FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 55-6-3 — WV Code / Chapter 55 / Article 6 / Section 3
§55-6-3. Seizure of property by officer.
Status: in_force

It shall be the duty of the officer to whom any such summons or order is delivered to proceed forthwith to execute the same; and he may, if necessary, break open and enter any house or other inclosure in which such property may be, in order to seize the same.
W. Va. Code § 47-18-4 — WV Code / Chapter 47 / Article 18 / Section 4
§47-18-4. Establishment, maintenance or use of monopoly.
Status: in_force

The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any persons for the purpose of excluding competition or controlling, fixing or maintaining prices is unlawful.
W. Va. Code § 48-25-101 — WV Code / Chapter 48 / Article 25 / Section 101
§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.
Status: in_force

(a) A person desiring a change of his or her own name, or that of his or her child, may apply to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:

(1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition or that he or she is a nonresident of the county who was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years;

(2) The cause for which the change of name is sought;

(3) The new name desired;

(4) The name change is not for purposes of avoiding debt or creditors;

(5) The petitioner seeking the name change is not a registered sex offender pursuant to any state or federal law;

(6) The name change sought is not for purposes of avoiding any state or federal law regarding identity;

(7) The name change sought is not for any improper or illegal purpose;

(8) The petitioner is not a convicted felon in any jurisdiction;

(9) The name change sought is not for any purpose of evading detection, identification or arrest by any local, state or federal law-enforcement agency; and

(10) Whether or not the petitioner desires to protect his or her identity for personal safety reasons.

(b) After filing the petition and at least ten days before the hearing to consider the application, the person shall cause a notice of the time and place that the application will be made to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The petitioner shall in the notice set forth the name to which his or her name will be changed, unless as shown in the petition to the court, the name change is being requested because the petitioner desires to protect his or her identity for personal safety reasons: Provided, That upon good cause shown, there may be a closed hearing. The publication area for the publication is the county. The publication shall contain a provision that the hearing may be rescheduled without further notice or publication.
W. Va. Code § 17-17-33 — WV Code / Chapter 17 / Article 17 / Section 33
§17-17-33. Same -- Creation of mortgage lien.
Status: in_force

In the event bonds, or other evidences of indebtedness, issued under the provisions of this act are not secured by a mortgage or deed of trust on the bridge acquired from the sale of such bonds, or other evidences of indebtedness, there shall be, and there is hereby, created a statutory mortgage lien upon the bridge and approaches so acquired or constructed from the proceeds of bonds, or other evidences of indebtedness, authorized to be issued, which shall exist in favor of the holder of said bonds, and each of them, and to and in favor of the holder of the coupons attached to said bonds, and such bridge and approaches thereto shall remain subject to such statutory mortgage lien until payment in full of the principal and interest of said bonds, or other evidences of indebtedness. Any holder of bonds, or other evidences of indebtedness, issued under the provisions of this act, or of any coupons representing interest accrued thereon, may, either at law or in equity, enforce the statutory mortgage lien hereby conferred, and may, by proper suit, compel the performance of the duties of the officials of the issuing municipality or county court set forth in this act. If there be default in the payment of the principal of and/or interest upon any of said bonds, or other evidences of indebtedness, any court having jurisdiction in any proper action may appoint a receiver to administer said bridge on behalf of the municipality or county court, with power to charge and collect rates sufficient to provide for the payment of said bonds, or other evidences of indebtedness, and interest thereon, and for the payment of the operating expenses and to apply the income and revenues in conformity with this act and the order of ordinance providing for the issuance of said bonds, or other evidence of indebtedness.
W. Va. Code § 7-12-9 — WV Code / Chapter 7 / Article 12 / Section 9
§7-12-9. Agreements in connection with obtaining funds.
Status: in_force

The authority may, in connection with obtaining funds for its purposes, enter into any agreement with any person, firm or corporation, including the federal government; or any agency or subdivision thereof, containing such provisions, covenants, terms and conditions as the authority may deem advisable.
W. Va. Code § 21A-1A-10 — WV Code / Chapter 21A / Article 1A / Section 10
§21A-1A-10. Board.
Status: in_force

"Board" means board of review.
W. Va. Code § 5-10-5 — WV Code / Chapter 5 / Article 10 / Section 5
§5-10-5. Board of trustees created; powers and duties generally; composition.
Status: in_force

