FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 22-28-5 — WV Code / Chapter 22 / Article 28 / Section 5
§22-28-5. Authority of the Department of Environmental Protection and Division of Health not affected.
Status: in_force

Nothing contained in this article shall be construed to affect the authority of the Department of Environmental Protection pursuant to the provisions of this chapter, nor the authority of the Division of Health pursuant to the provisions of chapter sixteen of this code. Facilities discharging into the Potomac River watershed and its tributaries shall be designed to achieve nutrient reductions, for both Nitrogen and Phosphorus, consistent with West Virginia's participation in the Chesapeake Bay Program upon implementation of the Chesapeake Bay standards by the Secretary.
W. Va. Code § 18-9A-22 — WV Code / Chapter 18 / Article 9A / Section 22
§18-9A-22. Supplemental funding for the provision of programs required for Limited English Proficient (LEP) students.
Status: in_force

Any funds appropriated by the Legislature to the Department of Education for distribution to the county boards of education to supplement programs required for Limited English Proficient students as defined by state board policy in accordance with federal law shall be used to supplement a program when the cost of the program exceeds the capacity of a county board to provide the program with funds available. Any appropriation made pursuant to this section shall be distributed to the county boards in a manner that takes into account the varying proficiency levels of the students and the capacity of the county board to deliver the needed programs. In order to receive the funding, a county board must apply to the state superintendent. The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code that sets forth the manner in which county boards apply for the funding and to implement the other provisions of this section.
W. Va. Code § 11-15-1A — WV Code / Chapter 11 / Article 15 / Section 1A
§11-15-1a. Legislative findings.
Status: in_force

The Legislature hereby finds and declares that:

(1) It is the intent of the Legislature that the consumers sales tax imposed by the provisions of article fifteen and the use tax imposed by the provisions of article fifteen-a of this chapter, be complementary laws and wherever possible be construed and applied to accomplish such intent as to the imposition, administration and collection of these taxes; and

(2) On and after January 1, 2004, the taxes levied by this article and article fifteen-a of this chapter shall also be administered and collected in accordance with the provisions of article fifteen-b of this chapter.
W. Va. Code § 51-3-16 — WV Code / Chapter 51 / Article 3 / Section 16
§51-3-16. Security plans; approval by court security board; awards; training.
Status: in_force

(a) The sheriff of each county in conjunction with the circuit judges, magistrates and family law master may develop a security plan to enhance the security of all the court facilities in use in the county and submit said plan to the court security board.

(b) Each security plan shall include, but not be limited to:

(1) An assessment of the existing security measures in place and any problems or shortcomings with the existing procedures;

(2) A description of how the county responds to court security emergencies and whether the response is adequate;

(3) A prioritized listing of equipment or personnel, or both, needed to improve the security of the court facilities in the county, including cost estimates for such equipment and personnel;

(4) A description of the physical locations of court facilities around the county and a discussion of whether changes or consolidation of space could improve court security in the county; and

(5) An assessment of the training needs for bailiffs currently employed in the county or for additional bailiffs and the options for securing the necessary training.

(c) Each plan prepared under this section is subject to approval by the court security board. Any plan rejected by the court security board shall be returned to the county with a statement of the insufficiencies in such plan. The county shall revise the plan to eliminate the insufficiencies and resubmit it to the court security board.

(d) Upon receipt of the plans the court security board shall meet at least twice a year to review the plans and to award money from the court security fund to the circuit clerk, county commission or county sheriff to be used solely and exclusively to purchase equipment, hire personnel or make other identified expenditures in accordance with the plan. The board shall develop an application form and establish criteria to assist them in making the decisions on which applications will receive money and how much money will be awarded. Once an award has been made, the recipient will have a fixed amount of time in which to execute the expenditures described in their plan. The board will set forth in writing the amount of the award, the time frame for accomplishing the plan objectives and the requirement that any unexpended money be returned to the board for deposit in the court security fund. The award or decision not to award these funds shall not relieve any person or office of their duty or obligation to provide security services to courts in this state.

(e) The board is authorized to award money from the court security fund to be used by the counties for costs and expenses of training for bailiffs. The board may establish minimum standards for training and it may designate specific agencies or institutions approved for administering such training.
W. Va. Code § 17-16F-25 — WV Code / Chapter 17 / Article 16F / Section 25
§17-16F-25. Railroad maintenance bonds lawful investments.
Status: in_force

By the provisions of §12-6-1 et seq . of this code, notwithstanding any code section to the contrary, all railroad maintenance revenue bonds issued pursuant to this article are lawful investments for the West Virginia Investment Management Board and are also lawful investments for banking institutions, societies for savings, building and loan associations, savings and loan associations, deposit guarantee associations, trust companies, insurance companies, including domestic for life and domestic not for life insurance companies.
W. Va. Code § 17-4-8A — WV Code / Chapter 17 / Article 4 / Section 8A
§17-4-8a. Road paving and utility work coordination.
Status: in_force

(a) In order to avoid the destruction of newly paved roads, each utility and the Division of Highways shall coordinate with each other concerning the timing of paving activity and utility work that disturbs any paved road.

