FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 48-16-604 — WV Code / Chapter 48 / Article 16 / Section 604
§48-16-604. Choice of law.
Status: in_force

(a) Except as otherwise provided in subsection (d) of this section, the law of the issuing state or foreign country governs:

(1) The nature, extent, amount and duration of current payments under a registered support order;

(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) The existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.

(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.

(d) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.
W. Va. Code § 46A-6E-7 — WV Code / Chapter 46A / Article 6E / Section 7
§46A-6E-7. Limitations; waiver of rights; action for damages; punitive damages.
Status: in_force

(a) This section does not limit rights or remedies available to a consumer under any other law.

(b) Any waiver by a consumer of rights under this article is void.

(c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court determines appropriate.
W. Va. Code § 22-21-18 — WV Code / Chapter 22 / Article 21 / Section 18
§22-21-18. Operation on drilling units.
Status: in_force

All operations including, but not limited to, the commencement, drilling or operation of a well upon a drilling unit for which a pooling order has been entered, are hereby deemed to be operations on each separately owned tract in the drilling unit by the several owners. That portion of the production allocated to a separately owned tract included in a drilling unit is hereby deemed to be produced from that tract.
W. Va. Code § 9-5-27 — WV Code / Chapter 9 / Article 5 / Section 27
§9-5-27. Transitioning foster care into managed care.
Status: in_force

(a) “Eligible services” means acute care, including medical, pharmacy, dental, and behavioral health services.

(b) The secretary shall transition to a capitated Medicaid program for a child classified as a foster child and a child placed in foster care under Title IV-E of the Social Security Act who is living in the state by January 1, 2020. The program shall be statewide, fully integrated, and risk based; shall integrate Medicaid-reimbursed eligible services; and shall align incentives to ensure the appropriate care is delivered in the most appropriate place and time.

(c) The secretary shall make payments for the eligible services, including home and community-based services, using a managed care model.

(d) The secretary shall submit, if necessary, applications to the United States Department of Health and Human Services for waivers of federal Medicaid requirements that would otherwise be violated in the implementation of the program and shall consolidate any additional waivers where appropriate: Provided , That this subsection does not apply to the Aged and Disabled Waiver, the Intellectual/Developmental Disabilities Waiver, and the Traumatic Brain Injury Waiver.

(e) If a selected managed care organization ceases to contract to provide Medicaid managed care services, it must provide all patient records, including medical records, to the next selected managed care organization to ensure the Eligible Medicaid Beneficiaries do not experience an interruption in care.

(f) In designing the program, the secretary shall ensure that the program:

(1) Reduces fragmentation and offers a seamless approach to meeting participants’ needs;

(2) Delivers needed supports and services in the most integrated, appropriate, and cost-effective way possible;

(3) Offers a continuum of acute care services, which includes an array of home and community-based options; and

(4) Includes a comprehensive quality approach across the entire continuum of care services;

(g) An employee of the department who, as a function of that employment, has engaged in the development of any contract developed pursuant to the requirements of this section may not for a period of two years thereafter be employed by any agency or company that has benefitted or stands to benefit directly from a contract between the department and that agency or company.

(h) Any managed care company selected as the managed care contractor pursuant to the provisions of this article shall have at least 80 percent of the total full-time equivalent positions allocated to manage care of foster children in West Virginia according to the contract must have a primary workplace in the state of West Virginia.
W. Va. Code § 63-1-4 — WV Code / Chapter 63 / Article 1 / Section 4
§63-1-4. Effect of repeal on persons in office, and on practitioners of professions and occupations.
Status: repealed

All persons who, at the time such repeal takes effect, shall hold any office under any of the acts hereby repealed, shall continue to hold the same according to the tenure thereof, except those offices which may have been abolished, and those as to which a different provision is made by this code. Nor shall any person who has been duly licensed or registered to practice any profession or engage in any occupation before this code takes effect be required to submit to further examination or take out a new license or registration to practice such profession or engage in such occupation under the provisions of this code, except where the periodic renewal of such license or registration is required hereunder and then only to the extent so required.
W. Va. Code § 30-3-11C — WV Code / Chapter 30 / Article 3 / Section 11C
§30-3-11c. Administrative medicine license.
Status: in_force

(a) For purposes of this section:

(1) “Administrative medicine” means administration or management related to the practice of medicine or to the delivery of health care services using the medical knowledge, skill, and judgment of a licensed physician that may affect the health of the public or medical research, excluding clinical trials on humans. Administrative medicine does not include the authority to practice clinical medicine; examine, care for, or treat patients; prescribe medications, including controlled substances; or direct or delegate medical acts or prescriptive authority to others.

