FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 15-1B-6 — WV Code / Chapter 15 / Article 1B / Section 6
§15-1B-6. Dismissal of officers.
Status: in_force

a. No officer of the National Guard shall be dismissed unless by reason of resignation, approval of findings of an efficiency or medical examining board, withdrawal of federal recognition, the sentence of a court-martial, or for cause as provided in subsection d of this section.

b. The efficiency, moral character, incompetency, inability to properly perform his duty, and general fitness for retention in the National Guard of any officer may be investigated and determined by an efficiency examining board.

c. The physical fitness for further service of any officer of the National Guard may be investigated by a medical examining board of officers.

d. Efficiency and medical examining boards consisting of three or more officers shall be appointed by the Adjutant General upon recommendation of the commanding officer of the officer under investigation. All members of such boards shall be senior in grade to the officer under investigation, unless unavailable. Such boards shall be vested with the powers of courts of inquiry and courts-martial. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine and to call the witnesses in his behalf. He shall at all stages of the proceedings be allowed full access to records pertinent to his case and be furnished copies of the same. If the officer shall fail to appear at the time and place set for the hearing by the board, the board shall proceed to consider the evidence presented to it and make such findings as shall be warranted. If the findings of the board are unfavorable to an officer and are approved by the Governor, the Governor shall dismiss the officer, transfer him to the state retired list or the honorary militia, or make such other order as may be appropriate.

e. Any officer who permanently moves from the state or who is absent without leave from drill, training and other duty for two months, or whose federal recognition is withdrawn may be dismissed automatically.

f. In any case in which the Adjutant General shall have ground to believe an officer unfit, incompetent, or incapable of performing his duties, he may be dismissed or transferred to the reserve list or honorary National Guard, if appropriate, without reference to an efficiency or medical examining board, unless the officer so dismissed or transferred shall, within thirty days after being notified thereof, serve upon the Adjutant General notice in writing demanding a hearing and examination before an appropriate board.
W. Va. Code § 48-16-210 — WV Code / Chapter 48 / Article 16 / Section 210
§48-16-210. Application of article to nonresident subject to personal jurisdiction.
Status: in_force

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this article, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to section 316 [§48-16-316], communication with a tribunal outside this state pursuant to section 317 [§48-16-317], and obtain discovery through a tribunal outside this state pursuant to section 318 [§48-16-318]. In all other respects, parts III through [§§48-3-101 et seq. through §§ 48-6-101 et seq.] VI do not apply and the tribunal shall apply the procedural and substantive law of this state.
W. Va. Code § 37-6-3 — WV Code / Chapter 37 / Article 6 / Section 3
§37-6-3. Effect of transfer of rent, reversion or remainder.
Status: in_force

When rents are inherited, conveyed or devised, all rights of distress and reentry, or either of them, shall pass to the heir, grantee or devisee without express words. An inheritance, grant, or devise of a rent, or of a reversion or remainder, shall be good and effectual without attornment of the tenant; but no tenant, who, before the death of the ancestor or testator, or before notice of the grant, shall have paid the rent to the ancestor, testator, or grantor, shall suffer any damage thereby.
W. Va. Code § 13-1-20 — WV Code / Chapter 13 / Article 1 / Section 20
§13-1-20. Imposition and collection of tax to pay bonds and interest.
Status: in_force

It shall be the duty of the governing body of any political division, at or before the time of issuing bonds under this article, to provide for the imposition and collection annually of a tax, in excess of all other taxes, on all property subject to taxation by the political division under the Constitution and laws of this state, sufficient in amount to pay annually the interest on such debt and the principal thereof falling due in each year, such tax to be levied and collected by the same officers, at the same time and in the same manner as the general taxes of the political division. Should any political division neglect or fail for any reason to impose or collect such tax for the payment of the principal or interest of any bonded indebtedness incurred under this article, any person in interest or the State Tax Commissioner may enforce the imposition and collection thereof in any court having jurisdiction of the subject matter, and any suit, action or proceeding brought for such purpose shall be heard and disposed of with reasonable dispatch.
W. Va. Code § 30-22-17 — WV Code / Chapter 30 / Article 22 / Section 17
§30-22-17. Display of license.
Status: in_force

(a) The board shall prescribe the form for a license and may issue a duplicate license, upon payment of a fee.

(b) A licensee shall conspicuously display his or her license at his or her principal place of practice.
W. Va. Code § 16-30-19 — WV Code / Chapter 16 / Article 30 / Section 19
§16-30-19. Physician’s duty to confirm, communicate, and document terminal condition; medical record identification.
Status: in_force

(a) An attending physician who has been notified of the existence of a living will or combined medical power of attorney and living will executed under this article, without delay after the diagnosis of a terminal condition of the principal, shall take steps as needed to provide for confirmation, written certification, and documentation of the principal’s terminal condition in the principal’s medical record.

