FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 48-5-201 — WV Code / Chapter 48 / Article 5 / Section 201
§48-5-201. Grounds for divorce; irreconcilable differences.
Status: in_force

PART 2. GROUNDS FOR DIVORCE.

The court may order a divorce if the complaint alleges that irreconcilable differences exist between the parties and an answer is filed admitting that allegation. A complaint alleging irreconcilable differences shall set forth the names of any dependent children of either or both of the parties. A divorce on this ground does not require corroboration of the irreconcilable differences or of the issues of jurisdiction or venue. The court may approve, modify or reject any agreement of the parties and make orders concerning spousal support, custodial responsibility, child support, visitation rights or property interests.
W. Va. Code § 19-1-7 — WV Code / Chapter 19 / Article 1 / Section 7
§19-1-7. Sale of raw milk.
Status: in_force

(a) For purposes of this section, “raw milk” means milk that has not been pasteurized as specified in 21 C.F.R. §1240.61.

(b) Notwithstanding any other provision of this code to the contrary, raw milk may be sold by a seller in West Virginia to a consumer in West Virginia: Provided , That any container of raw milk sold pursuant to this article shall be clearly labeled as “unpasteurized raw milk”, and shall include the name and physical address of the seller, the date of production, and the following warning: “Consuming unpasteurized raw milk may increase your risk of foodborne illness, especially for children, elderly, immunocompromised individuals, and persons with certain medical conditions”.

(c) The Commissioner of Agriculture, in consultation with the Department of Health, may propose rules for promulgation in accordance with the provisions of §29A-3-1 et seq . of this code in compliance with raw milk dairy industry standards.
W. Va. Code § 47-20-8 — WV Code / Chapter 47 / Article 20 / Section 8
§47-20-8. Amendment of license.
Status: in_force

If circumstances beyond the control of the licensee organization prohibit it from holding any bingo occasion in accordance with the information provided by it in its license application form, the licensee organization may request approval by the commissioner to:

(a) Modify the holding of one or more bingo occasions held pursuant to an annual license if the changes are temporary; or

(b) Modify the holding of one or more bingo occasions held pursuant to a limited occasion license if the changes affect fewer than one-third the occasions to be held under the license; or

(c) Amend its original license if the changes to the holding of occasions pursuant to an annual license are permanent or if the changes affect one third or more of the occasions to be held under a limited occasion license.
W. Va. Code § 6-9-9A — WV Code / Chapter 6 / Article 9 / Section 9A
§6-9-9a. Public inspection of reports of examinations.
Status: in_force

All reports of examinations and audits of public offices made in accordance with the provisions of §6-9-7 of this code, and the copies thereof, when filed in the office of the chief inspector of public offices or in the office of the State Tax Commissioner, shall be public documents and shall be available for public inspection: Provided, That if an examination or investigative report discloses misfeasance, nonfeasance, or malfeasance, the chief inspector may direct that a report remain confidential until such time that the proper legal authority, as described in §6-9-7(n) of this code, has completed its investigation or adjudication of the matter and authorizes public disclosure.
W. Va. Code § 5-16-1 — WV Code / Chapter 5 / Article 16 / Section 1
§5-16-1. Short title; legislative intent.
Status: in_force

The short title by which this article may be referred to is "West Virginia Public Employees Insurance Act" and it is the express intent of the Legislature to encourage and promote a uniform partnership relation between all employers and employees participating in the insurance plan or plans formulated under the provisions of this article and constituting the insurance program, and to hereby declare such insurance program to be for a public purpose.
W. Va. Code § 16-1B-4 — WV Code / Chapter 16 / Article 1B / Section 4
§16-1B-4. Eligibility for service; legislative rule.
Status: in_force

In order to qualify for service and residency in a skilled nursing facility established under this article, an applicant must have continuously been a citizen of the State of West Virginia for twelve consecutive months and must have performed active duty in an active component of the Armed Forces or performed active service in a reserve component of the Armed Forces for at least twelve consecutive months. The director shall propose a legislative rule further defining and limiting eligibility for services and residency under this article.
W. Va. Code § 30-21-8A — WV Code / Chapter 30 / Article 21 / Section 8A
§30-21-8a. Issuance of license; renewal of license; renewal fee; display of license.
Status: in_force

