FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 11-6E-5 — WV Code / Chapter 11 / Article 6E / Section 5
§11-6E-5. Protest and appeal.
Status: in_force

At any time after the property is returned for taxation but prior to January 1, of the assessment year, any taxpayer may apply to the county assessor for information regarding the issue of whether any particular item or items or property constitute specialized production manufacturing property under this article which should be subject to valuation in accordance with this article. If the taxpayer believes that some portion of the taxpayer's property is subject to the provisions of this article, the taxpayer shall file objections in writing with the county assessor. The county assessor shall decide the matter by either sustaining the protest and making proper corrections, or by stating, in writing if requested, the reasons for the county assessor's refusal. The county assessor may, and if the taxpayer requests, the county assessor shall, before January 1, of the assessment year, certify the question to the Tax Commissioner in a statement sworn to by both parties, or if the parties are unable to agree, in separate sworn statements. The sworn statement or statements shall contain a full description of the property and any other information which the Tax Commissioner may require.

The Tax Commissioner shall, as soon as possible on receipt of the question, but in no case later than the twenty-eighth day of February of the assessment year, instruct the county assessor as to how the property shall be treated. The instructions issued and forwarded by mail to the county assessor are binding upon the county assessor, but either the county assessor or the taxpayer may apply to the circuit court of the county for review of the question of the applicability of this article to the property in the same fashion as is provided for appeals from the county commission in section twenty-five, article three of this chapter. The Tax Commissioner shall prescribe forms on which the questions under this section shall be certified and the Tax Commissioner has the authority to pursue any inquiry and procure any information which may be necessary for disposition of the matter.
W. Va. Code § 30-27-9 — WV Code / Chapter 30 / Article 27 / Section 9
§30-27-9. Professional license from another state; license to practice in this state; provisional license to practice in this state.
Status: in_force

(a) The board shall issue a professional license to practice to an applicant of good moral character who holds a valid license or other authorization to practice in that particular field from another state, if the applicant demonstrates that he or she:

(1) Holds a valid license or other authorization to practice in another state which was granted after completion of educational requirements required in another state;

(2) Does not have charges pending against his or her valid license or other authorization to practice and has never had a valid license or other authorization to practice revoked;

(3) Has paid the applicable fee;

(4) Is at least 18 years of age;

(5) Has a high school diploma, a GED, or has passed the "ability to benefit test" approved by the United States Department of Education;

(6) Is a citizen of the United States or is eligible for employment in the United States;

(7) Has presented a certificate of health issued by a licensed physician; and

(8) Has fulfilled any other requirement specified by the board.

(b) The board shall award an applicant holding an expired license from another state a provisional license to practice in this state: Provided, That applicant does not have charges pending against his or her expired license or other authorization to practice and has never had a license revoked or other authorization to practice revoked. The provisional license will become a full license after the applicant:

(1) Has worked for one year under the supervision of someone with a valid license in this state;

(2) Does not have any complaints filed against him or her during the year the applicant holds a provisional license;

(3) Has paid all applicable fees for a provisional license and valid license;

(4) Is at least 18 years of age;

(5) Has a high school diploma, a GED, or has passed the "ability to benefit test" approved by the United States Department of Education;

(6) Is a citizen of the United States or is eligible for employment in the United States;

(7) Has presented a certificate of health issued by a licensed physician; and

(8) Has fulfilled any other requirement specified by the board.

The board may determine the applicable fees for a provisional license: Provided, That the cost shall not exceed one-half the cost of a full license.
W. Va. Code § 16-22B-4 — WV Code / Chapter 16 / Article 22B / Section 4
§16-22B-4. Rules.
Status: in_force

On or before June 30, 1998, the division of health shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as may be needed to establish the program, ensure compliance and assess penalties as needed to implement the provisions of this article.
W. Va. Code § 22-6A-13 — WV Code / Chapter 22 / Article 6A / Section 13
§22-6A-13. Plugging of horizontal wells.
Status: in_force

The secretary shall propose legislative rules for promulgation to govern the procedures for plugging horizontal wells, including rules relating to the methods of plugging the wells and the notices required to be provided in connection with plugging the wells.
W. Va. Code § 10-2A-19 — WV Code / Chapter 10 / Article 2A / Section 19
§10-2A-19. Board to pay charges and rentals for use of establishment.
Status: in_force

