FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 64-9-7 — WV Code / Chapter 64 / Article 9 / Section 7
§64-9-7. Board of Examiners in Counseling.
Status: in_force

(a) The legislative rule filed in the State Register on July 28, 2025, authorized under the authority of §30-31-6 of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 21, 2025, relating to the Board of Examiners in Counseling (licensing, 27 CSR 01), is authorized with the following amendment:

On page 3, subsection 5.1., after the word “Board.” By adding the following:

“ Provided , That an individual covered by W. Va. Code §30-1-27 shall be subject only to the requirements for licensure found in W. Va. Code §30-1-27.”

(b) The legislative rule filed in the State Register on July 28, 2025, authorized under the authority of §30-31-6 of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 21, 2025, relating to the Board of Examiners in Counseling (licensed professional counselor license renewal and continuing professional education requirements, 27 CSR 03), is authorized.

(c) The legislative rule filed in the State Register on July 28, 2025, authorized under the authority of §30-31-6 of this code, modified by the Board of Examiners in Counseling to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 21, 2025, relating to the Board of Examiners in Counseling (marriage and family therapist licensing, 27 CSR 08), is authorized with the following amendment:

On page 3, subsection 5.1., after the word “Board.” by adding the following:

“Provided, That an individual covered by W. Va. Code §30-1-27 shall be subject only to the requirements for licensure found in W. Va. Code §30-1-27.”
W. Va. Code § 31-18-18 — WV Code / Chapter 31 / Article 18 / Section 18
§31-18-18. Tax exemption.
Status: in_force

The Housing Development Fund shall not be required to pay any taxes and assessments to the State of West Virginia, or any county, municipality or other governmental subdivision of the State of West Virginia, upon any of its property or upon its obligations or other evidences of indebtedness pursuant to the provisions of this article, or upon any moneys, funds, revenues or other income held or received by the Housing Development Fund. The notes and bonds of the Housing Development Fund and the income therefrom shall at all times be exempt from taxation, except for death and gift taxes, taxes on transfers, sales taxes, real property taxes and business and occupation taxes.
W. Va. Code § 6-7-3 — WV Code / Chapter 6 / Article 7 / Section 3
§6-7-3. Provision for clerical assistance, stationery, offices, traveling expenses and contingent fund.
Status: in_force

It shall be the duty of the Governor to ascertain and report to the Legislature at each regular session the amount deemed necessary to provide each of the officers mentioned in section two of this article with sufficient clerical and office assistance, stationery and equipment for the proper discharge of the duties of the office, and, where offices are not furnished in the capitol building, with proper offices and light, heat and janitor's services for the same; and where any such officer is required in the proper discharge of the duties of his office to travel or journey from place to place, the amount necessary to provide for such purpose; and, where the circumstances may warrant it, the amount necessary to provide for a contingent fund to cover stationery, blank books, blanks, advertising, printing, fuel, lights, postage, express charges, office supplies, furniture, and any other necessary article that may not be otherwise specially provided for.
W. Va. Code § 29-3E-8 — WV Code / Chapter 29 / Article 3E / Section 8
§29-3E-8. State Fire Marshal’s Rule-making Authority.
Status: in_force

The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for promulgation, in accordance with §29A-3-1 et seq. of this code, to implement this article, including:

(1) Adopting by reference the most recent edition of APA Standard 87-1;

(2) Adopting by reference the most recent edition of NFPA 1123, Code for Fireworks Display;

(3) Adopting by reference NFPA 1124, code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles;

(4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of pyrotechnics before a proximate audience;

(5) Procedures for the issuance and renewal of a registration, certificate and permit;

(6) A fee schedule;

(7) Establishing insurance or bond requirements;

(8) Establishing additional criteria for the granting of a registration, certificate, or permit under this article;

(9) Registration of manufacturers, wholesalers and distributors; and

(10) Establishing a procedure that allows a retailer to combine and pay all applicable fees in a single payment.
W. Va. Code § 56-12-5 — WV Code / Chapter 56 / Article 12 / Section 5
§56-12-5. Deposition, production and inspection.
Status: in_force

