FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 20-2D-3 — WV Code / Chapter 20 / Article 2D / Section 3
§20-2D-3. Wildlife rehabilitation.
Status: in_force

(a) No person may keep, hold, or possess in captivity any orphaned, sick, or injured wildlife without receiving a wildlife rehabilitation permit issued by the director. Except, holders of a United States Fish and Wildlife Service Wildlife Rehabilitation Permit to rehabilitate migratory birds may rehabilitate migratory birds in accordance with the Federal permit and a veterinarian with an active West Virginia veterinary medicine license may provide emergency veterinary care for wildlife. Persons who have been issued a permit by the director to conduct wildlife rehabilitation may be authorized to receive, temporarily confine, provide veterinary care for, release, and humanely dispatch native wildlife in this state provided that the methods of and documentation for such activities shall be in accordance with all permit conditions.

(b) Any person may capture and transport orphaned, injured, or sick wildlife without unnecessary delay directly to a permitted Wildlife Rehabilitator or a veterinarian licensed in this state, but only after contacting the individual or entity to which the wildlife is to be transferred and confirming that the wildlife will be accepted. Prior to transport, no care may be provided to the wildlife unless directed by a permitted Wildlife Rehabilitator.

(c) Rehabilitated native wildlife that recover and are not permanently impaired shall be returned ot the wild, and preferably returned to the location where found. Prior to release, consent must be obtained from a landowner for wildlife released on private property, or a government administrator for wildlife released on city, county or state property.

(d) The director may restrict the rehabilitation of certain species of wildlife, either statewide or in certain geographic areas, as needed, due to disease, overpopulation, or other limiting factors.

(e) The director may limit the total number of permits which allow a person to rehabilitate wildlife that are issued in certain geographic areas of the state, if in the best interest of the wildlife resource, or if necessary to provide the most efficient management of the permitting process by the division.

(f) The director shall have the authority to promulgate emergency legislative rules and legislative rules pursuant to §29A-3-1 et seq . of this code providing for the wildlife rehabilitation application process, application fee, permit eligibility requirements, permit renewal requirements, permit revocation requirements, wildlife housing and facilities requirements, record keeping requirements, and any other provision necessary in implementing and administering this article.
W. Va. Code § 17-2A-7 — WV Code / Chapter 17 / Article 2A / Section 7
§17-2A-7. Legal assistance.
Status: in_force

(a) Except as provided in subsection (b) of this section, the commissioner shall utilize the Attorney General for all legal assistance and services as provided by law.

(b) The commissioner may:

(1) Employ a competent legal staff adequate for the ordinary legal services required by him or her and shall provide therefor such quarters, equipment, facilities, services and stenographic and other personnel as may be necessary: Provided, That for purposes of this subdivision, “ordinary legal services” does not include the retention or hiring of outside legal counsel; and

(2) Employ such additional legal counsel as he or she deems necessary upon a reasonable fee basis to perform legal services in acquiring, by right of eminent domain or otherwise, property, or an estate, right or interest therein.
W. Va. Code § 12-6C-17 — WV Code / Chapter 12 / Article 6C / Section 17
§12-6C-17. Legal status of spending units continued.
Status: in_force

Except as otherwise provided in this article, every state spending unit shall retain all of the powers and shall exercise all of the functions and duties vested in or imposed upon it by law, as to any fund or account.
W. Va. Code § 46-8-304 — WV Code / Chapter 46 / Article 8 / Section 304
§46-8-304. Indorsement.
Status: in_force

(a) An indorsement may be in blank or special. An indorsement in blank includes an indorsement to bearer. A special indorsement specifies to whom a security is to be transferred or who has power to transfer it. A holder may convert a blank indorsement to a special indorsement.

(b) An indorsement purporting to be only of part of a security certificate representing units intended by the issuer to be separately transferable is effective to the extent of the indorsement.

(c) An indorsement, whether special or in blank, does not constitute a transfer until delivery of the certificate on which it appears or, if the indorsement is on a separate document, until delivery of both the document and the certificate.

(d) If a security certificate in registered form has been delivered to a purchaser without a necessary indorsement, the purchaser may become a protected purchaser only when the indorsement is supplied. However, against a transferor, a transfer is complete upon delivery and the purchaser has a specifically enforceable right to have any necessary indorsement supplied.

(e) An indorsement of a security certificate in bearer form may give notice of an adverse claim to the certificate, but it does not otherwise affect a right to registration that the holder possesses.

