FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 46A-6-104 — WV Code / Chapter 46A / Article 6 / Section 104
§46A-6-104. Unlawful acts or practices.
Status: in_force

Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
W. Va. Code § 15-3A-6 — WV Code / Chapter 15 / Article 3A / Section 6
§15-3A-6. Guidelines; procedural rules.
Status: in_force

The secretary may adopt guidelines and procedural rules to effectuate the purposes of this article.
W. Va. Code § 48-13-404 — WV Code / Chapter 48 / Article 13 / Section 404
§48-13-404. Additional calculation to be made in basic shared parenting cases.
Status: in_force

In cases where the payor parent's adjusted gross income is below $2,600 per month, an additional calculation in Worksheet A, Part II, §48-13-403 of this code, shall be made. This additional calculation sets the child support order at whichever is lower.

(1) Child support at the amount determined in Worksheet A, Part I, §48-13-403 of this code; or

(2) The difference between 80 percent of the payor parent's adjusted gross income and $997, or $50, whichever is more.
W. Va. Code § 11-13U-3 — WV Code / Chapter 11 / Article 13U / Section 3
§11-13U-3. Definitions.
Status: in_force

As used in this article, the following terms have the meanings ascribed to them in this section, unless the context in which the term is used clearly requires another meaning or a specific different definition is provided:

(1) "Alter ego" means a qualified research and development company where one or more of the following criteria are satisfied in relation to the eligible taxpayer:

(A) The ownership of the business is "substantially related" to the ownership of the eligible taxpayer. "Substantially related" means a five percent or more common ownership interest; or

(B) The board of directors of the qualified research and development company is controlled by the eligible taxpayer: Provided, That an eligible taxpayer is deemed to have control of the board of directors of a qualified research and development company if it controls a simple majority of the board of directors.

(2) "Corporate headquarters" means the place at which the corporation has its commercial domicile and from which the business of the corporation is primarily conducted.

(3) "Eligible taxpayer" means a person that has received certification from the economic development authority that a portion of the annual available high growth business investment credit has been allocated to it, that is subject to the tax imposed by either article twenty-three, article twenty-four or article twenty-one of this chapter, and that has made a qualified investment in a qualified research and development credit company.

(4) "Person" includes any natural person, corporation, limited liability company, or partnership.

(5) "Qualified investment" means an equity financing of a West Virginia qualified strategic research and development company. The investment must be in cash or cash equivalents and may not be an exchange of in-kind property.

(6) "Qualified research and development company" for purposes of the high growth business investment tax credit means an entity that has been certified by the State Tax Commissioner as eligible for the West Virginia research and development tax credit set forth in article thirteen-r, chapter eleven of this code, that has annual gross receipts of less than $20 million and has annual payroll of less then $2,500,000.

(7) "Tax credit" means the high-growth business development tax credit authorized by this article.

(8) "Taxable year" means the tax year of the eligible taxpayer.
W. Va. Code § 23-1-8 — WV Code / Chapter 23 / Article 1 / Section 8
§23-1-8. Authority of Insurance Commissioner and employees as to oaths and evidence.
Status: in_force

The Insurance Commissioner and other employees appointed by the Insurance Commissioner may, for the purpose contemplated by this chapter, administer oaths, certify official acts, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of pertinent books, accounts, papers, records, documents, and testimony.
W. Va. Code § 24-6-6A — WV Code / Chapter 24 / Article 6 / Section 6A
§24-6-6a. Alternate procedure for proposal by the department of public safety.
Status: in_force

(a) In any county or counties which have areas thereof not receiving service from an enhanced emergency services telephone system, the department of public safety may prepare a proposal on the implementation of such a system and may cause a public meeting to be held on the proposal to explain the system and receive comments from the members of the county commission and from other public officials and interested persons. At least thirty, but not more than sixty days, before such a meeting, the department of public safety shall place an advertisement in a newspaper of general circulation in the county notifying the members of the county commission or county commission and the public of the date, purpose and location of the meeting and the location at which a copy of the proposal may be examined.