The board of trustees of the West Virginia Public Employees Retirement System is hereby continued. The administration and management of the retirement system, the responsibility for making effective the provisions of this article, and the authority to make all rules and regulations therefor are hereby vested in the said board of trustees through June 30, 1991, and thereafter in the Consolidated Public Retirement Board created by article ten-d of this chapter and except as otherwise specifically provided in this article. The board shall consist of five trustees, as follows:

(a) The Auditor of the state, by virtue of his office;

(b) The treasurer of the state, by virtue of his office;

(c) The commissioner of finance and administration, by virtue of his office;

(d) A resident of the state, who is not a member, retirant or beneficiary of the retirement system, to be appointed by the Governor, by and with the advice and consent of the Senate;

(e) One member of the retirement system, who is an employee of a participating public employer other than the State of West Virginia, to be appointed by the Governor, by and with the advice and consent of the Senate.
W. Va. Code § 20-2D-6 — WV Code / Chapter 20 / Article 2D / Section 6
§20-2D-6. General provisions regarding wildlife rehabilitation.
Status: in_force

(a) Permit holders or designated in-shelter assistants may have contact with wildlife being rehabilitated only to the extent necessary for adequate care and treatment. Wildlife may not be habituated to humans, tamed, kept as pets, or used in inappropriate ways.

(b) Public exhibition of wildlife being rehabilitated is prohibited.

(c) Permit holders shall notify the director immediately of the receipt of a federally threatened or endangered species.

(d) On advice from the permit holder’s consulting veterinarian, an injured or sick wildlife that is incapable of surviving if released to the wild must be:

(1) Humanely euthanized under the direction of the permit holder’s consulting veterinarian;

(2) Turned over to the director or his or her designee; or

(3) On approval by the director, may remain with the rehabilitator for educational display.

(e) Euthanasia of wildlife shall be carried out by the most humane means possible under the direction of the permit holder’s consulting veterinarian according to criteria established by the American Veterinary Medical Association, the National Wildlife Rehabilitators Association, or the International Wildlife Rehabilitators Council. Threatened or endangered species may be euthanized only on written approval from the director.

(f) Wildlife that are euthanized or die of natural causes must be buried or incinerated, except migratory birds. Federal permit holders must follow the guidelines of their permits for the final disposition of carcasses.

(g) Permit holders may not sell, barter, or give away any live or dead wildlife or any parts thereof.

(h) The Director or his or her designee shall be able to inspect any wildlife rehabilitation facility at any time for reasons including disease surveillance, collection of treatment records, and wildlife welfare checks.

(i) The Director can require wildlife to be tested, quarantined, and destroyed if they are exposed to or known to possess diseases or parasites of pathological or ecological significance to humans, domestic livestock and poultry, or native wildlife.
W. Va. Code § 46A-4-105 — WV Code / Chapter 46A / Article 4 / Section 105
§46A-4-105. Examinations; assessments and investigations.
Status: in_force

(1) The commissioner shall examine at least every eighteen months the loans, business and records of every licensee. In addition, for the purpose of discovering violations of this article or securing information lawfully required, the Attorney General or the commissioner may at any time investigate the loans, business and records of any regulated consumer lender. For these purposes he shall have free and reasonable access to the offices, places of business and records of the lender.

(2) If the lender's records are located outside this state, the lender at his option shall make them available to the commissioner at a convenient location within this state, or pay the reasonable and necessary expenses for the commissioner or his representatives to examine them at the place where they are maintained. The commissioner may designate representatives, including comparable officials of the state in which the records are located, to inspect them on his behalf.

(3) For the purposes of this section, the commissioner may administer oaths or affirmations, and upon his own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.

(4) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the commissioner may apply to any circuit court of this state for an order compelling compliance.

(5) The commissioner of banking shall charge and collect from each regulated consumer lender and pay into a special revenue account in the State Treasury for the department of banking an annual assessment payable on July 1, computed upon the total outstanding gross loan balances and installment sales contract balances net of unearned interest as is set out in section eight, article two, chapter thirty-one-a of this code.
W. Va. Code § 5-10-22B — WV Code / Chapter 5 / Article 10 / Section 22B
§5-10-22b. Supplemental benefits for certain annuitants.
Status: in_force

Any annuitant who is receiving a retirement annuity of less than $7,500 annually shall receive, upon application, a supplemental benefit, prospectively, under this section from the public employees retirement fund: Provided, That the effective date of retirement for such annuitant was prior to July 1, 1979, and he had ten years or more of credited service at the time of such retirement. For the purposes of this section, "effective date of retirement" means the last day of actual employment, or the last day carried on the payroll of the employer, whichever is later, together with a meeting fully of all eligibility requirements for retirement prior to the aforesaid effective date. Any annuitant retired pursuant to the disability provisions of this article shall be considered to have had ten years or more credited service at the time of such retirement.

