouts are unknown to the child's custodian and the circumstances of whose absence indicate that:

(A) The child did not leave the care and control of the custodian voluntarily and the taking of the child was not authorized by law; or

(B) The child voluntarily left the care and control of his or her custodian without the custodian's consent and without intent to return;

“Missing child report” means information that is:

(A) Given to a law-enforcement agency on a form used for sending information to the national crime information center; and

(B) About a child whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;

“Possible match” means the similarities between an unidentified body of a child and a missing child that would lead one to believe they are the same child;

“Reporter” means the person who reports a missing child; and

“State agency” means an agency of the state, political subdivision of the state or public post-secondary educational institution.
W. Va. Code § 16-5V-24 — WV Code / Chapter 16 / Article 5V / Section 24
§16-5V-24. Awards and benefits to surviving spouse – When member dies from nonservice-connected causes.
Status: in_force

(a) If a member who has been a contributing member for at least 10 years dies prior to retirement from any cause other than those specified in §16-5V-23 of this code and not due to vicious habits, intemperance or willful misconduct on his or her part, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime, a sum equal to the greater of: (1) One half of the annual compensation received by the deceased member during the last 12 full months of contributory service; or (2) if the member dies after meeting early or normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a one hundred percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(b) In any case where a retirant who had been a contributing member for at least 10 years, had not obtained the age of 60 and was receiving benefits pursuant to §16-5V-20 of this code and leaves a surviving spouse, the fund shall pay annually in equal monthly installments to the surviving spouse during his or her lifetime a sum equal to the greater of: (1) One half of the annual compensation received by the deceased member during the last 12 full months of contributory service; or (2) If the retirant dies after meeting early or normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(c) Benefits for a surviving spouse received under this section, or other sections of this article are in lieu of receipt of any other benefits under this article for the spouse or any other person or under the provisions of any other state retirement system based upon the member's covered employment.
W. Va. Code § 19-2C-8A — WV Code / Chapter 19 / Article 2C / Section 8A
§19-2C-8a. Revocation.
Status: in_force

In addition to the penalties in section eight of this article, the commissioner may, by order, suspend, deny or revoke any license granted hereunder for any violation of this article or the rules and regulations promulgated hereunder or for any of the following reasons:

(a) Obtaining a license through false or fraudulent representation;

(b) Making any substantial misrepresentation in any application for an auctioneer’s or apprentice auctioneer’s license;

(c) Engaging in a continued or flagrant course of misrepresentation or for making false promises through an agent, advertisement or otherwise;

(d) Failing to account for or remit within a reasonable time any money belonging to others that comes into his or her possession;

(e) Being convicted in any court of competent jurisdiction of this state or any other state of a criminal offense involving moral turpitude or a felony; or for failing to notify the department of any such conviction within 15 days of conviction;

(f) Violating any other laws related to the conduct of auctions or auctioneering;

(g) Engaging in any conduct of an auctioneer which demonstrates dishonesty or incompetency;

(h) Engaging in any other conduct that constitutes fraudulent or dishonest dealing;

(i) Engaging in any other unethical conduct in the contexts of his or her work as an auctioneer; and

(j) Acting as an attorney for a client.

Any auctioneer or apprentice auctioneer who has had his or her license suspended or revoked shall not be issued another such license until a period not to exceed two years has elapsed from the date of revocation. The commissioner may also require the successful completion of the examinations required for an auctioneer’s license or an apprentice auctioneer’s license.
W. Va. Code § 33-15E-11 — WV Code / Chapter 33 / Article 15E / Section 11
§33-15E-11. Marketing requirements.
Status: in_force

(a) A discount medical plan organization may market directly or contract with other marketers for the distribution of its product.

(b) (1) A discount medical plan organization shall have a written agreement with a marketer prior to the marketer's marketing, promoting, selling or distributing the discount medical plan.

(2) The agreement between the discount medical plan organization and the marketer shall prohibit the marketer from using advertising, marketing materials, brochures and discount medical plan cards without the discount medical plan organization's approval in writing.

(3) The discount medical plan organization shall be bound by and responsible for the activities of a marketer that are within the scope of the marketer's agency relationship with the organization.