(f) Unless otherwise agreed, a person making an indorsement assumes only the obligations provided in section 8-108 and not an obligation that the security will be honored by the issuer.
W. Va. Code § 5B-13-3 — WV Code / Chapter 5B / Article 13 / Section 3
§5B-13-3. Definitions.
Status: in_force

As used in this article:

"Extraction" means the mining, removal, production, or recovery of a strategic and critical resource by a person lawfully entitled to do so;

"Strategic and critical resource" means any of the following items, to the extent intended to be or actually extracted, mined, withdrawn, removed, harvested, or produced from within or upon land, including, but not limited to:

(1) Aluminum, aluminum oxide fused crude, antimony, arsenic, barite, beryllium, beryl ore, bismuth, boron, cadmium, cerium, cesium, chromium, cobalt, copper, dysprosium, erbium, europium, ferrochromium, ferromanganese, fluorine, fluorspar, gadolinium, gallium, germanium, graphite, hafnium, holmium, indium, iridium, lanthanum, lead, lithium, lutetium, magnesium, manganese, mercury, molybdenum, neodymium, nickel, niobium, palladium, phosphate, platinum, potash, praseodymium, rhenium, rhodium, rubber (natural), rubidium, ruthenium, samarium, scandium, selenium, silicon, silver, strontium, tantalum, tellurium, terbium, thulium, tin, titanium, tungsten, uranium, vanadium, ytterbium, yttrium, zinc, and zirconium;

(2) Any other mineral, element, compound, substance, or material listed on, or designated after, January 1, 2025, pursuant to:

(A) The U.S. Defense Logistics Agency Strategic Materials List;

(B) The U.S. Department of Energy Critical Materials List;

(C) The Defense Production Act of 1950 (50 U.S.C. § 4501 et seq .);

(D) The Energy Act of 2020 (30 U.S.C. § 1606); or

(E) U.S. Geological Survey List of Critical Minerals.

(3) Any other mineral, element, compound, substance, or material with respect to which the President of the United States makes a presidential determination or executive order after January 1, 2025, specifying that item as essential to the national defense pursuant to Section 303(a)(5) of the federal Defense Production Act of 1950, as amended (50 U.S.C. § 4533(a)(5)); and

(4) Any host material from which a strategic or critical resource is intended to be economically recovered as a byproduct; and

"Strategic and critical resource facility" means land, structures, equipment, or infrastructure reasonably necessary for the extraction or processing of a strategic and critical resource.
W. Va. Code § 30-34-15 — WV Code / Chapter 30 / Article 34 / Section 15
§30-34-15. Exceptions.
Status: in_force

(a) A person may not practice respiratory care or represent himself or herself to be a respiratory care practitioner unless he or she is licensed under this article except as otherwise provided by this article.

(b) This article does not prohibit:

(1) The practice of respiratory care which is an integral part of the program of study by students enrolled in respiratory care education programs accredited by organizations approved by the board. Students enrolled in respiratory care education programs shall be identified as "student RCP" and may only provide respiratory care under clinical supervision;

(2) Self-care by a patient, or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner;

(3) Respiratory care services rendered in the course of an emergency;

(4) Persons in the military services or working in federal facilities providing respiratory care services when functioning in the course of their assigned duties; or

(5) The respiratory care practitioner from performing advances in the art and techniques of respiratory care learned through formalized or specialized training approved by the board.

(c) Nothing in this article is intended to limit, preclude or otherwise interfere with the practices of other persons and health care providers licensed by appropriate agencies of the state.

(d) Nothing in this article prohibits home medical equipment dealers from delivering and instructing persons in the operation of home medical respiratory equipment, or from receiving requests for changes in equipment and settings from physicians or other authorized individuals.

(e) An individual who passes an examination or successfully completes training that includes content in one or more of the functions included in this article is not prohibited from performing those procedures for which he or she was tested, so long as the testing body offering the examination or training is approved by the board.
W. Va. Code § 21A-7-8 — WV Code / Chapter 21A / Article 7 / Section 8
§21A-7-8. Appeal from deputy's decision.
Status: in_force

A claimant, last employer or other interested party, may file an appeal from the decision of the deputy within eight calendar days after notice of the decision has been delivered or mailed to the claimant and last employer as provided in section four of this article. The period within which an appeal from the decision of the deputy may be filed shall be stated in such notice. The decision of the deputy shall be final and benefits shall be paid or denied in accordance therewith unless an appeal is filed within such time.

Upon appeal from the determination of a deputy, an individual shall be entitled to a fair hearing and reasonable opportunity to be heard before an appeal tribunal as provided in section seven of this article.

Within eight days after receipt by the board of notice of appeal from the decision of a deputy, the board shall fix the time and place for hearing such appeal, and notify the claimant, last employer, and the commissioner, ten days in advance of the date set for hearing.

