FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 46-2-715 — WV Code / Chapter 46 / Article 2 / Section 715
§46-2-715. Buyer's incidental and consequential damages.
Status: in_force

(1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach include

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) injury to person or property approximately resulting from any breach of warranty.
W. Va. Code § 12-4-2 — WV Code / Chapter 12 / Article 4 / Section 2
§12-4-2. Accounts of Treasurer and Auditor; Auditor to certify condition of revenues and funds of the state.
Status: in_force

The Treasurer shall keep in his or her office separate accounts with each depository, and also a summary account for the state, and when money is paid into the treasury, it shall be charged to the proper depository and credited to a summary account. The Auditor shall keep in his or her office separate accounts of the particular heads or sources of revenue, and a summary account with the Treasurer, beside such individual accounts with officers and persons as may be necessary, and shall charge every sum of money received for the state as aforesaid to the Treasurer’s account, and credit it under the particular head of revenue to which it properly belongs, distinguishing especially in distinct accounts the receipts on account of the capital of the school fund and those on account of the income of said fund subject to annual distribution. The Auditor shall certify annually to the Secretary of Revenue the condition of the state revenues and the several funds of the state. The certification shall be used by the Secretary in the preparation of a tentative state budget as required of him or her by §5-1A-1 et seq. , and §11B-2-1 et seq. of this code.
W. Va. Code § 18-10M-8 — WV Code / Chapter 18 / Article 10M / Section 8
§18-10M-8. Funding and grants.
Status: in_force

(a) Funds appropriated to the designated state entity for independent living services shall be administered by the designated state entity and may be used to fund any service or activity included in the state plan for independent living, including funding centers for independent living. In order to qualify for funding, a center for independent living shall meet the definition and comply with the standards and indicators therefor, as established in the federal act.

(b) Subject to availability, the state plan may designate funds for purposes including, but not limited to, the following:

(1) To provide independent living services to eligible individuals with significant disabilities;

(2) To demonstrate ways to expand and improve independent living services;

(3) To support the operation of centers for independent living;

(4) To support activities to increase the capacities of centers for independent living to develop comprehensive approaches or systems for providing independent living services;

(5) To conduct studies and analyses, gather information, develop model policies and procedures and present information, approaches, strategies, findings, conclusions and recommendations to policymakers in order to enhance independent living services for individuals with disabilities;

(6) To train individuals with disabilities and individuals who provide services to them and other persons regarding the independent living philosophy; and

(7) To provide outreach to populations that are unserved or underserved by programs under this act, including minority groups and urban and rural populations.

As provided in the state plan, funds appropriated for the purposes of this article shall be utilized directly by the designated state entity for the provision of independent living services or through grants or contracts, with the approval of the council, to agencies that meet the definition of and comply with the standards and indicators for centers for independent living set forth in the federal act.
W. Va. Code § 29-22B-1206 — WV Code / Chapter 29 / Article 22B / Section 1206
§29-22B-1206. Any other transportation of video lottery terminals.
Status: in_force

(a) Any person who transports a video lottery terminal from one location to another in this state, other than for repair or servicing purposes, shall notify the commission in writing prior to the transportation of the terminal and provide the following information on forms required by the commission:

(1) The full name and address of the person or entity transporting the video lottery terminal;

(2) The reason for transporting the video lottery terminal;

(3) The full name and address of the person or entity to whom the terminal is being sent and the destination of the video lottery terminal if it is different from the address;

(4) The serial and model number of the video lottery terminal;

(5) The video lottery terminal license number, if affixed;

(6) The manufacturer of the video lottery terminal; and

(7) The expected date and time of video lottery terminal installation or reinstallation.