(2) “Administrative medicine license” means a medical license restricted to the practice of administrative medicine. A physician with an administrative medicine license may manage the integration of clinical medicine, strategy, operations, and other business activities related to the delivery of health care services, advise organizations, both public and private, on health care matters; authorize and deny financial payments for care; organize and direct research programs; review care provided for quality; and perform other similar duties that do not require or involve direct patient care.

(3) “Clinical medicine” includes, but is not limited to:

(A) Direct involvement in patient evaluation, diagnosis, and treatment;

(B) Prescribing, administering, or dispensing any medication;

(C) Delegating medical acts, service, or prescriptive authority; and

(D) Supervision of physicians and/or podiatric physicians who practice clinical medicine, physician assistants who render medical services in collaboration with physicians, or the clinical practice of any other medical professional.

(b) The board may issue an administrative medicine license to a physician who:

(1) Files a complete application;

(2) Pays the applicable fee;

(3) Meets all qualifications and criteria for licensure set forth in §30-3-10 of this code and the board’s legislative rules; and

(4) Demonstrates competency to practice administrative medicine.

(c) Administrative medicine licensees may not practice clinical medicine.

(d) A physician applying to renew an administrative medicine license must pay the same fees and meet the same requirements for renewing an active status license, including submission of certification of participation in and successful completion of a minimum of 50 hours of continuing medical education satisfactory to the board during the preceding two-year period.

(e) The board may deny an application for an administrative medicine and may discipline an administrative medicine licensee who, after a hearing, has been adjudged by the board as unqualified due to any reason set forth in §30-3-14 of this code or the board’s rules and pursuant to the processes set forth therein.

(f) The board shall propose emergency rules pursuant to the provisions of §29A-3-1 et seq . of this code to implement the provisions of this section.
W. Va. Code § 46B-2-4 — WV Code / Chapter 46B / Article 2 / Section 4
§46B-2-4. Implied warranty of merchantability.
Status: in_force

(a) A warranty that the consumer goods will be merchantable is implied in every contract for the rental of consumer goods if the dealer is a merchant with respect to consumer goods of that kind.

(b) Consumer goods to be merchantable must be at least such as:

(1) Pass without objection in the trade under the description in the rental agreement;

(2) Are fit for the ordinary purposes for which consumer goods of that type are used; and

(3) Conform to any promises or affirmations of fact made on the container or label.

(c) Other implied warranties may arise from course of dealing or usage of trade.
W. Va. Code § 33-4-3 — WV Code / Chapter 33 / Article 4 / Section 3
§33-4-3. Expiration of existing licenses.
Status: repealed

The expiration dates of licenses in force immediately prior to the effective date of this chapter, and lawfully existing under any law repealed by this chapter, are hereby extended to midnight, March thirty-first next succeeding such effective date, at which time they shall expire. Any such license may be renewed, suspended or revoked as though originally issued under this chapter.
W. Va. Code § 8-29-1 — WV Code / Chapter 8 / Article 29 / Section 1
§8-29-1. Airport authorities authorized; definitions.
Status: in_force

(a) Any two or more municipalities, any two or more contiguous counties, or any county or two or more contiguous counties and one or more municipalities located therein or partly therein, of this state, are hereby authorized to create and establish one or more authorities for the purpose of acquiring, establishing, constructing, equipping, improving, financing, maintaining, and operating a regional airport or international airport and ancillary airports, as the case may be, for the use of aircraft: Provided , That no such municipality or county shall participate in such authority unless and until the governing body or county court so provides.

(b) As used in this article, the following terms have the following meanings:

(1) “Abandoned aircraft” means either:

(A) An aircraft left in a wrecked, inoperative, or partially dismantled condition on an airport for 45 consecutive calendar days and without a contractual agreement in force between the owner or operator of the aircraft and the airport authority for use of the airport premises; or

(B) An aircraft that has remained in an idle state on an airport for 45 consecutive calendar days without a contractual agreement between the owner or operator of the aircraft and the airport authority for use of the airport premises;

(2) “Aircraft” has the meaning provided in §29-2A-1 of this code;

(3) “Airport” means any airport, heliport, helistop, vertiport, gliderport, seaplane base, ultralight flightpark, manned balloon launching facility, or other aircraft landing or takeoff area operated by an airport operator as that term is defined in §8-29B-2(3);

