FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 18B-2C-4 — WV Code / Chapter 18B / Article 2C / Section 4
§18B-2C-4. Authority of council in creating West Virginia community and technical college.
Status: in_force

(a) Subject to the provisions of subsection (c), section three of this article, if the council makes a determination that one or more of the conditions exists, then the council is authorized to create the West Virginia community and technical college.

(b) As soon as practicable after the council determines that the college should be created, the council shall notify the Governor, the President of the Senate, the Speaker of the House of Delegates and the Legislative Oversight commission on education accountability of the proposed actions. The council shall conduct a study regarding the procedures, findings and determinations considered necessary prior to any creation of the college and shall report its findings to the Legislative Oversight commission on education accountability. The council may not create the college prior to the report being received by the Legislative Oversight commission on education accountability.

(c) On or before December 1, of the year in which the college is created, the council shall certify to the Legislative Oversight commission on education accountability proposed legislation to accomplish the purposes of this article for those matters requiring statutory change.
W. Va. Code § 30-3-17 — WV Code / Chapter 30 / Article 3 / Section 17
§30-3-17. Limitation of article.
Status: in_force

The practice of medicine and surgery by persons possessing the degree of doctor of osteopathy and authorized by the laws of this state to practice medicine and surgery shall in no way be affected by the provisions of this article.
W. Va. Code § 17A-6B-3 — WV Code / Chapter 17A / Article 6B / Section 3
§17A-6B-3. Fee required for license certificate; special fund created.
Status: in_force

The initial application fee for a certificate to engage in the license service business is $25. The renewal fee for the certificate is $25.
W. Va. Code § 48-22-302 — WV Code / Chapter 48 / Article 22 / Section 302
§48-22-302. Timing and execution of consent or relinquishment.
Status: in_force

(a) No consent or relinquishment may be executed before the expiration of seventy-two hours after the birth of the child to be adopted.

(b) A consent or relinquishment executed by a parent or guardian as required by the provisions of section 22-301 must be signed and acknowledged in the presence of one of the following:

(1) A judge of a court of record;

(2) A person whom a judge of a court of record designates to take consents or relinquishments;

(3) A notary public;

(4) A commissioned officer on active duty in the military service of the United States, if the person executing the consent or relinquishment is in military service; or

(5) An officer of the foreign service or a consular officer of the United States in another country, if the person executing the consent or relinquishment is in that country.
W. Va. Code § 31A-4A-4 — WV Code / Chapter 31A / Article 4A / Section 4
§31A-4A-4. Filing of incorporation or organization.
Status: in_force

After the board of Banking and Financial Institutions issues an order granting a state charter to the converting institution, the bank shall file in the office of the Secretary of State a certificate of incorporation in compliance with chapter thirty-one-d of this code or articles of organization in compliance with chapter thirty-one-b of this code as applicable under section five, article four of this chapter.
W. Va. Code § 29-3B-7 — WV Code / Chapter 29 / Article 3B / Section 7
§29-3B-7. Denial of license; suspension and revocation of license.
Status: in_force

(a) The State Fire Marshal may deny a license to any applicant who fails to comply with the rules established by the State Fire Marshal, or who lacks the necessary qualifications; Provided , That the State Fire Marshal shall apply §29-3B-4(b) when determining if an applicant is eligible for licensure.

(b) The State Fire Marshal may upon complaint or upon his or her own inquiry and, after notice to the licensee, suspend or revoke a licensee’s license if:

(1) The license was granted upon an application or documents supporting such application which materially misstated the terms of the applicant’s qualifications or experience;

(2) The licensee subscribed or vouched for a material misstatement by an applicant;

(3) The licensee incompetently or unsafely performs electrical work; or

(4) The licensee fails to comply with any rule of the State Fire Marshal promulgated to fulfill his or her responsibilities under this article.

(c) Any person aggrieved by an order or decision of the State Fire Marshal under this article is entitled to judicial review as provided by section eighteen, article three of this chapter and by chapter twenty-nine-a of this code.
W. Va. Code § 33-15A-7 — WV Code / Chapter 33 / Article 15A / Section 7
§33-15A-7. Severability.
Status: in_force

If any provision of this act or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the act and application of such provision to other persons or circumstances shall not be affected thereby.
W. Va. Code § 56-3-32 — WV Code / Chapter 56 / Article 3 / Section 32
§56-3-32. Process is part of record without oyer.
Status: in_force

The writ or process commencing any action at law or suit in equity shall be a part of the record, without oyer thereof.
W. Va. Code § 22C-8-3 — WV Code / Chapter 22C / Article 8 / Section 3
§22C-8-3. Application of article; exclusions.
Status: in_force

(a) Except as provided in subsection (b) of this section, the provisions of this article shall apply to all lands located in this state, under which a coal seam as defined in section two of this article and section one, article six, chapter twenty-two of this code, is located, however owned, including any lands owned or administered by any government or any agency or subdivision thereof, over which the state has jurisdiction under its police power. The provisions of this article are in addition to and not in derogation of or substitution for the provisions of this chapter or chapter twenty-two of this code.