(b) Any person shipping video lottery terminals to a destination outside of this state shall, prior to the shipment, provide the commission with the following information on forms prescribed by the commission:

(1) The full name and address of the person shipping the video lottery terminals;

(2) The method of shipment and the name of the carrier;

(3) The full name and address of the person to whom the video lottery terminals are being sent and the destination of the video lottery terminals if different from the address;

(4) The serial number of each video lottery terminal being shipped;

(5) The model number and description of the video lottery terminal being shipped;

(6) The video lottery terminal control number, if affixed;

(7) The manufacturer of the video lottery terminal being shipped; and

(8) The expected date and time of the shipment.
W. Va. Code § 3-1-26 — WV Code / Chapter 3 / Article 1 / Section 26
§3-1-26. Election supplies in emergencies.
Status: in_force

If, by any accident or casualty, the ballots or ballot box or boxes delivered to a commissioner of election, or to any messenger, shall be lost or destroyed, it shall be the duty of such commissioner or messenger to report the loss forthwith to the board of ballot commissioners and clerk of the county court from whom the same were, or was, obtained, and make affidavit of the circumstances of the loss; whereupon such board and clerk shall at once send a new supply by special messenger, as provided in other cases. If, for any reason, there should be found no ballots, or ballot box, or other necessary means or contrivances for voting, at the opening of the polls, it shall be the duty of the commissioners of election to secure the same as speedily as possible and, if necessary, the ballot commissioners may have ballots printed or written, and the election commissioners may have a ballot box or boxes made.
W. Va. Code § 22-5-3 — WV Code / Chapter 22 / Article 5 / Section 3
§22-5-3. Causing statutory pollution unlawful; article not to provide persons with additional legal remedies.
Status: in_force

It is unlawful for any person to cause a statutory air pollution, to violate the provisions of this article, to violate any rules promulgated pursuant to this article to operate any facility subject to the permit requirements of the director without a valid permit, or to knowingly misrepresent to any person in the State of West Virginia that the sale of air pollution control equipment will meet the standards of this article or any rules promulgated pursuant to this article. Nothing contained in this article provides any person with a legal remedy or basis for damages or other relief not otherwise available to such person immediately prior to enactment of this article.
W. Va. Code § 33-45-7 — WV Code / Chapter 33 / Article 45 / Section 7
§33-45-7. Contractual alternative reimbursement arrangements.
Status: in_force

This article shall not apply to provider contracts in which payment is rendered by periodic, capitation or withhold payments.
W. Va. Code § 8-27-24 — WV Code / Chapter 8 / Article 27 / Section 24
§8-27-24. Bonds made legal investments.
Status: in_force

Banking institutions, building and loan associations, and insurance companies organized under the laws of this state, may lawfully invest their own funds in bonds issued under the provisions of this article.
W. Va. Code § 47-11B-7 — WV Code / Chapter 47 / Article 11B / Section 7
§47-11B-7. Revocation of license; grounds.
Status: in_force

The commissioner may, on his own initiative, or shall, upon the written and verified complaint of any resident of this state, investigate any person licensed by him under the provisions of this article to determine if such person is violating or has violated this article. The commissioner shall immediately revoke such person's license if, after such investigation, he shall determine that:

(1) Any sale by the applicant is conducted in violation of any provision of this article,

(2) The applicant has made any material misstatement in his application for said license,

(3) The applicant has failed to include in the inventory required by the provisions of this article the goods, wares or merchandise required to be contained in such inventory,

(4) The applicant has added or permitted to be added to said sale or offered or permitted to be offered at said sale any goods, wares or merchandise not described in the original application and inventory, or

(5) The applicant made or permitted to be made any false, misleading or deceptive statements in advertising said sale, whether written or oral, or in displaying, ticketing or pricing goods, wares or merchandise offered for sale.
W. Va. Code § 60-2-14 — WV Code / Chapter 60 / Article 2 / Section 14
§60-2-14. Authority to grant and revoke licenses.
Status: in_force

The commission shall have the authority to grant and revoke licenses as provided in article four of this chapter.
W. Va. Code § 33-6-19 — WV Code / Chapter 33 / Article 6 / Section 19
§33-6-19. Renewal of policy by certificate or endorsement.
Status: in_force

Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor for a specific additional period or periods by certificate or by endorsement of the policy, and without requiring the issuance of a new policy when such certificate and its use for such purpose have been approved by the commissioner.
W. Va. Code § 19-11B-8 — WV Code / Chapter 19 / Article 11B / Section 8
§19-11B-8. Approved sampling and testing methods.
Status: in_force

(a) All sampling and testing methods shall be those set forth in the fifteenth edition of and supplement to the Official Methods of Analysis of the Association of Official Analytical Chemists, published by the Association of Official Analytical Chemists; or the fifteenth edition of the Standard Methods for the Examination of Dairy Products, published by the American Public Health Association, Inc.; or methods approved by the commissioner as provided by rule.