Upon consideration of all evidence the appeal tribunal shall make a decision within twenty-one days after the date of the hearing and shall notify the claimant, last employer, and the commissioner of its findings and decision.
W. Va. Code § 31A-2B-4 — WV Code / Chapter 31A / Article 2B / Section 4
§31A-2B-4. Protected financial information.
Status: in_force

A financial institution is prohibited from disclosing a customer’s protected financial information to a government entity and a government entity is prohibited from accessing or obtaining said information unless:

(1) Disclosure is expressly permitted by §31A-2A-4 of this code and the protected financial information is not singled out, segregated, or disclosed based on the assignment of a firearms code;

(2) Disclosure is made pursuant to a valid warrant issued in a criminal investigation, stating the grounds or probable cause for its issuance, and otherwise meeting the requirements of §62-1A-3 of this code;

(3) The customer has provided written authorization for disclosure, according to the requirements of §31A-2B-5 of this code;

(4) Disclosure is made pursuant to a subpoena meeting the requirements of §31A-2A-5 and §31A-2B-6 of this code or to a grand jury subpoena meeting the requirements of §31A-2A-6 of this code; or

(5) The financial institution discloses only the following information:

(A) That the financial institution is not in possession of the protected financial information; and

(B) The identity of the entity that is in possession of the requested protected financial information.
W. Va. Code § 47-11B-6 — WV Code / Chapter 47 / Article 11B / Section 6
§47-11B-6. Duration of sale; license fee.
Status: in_force

A license to conduct a sale issued pursuant to this article shall be good for no more than a period of thirty consecutive calendar days and may be renewed for one consecutive period not exceeding thirty consecutive calendar days upon the affidavit of the applicant that the goods listed in the inventory have not been disposed of and that no new goods have been or will be added to the inventory previously filed pursuant to this article by purchase, acquisition on consignment, or otherwise. The application for renewal shall be made not more than ten days prior to the time of the expiration of the license and shall contain a new inventory of the goods remaining on hand at the time the application for renewal is made which new inventory shall be prepared and furnished in the same manner and form as the original inventory. The commissioner shall receive from the applicant for such license, upon the granting thereof, a fee of $50 and upon the renewal thereof a fee of $100. The applicant shall not be entitled to a refund of the fee paid if said application is refused, denied or revoked.
W. Va. Code § 18B-8-6 — WV Code / Chapter 18B / Article 8 / Section 6
§18B-8-6. Faculty employment practices; campus administrators required to teach or perform research.
Status: in_force

Each governing board, with the advice and assistance of the faculty senate, shall promulgate and adopt a rule in accordance with section six, article one of this chapter addressing the following issues:

(a) Defining an appropriate balance between full-time and adjunct faculty members and the appropriate role of adjunct faculty; and

(b) Requiring each administrator on each campus who holds faculty rank to teach at least one course during each eighteen-month employment period or to perform on-going research in lieu of teaching.
W. Va. Code § 29-22A-12 — WV Code / Chapter 29 / Article 22A / Section 12
§29-22A-12. Number and location of video lottery terminals security.
Status: in_force

(a) A racetrack which has been licensed to conduct video lottery games has the right to install and operate up to four hundred video lottery terminals at a licensed racetrack. A licensed racetrack may apply to the commission for authorization to install and operate more than four hundred video lottery terminals. If the commission determines that the installation of additional machines is in the best interest of the licensed racetrack, the Lottery Commission and the citizens of this state, the commission may grant permission to install and operate additional machines.

(b) All video lottery terminals in licensed racetracks shall be physically located as follows:

(1) The video lottery location shall be continuously monitored through the use of a closed circuit television system capable of recording activity for a continuous 24-hour period. All video tapes shall be retained for a period of at least thirty days;

(2) Access to video lottery terminal locations shall be restricted to persons legally entitled by age to play video lottery games;

(3) The licensed racetrack shall submit for commission approval a floor plan of the area or areas where video lottery terminals are to be operated showing terminal locations and security camera mount locations;

(4) No video lottery terminal may be relocated without prior approval from the commission; and

(5) Operational video lottery terminals may only be located in the building or structure in which the grandstand area of the racetrack is located and in the area of the building or structure where pari-mutuel wagering is permitted under the provisions of article twenty-three, chapter nineteen of this code: Provided, That if the commission, before November 1, 1993, has authorized any racetrack to operate video lottery terminals and offer video lottery games in a location which would not conform to the requirements of this subdivision, the racetrack may continue to use video lottery terminals registered with and approved by the commission at that nonconforming location and to offer the games and any variations or composites of the games as may be approved by the commission.