(b) The proposal prepared by the department of public safety shall conform to the requirements of subsection (b), section six of this article and shall be further modified, adopted, filed or amended by the county commission only in conformity with said section six.
W. Va. Code § 31B-1-114 — WV Code / Chapter 31B / Article 1 / Section 114
§31B-1-114. Penalty for signing false document.
Status: in_force

Any person who signs a document required to be filed with the Secretary of State by this chapter which he or she knows is false in any material respect is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.
W. Va. Code § 36-3-3 — WV Code / Chapter 36 / Article 3 / Section 3
§36-3-3. Other effects of seal.
Status: in_force

The affixing of a seal, or any symbol or word intended to have the effect of a seal, to any instrument conveying or agreeing to convey land, or any interest whatever in land, shall not give to such instrument any additional force or effect, either by way of importing a consideration or in any other manner whatsoever, either at law, or in equity, than such instrument would have if it were unsealed.
W. Va. Code § 11-10D-9 — WV Code / Chapter 11 / Article 10D / Section 9
§11-10D-9. Examination of amnesty returns and taxpayer books and records.
Status: in_force

Nothing in this article shall prevent the Tax Commissioner or any authorized employee or agent of the commissioner from examining the books, paper, records and equipment of any taxpayer or other person in order to verify the accuracy and completeness of the application for amnesty or of any tax return filed or payment made under this article, as provided in article ten of this chapter, and to ascertain and assess any tax or other liability owed to the state for any tax administered under article ten of this chapter.
W. Va. Code § 13-3-3 — WV Code / Chapter 13 / Article 3 / Section 3
§13-3-3. Officers; employees; chief administrative officer; meetings; quorum; compensation and expenses; legal representation.
Status: in_force

(a) The Tax Commissioner or his or her designee shall be chair of the commission.

(b) The members of the commission shall appoint a chief administrative officer and may fix his title and duties. Notwithstanding the provisions of section two-a, article seven, chapter six of this code, the commission shall have the authority to set the compensation of the chief administrative officer. The chief administrative officer shall serve as secretary to the board and treasurer of the commission. The chair may designate a board member to serve as secretary in the absence of the chief administrative officer. The chair is authorized with the approval of the commission, to employ other employees and consultants as the commission deems advisable and fix their compensation and prescribe their duties.

(c) Appointed members of the commission shall be paid $50 for each day or substantial portion thereof that they are engaged in the work of the commission. Each member of the commission may be reimbursed for all reasonable and necessary expenses actually incurred in the performance of duties on behalf of the commission.

(d) The commission shall hold at least three meetings in each fiscal year, one of which meetings shall be within sixty days of the end of the fiscal year and shall be the annual meeting. The meetings shall be held on dates and at places prescribed by the chair. Additional meetings may be held at the call of the chair or upon the written request of three members at such time and place as designated in such call or request. Three members of the commission constitute a quorum.

(e) The chair with the consent of the commission is authorized to provide or designate legal advisory services to the commission.
W. Va. Code § 55-14-1 — WV Code / Chapter 55 / Article 14 / Section 1
§55-14-1. Definitions.
Status: in_force

In this article "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
W. Va. Code § 16-5T-1 — WV Code / Chapter 16 / Article 5T / Section 1
§16-5T-1. Short title.
Status: in_force

This article shall be referred to as the West Virginia Drug Control Policy Act.
W. Va. Code § 5-10-22I — WV Code / Chapter 5 / Article 10 / Section 22I
§5-10-22i. One-time supplement for certain annuitants effective July 1, 2006.
Status: in_force

(a) A one-time supplement to retirement benefits of three percent, as determined by appropriation of the Legislature, shall be provided to all retirees that are age seventy or older and have been annuitants for at least five consecutive years as of July 1, 2006, and beneficiaries of deceased members who would have been at least seventy years of age or older and have been annuitants for at least five consecutive years as of July 1, 2006.

(b) The one-time supplement provided in this section applies only to members who have retired at least five years prior to July 1, 2006, or, if applicable, to beneficiaries of deceased members who have been receiving benefits under the retirement system at least five years prior to July 1, 2006: Provided, That the supplement provided herein is subject to any applicable limitations thereon under Section 415 of the Internal Revenue Code of 1986, as amended.
W. Va. Code § 17E-1-5 — WV Code / Chapter 17E / Article 1 / Section 5
§17E-1-5. Notification required by driver.
Status: in_force

(a) Notification of convictions.

(1) Any driver of a commercial motor vehicle holding a driver's license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state or federal, provincial, territorial or municipal laws of Canada, other than parking violations, shall notify the West Virginia Division of Motor Vehicles in the manner specified by the Commissioner and in accordance with C.F.R. §383.31(2004) within thirty days of the date of conviction.