(b) The Babcock method or other methods approved by the commissioner for determining the milk fat content of frozen desserts shall be used as the reference method to establish and maintain the calibration of automated testing instruments.
W. Va. Code § 64-9-18 — WV Code / Chapter 64 / Article 9 / Section 18
§64-9-18. Board of Physical Therapy.
Status: in_force

(a) The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §30-20-6 of this code, modified by the Board of Physical Therapy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 21, 2025, relating to the Board of Physical Therapy (general provisions for physical therapist and physical therapist assistant, 16 CSR 01), is authorized.

(b) The legislative rule filed in the State Register on July 24, 2025, authorized under the authority of §30-20A-2 of this code, modified by the Board of Physical Therapy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 21, 2025, relating to the Board of Physical Therapy (general provisions for athletic trainers, 16 CSR 05), is authorized.
W. Va. Code § 16-35-4 — WV Code / Chapter 16 / Article 35 / Section 4
§16-35-4. Powers and duties of the director.
Status: in_force

The director shall administer and enforce this article, and has the following powers and duties:

(1) To propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to carry out the requirements of this article, including, but not limited to, abatement personnel training guidelines, procedures for the issuance and renewal of lead discipline licenses, establishment of all fees necessary to pay for the implementation and enforcement of this program, and the regulation of lead abatement projects;

(2) To issue, suspend and revoke lead discipline licenses, regulate lead abatement projects, and assess fees and civil penalties pursuant to this article and the rules promulgated hereunder;

(3) To promulgate any emergency rules necessary to gain federal approval of the state lead abatement program in accordance with section three, article fifteen, chapter twenty-nine-a of this code;

(4) To accredit training providers, training courses, examiners, examinations, and grading systems developed for licensing disciplines pursuant to this article;

(5) To order reduction or abatement of identified lead hazards when they may result in child lead poisoning; and

(6) To develop a public awareness campaign on the dangers of lead poisoning and to promote public education of the requirements of this article.
W. Va. Code § 23-1-14 — WV Code / Chapter 23 / Article 1 / Section 14
§23-1-14. Forms.
Status: in_force

The Insurance Commissioner shall prepare and furnish free of cost forms (and provide in his or her rules for their distribution so that they may be readily available) of applications for benefits for compensation, notices to employers, proofs of injury or death, of medical attendance, of employment and wage earnings, and any other forms considered proper and advisable. It is the duty of employers to constantly keep on hand a sufficient supply of the forms.
W. Va. Code § 8A-12-5 — WV Code / Chapter 8A / Article 12 / Section 5
§8A-12-5. Farmland protection boards -– powers.
Status: in_force

A farmland protection board has the following general powers:

(a) Power to sue. -- To sue and be sued in contractual matters in its own name;

(b) Power to contract. -- To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its purposes;

(c) Power to restrict use of land. -- To acquire or cohold, by gift, purchase, devise, bequest or grant, easements in gross, fee or other rights to restrict the use of agricultural land and woodland as may be designated to maintain the character of the land as agricultural land or woodland: Provided, That the county commission has final approval authority for any and all purchases of easements for the farmland protection program by the board;

(d) Power to implement rules. -- To implement rules necessary to achieve the purposes of the voluntary farmland protection programs;

(e) Power to disseminate information. -- To promote the dissemination of information throughout the county concerning the activities of the farmland protection board; and

(f) Power to seek funding. -- To pursue and apply for any and all county, state, federal and private funding available, consistent with the purpose of the voluntary farmland protection programs.
W. Va. Code § 51-1A-4 — WV Code / Chapter 51 / Article 1A / Section 4
§51-1A-4. Power to amend question.
Status: in_force

The Supreme Court of Appeals of West Virginia may reformulate a question certified to it.
W. Va. Code § 55-7-17 — WV Code / Chapter 55 / Article 7 / Section 17
§55-7-17. Aid by trained emergency services personnel; entities, immunity from civil liability; definitions.
Status: in_force

