FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 11-1-9 — WV Code / Chapter 11 / Article 1 / Section 9
§11-1-9. Holders of short-term permits and licenses to sell; rulemaking.
Status: in_force

(a) Notwithstanding any provision of this chapter to the contrary, holders of short-term permits or licenses to sell specific items, e.g., fireworks, beer, food, or wine at festivals, may not be required to submit any information to the Tax Commissioner after the term of the permit or license has expired: Provided, That the permit or license holder has filed with the Tax Commissioner all necessary information specific to the time period the permit or license was authorized and remitted to the Tax Commissioner and the permit or license holder has remitted all taxes and fees that are due under this code. This section does not prevent the Tax Commissioner from auditing the books and records of the license or permit holder for compliance with the provisions of this code.

(b) The Tax Commissioner shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to implement this section.
W. Va. Code § 16-29B-24 — WV Code / Chapter 16 / Article 29B / Section 24
§16-29B-24. Reports required to be filed; and legislative rulemaking regarding uniform bill database.
Status: in_force

(a) A covered facility, within 120 days after the end of its fiscal year, unless granted an extension by the authority, shall file with the authority its annual financial report prepared by an accountant or auditor.

(b) A covered facility, if applicable by legislative rule, shall submit, upon request of the authority, but at least annually:

(1) A statement of charges for all services rendered, except a behavioral health facility shall submit its gross rates for its top 30 services by utilization;

(2) The Health Care Authority financial report, through the uniform reporting system;

(3) The current Uniform Bill form in effect for inpatients. This data is not subject to the provisions of §16-29B-25(f) of this code: Provided , That the authority, in cooperation with the secretary, shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code within the applicable time limit to be considered by the Legislature during the regular session of the Legislature, 2023. The legislative rule shall include the following:

(A) Procedures for the collection, retention, use, and disclosure of data from the uniform bill database, including provisions and safeguards to protect the privacy, integrity, confidentiality, and availability of any data;

(B) Procedures for the collection of required data elements, required data format, code tables, edit specifications, thresholds required for a submission to be deemed complete, methods for submitting data, and submission schedules;

(C) Fees not to exceed $50 per custom data request payable by users of the data, if any; and

(D) Repeal of all other existing policies, manuals, and guidelines regarding the submission of uniform bill data promulgated by the authority, as of the effective date of the legislative rule or July 1, 2024, whichever comes first.

(c) The authority may request from a covered facility, except hospitals, the information from §16-29B-24(a) and §16-29B-24(b) of this code from its related organization.

(d) A home health agency shall annually submit a utilization survey.

(e) A covered facility failing to submit a report to the authority shall be notified by the authority and, if the failure continues for 10 days after receipt of the notice, the delinquent facility or organization is subject to a penalty of $1,000 for each day thereafter the failure continues.
W. Va. Code § 22-14-13 — WV Code / Chapter 22 / Article 14 / Section 13
§22-14-13. Offenses and penalties.
Status: in_force

(a) Any person who violates any of the provisions of this article or any certificate of approval, order, rule or requirement of the secretary or department is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or incarcerated in a county or regional jail not more than six months, or both fined and incarcerated.

(b) Any person who willfully obstructs, hinders or prevents the secretary or department or its agents or employees from performing the duties imposed on them by the provisions of this article or who willfully resists the exercise of the control and supervision conferred by the provisions of this article upon the secretary or department or its agents or employees or any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor who engages in the placement, construction, enlargement, repair, alteration, maintenance or removal of any dam who knowingly does work or permits work to be executed on the dam without a certificate of approval or in violation of or contrary to any approval as provided for by the provisions of this article; and any inspector, agent or employee of the department who has knowledge of and who fails to notify the secretary of unapproved modifications to a dam is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or incarcerated in the county jail not more than one year, or both fined and incarcerated.
W. Va. Code § 60A-5-504 — WV Code / Chapter 60A / Article 5 / Section 504
§60A-5-504. Cooperative arrangements; confidentiality; treatment of minor without knowledge or consent of parent or guardian.
Status: in_force

(a) The state Board of Pharmacy and the appropriate departments, boards, and agencies, as specified in section 301, shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may:

(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

(3) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state, and local law enforcement purposes. They shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and

(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(b) Results, information, and evidence received from the bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it may be relied and acted upon by the state Board of Pharmacy in the exercise of its regulatory functions under this chapter.