(b) This article shall not apply to or affect:

(1) Deep wells;

(2) Oil wells and enhanced oil recovery wells associated with oil wells;

(3) Any shallow well as to which no objection is made under section seventeen, article six, chapter twenty-two of this code;

(4) Wells as defined in subdivision (4), section one, article nine, chapter twenty-two of this code; or

(5) Free gas rights.
W. Va. Code § 33-2-9A — WV Code / Chapter 33 / Article 2 / Section 9A
§33-2-9a. Imposing a one-time assessment on all insurance carriers.
Status: in_force

For the purpose of completely novating the physician liability currently borne by the state under the West Virginia health care provider professional liability insurance availability act found in article twelve-b, chapter twenty-nine of this code, and to help capitalize the physicians' mutual insurance company created pursuant to article twenty-f of this chapter, and for all the reasons set forth in section two of said article, the Insurance Commissioner shall impose a special one-time assessment of $2,500 on all insurers licensed under this chapter for the privilege of writing insurance in the State of West Virginia, except risk retention groups defined in subsection (f), section four, article thirty-two of this chapter and risk purchasing groups defined in subsection (e), section seventeen of said article. The assessment is due and payable on July 1, 2003. The commissioner shall transfer funds collected pursuant to this section to the physicians' mutual insurance company.
W. Va. Code § 16-5V-18 — WV Code / Chapter 16 / Article 5V / Section 18
§16-5V-18. Refunds to certain members upon discharge or resignation; deferred retirement; preretirement death; forfeitures.
Status: in_force

(a) Any member who terminates covered employment and is not immediately eligible to receive disability or retirement income benefits under this article is, by written request filed with the board, entitled to receive from the fund the member's accumulated contributions. Except as provided in subsection (b) of this section, upon withdrawal, the member shall forfeit his or her accrued benefit and cease to be a member.

(b) Any member who ceases employment in covered employment and active participation in this plan and who thereafter becomes reemployed in covered employment may not receive any credited service for any prior withdrawn accumulated contributions from either this plan or the Public Employees Retirement System unless following his or her return to covered employment and active participation in this plan, the member redeposits in the fund the amount of the accumulated contributions withdrawn from previous covered employment, together with interest on the accumulated contributions at the rate determined by the board from the date of withdrawal to the date of redeposit. Upon repayment he or she shall receive the same credit on account of his or her former covered employment as if no refund had been made.

The repayment authorized by this subsection shall be made in a lump sum within 60 months of the emergency medical services officer's reemployment in covered employment or, if later, within 60 months of the effective date of this article.

(c) A member of this plan who has elected to transfer from the Public Employees Retirement System into this plan pursuant to §16-5V-6(b) of this code, may not, after having transferred into and become an active member of this plan, reinstate to his or her credit in this plan any service credit relating to periods of nonemergency medical services officer service withdrawn from the Public Employees Retirement System prior to his or her elective transfer into this plan.

(d) Every member who completes 60 months of covered employment is eligible, upon cessation of covered employment, to either withdraw his or her accumulated contributions in accordance with this section or to choose not to withdraw his or her accumulated contribution and to receive retirement income payments upon attaining early or normal retirement age.

(e) In the event a member dies from any cause other than those specified in §16-5V-23 of this code and does not have 10 or more years of contributory service, the member's accumulated contributions may be paid to a named beneficiary or beneficiaries. If no beneficiary is named, then the accumulated contributions shall be paid to the estate of the deceased member.