(b) For purposes of this section:

(1) “Paved road” means any paved road in the state road system.

(2) “Paving activity” means any paving or resurfacing of at least 300 linear feet of a state right-of-way but excludes patching.

(3) “Utility” means any utility as defined in §17-2A-17a of this code.

(c) (1) Beginning on December 31, 2025, and due annually on or before that date thereafter, each utility shall provide a report that lists all projects planned by the utility, during the next two years including anticipated construction start and stop dates, that require digging or cutting into any paved road to the district office of the Division of Highways in which the paved road is located. The report shall also include identification of any grants that have either been received or applied for that may result in work that affects a paved road. The Division of Highways shall review and consider such reports in conjunction with the division’s planning of projects and paving activity.

(2) If the utility does not have plans to improve or replace any road asset under consideration in the next two calendar years, the said utility may submit a “no plans report” and opt out of the yearly report. Failure to comply with these reporting requirements may result in the Division of Highways to withhold issuing a “Right of Way Entry Permit” until the required report is submitted.

(d) Beginning September 1, 2025, the Division of Highways shall make available on the division’s website the following:

(1) A map of its districts;

(2) A list of all planned paving activities with approximate paving activity dates and with reasonable paving activity location information; and

(3) A copy of all reports provided by a utility by district pursuant to this section for the most current year.

(e) Nothing in this section prohibits the Division of Highways from filling potholes or performing other necessary maintenance work for the safety of vehicular or foot traffic upon roads that are scheduled for utility projects.

(f) Nothing in this section prohibits a utility from digging or cutting and subsequently patching paved roads in accordance with §17-16-6 of this code in order to perform necessary utility repairs or projects. After performing any work that damages a paved road or other public right-of-way, the utility shall repair the road or right-of-way in accordance with the West Virginia Division of Highways Accommodation of Utilities on Highway Right-of-Way and Adjustment and Relocation of Utility Facilities on Highway Projects latest manual.
W. Va. Code § 21-16-4 — WV Code / Chapter 21 / Article 16 / Section 4
§21-16-4. Scope of practice.
Status: in_force

(a) An HVAC technician in training is authorized to assist in providing heating, ventilating, and cooling work only under the direction and control of a HVAC technician.

(b) An HVAC technician is authorized to provide heating, ventilating, and cooling work without supervision.

(c) Persons licensed under this article are subject to the applicable provisions of the Contractor Licensing Act in §30-42-1 et seq ., of this code in the performance of work authorized by this article.
W. Va. Code § 16B-3-14 — WV Code / Chapter 16B / Article 3 / Section 14
§16B-3-14. Rural Emergency Hospital Act.
Status: in_force

(a) Definitions – As used in this section:

(1) "Critical Access Hospital" means a hospital that has been deemed eligible and received designation as a critical access hospital by the Centers for Medicare and Medicaid Services (CMS).

(2) "Rural Emergency Hospital" means a facility that:

(A) Was a critical access hospital;

(B) Does not provide acute care inpatient services; and

(C) Provides, at a minimum, rural emergency hospital services.

(3) "Rural Emergency Hospital Services" means emergency department services and observation care furnished by a rural emergency hospital that does not exceed an annual per patient average of 24 hours in such rural emergency hospital.

(4) "Staffed Emergency Department" means an emergency department of a rural emergency hospital that meets the following requirements:

(A) The emergency department is staffed 24 hours a day, seven days a week; and

(B) A licensed physician, advanced practice registered nurse, clinical nurse specialist, or physician assistant is available to furnish rural emergency hospital services in the facility 24 hours a day.

(b) A hospital located in an urban area (Metropolitan Statistical Areas (MSA) county), can be considered rural for the purposes of a designation as a critical access hospital pursuant to U.S.C. §1395i-4(c)(2) if it meets the following criteria:

(1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid and Medicare patients;

(2) Provides emergency health care services to indigent patients;

(3) Maintains 24-hour emergency services; and

(4) Is located in a county that has a rural population of 50 percent or greater as determined by the most recent United States decennial census.