(c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the state Board of Pharmacy or to the appropriate department, board, or agency by which he is licensed or registered, as specified in section 301, nor may he be compelled in any state or local civil, criminal, administrative, legislative, or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.

(d) No mental health organization or hospital shall be compelled in any state or local civil, criminal, administrative, legislative or other proceeding to furnish the name or identity of any person voluntarily requesting treatment for or rehabilitation from addiction to or dependency upon the use of a controlled substance as defined in article one of this chapter.

(e) Notwithstanding any other provision of law, any licensed physician or competent medically trained person under his direction may examine, diagnose, and treat any minor at his or her request for any addiction to or dependency upon the use of a controlled substance as defined in article one of this chapter without the knowledge or consent of the minor's parent or guardian. Such physician and such other persons shall not incur any civil or criminal liability in connection therewith except for negligence or willful injury.
W. Va. Code § 44A-3-6 — WV Code / Chapter 44A / Article 3 / Section 6
§44A-3-6. Protective arrangements.
Status: in_force

Upon petition therefor, the court may authorize a conservator to enter into a protective arrangement, to disburse the estate of the protected person and to petition for termination of the conservatorship. “Protective arrangements” include, but are not limited to, the payment, delivery, deposit, or retention of funds or property; the sale, mortgage, lease, or other transfer of property; the execution of an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; and the addition to or establishment of a suitable trust.
W. Va. Code § 8-5-10 — WV Code / Chapter 8 / Article 5 / Section 10
§8-5-10. Vacancies in elective offices; how filled.
Status: in_force

Unless otherwise provided by charter provision or ordinance, when a vacancy shall occur from any cause in any municipal elective office, the vacancy, until the next succeeding regular municipal election and until the qualification of an elected successor, shall be filled by appointment by the governing body from among the residents of the municipality eligible under this article, with a legally qualified person of the same political party with which the person holding the office immediately preceding the vacancy was affiliated at the time of the previous election: Provided , That any such person appointed must have been affiliated with that political party for at least one year prior to the occurrence of the vacancy.
W. Va. Code § 38-7-21 — WV Code / Chapter 38 / Article 7 / Section 21
§38-7-21. Return and filing of forthcoming bond or bond to perform judgment; exceptions to bond.
Status: in_force

Every bond given under the provisions of the preceding section of this article shall be returned by the officer to, and filed by, the clerk of the court in which the suit is pending, or to which the attachment is returnable; and the plaintiff may, within thirty days after the return thereof, file exceptions to the same, or to the sufficiency of the security therein. If such exceptions be sustained, the court shall rule such officer to file a good bond, with sufficient security, to be approved by it, on or before a certain day to be fixed by the court. If he fail to do so, he and his sureties in his official bond shall be liable to the plaintiff as for a breach of such official bond. But the officer shall have the same rights and remedies against the parties to any bond so adjudged bad, as if he were a surety for them.
W. Va. Code § 20-2D-5 — WV Code / Chapter 20 / Article 2D / Section 5
§20-2D-5. Permit conditions.
Status: in_force

(a) A permit issued under the provisions of this article shall not be transferred to any other person.

(b) A permit issued under the provisions of this article shall be effective for one calendar year from the date of issue.

(c) A permit issued under the provisions of this article shall only be issued to one facility with one specific geographic location.

(d) The Director shall be notified by the permit holder within 24 hours of the occurrence of any unexplained diseases or deaths occurring in wildlife held under this permit.

(e) Permit holders must notify the Director within 24 hours of the escape of wildlife from the facility.
W. Va. Code § 18-10H-5 — WV Code / Chapter 18 / Article 10H / Section 5
§18-10H-5. Vocational-technical education administrator's academy.
Status: in_force

The West Virginia Board of Education shall maintain and expand an annual vocational-technical education administrator's academy. The purposes of this academy are to stimulate excellence in vocational-technical education programming statewide through the development of progressive instructional leadership, planning and program development competencies of vocational-technical education administrators.