The board shall be subject to the same charges and rentals established as hereinbefore provided, or to charges and rentals established in harmony therewith, for the use of such athletic establishment, and shall pay such charges and rentals, when due, from corporate funds, and the same shall be deemed to be a part of the revenues of the athletic establishment as herein defined, and may be applied as herein provided for the application of such revenues.
W. Va. Code § 11-15-9Q — WV Code / Chapter 11 / Article 15 / Section 9Q
§11-15-9q. Exemption for sales by schools and volunteer school support groups.
Status: in_force

Notwithstanding any other provisions of this code to the contrary, sales of tangible personal property and services by not-for-profit volunteer school support groups for elementary or secondary schools located in this state, which hold fund raisers for their schools that last no more than 14 consecutive days and are held not more than 18 times during any 12-month period, are exempt from the taxes imposed by §11-15-1 et seq. and §11-15A-1 et seq. of this code, if the sole purpose of the sales is to obtain revenue for the functions and activities of an elementary or secondary school located in this state. This exemption applies to such sales without regard to whether the volunteer school support organizations holds, or does not hold, an exemption under §501(c)(3) or §501(c)(4) of the Internal Revenue Code of 1986, as amended.
W. Va. Code § 50-3-3 — WV Code / Chapter 50 / Article 3 / Section 3
§50-3-3. Disposition of fines, forfeitures and penalties.
Status: in_force

All fines, forfeitures and penalties collected in magistrate courts in a criminal proceeding shall be submitted on or before the tenth day of the month following the month of their collection to the magistrate court clerk or, if there is no magistrate court clerk, to the clerk of the circuit court together with such information as may be required by the rules of the supreme court and by the rules of the chief inspector of public offices. Such moneys shall thereupon be paid to the sheriff subject to, and to be distributed in accordance with the provisions of section fifteen, article five, chapter seven of this code.
W. Va. Code § 17C-13-7 — WV Code / Chapter 17C / Article 13 / Section 7
§17C-13-7. Signs on workers' and church buses; when lawful for such buses to stop on highways and streets.
Status: in_force

Any bus used primarily for the transportation of workers only and any bus operated by a church may bear upon the front and rear thereof a plainly visible sign, either painted or affixed on the body of the bus proper, or attached securely to the bus, containing the words "workers bus" or "church bus," respectively, in letters not less than eight inches in height. Any bus used primarily for the transportation of workers only and any bus operated by a church and bearing signs in that manner may lawfully stop upon the paved portion of any highway or street where there is no loading zone or pull-off adjacent to the highway or street to load or discharge persons: Provided, That such bus shall be equipped with warning lamps permitted under subsection (d), section nineteen, article fifteen of this chapter, and shall use such warning lamps when stopped on the highway or decreasing speed in order to stop, in order to warn the operators of other vehicles of a possible traffic hazard.
W. Va. Code § 6-9D-3 — WV Code / Chapter 6 / Article 9D / Section 3
§6-9D-3. Auditable Condition of Local Governments.
Status: in_force

Notwithstanding the powers and duties granted to the State Auditor in §6-6-1 et seq . the State Auditor or designee may determine that a local government’s accounts, records, files, or reports have not been maintained in accordance with §6-9-2 of this code. The State Auditor or designee shall notify the local government, in writing, of the deficiencies present and the action necessary to present the accounts, records, files, or reports in an auditable condition. Furthermore, the State Auditor or designee may prescribe the deadline for the local government in completing the necessary action and institute a fiscal monitoring plan to improve the local government’s financial records.
W. Va. Code § 5-10-22G — WV Code / Chapter 5 / Article 10 / Section 22G
§5-10-22g. One-time supplement for certain annuitants effective July 1, 2001.
Status: in_force

(a) A one-time supplement to retirement benefits shall be provided to retirees of this system who have: (i) Reached the specified age threshold; and (ii) have been in retirement status for the specified number of years, as follows:

(1) For retirees who, as of July 1, 2001, are at least sixty-five years of age and who have been an annuitant for at least five consecutive years, this one-time supplement shall equal five percent of his or her annuity benefit as of the effective date of this section;

(2) For retirees who, as of July 1, 2001, are at least seventy years of age and who have been an annuitant for at least five consecutive years, this one-time supplement shall equal ten percent of his or her annuity benefit as of the effective date of this section; and

(3) For any person who, as of July 1, 2001, is at least sixty-five years of age and who retired under the early retirement incentive provided in section twenty-two-c of this article, this one-time supplement shall equal three percent of his or her annuity benefit as of the effective date of this section and subdivisions (1) and (2) of this subsection do not apply.