Each such annuitant shall receive as his supplemental benefit an increased annual amount which is the product of the sum of $18 multiplied by his years of credited service: Provided, That the total annuity of any annuitant affected by the provisions of this section, together with any of the other provisions of this article, shall not exceed $7,500 annually.

Any annuitant receiving the supplemental benefit provided for herein for the annuity payment period just prior to July 1, 1985, or any annuitant made newly eligible for receipt of such supplemental benefit on such date, shall receive a nineteen percent increase in the amount of such supplemental benefit prior received or newly calculated, effective on and after July 1, 1985, and irrespective of the maximum total annuity proviso and limitation of $7,500 annually. In any fiscal year in which pay increases are granted by the Legislature to active public employees, there may also be given an increase in retirement benefits for retired public employees, if funding is available for this purpose.

For the purpose of calculating the supplemental benefit provided in this section, fractional parts of a service credit year are to be disregarded unless in excess of one half of a credited service year, in which event the same shall constitute a full year of service credit.

For the purpose of computation for determination of eligibility and for the amount of any supplemental benefit hereunder, separate computation shall be made of a retirant's own benefit and that which may be receivable as beneficiary of another, under the provisions of this article, with each such benefit being eligible for the supplemental benefit herein provided.
W. Va. Code § 46-9-331 — WV Code / Chapter 46 / Article 9 / Section 331
§46-9-331. Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under article eight.
Status: in_force

PART 3. PERFECTION AND PRIORITY.

(a) Rights under articles three, seven and eight not limited. This article does not limit the rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document of title has been duly negotiated or a protected purchaser of a security. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in articles three, seven and eight.

(b) Protection under article eight. This article does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under article eight.

(c) Filing not notice. Filing under this article does not constitute notice of a claim or defense to the holders, or purchasers, or persons described in subsections (a) and (b) of this section.
W. Va. Code § 11-13O-6 — WV Code / Chapter 11 / Article 13O / Section 6
§11-13O-6. Proration of credit among partners, members of limited liability companies, or shareholders in small business corporations.
Status: in_force

The amount of credit allowed under this article for the taxable year to a partnership or limited liability company classified as a partnership for the taxable year, or to an electing small business corporation, that remains after application the credit against the tax imposed by article twenty-three of this chapter as provided in subsection (a), section five of this article shall be allocated to the individual partners, members or shareholders, as the case may be, in proportion to their ownership interest in the partnership, limited liability company or electing small business corporation. The amount of credit allocated to the individual partners, members or shareholders, as the case may be, may be applied against the taxes imposed by articles twenty-one and twenty-four of this chapter in accordance with the rule set forth in subsection (b), section five of this article.
W. Va. Code § 17C-24-2 — WV Code / Chapter 17C / Article 24 / Section 2
§17C-24-2. Rules for personal delivery devices and mobile carriers.
Status: in_force

(a) A personal delivery device or mobile carrier may operate on sidewalks and crosswalks. A personal delivery device or mobile carrier operating on a sidewalk or crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device or mobile carrier shall not unreasonably interfere with pedestrians or traffic, and shall yield the right-of-way to pedestrians on the sidewalk or crosswalk.

(b) Personal delivery devices and mobile carriers shall:

(1) Obey all official traffic and pedestrian control signals and devices;

(2) For personal delivery devices, include a plate or marker that has a unique identifying device number and identifies the name and contact information of the personal delivery device operator; and

(3) Be equipped with a braking system that, when active or engaged, enables the personal delivery device or mobile carrier to come to a controlled stop.

(c) Mobile carriers shall not:

(1) Operate on a public highway except to the extent necessary to cross a crosswalk;

(2) Operate on a sidewalk or crosswalk unless the mobile carrier owner is actively controlling or monitoring the navigation and remains within 25 feet of the mobile carrier;

(3) Transport hazardous materials as defined in RSA 259:40; or

(4) Transport persons or animals.

(d) Personal delivery devices shall not:

(1) Operate at speeds in excess of 12 mph on sidewalks;

(2) Operate at speeds in excess of 20 mph on roadways;

(3) Operate unless the navigation and operation is being monitored or controlled by an operator; or

(4) Transport hazardous materials that are regulated under the Hazardous Materials Transportation Authorization Act of 1994 (49 United States Code Sections 5101 through 5128) and must be placarded under 49 Code of Federal Regulations Sections 172.500 through 172.560.