The board may establish a coordinating committee made up of the Department of Education staff, local vocational administrators and representatives of the vocational-technical education department at Marshall University to plan and administer this program. The nonprofit academy foundation established in section two of this article shall exist to solicit private funds and resources to enhance the operation of the academy.
W. Va. Code § 64-12-2 — WV Code / Chapter 64 / Article 12 / Section 2
§64-12-2. Department of Health and Human Resources, the Insurance Commissioner, and the Chair of the Department of Health and Human Resources.
Status: repealed

The legislative rule effective April 1, 2022, authorized under the authority of §33-4A-8 of this code, relating to the Secretary of the Department of Health and Human Resources, the Insurance Commissioner, and Chair of the Department of Health and Human Resources (All-Payer Claims Database – Data Submission Requirements, 114A CSR 01), is repealed.
W. Va. Code § 53-8-10 — WV Code / Chapter 53 / Article 8 / Section 10
§53-8-10. Statement concerning violations.
Status: in_force

A temporary personal safety order and final personal safety order issued under this article shall state that a violation of the order may result in:

(1) Criminal prosecution; and

(2) Incarceration, fine or both.
W. Va. Code § 30-13-1 — WV Code / Chapter 30 / Article 13 / Section 1
§30-13-1. Legislative findings; intent.
Status: in_force

The Legislature hereby determines the need to regulate the practice of engineering; to provide for the registration of qualified persons as professional engineers and the certification of engineer interns; to define the terms "engineer", "professional engineer", "engineer intern" and "practice of engineering"; to create a state board of registration for professional engineers and provide for the appointment and compensation of its members; to fix the term of members of the board and define its powers and duties; to set forth the minimum qualifications and other requirements for registration as an engineer and certification as an engineer intern; to establish registration fees with expiration and renewal requirements; to impose certain duties upon the state and political subdivisions thereof in connection with public works; and to provide for the enforcement of this article and penalties for its violation.
W. Va. Code § 11-6-25 — WV Code / Chapter 11 / Article 6 / Section 25
§11-6-25. Exception.
Status: in_force

Notwithstanding the provisions of sections one, nine, eleven, eighteen, twenty-two and twenty-three of this article, the provisions of this article as of January 1, 1961, shall govern the assessment of public service corporations for the assessment year beginning December 31, 1960.
W. Va. Code § 20-14-1 — WV Code / Chapter 20 / Article 14 / Section 1
§20-14-1. Legislative findings.
Status: in_force

The West Virginia Legislature finds that there is a significant need within the state and throughout the eastern United States for well-managed facilities for trail-oriented recreation for off-highway motor vehicle enthusiasts. The Legislature further finds that under an appropriate contractual and management scheme, well-managed, trail-oriented recreation facilities could exist on private property without diminishing the landowner’s interest, control, or profitability in the land and without increasing the landowner’s exposure to liability.

The Legislature further finds that, with the cooperation of private landowners, there is an opportunity to provide trail-oriented recreation facilities primarily on private property in the mountainous terrain of southern West Virginia and that the facilities will provide significant economic and recreational benefits to the state and to the communities in southern West Virginia through increased tourism in the same manner as whitewater rafting and snow skiing benefit the state and communities surrounding those activities.

The Legislature further finds that the economic benefits of trail development are only realized when the ridership is concentrated in specific areas. Before private capital will be brought to the marketplace in support of a recreational trail system, a density of trail ridership must be demonstrated and sustained over a period of years to warrant the investment. Therefore, any expansion of the state’s recreational trail systems must be strategic and require a showing that the new trail system would not only expand visitation, but would not materially detract from the visitation and ridership on existing trail systems where numerous private and public investments have already been made.

The Legislature further finds that the creation and empowering of a joint development entity to work with the landowners, county officials and community leaders, state and federal government agencies, recreational user groups, and other interested parties to enable and facilitate the implementation of the facilities will greatly assist in the realization of these potential benefits.

The Legislature further finds that it is in the best interests of the state to encourage private landowners to make available for public use through the Hatfield-McCoy Regional Recreation Authority land for these recreational purposes by limiting their liability for injury to persons entering thereon, by limiting their liability for injury to the property of persons entering thereon, and by limiting their liability to persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.
W. Va. Code § 61-7-5 — WV Code / Chapter 61 / Article 7 / Section 5
§61-7-5. Revocation of license.
Status: in_force

A license to carry a deadly weapon shall be deemed revoked at such time as the person licensed becomes unable to meet the criteria for initial licensure set forth in section four of this article. Any person licensed under the provisions of this article shall immediately surrender his or her license to the issuing sheriff upon becoming ineligible for continued licensure.
W. Va. Code § 19-21-7 — WV Code / Chapter 19 / Article 21 / Section 7
§19-21-7. Annual meeting of owners; election of supervisor.
Status: in_force