(b) The one-time supplement provided for in this section applies only to members who have retired prior to or as of the effective date of this section or, if applicable, to beneficiaries receiving benefits under the retirement system prior to or as of the effective date of this section: 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 § 8-26-1 — WV Code / Chapter 8 / Article 26 / Section 1
§8-26-1. Creation of commission; state may be ex officio member.
Status: in_force

PART I. CREATION; ORGANIZATION AND FUNCTION.

Any municipality or county or any two or more municipalities or counties, or any combination thereof, may cooperate with the political subdivisions of other states bordering on this state for the purpose of creating, by an agreement, an interstate regional planning commission, whenever such political subdivisions comprise a region which would benefit from cooperative planning. The agreement entered into by the several political subdivisions shall specify the extent of the region included within the jurisdiction of the interstate regional planning commission; and shall fix the membership comprising the commission, the terms of office and method of appointment of the members thereof, the duration of the commission, the method for terminating the commission, the method of disposal of all property belonging to the commission, the distribution of the proceeds, and the apportionment of the costs of maintaining the planning commission to be borne respectively by the various political subdivisions included within the agreement, such apportionment to be based on the population of the various participating political subdivisions. Any such agreement shall be executed on behalf of any municipality by the governing body thereof and on behalf of a county by the county commission.

The state of West Virginia may be an ex officio member of any such interstate regional planning commission formed under the provisions of this article. The Governor or a representative designated by him shall represent the state in the deliberations of any interstate regional planning commission or its agencies or instrumentalities but this state shall not be a voting member of any interstate regional planning commission or any agency or instrumentality thereof.
W. Va. Code § 11-6N-3 — WV Code / Chapter 11 / Article 6N / Section 3
§11-6N-3. Returns of property of high impact data centers to Board of Public Works.
Status: in_force

(a) On or before May 1 in each year, a return in writing shall be filed with the Board of Public Works: By the owner or operator of any company holding data center property of a high impact data center or a microgrid power generator supplying microgrid power to a high impact data center.

(b) The words "owner or operator," as applied herein to high impact data centers, shall include any owner or operator of a high impact data center or microgrid power generator.

(c) The return shall be signed and sworn to by the owner or operator if a natural person, or, if the owner or operator shall be a corporation, shall be signed and sworn to by its president, vice president, secretary, or principal accounting officer.

(d) The return required by this section of every owner or operator shall cover the year ending on December 31, next preceding, and shall be made on forms prescribed by the Board of Public Works, which board is hereby invested with full power and authority and it is hereby made its duty to prescribe the forms required from any owner or operator herein mentioned information as in the judgment of the board may be of use to it in determining the true and actual value of the properties of the owners or operators.

(e) Except for the special rules for tax distribution provided in §11-6N-4 of this code, the provisions of this article are subject to the Assessment of Public Service Businesses, set forth in §11-6-1, et seq . of this code, as if the provisions thereof were set forth in extenso in this article.
W. Va. Code § 60A-11-4 — WV Code / Chapter 60A / Article 11 / Section 4
§60A-11-4. Law-enforcement responsibility.
Status: in_force

Any law-enforcement agency, upon locating chemicals, equipment, supplies or precursors indicative of a clandestine drug laboratory on residential property, shall notify the residential property owner and the department in a manner prescribed by the legislative rule authorized by this article.
W. Va. Code § 8-27-6 — WV Code / Chapter 8 / Article 27 / Section 6
§8-27-6. Compensation of members; expenses.
Status: in_force