(2) Any driver of a commercial motor vehicle holding a driver's license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this state or any other state or federal, provincial, territorial or municipal laws of Canada, other than parking violations, must notify his or her employer in writing and in accordance with 49 C.F.R. §383.31 (2004) of the conviction within thirty days of the date of conviction.

(b) Each driver whose driver's license is:

(1) Suspended, revoked, canceled or expired, by any state;

(2) Who loses the privilege to drive a commercial motor vehicle in any state for any period; or

(3) Who is disqualified from driving a commercial motor vehicle for any period, shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of the action against his or her driving privileges.

(c) Each person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:

(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(2) The dates between which the applicant drove for each employer; and

(3) The reason for leaving that employer.

The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
W. Va. Code § 56-3-19 — WV Code / Chapter 56 / Article 3 / Section 19
§56-3-19. Officer's service and return of process; failure to make proper return; false return.
Status: in_force

Every officer to whom any process or order is lawfully delivered for execution shall, without avoidable delay, execute the same according to the command thereof and the provisions of law, and make true return thereon at the proper time and place, stating in such return the time and manner of executing the same, or why the same was not executed, and shall subscribe his name to such return. When the service is by deputy, such deputy shall subscribe to the return his own name as well as that of his principal. With the order or process there shall be returned any bond taken, and an account of any sale made under the same, specifying therein the several articles sold, the persons to whom sold, and the prices thereof. Such return shall be made to the court, justice, person or office from which such process or order issued, unless in such process or order it is directed to be otherwise returned, in which case return thereof shall be made according to such direction. Where a sale is made under any process or order, and no particular time for the return thereof is prescribed therein, or by law, the return shall be made within thirty days after the sale. But if no particular time be prescribed in the process or order, or by law, for the return thereof, and no sale is made under the same, the return shall be made immediately after such process or order is executed; or, if it be not executed, within two months after its date. Except when the process or order is issued by a justice, any officer failing to comply with the provisions of this section shall forfeit $20; and, if he make a false return, shall forfeit therefor $100.
W. Va. Code § 22-6-34 — WV Code / Chapter 22 / Article 6 / Section 34
§22-6-34. Offenses; penalties.
Status: in_force

(a) Any person or persons, firm, partnership, partnership association or corporation who willfully violates any provision of this article or any rule or order promulgated hereunder shall be subject to a civil penalty not exceeding $2,500. Each day a violation continues after notice by the division constitutes a separate offense. The penalty shall be recovered by a civil action brought by the division, in the name of the state, before the circuit court of the county in which the subject well or facility is located. All such civil penalties collected shall be credited to the General Fund of the state.

(b) Any person or persons, firm, partnership, partnership association or corporation willfully violating any of the provisions of this article which prescribe the manner of drilling and casing or plugging and filling any well, or which prescribe the methods of conserving gas from waste, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $5,000, or imprisonment in jail for not exceeding twelve months, or both, in the discretion of the court, and prosecutions under this section may be brought in the name of the State of West Virginia in the court exercising criminal jurisdiction in the county in which the violation of such provisions of the article or terms of such order was committed, and at the instance and upon the relation of any citizens of this state.
W. Va. Code § 44-15-4 — WV Code / Chapter 44 / Article 15 / Section 4
§44-15-4. Evidence of necessity for appointment of guardian of minor ward.
Status: in_force

Where a petition is filed for the appointment of a guardian of a minor ward, a certificate setting forth the age of such minor as shown by the records and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the government of the United States shall be prima facie evidence of the necessity for such appointment.
W. Va. Code § 10-2A-21 — WV Code / Chapter 10 / Article 2A / Section 21
§10-2A-21. When statutory mortgage lien created; enforcement of lien by bondholders; suit to compel performance of duties.
Status: in_force

In the event bonds issued hereunder are not secured by a trust indenture as provided for in section fifteen of this article, there shall be, and there is hereby, created a statutory mortgage lien upon such athletic establishment acquired or constructed under the provisions of this article, 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 athletic establishment shall remain subject to such statutory mortgage lien until payment in full of the principal and interest of said bonds. Any holder of bonds issued under the provisions of this article, 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 board set forth in this article.
W. Va. Code § 2-2-13 — WV Code / Chapter 2 / Article 2 / Section 13
§2-2-13. Official business and records of the state to be in English; exceptions; definition.
Status: in_force

(a) All official business of this state shall be conducted in the English language. All official records, documents, rules, orders, and publications shall be printed in English and all official programs, meetings, transactions, and actions conducted by or on behalf of the state and all its political subdivisions shall be in English.