The West Virginia Rules of Civil Procedure apply to subpoenas issued under section three of this article.
W. Va. Code § 49-5-102 — WV Code / Chapter 49 / Article 5 / Section 102
§49-5-102. Preservation of records.
Status: in_force

The proceedings, records, reports, case histories, and all other papers or documents of or received by the state department in the administration of this chapter shall be filed of record and preserved.
W. Va. Code § 48-1-104 — WV Code / Chapter 48 / Article 1 / Section 104
§48-1-104. West Virginia code replacement.
Status: in_force

The Department of Human Services is not required to change any form or letter that contains a citation to this code that is changed or otherwise affected by the recodification of this chapter.
W. Va. Code § 16-29A-10 — WV Code / Chapter 16 / Article 29A / Section 10
§16-29A-10. Security for bonds and notes.
Status: in_force

A resolution authorizing the issuance of bonds or notes under this article may provide that the principal of an interest on the bonds or notes issued shall be secured by a lien on any or all of the fees and charges made or received, or to be received, by the authority from the hospital in connection with the hospital loan, on any or all of the money received in payment of the hospital loan and interest on the hospital loan, on any or all of investment earnings or profits on any of these sources or on any or all of the security held for that payment, and on other funds or assets of the authority pledged for such purpose.
W. Va. Code § 8-20-1B — WV Code / Chapter 8 / Article 20 / Section 1B
§8-20-1b. Cooperation with other governmental units.
Status: in_force

In carrying out any lawful purpose prescribed by this article, any municipality may, in the exercise of its powers, duties and responsibilities, cooperate or join with the State of West Virginia or any political subdivision, agency, board, commission, office or department thereof, however designated, or with the United States of America or any agency or department thereof.
W. Va. Code § 58-3-6 — WV Code / Chapter 58 / Article 3 / Section 6
§58-3-6. Application to Supreme Court of Appeals when appeal refused by circuit court; action by Supreme Court of Appeals.
Status: in_force

If the appeal be refused by the circuit court, the refusal shall be indorsed on the petition, which, together with the original record mentioned in section four of this article, may then be presented to the Supreme Court of Appeals, or a judge thereof in vacation. If the matter be one in which an appeal would lie to that court from a judgment of the circuit court affirming the action of the county court, the Supreme Court of Appeals, or judge thereof, may in such case allow or refuse the appeal, and, in case of allowance, the allowance shall be certified to the circuit court and the like proceedings shall be had in the circuit court as if the allowance were by the circuit court or judge.
W. Va. Code § 11-14B-16 — WV Code / Chapter 11 / Article 14B / Section 16
§11-14B-16. Reimbursement of expenses of Tax Commissioner.
Status: in_force

The Division of Motor Vehicles shall reimburse the Tax Commissioner for costs incurred by the Tax Commissioner to implement agreements entered into under this section and for any additional expenses as may be incurred by the Tax Commissioner to collect motor fuel use taxes under these agreements, when these expenses are not provided for in the Tax Division's annual budget appropriation. For the fiscal year of the state that begins on July 1, 1994, the reimbursement amount shall be $620,000. The amount of reimbursement shall be renegotiated each fiscal year thereafter.
W. Va. Code § 8-13C-12 — WV Code / Chapter 8 / Article 13C / Section 12
§8-13C-12. Limited authority to impose tax.
Status: in_force

(a) Notwithstanding any other provision of this code to the contrary, no county, board, political subdivision or any other agency or entity other than a municipality may impose an alternative municipal sales and service tax, an alternative municipal use tax, a pension relief municipal occupational tax, a pension relief municipal sales and service tax, a pension relief municipal use tax or any combination of these taxes.

(b) No subsequent amendment to this code shall supersede the provisions of subsection (a) of this section unless the amendment specifically states that the provisions of said subsection are superseded.
W. Va. Code § 61-15-3 — WV Code / Chapter 61 / Article 15 / Section 3
§61-15-3. Forfeiture; disgorgement.
Status: in_force

(a) Any property or monetary instruments involved in a violation of this article, and any property or monetary instruments traceable to the violation, may be seized and forfeited consistent with the procedures in the West Virginia Contraband Forfeiture Act, as provided in article seven, chapter sixty-a of this code: Provided, That in any forfeiture proceeding pursuant to this section, the burden of proof shall be by clear and convincing evidence.