(f) Notwithstanding any other provision of this article, forfeitures under the plan may not be applied to increase the benefits any member would otherwise receive under the plan.
W. Va. Code § 38-3-8 — WV Code / Chapter 38 / Article 3 / Section 8
§38-3-8. Notation of executions on judgment lien docket.
Status: in_force

It shall be the duty of the clerk of the county court, upon the filing of the execution, or a copy thereof, as provided in the preceding section or upon the filing of any execution issued by any court of the United States within this state, to note on the judgment lien docket, in the column provided for such notation, or on the margin of the record of such judgment, the date on which such execution issued and the date of the filing thereof.
W. Va. Code § 16-5J-6 — WV Code / Chapter 16 / Article 5J / Section 6
§16-5J-6. Hearing and judicial review.
Status: in_force

If a license is withheld, suspended or revoked, the laboratory is entitled to a hearing before representatives of the department of health within sixty days of the withholding, suspension or revocation decision. Such laboratory may be represented at the hearing by counsel and may present evidence in its defense. The final order of the director will be based on a record of the hearing and shall contain findings of fact and conclusions of law. The laboratory may appeal an adverse order to the circuit court of Kanawha County or the circuit court of the county in which the laboratory is located to determine whether the director abused his discretion or exceeded his jurisdiction. The department of health has the power to obtain an injunction during the time preceding the hearing against any laboratory which fails to meet licensure requirements and whose continued operation poses a significant threat to the public health.
W. Va. Code § 3-1B-1 — WV Code / Chapter 3 / Article 1B / Section 1
§3-1B-1. Legislative findings, purpose, declaration and intent.
Status: in_force

The Legislature hereby finds and declares that every candidate for public office in this state should follow the basic principles of decency, honesty and fairness in the course of their campaign practices.

The Legislature hereby further declares that the code of fair campaign practices, as contained in this article, is a standard to which all candidates for public office should aspire and is a guideline for voters to determine fair play in the conduct of campaigns for public office.

It is the further goal of the Legislature that every candidate for public office in this state will voluntarily subscribe and adhere to the code of campaign practices.
W. Va. Code § 48-16-605 — WV Code / Chapter 48 / Article 16 / Section 605
§48-16-605. Notice of registration of order.
Status: in_force

(a) When a support order or income withholding order issued in another state or a foreign support order is registered, the clerk of the court shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) A notice must inform the nonregistering party:

(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under section 707 [§48-16-707];

(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(4) Of the amount of any alleged arrearages.

(c) If the registering party asserts that two or more orders are in effect, a notice must also:

(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(2) Notify the nonregistering party of the right to a determination of which is the controlling order;

(3) State that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and

(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's source of income pursuant to section 14-401 et seq. [§48-14-401 et seq.], of this chapter.
W. Va. Code § 54-1-10 — WV Code / Chapter 54 / Article 1 / Section 10
§54-1-10. Taking wood and other materials and water; deposits of waste; cutting trees.
Status: in_force

Any railroad company may, in the manner provided by this chapter, enter upon and take from any land adjacent to or in the vicinity of its road, wood, earth, gravel, shale, stone or other material necessary to be used in constructing, maintaining, repairing, operating, enlarging or altering its road, and in like manner may acquire land for any such purpose, or for the purpose of depositing and wasting thereon earth, gravel, shale, stone or other material excavated by it in the construction, maintenance, repair, operation, alteration or enlargement of its railroad. Any railroad company may in like manner take, impound and consume any and all water not required by the owner thereof and necessary for the use of its engines, whether locomotive or stationary, and such land contiguous to such water as shall be required for the construction of suitable wells or reservoirs, locating its pumps and machinery, the erection of necessary buildings and for a right of way thereto; and may also acquire such right of way as may be necessary for pipes to be used for conducting such water to the proper locality: Provided, That the owner of the land on which the water condemned is situated, or the riparian owners below affected, shall have the right to use water necessary for purposes connected with the proper use and operation of their land, or for domestic purposes or the watering of domestic animals. Any railroad company may take and cut down any standing trees that may be in danger of falling upon or obstructing its railroad, making compensation therefor in the manner provided by this chapter.
W. Va. Code § 64-9-12 — WV Code / Chapter 64 / Article 9 / Section 12
§64-9-12. Medical Imaging and Radiation Therapy Technology Board of Examiners.
Status: in_force

(a) The legislative rule filed in the State Register on June 3, 2025, authorized under the authority of §30-23-7 of this code, modified by the Medical Imaging Technologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 13, 2025, relating to the Medical Imaging Technologists (Medical Imaging and Radiation Therapy Technology Board of Examiners, 18 CSR 01), is authorized.

(b) The legislative rule filed in the State Register on June 3, 2025, authorized under the authority of §30-23-7 of this code, relating to the Medical Imaging and Radiation Therapy Technology Board of Examiners (continuing education, 18 CSR 02), is authorized.