(4) “Ancillary airport” means any airport, heliport, helistop, vertiport, gliderport, seaplane base, ultralight flightpark, manned balloon launching facility, or other aircraft landing or takeoff area that is owned and operated or operated by agreement by another authority as defined in §8-29-1 of this code;

(5) “Authority” means a regional airport authority created pursuant to the provisions of this article;

(6) “Contiguous counties” means two or more counties which constitute a compact territorial unit within an unbroken boundary wherein one county touches at least one other county but does not require that each county touch all of the other counties so combining; and

(7) “Derelict aircraft” means any aircraft that is not in a flyable condition, does not have a current certificate of air worthiness issued by the federal aviation administration, and whose owner cannot produce satisfactory written documentation from a licensed third-party aircraft mechanic evidencing that they have been hired to actively and fully repair the aircraft to both an airworthy and properly registered condition within six calendar months from the date notice is given to the owner.
W. Va. Code § 33-10-4B — WV Code / Chapter 33 / Article 10 / Section 4B
§33-10-4b. Return of summons and summary hearing.
Status: in_force

(a) The court shall hold a summary hearing at the time and date for the return of summons.

(b) If a person is not served with the petition and summons and fails to appear for the summary hearing, the court shall:

(1) Continue the summary hearing not more than ten days;

(2) Require the commissioner to make additional or alternative attempts at service of the petition and summons upon the person; and

(3) Extend any restraining order.

(c) Upon a showing of good faith efforts to effect service upon a person who has failed to appear for a continued summary hearing, the court shall order notice of the petition to be published. The order and notice shall specify a return date not less than ten nor more than twenty days after the publication and that the restraining order has been extended to the continued hearing date.

(d) If a person fails to appear for a summary hearing after service of the summons, the court shall enter judgment in favor of the commissioner against that person.

(e) A person who appears for the summary hearing shall file its answer at the hearing and the court shall:

(1) Determine whether to extend any temporary restraining orders pending final judgment; and

(2) Set the case for trial on a date not more than ten days from the summary hearing.

(f) The court shall grant no continuance for filing an answer.
W. Va. Code § 17A-2-5 — WV Code / Chapter 17A / Article 2 / Section 5
§17A-2-5. Commissioner of motor vehicles -- Oath and bond.
Status: in_force

The commissioner before entering upon the duties of his office shall take and subscribe to the oath prescribed by the Constitution. He shall also execute a bond in the penalty of $25,000, conditioned according to law, and approved by the Governor. The cost of such bond shall be borne by the department as a part of the operating cost of the department. The bond and the oath shall be filed with the Secretary of State.
W. Va. Code § 33-25-21 — WV Code / Chapter 33 / Article 25 / Section 21
§33-25-21. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.
Status: in_force

The commissioner may as he deems necessary after notice and hearing promulgate rules and regulations in accordance with chapter twenty-nine-a of this code to define the commissioner's authority to consider the operating results of an insurer's affiliates and subsidiaries in in the rate making and solvency determination of that insurer.
W. Va. Code § 5A-8-8 — WV Code / Chapter 5A / Article 8 / Section 8
§5A-8-8. Rules and regulations.
Status: in_force

The administrator shall promulgate such rules and regulations concerning the management and selection and preservation of essential state records as are necessary or proper to effectuate the purpose of this article.
W. Va. Code § 47B-11-3 — WV Code / Chapter 47B / Article 11 / Section 3
§47B-11-3. Severability clause.
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
W. Va. Code § 29-22A-18 — WV Code / Chapter 29 / Article 22A / Section 18
§29-22A-18. Severability.
Status: in_force

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are declared to be severable.
W. Va. Code § 29-6-14 — WV Code / Chapter 29 / Article 6 / Section 14
§29-6-14. Certification of payrolls; wrongfully withholding certification of payroll.
Status: in_force

(a) No state disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in the classified service unless the payroll voucher or account of such pay bears the certification of the director, or of his authorized agent, that the persons named therein have been appointed and employed in accordance with the provisions of this article and the rules, regulations and orders thereunder. The director may for proper cause withhold certification from an entire payroll or from any specific item or items thereon. The director may, however, provide that certification of payrolls may be made once every six months, and such certification shall remain in effect except in the case of any officer or employee whose status has changed after the last certification of his payroll. In the latter case no voucher for payment of salary to such employee shall be issued or payment of salary made without further certification by the director.