(b) Once confirmation, written certification, and documentation of the principal’s terminal condition is made, the attending physician shall verbally or in writing inform the principal of his or her condition or the principal’s medical power of attorney representative or surrogate, if the principal lacks capacity to comprehend such information and shall document such communication in the principal’s medical record.

(c) All inpatient health care facilities shall develop a system to visibly identify a person’s chart which contains a living will or medical power of attorney, combined medical power of attorney and living will, or a portable order for scope of treatment as set forth in this article.
W. Va. Code § 49-12-2 — WV Code / Chapter 49 / Article 12 / Section 2
§49-12-2. Legislative findings and definition.
Status: in_force

(a) The Legislature finds that it is a fundamental right of parents to direct the upbringing, education, care, and medical care of their minor children. The Legislature further finds that important information relating to a minor child should not be withheld, either inadvertently or purposefully, from his or her parent, including information relating to the minor child’s health, well-being, and education, while the minor child is in the custody of the school district.

(b) For purposes of this article, the term “parent” means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian.
W. Va. Code § 16-13B-16 — WV Code / Chapter 16 / Article 13B / Section 16
§16-13B-16. No liability of state, county, municipality and assessment district.
Status: in_force

Neither the state nor any county or municipality shall be liable on notes or other evidences of indebtedness of an assessment district or for the payment of any assessment fees evidenced by any assessment certificate, and such notes or other evidences of indebtedness and assessment certificates shall not be a debt of the state or any county or municipality, and such notes or other evidences of indebtedness and assessment certificates shall contain on the face thereof a statement to such effect. No assessment district shall be liable for the payment of any assessment fees evidenced by any assessment certificates issued pursuant to this article and assessment certificates shall contain on the face thereof a statement to such effect.
W. Va. Code § 20-17A-2 — WV Code / Chapter 20 / Article 17A / Section 2
§20-17A-2. Continuation of Mountaineer Trail Network Recreation Authority and establishment of recreation area.
Status: in_force

(a) There is hereby continued the Mountaineer Trail Network Recreation Authority consisting of representatives from the counties of Barbour, Doddridge, Grant, Harrison, Lewis, Marion, Mineral, Monongalia, Preston, Randolph, Ritchie, Taylor, Tucker, Upshur, and Wood organized pursuant to the provisions of §20-17-1 et seq . of this code. This authority is authorized to establish a Mountaineer Trail Network Recreation Area within the jurisdictions of those counties and the authority shall be subject to the powers, duties, immunities, and restrictions provided in §20-17-1 et seq . of this code. Visitors and participants in recreational activities within the trail network shall, in similar respects, be subject to the user requirements and prohibitions of §20-17-7 of this code.

(b) Notwithstanding subsection (a) of this section, an adjacent county may join the Mountaineer Trail Network Recreation Authority pursuant to the procedures set forth in §20-17-3(b) of this code.

(c) Notwithstanding subsection (a) of this section, the Mountaineer Trail Network Recreation Authority may merge with another multicounty trail network authority, pursuant to the procedures set forth in §20-17-3(c) of this code.

(d) The Mountaineer Trail Network Recreation Authority may set goals of connecting to the Upper Ohio Valley Trail Network Recreation Authority, the Elk River Trail, the Chesapeake and Ohio Canal Tow Path and any other trails in adjacent neighboring states that can be feasibly connected.
W. Va. Code § 48-30-102 — WV Code / Chapter 48 / Article 30 / Section 102
§48-30-102. Hearing procedures.
Status: repealed

Repealed.

Acts, 2001 5Ex. Sess., Ch. 5.
W. Va. Code § 21-3C-5 — WV Code / Chapter 21 / Article 3C / Section 5
§21-3C-5. Powers and duties of counties and municipalities; annual inspections required; acceptance inspection.
Status: in_force

(a) A county or municipality may hire a private inspector or contract with any person who possesses a West Virginia elevator inspector's certificate of competency issued by the Division.

(b) The county or municipality shall ensure that every elevator which has been in use for five years or more is inspected annually. A private inspector may inspect any elevator in the state. A division inspector may inspect any elevator in the state for the purpose of monitoring whether private inspectors are in compliance with the provisions of this article.

(c)(1) The county or municipality shall ensure that each newly installed elevator within its jurisdiction is inspected and issued a certificate of acceptance by the Division prior to being placed in service.

(2) A certificate of acceptance shall only be issued if the elevator was installed in compliance with the safety standards set forth in the American Society of Mechanical Engineers Safety Code for Elevators and Escalators (ASME) A17.1-3, "Safety Code for Elevators" and ASME A18.1, "Safety Code for Platform Lifts and Stairway Chairlifts".