As compensation for his services on the board each member shall receive from the authority the sum of $50 for each meeting actually attended. The total compensation paid to any member by the authority for any fiscal year shall not exceed in the aggregate the sum of $600. Each member shall also be reimbursed by the authority for all reasonable and necessary expenses actually incurred in the discharge of his duties as a member of the board.
W. Va. Code § 15-1E-98 — WV Code / Chapter 15 / Article 1E / Section 98
§15-1E-98. Noncompliance with procedural rules.
Status: in_force

Any person subject to this article who:

(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this article; or

(2) Knowingly and intentionally fails to enforce or comply with any provision of this article regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct.
W. Va. Code § 58-3-1A — WV Code / Chapter 58 / Article 3 / Section 1A
§58-3-1a. Procedures for appeals.
Status: in_force

Any interested person may appeal the final order of the county commission described by the provisions of subdivision (f), section one of this article to the circuit court as a matter of right by requesting the appeal within four months after the final order of the county commission is rendered. The appeal shall be determined by trial de novo. Upon receipt of the request for appeal, the clerk of the county commission shall collect the circuit court filing fee therefor and forward the same, together with the final order and the request, to the clerk of the circuit court. The court may require the clerk of the county commission to file with the circuit clerk all or any portion of the record of the proceedings which resulted in the final order. No bond may be required from any party to the appeal. The final order of the county commission shall be stayed pending the appeal proceedings. If, after the appeal is filed in the circuit court, the matter is not brought on for hearing before the end of the second term thereafter, the appeal shall be considered abandoned and shall be dismissed at the cost of the appellant unless sufficient cause is shown for a further continuance. Upon such dismissal, the final order of the county commission is affirmed. No appeal which has been so dismissed by the circuit court may be reinstated after the expiration of the next regular term following such dismissal.
W. Va. Code § 22-21-4 — WV Code / Chapter 22 / Article 21 / Section 4
§22-21-4. Chief; powers and duties generally.
Status: in_force

(a) The chief of the office of oil and gas shall have the duty of issuing permits and otherwise supervising the execution and enforcement of the provisions of this article, all subject to the review and approval of the director.

(b) The chief of the office of oil and gas is authorized to enact rules necessary to effectuate the purposes of this article, subject to the review and approval by the director.

(c) In addition to all other powers and duties conferred upon the chief, the chief shall have the power and duty to:

(1) Perform all duties which are expressly imposed upon him by the provisions of this article, as well as duties assigned to him or her by the director;

(2) Perform all duties as the permit issuing authority for the state in all matters pertaining to the exploration, development, production and recovery of coalbed methane in accordance with the provisions of this article;

(3) Perform such acts as may be necessary or appropriate to secure to this state the benefits of federal legislation by establishing programs relating to the exploration, development, production and recovery of coalbed methane, which programs are assumable by the state;

(4) Visit and inspect any coalbed methane well or well site and call for the assistance of any oil and gas inspectors or other employees of the office of oil and gas in the enforcement of the provisions of this article;

(5) Collect the permit application fee for the drilling of a coalbed methane well;

(6) Collect the permit application fee for a drilling unit.
W. Va. Code § 6-9C-1 — WV Code / Chapter 6 / Article 9C / Section 1
§6-9C-1. Short title.
Status: in_force

This article may be cited as the Public Meetings During Emergencies Act.
W. Va. Code § 19-20A-1 — WV Code / Chapter 19 / Article 20A / Section 1
§19-20A-1. Purpose and policy.
Status: in_force

The purpose of this article is to establish a rabies vaccination procedure for dogs and cats and to check the spread of rabies for the immediate preservation of life, health and safety for the reason that rabies is spreading among dogs and cats, and becoming a menace and danger to people, livestock, poultry and game, and the provisions herein are designated to prevent the spread of rabies.
W. Va. Code § 30-7A-3 — WV Code / Chapter 30 / Article 7A / Section 3
§30-7A-3. Qualifications of applicants for license.
Status: in_force

Except as otherwise provided in section six of this article, any person desiring to obtain a license to practice practical nursing shall submit to the board satisfactory evidence that he or she: (a) Is of good moral character; (b) has acquired at least a tenth grade education or its equivalent; (c) has completed a course of study in an accredited school for practical nurses as defined by the board and holds a diploma therefrom; and (d) has completed such other general educational requirements as may be prescribed by the board.