(c) A licensee shall allow video lottery games to be played only on days when live racing is being conducted at the racetrack and/or on televised racing days: Provided, That this restriction shall not apply to any racetrack authorized by the commissioner prior to November 1, 1993, to operate video lottery terminals and conduct video lottery games.

(d) Security personnel shall be present during all hours of operation at each video lottery terminal location. Each license holder shall employ the number of security personnel the commission determines is necessary to provide for safe and approved operation of the video lottery facilities and the safety and well-being of the players.
W. Va. Code § 22C-8-15 — WV Code / Chapter 22C / Article 8 / Section 15
§22C-8-15. Validity of unit agreements.
Status: in_force

No agreement between or among gas operators, lessees or other owners of gas rights in gas properties, entered into pursuant to the provisions of this article or with a view to or for the purpose of bringing about the unitized development or operation of such properties, shall be held to violate the statutory or common law of this state prohibiting monopolies or acts, arrangements, contracts, combinations or conspiracies in restraint of trade or commerce.
W. Va. Code § 22-29-1 — WV Code / Chapter 22 / Article 29 / Section 1
§22-29-1. Short title and effective date.
Status: in_force

This article is called the Green Buildings Act and is effective July 1, 2012.
W. Va. Code § 15-1E-36 — WV Code / Chapter 15 / Article 1E / Section 36
§15-1E-36. Governor or the Adjutant General may prescribe rules.
Status: in_force

PART VII. TRIAL PROCEDURE.

Pretrial, trial, and post-trial procedures, including modes of proof, for courts-martial cases arising under this article, and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by regulations, or as otherwise provided by law, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the Armed Forces but which may not be contrary to or inconsistent with this article.
W. Va. Code § 5D-1-19 — WV Code / Chapter 5D / Article 1 / Section 19
§5D-1-19. Financial interest in contracts prohibited; penalty.
Status: in_force

No officer, member or employee of the authority shall be financially interested, directly or indirectly, in any contract of any person with the authority, or in the sale of any property, real or personal, to or from the authority. This section does not apply to contracts or purchases of property, real or personal, between the authority and any governmental agency. If any officer, member or employee of the authority has such financial interest in a contract or sale of property prohibited hereby, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned in the county jail not more than one year, or both fined and imprisoned.
W. Va. Code § 18A-4-5A — WV Code / Chapter 18A / Article 4 / Section 5A
§18A-4-5a. County salary supplements for teachers.
Status: in_force

(a) County boards of education in fixing the salaries of teachers shall use at least the state minimum salaries established under the provisions of this article. The board may establish salary schedules which shall be in excess of the state minimums fixed by this article, such county schedules to be uniform throughout the county as to the classification of training, experience, responsibility and other requirements subject to the following:

(1) Counties may fix higher salaries for teachers placed in special instructional assignments, for those assigned to or employed for duties other than regular instructional duties, and for teachers of one-teacher schools;

(2) Counties may provide additional compensation for any teacher assigned duties in addition to the teacher’s regular instructional duties wherein such noninstructional duties are not a part of the scheduled hours of the regular school day;

(3) Counties may provide additional compensation for teachers who are assigned and fully certified to teach in a subject area in which the county board finds it has a critical need and shortage of fully certified teachers;

(4) Counties may provide additional compensation or other financial assistance to teachers who teach in schools that are in remote geographical locations or have experienced high rates of turnover in experienced teachers; and

(5) Counties may provide additional compensation to teachers who, in addition to regularly assigned teaching duties, are assigned as a master teacher, mentor, academic coach, or other title whose duties include providing strong school-based support and supervision to assist licensure candidates in a clinical internship, beginning teachers, and other teachers at the school to improve their professional practice as set forth in the county’s comprehensive system of support for teacher and leader induction and professional growth provided for in section §18A-3C-3 of this code.

(b) In establishing such local salary schedules authorized in subsection (a) of this section, a county may not reduce local funds allocated for salaries in effect on January 1, 1990, and used in supplementing the state minimum salaries as provided for in this article, unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making such reduction.

(c) Counties may provide, in a uniform manner, benefits for teachers which require an appropriation from local funds including, but not limited to, dental, optical, health and income protection insurance, vacation time and retirement plans excluding the State Teachers Retirement System. Nothing herein shall prohibit the maintenance nor result in the reduction of any benefits in effect on January 1, 1984, by any county board of education.
W. Va. Code § 48-1-232 — WV Code / Chapter 48 / Article 1 / Section 232
§48-1-232. Legal parent defined.
Status: in_force

"Legal parent" means an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized grounds.
W. Va. Code § 16-5V-36 — WV Code / Chapter 16 / Article 5V / Section 36
§16-5V-36. Severability.
Status: in_force

If any part of this article is declared unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article in it entirety.