(b) If the director wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain a proceeding in the courts to compel the director to certify such payroll voucher or account.
W. Va. Code § 61-11-15 — WV Code / Chapter 61 / Article 11 / Section 15
§61-11-15. Modes of conviction of felony.
Status: in_force

No person shall be convicted of felony, unless by his confession in court, or by his plea or demurrer, or by the verdict of a jury accepted and recorded by the court.
W. Va. Code § 9-2-3A — WV Code / Chapter 9 / Article 2 / Section 3A
§9-2-3a. Authorized exemption from federal law; exceptions.
Status: in_force

Pursuant to the authority and option granted by 21 U.S.C. §862a(d)(1)(A) to the states, West Virginia exempts all individuals domiciled within the state from the application of 21 U.S.C. §862a(a)(2) unless the offense of conviction has as an element thereof misuse of supplemental nutrition assistance program benefits, loss of life, or the causing of physical injury.
W. Va. Code § 30-2-7 — WV Code / Chapter 30 / Article 2 / Section 7
§30-2-7. Suspension or annulment of license for malpractice; appeal.
Status: in_force

If the Supreme Court of Appeals or any court of record of this state, except the county court, observe any malpractice therein by any attorney, or if complaint, verified by affidavit, be made to any such court of malpractice by any attorney therein, such court shall order the attorney to be summoned to show cause why his license shall not be suspended or annulled. A summons shall thereupon be issued by the clerk of such court containing a copy of the charges and requiring the attorney to appear and answer the same on a day to be named therein, which summons may be served in the same manner as a summons commencing an action may be served, and the service shall be made at least five days before the return day thereof. Upon the return of the summons executed, if the attorney appear and deny the charge of malpractice, the court shall, without a jury, try the same. If the attorney be found guilty by the court, or if he fail to appear and deny the charge, the court may either suspend or annul the license of such attorney as in its judgment shall seem right.

Whenever a judgment or decree shall be standing or rendered in any of said courts against an attorney for money collected by him as such, it shall be the duty of such court to suspend the license of such attorney until such judgment or decree shall be satisfied.

An appeal shall lie from any court of record of limited jurisdiction established under the provisions of section 19 of article VIII of the Constitution of this state, to the circuit court of the county, and from any circuit court to the Supreme Court of Appeals of the state, from any order suspending or annulling the license of any attorney proceeded against under the provisions of this section.
W. Va. Code § 17C-15-39 — WV Code / Chapter 17C / Article 15 / Section 39
§17C-15-39. Flares and other warning devices to be carried in certain vehicles.
Status: in_force

(a) No person shall operate any motor truck, passenger bus, road tractor or truck tractor upon any highway outside the corporate limits of municipalities at any time from a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicle the following equipment except as provided in subsection (b):

(1) At least three flares or three red electric lanterns each of which shall be capable of being seen and distinguished at a distance of five hundred feet under normal atmospheric conditions at nighttime.

Each flare (liquid-burning pot torch) shall be capable of burning for not less than twelve hours in five miles per hour wind velocity and capable of burning in any air velocity from zero to forty miles per hour. Every such flare shall be substantially constructed so as to withstand reasonable shocks without leaking. Every such flare shall be carried in the vehicle in a metal rack or box. Every such red electric lantern shall be capable of operating continuously for not less than twelve hours and shall be substantially constructed so as to withstand reasonable shock without breakage.

(2) At least three red-burning fusees unless red electric lanterns are carried.

Every fusee shall be made in accordance with specifications of the Bureau of Explosives, Thirty Vesey Street, New York City, and so marked and shall be capable of burning at least fifteen minutes.

(3) At least two red cloth flags, not less than twelve inches square, with standards to support same.

(b) No person shall operate at the time and under the conditions stated in subsection (a) any motor vehicle used in the transportation of flammable liquids in bulk, or transporting compressed flammable gases, unless there shall be carried in such vehicle three red electric lanterns meeting the requirements above stated, and there shall not be carried in any said vehicle any flares, fusees, or signal produced by a flame.

(c) As an alternative it shall be deemed a compliance with this section in the event a person operating any motor vehicle described in this section shall carry in such vehicle three portable reflector units on standards of a type approved by the state road commissioner. No portable reflector unit shall be approved unless it is so designed and constructed as to include two reflectors, one above the other, each of which shall be capable of reflecting red light clearly visible from all distances within five hundred feet to fifty feet under normal atmospheric conditions at nighttime when directly in front of lawful upper beams of head lamps.