(b) Notwithstanding subsection (a) of this section, the court, as part of sentencing for a violation under this article, may direct the disgorgement to a victim of any property or monetary instruments involved in the violation and any property or monetary instruments traceable to the violation.
W. Va. Code § 29A-3A-8 — WV Code / Chapter 29A / Article 3A / Section 8
§29A-3A-8. Notice of hearings.
Status: in_force

Notices of hearings required by §29A-3A-6 and §29A-3A-7 of this code shall be filed in the State Register not less than 30 nor more than 60 days before the date of the hearing or the last day specified therein for receiving written material. Any hearing may be continued from time to time and place to place by the agency, which shall have the effect of extending the last day for receipt of evidence or public comment. Notice of the continuance shall be promptly filed thereafter in the State Register.
W. Va. Code § 61-8D-7 — WV Code / Chapter 61 / Article 8D / Section 7
§61-8D-7. Presentation of false information regarding child's injuries; penalty.
Status: in_force

Any person who presents false information concerning acts or conduct which would constitute an offense under the provisions of this article to attending medical personnel shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, and shall be confined in the county jail not more than one year.
W. Va. Code § 22-11-16 — WV Code / Chapter 22 / Article 11 / Section 16
§22-11-16. Compliance with orders of director.
Status: in_force

Any person upon whom any order of the director or any order of the board in accordance with the provisions of section fifteen of this article, or article one, chapter twenty-two-b of this code has been served shall fully comply therewith.

When such person is ordered to take remedial action and does not elect to cease operation of the establishment deemed to be the source of such pollution, or when such ceasing does not stop the pollution, he or she shall forthwith apply for a permit under and in accordance with the provisions of sections eight, nine and eleven of this article. No such remedial action shall be taken until a permit therefor has been issued; however, receipt of a permit does not in and of itself constitute remedial action.
W. Va. Code § 48-17-106 — WV Code / Chapter 48 / Article 17 / Section 106
§48-17-106. Compensation of members; reimbursement for expenses.
Status: in_force

(a) Each voting member of the commission shall receive $100 for each day or portion thereof spent in the discharge of his or her official duties.

(b) Each member of the commission shall be reimbursed for all actual and necessary expenses and disbursements involved in the execution of official duties.
W. Va. Code § 30-36-18 — WV Code / Chapter 30 / Article 36 / Section 18
§30-36-18. Reprimands, probations, suspensions and revocations; grounds.
Status: in_force

The board, on the affirmative vote of a majority of its full authorized membership, may reprimand any licensee or certificate holder, place any licensee or certificate holder on probation, or suspend or revoke a license or certificate if the licensee or certificate holder:

(1) Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant or licensee or certificate holder or for another;

(2) Fraudulently or deceptively:

(A) Uses a license or certificate; or

(B) Solicits or advertises.

(3) Is guilty of immoral or unprofessional conduct in the practice of acupuncture or auricular acudetox;

(4) Is professionally, physically, or mentally incompetent;

(5) Provides professional services while:

(A) Under the influence of alcohol; or

(B) Using any narcotic or controlled substance, as defined in §60A-1-101 of this code, or other drug that is in excess of therapeutic amounts or without a valid medical indication;

(6) Knowingly violates any provision of this article or any rule of the board adopted under this article;

(7) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(8) Practices acupuncture or auricular detoxification therapy with an unauthorized person or assists an unauthorized person in the practice of acupuncture or auricular detoxification therapy;

(9) Is disciplined by the licensing or disciplinary authority of this state or any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(10) Willfully makes or files a false report or record in the practice of acupuncture or auricular detoxification therapy;

(11) Willfully fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(12) Submits a false statement to collect a fee; or

(13) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the person is licensed and qualified to render because the individual is HIV positive, in conformity with standards established for treatment by physicians, dentists and other licensed health care professionals in cases of this nature.
W. Va. Code § 11-10-11B — WV Code / Chapter 11 / Article 10 / Section 11B
§11-10-11b. Fund creation; authorization for expenditure.
Status: in_force