(3) The acceptance inspection shall be subject to the same procedures and requirements as any other elevator inspection.
W. Va. Code § 48-14-403 — WV Code / Chapter 48 / Article 14 / Section 403
§48-14-403. Exception to requirement for automatic withholding from income.
Status: in_force

If one of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding, or in any case where there is filed with the court a written agreement between the parties which provides for an alternative arrangement, the support order may not provide for income withholding to begin immediately.

(1) The order must provide that income withholding will begin immediately upon the occurrence of any of the following:

(A) When the payments which the obligor has failed to make under the order are at least equal to the support payable for one month, if the order requires support to be paid in monthly installments;

(B) When the payments which the obligor has failed to make under the order are at least equal to the support payable for four weeks, if the order requires support to be paid in weekly or bi-weekly installments;

(C) When the obligor requests the Bureau for Child Support enforcement to commence income withholding; or

(D) When the obligee requests that such withholding begin, if the request is approved by the court in accordance with procedures and standards established by rules promulgated by the commission pursuant to this section and to chapter twenty-nine-a of this code.

(2) The court shall consider the best interests of the child in determining whether "good cause" exists under this section. The court may also consider the obligor's payment record in determining whether "good cause" has been demonstrated.

(3) When immediate income withholding is not required due to the findings required by this section, the Bureau for Child Support enforcement shall mail a notice to the obligor pursuant to section 14-405 of this article upon the occurrence of any of the conditions provided for in subdivision (1) of this section.
W. Va. Code § 10-4-2 — WV Code / Chapter 10 / Article 4 / Section 2
§10-4-2. Contents.
Status: in_force

Such roster shall contain the principal items of the record of each soldier, sailor or marine as shown by the rolls in the office of the Adjutant General of this state and in the war and navy departments of the United States, and shall include a notation of all decorations bestowed upon any soldier, sailor or marine by the United States or any foreign governments. In the preparation of such roster all names shall be arranged in alphabetical order, if possible, or in such a manner as to render all information therein readily accessible. Preparation of the roster shall begin as soon as possible and continue until the work is completed.
W. Va. Code § 44D-1-106 — WV Code / Chapter 44D / Article 1 / Section 106
§44D-1-106. Common law of trusts; principles of equity.
Status: in_force

The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another statute of this state.
W. Va. Code § 15A-3-4A — WV Code / Chapter 15A / Article 3 / Section 4A
§15A-3-4a. Powers and duties of commissioner generally regarding Stevens Correctional Center.
Status: in_force

(a) In compliance with the powers and duties of the commissioner in §15A-3-4 of this code, the commissioner shall manage, direct, control, and govern Stevens Correctional Center in McDowell County consistent with any other juvenile or adult facility since Stevens Correctional Center in McDowell County has been transferred to the commissioner and is no longer contracted with the county commission of McDowell County to house and incarcerate inmates.

(1) Under prior actions, all of the facilities, equipment, and assets, associated with and on the property known as Stevens Correctional Center have been acquired and ownership assumed by the State of West Virginia through the Division of Corrections and Rehabilitation.

(2) All debt liability related to the operation of the Stevens Correctional Center in its capacity and previous agreements related to the West Virginia Division of Corrections and Rehabilitation currently owed by the County of McDowell have been paid and acquired by the West Virginia Division of Corrections and Rehabilitation and the State, or both.

(3) All county employees of the Stevens Correctional Center shall be transferred to the West Virginia Division of Corrections and Rehabilitation in the state classified service system, subject to a one year probationary period, and shall carry over all rank and accrued annual and sick leave balances.
W. Va. Code § 47-5-5 — WV Code / Chapter 47 / Article 5 / Section 5
§47-5-5. Violations; penalties.
Status: in_force

Whoever violates any of the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $500, or imprisoned in the county jail not more than thirty days, or both fined and imprisoned.
W. Va. Code § 17-3-1A — WV Code / Chapter 17 / Article 3 / Section 1A
§17-3-1a. Annual audit to be made of receipts and expenditures of state road commission.
Status: in_force

The Legislature acting through the Joint Committee on Government and Finance shall cause an annual audit to be made by a resident independent certified public accountant of all books, accounts and records relating to all receipts and expenditures of the state road commission which are not audited by the United States bureau of public roads or the United States general accounting office. The state road commissioner shall make available to such independent Auditor or Auditors performing such audit all of the commission's books, accounts and records pertaining to all funds received and expended. The Auditor or Auditors performing such audit shall make available annually the audit report with copies thereof to the members of the Legislature, the Governor, the state road commissioner, the Secretary of State, the State Treasurer, the Attorney General and the State Auditor; and the audit report shall be available to the public in the office of the Secretary of State.