(c) The legislative rule filed in the State Register on July 16, 2025, authorized under the authority of §30-23-7 of this code, modified by the Medical Imaging and Radiation Therapy Technology Board of Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 13, 2025, relating to the Medical Imaging and Radiation Therapy Technology Board of Examiners (standards of ethics, 18 CSR 05), is authorized.
W. Va. Code § 31-18B-11 — WV Code / Chapter 31 / Article 18B / Section 11
§31-18B-11. Procedural rules required.
Status: in_force

The Housing Development Fund may promulgate procedural rules pursuant to chapter twenty-nine-a which describe procedures used to procure a loan pursuant to the provisions of this article and to introduce such forms as may be required.
W. Va. Code § 31B-12-1207 — WV Code / Chapter 31B / Article 12 / Section 1207
§31B-12-1207. Equality of workers' compensation treatment.
Status: in_force

(a) Notwithstanding any provision of subdivision (3), subsection (g), section one, article two, chapter twenty-three of this code to the contrary, all covered members of limited liability companies which are treated as partnerships for federal income tax purposes shall be subject to the calculation of premium on the members as provided for partners in a partnership in section one-b, article two, chapter twenty-three of this code. Any limited liability company excluding any member from workers' compensation coverage or computing premiums on such member as a partner prior to the effective date of this section is deemed to have made an effective election in accordance with the provisions of this section for all periods until such limited liability company modifies the election.

(b) Notwithstanding any provision of subdivision (3), subsection (g), section one, article two, chapter twenty-three of this code to the contrary, a person is not a member of a limited liability company for whom coverage is required under that section if the person is a member solely as an investor and does not participate in the direction, administration, or control of the company and its activities or investments unless that person is employed in the service of the company for the purpose of carrying on the industry, business, service or work in which it is engaged.
W. Va. Code § 31A-8F-17 — WV Code / Chapter 31A / Article 8F / Section 17
§31A-8F-17. Licenses not transferable.
Status: in_force

No license issued by the commissioner in accordance with this article shall be transferable or assignable.
W. Va. Code § 49-5-105 — WV Code / Chapter 49 / Article 5 / Section 105
§49-5-105. Juvenile justice database; individual records confidential.
Status: in_force

The West Virginia Supreme Court of Appeals is responsible for collecting, compiling and disseminating information in the juvenile justice database. Notwithstanding any other provision of this code to the contrary, the court shall grant the Division of Justice and Community Services access to confidential juvenile records for the limited purpose of the collection and analysis of statistical data. However, the division shall keep the records confidential and not publish any information that would identify any individual juvenile.
W. Va. Code § 22C-9-6 — WV Code / Chapter 22C / Article 9 / Section 6
§22C-9-6. Waste of oil or gas prohibited.
Status: in_force

Waste of oil or gas is hereby prohibited.
W. Va. Code § 55-2A-5 — WV Code / Chapter 55 / Article 2A / Section 5
§55-2A-5. Citation.
Status: in_force

This article may be cited as the "Uniform Statute of Limitations on Foreign Claims Act."
W. Va. Code § 32-6-608 — WV Code / Chapter 32 / Article 6 / Section 608
§32-6-608. Immunity for Delaying Transactions or Disbursements.
Status: in_force

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with §32-6-607 of this code is immune from any administrative or civil liability that might otherwise arise from the delay in a transaction or disbursement.
W. Va. Code § 11-15A-12 — WV Code / Chapter 11 / Article 15A / Section 12
§11-15A-12. Bond to secure payment.
Status: in_force

The Tax Commissioner may, when in his judgment it is necessary and advisable to do so in order to secure the collection of the tax levied under this article, authorize any person subject to such tax and any retailer required or authorized to collect such tax, pursuant to the provisions of sections six and seven of this article, to file with him a bond issued by a surety company authorized to transact business in this state and approved by the Insurance Commissioner as to solvency and responsibility, in such amount as the Tax Commissioner may fix, to secure the payment of any tax, additions to tax, penalties and interest due or which may become due from such person. In lieu of such bond, securities approved by the Tax Commissioner, in such amount as he may prescribe, may be deposited with him which securities shall be kept in the custody of the State Treasurer and may be sold by him at public or private sale, after notice to the depositor thereof, if it becomes necessary to do so in order to recover any tax, additions to tax, penalties and interest due. Upon any such sale, the surplus, if any, above the amounts due under this article and article ten of this chapter, shall be returned to the person who deposited the securities.
W. Va. Code § 39-3-14 — WV Code / Chapter 39 / Article 3 / Section 14
§39-3-14. Taking testimony as to lost records -- Fees payable to clerk and witnesses.
Status: in_force

The person at whose instance such testimony is taken shall pay to such clerk for his services in such behalf the same fees as are allowed to commissioners in chancery, and to witnesses the same compensation as is allowed to witnesses in other cases. All such fees due the clerk shall be collected by him and paid into the county treasury, and may be collected in the same manner and by the same remedies as costs in a common-law action.