(c) A critical access hospital may apply to be licensed as a rural emergency hospital if:

(1) It has been designated as a critical access hospital for at least one year; and

(2) It is designated as a critical access hospital at the time of application for licensure as a rural emergency hospital.

(d) In addition to the requirements of subsection (c) of this section, rural emergency hospital shall, at a minimum:

(1) Provide rural emergency hospital services through a staffed emergency department;

(2) Treat all patients regardless of insurance status; and

(3) Have in effect a transfer agreement with a Level I or Level II trauma center.

(e) A rural emergency hospital may:

(1) With respect to services furnished on an outpatient basis, provide other medical and health services as specified by the Inspector General through rulemaking; and

(2) Include a unit of a facility that is a distinct part licensed as a skilled nursing facility to furnish post-hospital extended care services.

(f) The Inspector General shall propose a rule for legislative approval in accordance with the provisions of §29A-3-1 et seq . of this code to implement the provisions of this section.
W. Va. Code § 27-5-9 — WV Code / Chapter 27 / Article 5 / Section 9
§27-5-9. Rights of patients.
Status: in_force

(a) No person may be deprived of any civil right solely by reason of his or her receipt of services for mental illness, intellectual disability or addiction, nor does the receipt of the services modify or vary any civil right of the person, including, but not limited to, civil service status and appointment, the right to register for and to vote at elections, the right to acquire and to dispose of property, the right to execute instruments or rights relating to the granting, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, but a person who has been adjudged incompetent pursuant to article eleven of this chapter and who has not been restored to legal competency may be deprived of such rights. Involuntary commitment pursuant to this article does not of itself relieve the patient of legal capacity.

(b) Each patient of a mental health facility receiving services from the facility shall receive care and treatment that is suited to his or her needs and administered in a skillful, safe and humane manner with full respect for his or her dignity and personal integrity.

(c) Every patient has the following rights regardless of adjudication of incompetency:

(1) Treatment by trained personnel;

(2) Careful and periodic psychiatric reevaluation no less frequently than once every three months;

(3) Periodic physical examination by a physician no less frequently than once every six months; and

(4) Treatment based on appropriate examination and diagnosis by a staff member operating within the scope of his or her professional license.

(d) The chief medical officer shall cause to be developed within the clinical record of each patient a written treatment plan based on initial medical and psychiatric examination not later than seven days after he or she is admitted for treatment. The treatment plan shall be updated periodically, consistent with reevaluation of the patient. Failure to accord the patient the requisite periodic examinations or treatment plan and reevaluations entitles the patient to release.

(e) A clinical record shall be maintained at a mental health facility for each patient treated by the facility. The record shall contain information on all matters relating to the admission, legal status, care and treatment of the patient and shall include all pertinent documents relating to the patient. Specifically, the record shall contain results of periodic examinations, individualized treatment programs, evaluations and reevaluations, orders for treatment, orders for application for mechanical restraint and accident reports, all signed by the personnel involved.

(f) Every patient, upon his or her admission to a hospital and at any other reasonable time, shall be given a copy of the rights afforded by this section.

(g) The Secretary of the Department of Health Facilities shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to protect the personal rights of patients not inconsistent with this section.
W. Va. Code § 19-2B-5 — WV Code / Chapter 19 / Article 2B / Section 5
§19-2B-5. Access to establishments, records, etc.
Status: in_force

The commissioner may at any time enter upon and inspect any establishment, place, premises or conveyance, either private or public, where animals or poultry are slaughtered or carcasses, meat products or poultry products are processed, handled, stored, transported, distributed, sold or offered for sale, for the purpose of examining such animals or poultry, carcasses, meat products or poultry products. Any person engaged in the business of operating an establishment shall maintain such records as the commissioner may require directly pertaining to the movement, storage and distribution or other disposition of animals or poultry, carcasses, meat products and poultry products, and such records shall be open to inspection by the commissioner at any time during the normal working hours at such establishment.
W. Va. Code § 5B-13-4 — WV Code / Chapter 5B / Article 13 / Section 4
§5B-13-4. State preemption of local regulation.
Status: in_force

(a) Except as provided in this section, a county or municipality may not enact nor enforce any ordinance, regulation, resolution, administrative act, or other local law that prohibits, restricts, limits, or otherwise regulates the extraction of any strategic and critical resource outside municipal or urban areas.

(b) Except as provided in this section, a county or municipality may not enact nor enforce any ordinance, regulation, resolution, administrative act, or other local law that prohibits, restricts, limits, or otherwise regulates the acquisition, siting, development, construction, equipping, use, operation, expansion, repair, or maintenance of any strategic and critical resource facility outside municipal or urban areas.