(b) Other languages may be used by government officials, and in official documents, whenever necessary to:

(1) Protect public health and safety;

(2) Teach or study other languages;

(3) Protect the rights of criminal defendants or victims of crime;

(4) Promote trade, tourism or commerce;

(5) Facilitate activities pertaining to the compilation of any census;

(6) Comply with the federal Individuals with Disabilities Education Act, PL 101-476;

(7) Use proper names, terms of art, legal terms or phrases from languages other than English; or

(8) Comply with the Constitution and laws of the United States of America or the Constitution of West Virginia. Except in exigent circumstances, when an official government document is translated into any language other than English under this section, an English translation shall also be provided in the same document, appearing in such a manner as to afford the reader the opportunity to observe the English translation of all phrases used.

(c) This section may not be construed to:

(1) Diminish the usage of, prevent the study or development of, or discourage the use of, any Native American language in any context or for any purpose;

(2) Prohibit an elected official from speaking to any person in a language other than English while campaigning or providing constituent services. However, those officials are encouraged to use English as much as possible to promote fluency in English;

(3) Disparage any language or discourage any person from learning or using any language; or

(4) Prohibit informal and nonbinding translations or communications among or between representatives of government and other persons if the activity does not affect or impair supervision, management, conduct, or execution of official actions and if the representatives of government make clear that these translations or communications are unofficial and not binding on the state or any political subdivision of the state.

(d) Any examination related to employment administered by any state, municipal or county entity may be administered in a language other than English if the test is available in that language.

(e) As used in this section, "official" means any government action or document that binds the government, is required by law, or is authorized by law.
W. Va. Code § 55-7B-3 — WV Code / Chapter 55 / Article 7B / Section 3
§55-7B-3. Elements of proof.
Status: in_force

(a) The following are necessary elements of proof that an injury or death resulted from the failure of a health care provider to follow the accepted standard of care:

(1) The health care provider failed to exercise that degree of care, skill and learning required or expected of a reasonable, prudent health care provider in the profession or class to which the health care provider belongs acting in the same or similar circumstances; and

(2) Such failure was a proximate cause of the injury or death.

(b) If the plaintiff proceeds on the "loss of chance" theory, i.e., that the health care provider's failure to follow the accepted standard of care deprived the patient of a chance of recovery or increased the risk of harm to the patient which was a substantial factor in bringing about the ultimate injury to the patient, the plaintiff must also prove, to a reasonable degree of medical probability, that following the accepted standard of care would have resulted in a greater than twenty-five percent chance that the patient would have had an improved recovery or would have survived.
W. Va. Code § 21-3-12 — WV Code / Chapter 21 / Article 3 / Section 12
§21-3-12. Water closets.
Status: in_force

Every factory, mercantile establishment, mill or workshop shall be provided with a sufficient number of water closets, and whenever both male and female persons are employed, separate water closets shall be provided for the use of each sex, and plainly marked by which sex they are to be used. No person or persons shall be allowed to use the closets assigned to the opposite sex. Such water closets shall be constructed in an approved manner and properly enclosed, and at all times kept in a clean and sanitary condition. The closets, where practicable, shall be located so that they shall have direct ventilation with the outside air. Where it is impracticable to locate the closets so as to have direct ventilation with the outside air, they shall be placed in an inclosure, and every such closet shall be properly and effectively disinfected and separately ventilated, and shall be properly lighted by artificial light, except when the influx of natural light makes artificial light unnecessary.
W. Va. Code § 20-7-14 — WV Code / Chapter 20 / Article 7 / Section 14
§20-7-14. Motorboats exempt from numbering.
Status: in_force

A motorboat shall not be required to be numbered under this article if it is:

(1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state: Provided, That the boat shall be registered in the state of principal operation;

(2) A motorboat from a country other than the United States temporarily using the waters of this state; or

(3) A motorboat used exclusively for racing while participating in races, and the preparation therefor, which have been authorized pursuant to the provisions of §20-7-20 of this code.