(e) A local authority may not regulate the operation of a personal delivery device on a highway or sidewalk in a manner that is inconsistent with this article, including, but not limited to, restricting the hours or zones of operation.

(f) A person who owns and operates a personal delivery device in this state shall maintain an insurance policy, on behalf of himself or herself and his or her agents, which provides general liability coverage of at least $100,000 for damages arising from the combined operations of personal delivery devices under the entity’s or agent’s control.
W. Va. Code § 14-2A-23 — WV Code / Chapter 14 / Article 2A / Section 23
§14-2A-23. Subrogation rights of collateral source.
Status: in_force

Subrogation rights which a collateral source may have shall not extend to a recovery from a claimant of all or any part of an award made under this article. A collateral source may not apply, in the name of a claimant or otherwise, for an award of compensation based upon injury to a claimant to whose rights the collateral source may be subrogated.
W. Va. Code § 36-11-10 — WV Code / Chapter 36 / Article 11 / Section 10
§36-11-10. Appointment of agent to receive service of process.
Status: in_force

(a) A nonprofit association shall file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process.

(b) A statement appointing an agent must set forth:

(1) The name of the nonprofit association;

(2) The address in this state, including the street address, if any, of the nonprofit association, or, if the nonprofit association does not have an address in this state, its address out of state; and

(3) The name of the person in this state authorized to receive service of process and the person's address, including the street address, in this state.

(c) A statement appointing an agent must be signed and acknowledged by a person authorized to manage the affairs of a nonprofit association. The statement must also be signed and acknowledged by the person appointed agent, who thereby accepts the appointment. The appointed agent may resign by filing a resignation in the office of the Secretary of State and giving notice to the nonprofit association.

(d) A filing officer may collect a fee for filing a statement appointing an agent to receive service of process, an amendment, or a resignation in the amount charged for filing similar documents.

(e) An amendment to a statement appointing an agent to receive service of process must meet the requirements for execution of an original statement.
W. Va. Code § 8-14-14 — WV Code / Chapter 8 / Article 14 / Section 14
§8-14-14. Refusal to examine or certify; review thereof.
Status: in_force

The commission may refuse to examine an applicant, or after examination to certify as eligible one, who is found to lack any of the established preliminary requirements for the examination or position for which he applies; or who is physically so disabled as to be rendered unfit for the performance of the duties of the position desired; or who is addicted to the habitual use of intoxicating liquors or drugs; or who has been guilty of any crime or of infamous or notoriously disgraceful conduct; or who has been dismissed from public service for delinquency or misconduct; or who has made a false statement of any material fact, or practiced or attempted to practice any deception or fraud, in his application, in any such examination, or in securing his eligibility; or who refuses to comply with the rules and regulations of the commission.

If any applicant feels aggrieved by the action of the commission in refusing to examine him, or after examination in refusing to certify him as eligible, the commission shall, at the request of such applicant, appoint a date, time and place for a public hearing; at which time such applicant may appear, by himself or counsel, or both, and the commission shall then review its refusal to make such examination or certification, and testimony shall be taken. The commission shall subpoena, at the expense of the applicant, any competent witnesses requested by him. After such review, the commission shall file in its records the testimony taken and shall again make a decision, which decision shall be final and not subject to judicial review, but under no circumstances shall the provisions of this article be construed, in the case of a refusal to examine an applicant for promotion or to certify an applicant as eligible for promotion, as depriving such applicant of his right to seek a writ of mandamus, if the application for such writ is made within twenty days from the date of the decision refusing to examine or to certify him as eligible for promotion.
W. Va. Code § 29A-3A-2 — WV Code / Chapter 29A / Article 3A / Section 2
§29A-3A-2. Rules to be promulgated only in accordance with this article.
Status: in_force

In addition to other rule-making requirements imposed by law and except to the extent specifically exempted by the provisions of this chapter or other applicable law, every rule and regulation (including any amendment of or rule to repeal any other rule) shall be promulgated by the agency only in accordance with this article and shall be and remain effective only to the extent that it has been or is promulgated in accordance with this article.
W. Va. Code § 7-12-16 — WV Code / Chapter 7 / Article 12 / Section 16
§7-12-16. Provisions severable.
Status: in_force

The several sections and provisions of this article are severable, and if any section or provisions hereof shall be held unconstitutional, all the remaining sections and provisions of this article shall nevertheless remain valid.