In the same month of each year after the election of the first board of supervisors, the board of supervisors shall call a meeting of the owners of land and other property herein described in the district by publication, in the same manner as provided for in section six, and such owners shall meet at the time and place fixed by the board of supervisors and elect one supervisor therefor in like manner as prescribed in the preceding section, who shall hold his office for three years or until his successor is elected and qualified; and in case of a vacancy in the office of supervisor, the remaining supervisors may fill such vacancy by appointment until the next annual meeting, when a successor shall be elected for the unexpired term: Provided, That after the report of the appraisers has been confirmed by the court under the provisions of section fifteen, only owners of land and other such property having benefits assessed against it shall be entitled to vote at the annual meetings held under the provisions of this section.
W. Va. Code § 22A-2A-208 — WV Code / Chapter 22A / Article 2A / Section 208
§22A-2A-208. Diesel power package defined.
Status: in_force

"Diesel power package" means a diesel engine with an intake system, exhaust system and a safety shutdown system installed that meets the specific requirements for MSHA approval of diesel power packages intended for use in approved equipment in areas of underground coal mines where electric equipment is required to be permissible.
W. Va. Code § 11-13X-1 — WV Code / Chapter 11 / Article 13X / Section 1
§11-13X-1. Short title.
Status: in_force

This article may be cited as the "West Virginia Film Industry Investment Act."
W. Va. Code § 11-14A-16 — WV Code / Chapter 11 / Article 14A / Section 16
§11-14A-16. Civil penalty for failure to file required return when no tax due.
Status: in_force

In the case of any failure to make or file a return when no tax is due, as required by this article, on the date prescribed therefor, unless it can be shown that the failure is due to reasonable cause and not due to willful neglect, there shall be collected a civil penalty of $50 or ten percent of the net tax due, whichever is greater, for each month of the failure or fraction thereof. The civil penalty prescribed under this section shall be assessed, collected and paid in the same manner as the motor carrier road tax.
W. Va. Code § 51-11-2 — WV Code / Chapter 51 / Article 11 / Section 2
§51-11-2. Definitions.
Status: in_force

For the purpose of this article:

“Circuit court” means a circuit court of this state, as provided in §51-2-1 of this code.

“Clerk” means the Clerk of the Supreme Court of Appeals of West Virginia.

“Intermediate Court of Appeals” means the Intermediate Court of Appeals of West Virginia created by this article.

“Judge” means a person appointed or elected to serve as a Judge for the Intermediate Court of Appeals, pursuant to this article.

“Supreme Court of Appeals” means the Supreme Court of Appeals of West Virginia.
W. Va. Code § 21A-5-15 — WV Code / Chapter 21A / Article 5 / Section 15
§21A-5-15. Fractions of cents.
Status: in_force

In any payment, a fractional part of a cent shall be disregarded unless it amount to one-half cent or more, in which case, it shall be increased to 1¢.
W. Va. Code § 17-10-25 — WV Code / Chapter 17 / Article 10 / Section 25
§17-10-25. Penalties.
Status: in_force

A person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction shall be fined not less than $10 nor more than $100, or be imprisoned not less than five nor more than thirty days, or both.
W. Va. Code § 11-11-40 — WV Code / Chapter 11 / Article 11 / Section 40
§11-11-40. General procedure and administration.
Status: in_force

The provisions of the "West Virginia Tax Procedure and Administration Act" set forth in article ten of this chapter, shall apply to the tax imposed by this article with like effect as if said act were set forth in extenso in this article, except where it is expressly and specifically provided in this article that a particular provision of this article shall govern and control.
W. Va. Code § 17E-1-23 — WV Code / Chapter 17E / Article 1 / Section 23
§17E-1-23. Funding for the commercial driver's license fees.
Status: in_force

(a) Each application for a commercial driver's license shall be accompanied by the fees provided in this section and the fees shall be deposited in a special revolving fund for the operation by the division of its functions established by this chapter: Provided, That on and after July 1, 2007, any unexpended balance remaining in the special revolving fund shall be transferred to the Motor Vehicle Fees Fund created under the provisions of section twenty-one, article two, chapter seventeen-a of this code and all further fees collected shall be deposited in that fund.

(b) The fee for a commercial driver's license shall be established by the commissioner to cover all necessary costs for program administration. The fees for knowledge and road testing shall also be established by the commissioner to cover all program costs projected to be incurred by the division.