The Legislature acting through the Joint Committee on Government and Finance shall obtain the services of a resident independent certified public accountant for this purpose, the cost of which shall be payable out of funds appropriated by the Legislature. Any audits of the funds which have been made by any official auditing agency of the United States government shall be accepted and its work not duplicated.
W. Va. Code § 11A-1-4 — WV Code / Chapter 11A / Article 1 / Section 4
§11A-1-4. Collection by sheriff.
Status: in_force

The sheriff, as ex officio county treasurer, shall collect all taxes levied in his county. For this purpose he shall have an office at the county seat, which shall be kept open daily during business hours.
W. Va. Code § 7A-7-6 — WV Code / Chapter 7A / Article 7 / Section 6
§7A-7-6. Municipalities within territory remain incorporated in metro government.
Status: in_force

Municipalities, other than the principal city, are not automatically consolidated into the metro government. Upon the approval by voters of metro consolidation, municipalities within the territory of the metro government remain incorporated and continue to perform their functions as permitted by law unless dissolved or consolidated pursuant to section eight of this article.
W. Va. Code § 20-5-18 — WV Code / Chapter 20 / Article 5 / Section 18
§20-5-18. Discounts for West Virginia residents over the age of sixty-two.
Status: in_force

The director shall provide to West Virginia citizens who are sixty-two years of age or older, and who document residency and age by a valid West Virginia driver's license, a fifty percent reduction in campground rental fees for each campsite to be used exclusively by said eligible camper: Provided, That the fifty percent reduction in campground rental fees shall only apply to those rentals occurring during the period of time beginning on the day after Labor Day and ending four days prior to Memorial day.
W. Va. Code § 19-11B-16 — WV Code / Chapter 19 / Article 11B / Section 16
§19-11B-16. Confidentiality of trade secrets.
Status: in_force

The commissioner may not make public information which contains or relates to trade secrets, commercial or financial information obtained from a person or privileged or confidential information: Provided, That when the information is necessary to carry out the provisions of this article, this information may be revealed, subject to a protective order, to any federal, state or local agency consultant or may be revealed, subject to a protective order, at a closed hearing or in findings of fact issued by the commissioner.
W. Va. Code § 17-20-2 — WV Code / Chapter 17 / Article 20 / Section 2
§17-20-2. Roadside memorial marker criteria.
Status: in_force

(a) Legislative rules proposed pursuant to section one of this article shall provide for the placement of markers in a manner that increases public awareness of highway safety and promotes the safe use of the highways and their rights-of-way. The rules shall prescribe circumstances under which:

(1) Memorial markers may be placed near to where a fatal accident occurred, considering available space, property owner complaints or other constraints; and

(2) Decorations, flowers or other memorial ornaments or tributes may be placed on the right-of-way by family members.

(b) Notwithstanding any provision of the rules to the contrary, the commissioner may direct or cause the removal of any memorial marker or tribute from a state highway right-of-way, without notice, upon the determination by the commissioner that the removal is necessary for construction, maintenance, safety or other purpose. The state of West Virginia, its agencies and subdivisions, and their officers and employees shall not be liable for any claims arising as a result of the removal of a marker or tribute.
W. Va. Code § 33-63-5 — WV Code / Chapter 33 / Article 63 / Section 5
§33-63-5. Exclusions in motor vehicle liability insurance policies.
Status: in_force

(a) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any injury or loss that occurs during the delivery available period and the delivery service period, including, but not limited to:

(1) Liability coverage for bodily injury and property damage;

(2) Uninsured and underinsured motorist coverage pursuant to §33-6-31 of this code;

(3) Medical payments coverage;

(4) Comprehensive physical damage coverage; and

(5) Collision physical damage coverage.

(b) Nothing in this article invalidates or limits an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles used for delivery or for any business use.

(c) Nothing in this article invalidates, limits, or restricts an insurer's ability under existing law to underwrite any insurance policy. Nothing in this article invalidates, limits, or restricts an insurer's ability under existing law to cancel and non-renew policies.

(d) A motor vehicle liability insurer that defends or indemnifies a claim against a delivery network driver that is excluded under the terms of its policy shall have the right to seek recovery against the insurer providing coverage under §33-63-3(a) and §33-63-3(b) of this code if the claim:

(1) Occurs during the delivery available period or the delivery service period; and

(2) Is excluded under the terms of its policy.
W. Va. Code § 13-2F-6 — WV Code / Chapter 13 / Article 2F / Section 6
§13-2F-6. Confidentiality.
Status: in_force

Notwithstanding any other provision of this code to the contrary, the books of registry held by the official registrar or his designee shall be confidential, and the information contained therein shall not be available to the public.
W. Va. Code § 44-3A-10 — WV Code / Chapter 44 / Article 3A / Section 10
§44-3A-10. Continuances until all claims and objections passed on.
Status: in_force

The fiduciary supervisor may adjourn from time to time the hearing for the presentation of claims or the fiduciary commissioner may likewise adjourn from time to time the hearings for proof of disputed claims until all the presented claims and the objections to any claims, as the case may be, shall be fully heard and passed on.