(c) A discount medical plan organization shall approve in writing all advertisements, marketing materials, brochures and discount cards used by marketers to market, promote, sell or distribute the discount medical plan prior to their use.
W. Va. Code § 18-7A-27 — WV Code / Chapter 18 / Article 7A / Section 27
§18-7A-27. Regular interest.
Status: in_force

Regular interest shall be added to all sums, except for prior service, due and payable to beneficiaries under this article.
W. Va. Code § 17-3-9 — WV Code / Chapter 17 / Article 3 / Section 9
§17-3-9. Signs along interstate highways.
Status: in_force

The state road commissioner shall agree in behalf of this state to permit the erection of signs within the rights-of-way of the interstate highway system, as authorized by subsection (f) of section 131, Title 23, United States code, to the full extent authorized or agreed to by the secretary of transportation.
W. Va. Code § 31A-2B-5 — WV Code / Chapter 31A / Article 2B / Section 5
§31A-2B-5. Written authorization for disclosure.
Status: in_force

(a) Notwithstanding §31A-2B-4 of this code, a financial institution may disclose a customer’s protected financial information to a government entity if the customer provides the financial institution with written authorization for said disclosure. The written authorization described by this section must contain the following:

(1) A statement that the customer consents to the disclosure of the protected financial information, along with the definition provided in §31A-2B-3(14) of this code, for a specific period;

(2) A statement that the customer has the right to refuse to consent to disclosure;

(3) A statement that the customer understands his or her right to revoke said consent at any time before the protected financial information is disclosed;

(4) A description of the financial records authorized to be disclosed;

(5) The purpose for which disclosure of the protected financial information is authorized;

(6) The recipient or recipients of the disclosure; and

(7) The customer’s signature.

(b) The written authorization described in this section may not be required as a condition of doing business or transacting with any financial institution.

(c) The written authorization required by this section must be executed distinctly and separately from other agreements or instruments entered into between the customer and financial institution.
W. Va. Code § 16-15-2 — WV Code / Chapter 16 / Article 15 / Section 2
§16-15-2. Legislative declaration of necessity for creation of housing authority corporations.
Status: in_force

It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety, morals and welfare of the public, it is necessary in the public interest to provide for the creation of public corporate bodies to be known as housing authorities, and to confer upon and vest in said housing authorities all powers necessary or appropriate in order that they may engage in low and moderate cost housing development and slum clearance projects; and that the powers herein conferred upon the housing authorities, including the power to acquire and dispose of property, to remove unsanitary or substandard conditions, to construct and operate housing developments and to borrow, expend and repay moneys for the purpose herein set forth, are public objects essential to the public interest.
W. Va. Code § 17D-2-2 — WV Code / Chapter 17D / Article 2 / Section 2
§17D-2-2. Commissioner to furnish abstract of operating record; fee for abstract.
Status: in_force

The commissioner shall upon request and subject to the provisions of article two-a, chapter seventeen-a of this code, furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, and if there is no record of any conviction of the person of a violation of any law relating to the operation of a motor vehicle or of any injury or damage caused by the person, the commissioner shall so certify. The commissioner shall collect $7.50 for each abstract. The Division of Motor Vehicles may adjust this fee every five years on September 1, based on the U. S. Department of Labor, Bureau of Labor Statistics most current Consumer Price Index: Provided, That an increase in such fee may not exceed ten percent of the total fee amount in a single year.

The provisions of this section enacted in 2017 take effect on July 1, 2017.
W. Va. Code § 18-5-21E — WV Code / Chapter 18 / Article 5 / Section 21E
§18-5-21e. Rules and regulations for care, distribution and use of free textbooks; reports by county boards; funds may be withheld from county for violation of rules.
Status: in_force

The state Board of Education shall have authority to prescribe rules and regulations governing the care, distribution and use of free textbooks including their rebinding, reconditioning, replacement, return and storage, and such other measures as may be necessary for efficient and economical administration.

The state Board of Education is further authorized to prescribe and require reports to be made by the various county boards of education concerning the expenditures and distributions and conditions of inventories at such time and in such form as the board may require.

The State Superintendent of Schools is authorized to withhold the state allotment of free textbook money from any county for violation of the rules and regulations herein authorized.