(a) A person trained in a qualified program of emergency services or an entity, who voluntarily and in good faith renders or provides advice, assistance, equipment, or materials at the scene of an actual or threatened accident, emergency, or disaster, and receives no remuneration for rendering or providing the advice, assistance, equipment, or materials is not liable for any civil damages as the result of any act or omission at the scene in rendering or providing advice, assistance, equipment, or materials: Provided , That the exemption from liability for civil damages of this section shall be extended to any person who receives reimbursement for out-of-pocket expenses incurred in rendering or providing the advice, assistance, equipment, or materials or compensation from his or her regular employer for the time period during which he or she was actually engaged in rendering or providing advice, assistance, equipment, or materials, but is not extended to that person or an entity who by his, or her, or its act or omission caused or contributed to the cause of the actual or threatened accident, emergency, or disaster.

(b) For purposes of this section, the term "emergency" includes, without limitation, any instance where a person suffers from a medical condition requiring immediate treatment due to natural causes, accident, or crime.

(c) For purposes of this section, the term "disaster" has the same meaning as that term is defined in §15-5-2 of this code and temporally includes the imminent threat of disaster as well as its occurrence.

(d) For purposes of this section, the term “emergency services” means any mine rescue response services, hazardous substance response services, chemical substance and materials response services, hazardous waste response services and further has the meaning as the term is defined in §15-5-2 of the code.
W. Va. Code § 23-1-11 — WV Code / Chapter 23 / Article 1 / Section 11
§23-1-11. Depositions; investigations.
Status: in_force

(a) In an investigation into any matter arising under this chapter, the Insurance Commissioner may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in the circuit court, but the depositions shall be upon reasonable notice to claimant and employer or other affected persons or their respective attorneys.

(b) The Insurance Commissioner also has discretion to accept and consider depositions taken within or without the state by either the claimant or employer or other affected person, provided due and reasonable notice of the taking of the depositions was given to the other parties or their attorneys, if any: Provided , That the Insurance Commissioner, upon due notice to the parties, has authority to refuse or permit the taking of depositions or to reject the depositions after they are taken, if they were taken at a place or under circumstances which imposed an undue burden or hardship upon the other parties. The Insurance Commissioner’s discretion to accept, refuse to approve or reject the depositions is binding in the absence of abuse of the discretion.
W. Va. Code § 46A-6A-1 — WV Code / Chapter 46A / Article 6A / Section 1
§46A-6A-1. Legislative declarations.
Status: in_force

(1) The Legislature hereby finds and declares as a matter of public policy that the purpose of this article is to place upon the manufacturers of motor vehicles the duty to meet their obligations and responsibilities under the terms of the express warranties extended to the consumers in this state. The Legislature further finds as a matter of public policy that the manufacturer shall bear the total cost of performing any duty or responsibility imposed by their warranties and the provisions of this article.

(2) The Legislature further finds that any agreement under the provisions of article six-a, chapter seventeen-a of this code, or any agreement hereafter amended or entered into between a dealer and manufacturer which would transfer to the dealer any duty, or all or any part of the cost of performing any duty imposed on the manufacturer by the provisions of this article, or which would directly or indirectly charge the dealer for or reduce the payment or reimbursement due the dealer for performing work or furnishing parts required by this article to be provided by either the dealer or manufacturer, so as to shift to the dealer all or any part of the cost of the manufacturer's compliance with this article, to be against public policy, void and unenforceable.
W. Va. Code § 54-1-12 — WV Code / Chapter 54 / Article 1 / Section 12
§54-1-12. Facilities for moving fuel coal to coal fired steam electric power plants.
Status: in_force

The owner or operator of a coal fired steam electric power plant, the output of which plant is for public use, shall have the right to construct, maintain and operate roads and rail facilities for transporting fuel coal to such power plant as a part of said plant and the same shall be considered to be for public use.
W. Va. Code § 61-9-11 — WV Code / Chapter 61 / Article 9 / Section 11
§61-9-11. Effect of holding any part of article unconstitutional.
Status: in_force

Should any provision or section of this article be held unconstitutional, such fact shall not be held to invalidate the other provisions and sections hereof.