(c) This article does not exempt an owner or operator from compliance with generally applicable business licenses, ad valorem property taxation, municipal sales or use taxes, utility rates and service charges, municipal service fees, or the State Building Code.
W. Va. Code § 30-3-3 — WV Code / Chapter 30 / Article 3 / Section 3
§30-3-3. Short title.
Status: in_force

This article shall be known and may be cited as the "West Virginia Medical Practice Act."
W. Va. Code § 33-12-20 — WV Code / Chapter 33 / Article 12 / Section 20
§33-12-20. Personal liability of agent.
Status: in_force

Any agent who participates directly or indirectly in effecting any insurance contract, except authorized reinsurance, upon any subject of insurance resident, located or to be performed in this state, where the insurer is not licensed to transact insurance in this state, shall be personally liable upon the contract as though such agent were the insurer thereof. This section shall not apply to excess line insurance procured in the manner provided in article twelve-c of this chapter, nor to ocean marine insurance or marine protection and indemnity insurance.
W. Va. Code § 33-33-12A — WV Code / Chapter 33 / Article 33 / Section 12A
§33-33-12a. Internal Audit Function Requirements.
Status: in_force

(a) An insurer is exempt from the requirements of this section if:

(1) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $500 million; and

(2) If the insurer is a member of a group of insurers, the group has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $1 billion.

(b) The insurer or group of insurers shall establish an internal audit function providing independent, objective and reasonable assurance to the audit committee and insurer management regarding the insurer’s governance, risk management and internal controls. This assurance shall be provided by performing general and specific audits, reviews and tests and by employing other techniques deemed necessary to protect assets, evaluate control effectiveness and efficiency, and evaluate compliance with policies and regulations.

(c) In order to ensure that internal auditors remain objective, the internal audit function must be organizationally independent. Specifically, the internal audit function may not defer ultimate judgment on audit matters to others, and shall appoint an individual to head the internal audit function who will have direct and unrestricted access to the board of directors. Organizational independence does not preclude dual-reporting relationships.

(d) The head of the internal audit function shall report to the audit committee regularly, but no less than annually, on the periodic audit plan, factors that may adversely impact the internal audit function’s independence or effectiveness, material findings from completed audits and the appropriateness of corrective actions implemented by management as a result of audit findings.

(e) If an insurer is a member of an insurance holding company system or included in a group of insurers, the insurer may satisfy the internal audit function requirements set forth in this section at the ultimate controlling parent level, an intermediate holding company level or the individual legal entity level.
W. Va. Code § 16-29E-3 — WV Code / Chapter 16 / Article 29E / Section 3
§16-29E-3. Definitions.
Status: in_force

As used in this article:

(a) "Agency" means those various agencies, authorities, boards, committees, commissions, or departments of the Department of Health and Human Resources with authority to promulgate legislative rules pursuant to this chapter that regulate health care providers, practitioners, or consumers; or those offering social services programs;

(b) "Commission" means the Legislative Oversight Commission on Health and Human Resources Accountability; and

(c) "Department" means the Department of Health and Human Resources, and any successor agencies.
W. Va. Code § 12-9-2 — WV Code / Chapter 12 / Article 9 / Section 2
§12-9-2. Receipts and expenditures.
Status: in_force

(a) The West Virginia Savings and Investment Program Fulfillment Fund shall consist of all moneys in the fund on the effective date of this section, any moneys that may be appropriated to the fund by the Legislature, all interest or other return earned or received from investment of the fund; any moneys which the fund is authorized to receive under any provision of this code for the purposes of this article, and all gifts, grants, bequests, or transfers made to the fund from any source.

(b) The State Treasurer may expend moneys in the West Virginia Savings and Investment Program Fulfillment Fund for costs to implement or administer any savings or investment program with an initial date of operation occurring on or after July 1, 2021, including, but not limited to, the Hope Scholarship Program, established in §18-31-1 et seq. of this code, and Jumpstart Savings Program, established in §18-30A-1 et seq . of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund to be expended as authorized by this article.
W. Va. Code § 48-14-412 — WV Code / Chapter 48 / Article 14 / Section 412
§48-14-412. Notice of termination of employment or receipt of income.
Status: in_force

A source of income who employs or otherwise pays income to an obligor who is subject to withholding under the provisions of this part 4 shall notify the Bureau for Child Support enforcement promptly when the obligor terminates employment or otherwise ceases receiving income from the source of income, and shall provide the Bureau for Child Support enforcement with the obligor's last known address and the name and address of the obligor's new source of income, if known.