Amounts deducted and retained by the Tax Commissioner under subsection (e), section eleven-a of this article shall be deposited by the Tax Commissioner in the special revolving fund which is hereby created and established in the state Treasury and designated as the "special district excise tax administration fund." Amounts deposited in the special district excise tax administration fund may be expended by the Tax Commissioner for the general administration of the taxes administered under the authority of this article.
W. Va. Code § 55-7B-11 — WV Code / Chapter 55 / Article 7B / Section 11
§55-7B-11. Severability.
Status: in_force

(a) If any provision of this article as enacted during the first extraordinary session of the Legislature, 1986, in House Bill 149, or as enacted during the regular session of the Legislature, 1986, in Senate Bill 714, or as enacted during the regular session of the Legislature, 2015, or in Senate Bill 338, as enacted during the regular session of the Legislature, 2017, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article, and to this end, the provisions of this article are declared to be severable.

(b) If any provision of the amendments to section five of this article, any provision of section six-d of this article or any provision of the amendments to section eleven, article six, chapter fifty-six of this code as provided in House Bill 601, enacted during the sixth extraordinary session of the Legislature, 2001, is held invalid, or the application thereof to any person is held invalid, then, notwithstanding any other provision of law, every other provision of said House Bill 601 shall be deemed invalid and of no further force and effect.

(c) If any provision of the amendments to section six or ten of this article or any provision of section six-a, six-b or six-c of this article as provided in House Bill 601, enacted during the sixth extraordinary session of the Legislature, 2001, is held invalid, the invalidity does not affect other provisions or applications of this article, and to this end, such provisions are deemed severable.
W. Va. Code § 5A-6-7 — WV Code / Chapter 5A / Article 6 / Section 7
§5A-6-7. Biannual report.
Status: in_force

The Chief Information Officer shall report biannually to the Legislative Joint Committee on Government and Finance on the activities of his or her office.
W. Va. Code § 5C-2-4 — WV Code / Chapter 5C / Article 2 / Section 4
§5C-2-4. Administration.
Status: in_force

(a) Members of the council shall be appointed for two-year terms and may be reappointed for additional terms;

(b) The council shall meet not less than once each calendar quarter for the first year and at a frequency to be determined by the council thereafter, at a time determined by the council and at the call of the cochairs;

(c) An appropriate state agency shall be designated by the council as being responsible for administering the council. The designated agency shall provide, from its existing staff, the staff necessary to assist the council in carrying out its responsibilities. This agency shall have the authority to request and distribute federal funding for use by the council in carrying out its responsibilities;

(d) The council is subject to the administrative procedures act pursuant to chapter twenty-nine-a of this code.
W. Va. Code § 30-22-9 — WV Code / Chapter 30 / Article 22 / Section 9
§30-22-9. Education, experience and examination requirements for licensure.
Status: in_force

(a) An applicant for licensure under this article must have completed one of the following educational and/or experience requirements:

(1) Has a bachelor degree in landscape architecture from an accredited college or university and at least two years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect;

(2) Has a graduate degree in landscape architecture from an accredited college or university and at least one year of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect; or

(3) (A) Prior to December 31, 2006, has completed at least ten years of experience in landscape architecture, including at least six years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect; or

(B) Prior to December 31, 2006, has begun the ten years of experience in landscape architecture set out in subdivision (3) (A) of this subsection, and has not completed the experience requirements prior to December 31, 2006, then the person must notify the board that he or she will be making application under this subdivision and comply with the procedures prescribed by the board; or

(C) On and after January 1, 2007, has completed at least ten years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect.

(b) An applicant for licensure under this article must pass the examination prescribed by the board.
W. Va. Code § 21A-2-14 — WV Code / Chapter 21A / Article 2 / Section 14
§21A-2-14. Head of division of employment service.
Status: in_force

The commissioner shall appoint upon a nonpartisan merit basis the head of the division of the employment service and shall fix his salary and prescribe his duties.
W. Va. Code § 7-14D-22 — WV Code / Chapter 7 / Article 14D / Section 22
§7-14D-22. Double death benefits prohibited.
Status: in_force

A surviving spouse is not entitled to receive simultaneous death benefits under this article as a result of the death of two or more members to whom the spouse was married. Any spouse who becomes eligible for a subsequent death benefit under this article while receiving a death benefit under this article shall receive the higher benefit, but not both.