On and after July 1, 1991 and thereafter, whenever the board finds that applicants meet all of the requirements of this article for a license to engage in the practice of school psychology, it shall forthwith issue to them such licenses; and otherwise the board shall deny the same. The license shall be valid for a period of three years from the date issued and may be renewed for a period of three years without examination upon application for renewal on a form prescribed by the board and payment to the board of a renewal fees: Provided, That the board may deny an application for renewal for any reason which would justify the denial of an original application for a license. The board shall prescribe the form of licenses and each license shall be conspicuously displayed by the licensee at the licensee's principal place of practice.
W. Va. Code § 7-26-4 — WV Code / Chapter 7 / Article 26 / Section 4
§7-26-4. Training promoted by the bureau.
Status: in_force

The bureau may contract with or agree with any state university or college in West Virginia or any other organization for a university, college or other organization to provide specialized training for sheriffs and deputies as it deems appropriate for the efficient operation of a sheriff's office: Provided, That nothing herein shall be construed to circumvent or replace the duties or authority of the training of law-enforcement officers in this state as prescribed in article twenty-nine, chapter thirty of this code.
W. Va. Code § 12-4-5 — WV Code / Chapter 12 / Article 4 / Section 5
§12-4-5. Individual accounts; Auditor to notify sureties when sheriff defaults.
Status: in_force

There shall be kept in the Auditor's office all necessary and proper accounts of persons having pecuniary transactions with the state, and especially accounts of all persons employed in the collection of any part of the public revenue, including the school fund. In case of a default made by any sheriff in the prompt payment of money due from him as such sheriff of his county, it shall be the duty of the Auditor, within sixty days after default is made by such sheriff, to notify the sureties on the official bond of such sheriff. In such notice to the sureties, the amount of indebtedness of such sheriff shall be stated, including all the funds due to the state from such sheriff, and the Auditor shall also lodge a copy of such notice with the clerk of the county court of the county of such defaulting sheriff, and with the State Tax Commissioner.
W. Va. Code § 15-2-24D — WV Code / Chapter 15 / Article 2 / Section 24D
§15-2-24d. State Police Forensic Laboratory Fund.
Status: in_force

The State Police Forensic Laboratory Fund is hereby created within the Treasury of the state. The fund shall be administered by the superintendent and shall consist of all moneys made available for the operations of the State Police Forensic Laboratory from any source, including, but not limited to, all fees, all gifts, grants, bequests or transfers from any source, any moneys that may be appropriated and designated for the forensic laboratory by the Legislature and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the operations of the State Police Forensic Laboratory and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2018, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature.
W. Va. Code § 5A-13-3 — WV Code / Chapter 5A / Article 13 / Section 3
§5A-13-3. Permitting Program and Dashboard.
Status: in_force

(a) The secretary shall coordinate and lead the various permitting agencies in the implementation and execution of the One-Stop-Shop Permitting Program.

(b) The secretary shall issue program guidance and provide training on the One-Stop-Shop Permitting Program and Permitting Dashboard authorized by this article.

(c) On or before January 1, 2027, the secretary shall make available for public use an online dashboard, designated the Permitting Dashboard. The Permitting Dashboard shall serve as a "one-stop-shop" for obtaining and renewing all permits. The Permitting Dashboard shall:

(1) Be easily accessible, searchable, and informative;

(2) Allow the applicants to view, research, apply, and renew permits in this state; and

(3) Allow individuals and businesses to create private accounts, through which they can view, save, and submit applications; electronically pay all required fees; receive updates on the status of applications; send and receive communications directly to and from the regulatory agencies; and receive electronic copies of approved permits;

(4) Allow for coordination between offices, departments, divisions, and agencies of the state, particularly regarding the sequence of particular permits, licenses, and business registrations to enable more efficient processing;

(5) Be designed to make the process for applying for and receiving construction, economic development, infrastructure, or natural resource permits, licenses, and business registrations in West Virginia the simplest, most efficient, and most business friendly in the nation;

(6) Provide applicants a "fast-track" option wherein an applicant can pay an additional fee to expedite the processing of a permit application; and

(7) Protect financial and proprietary information of applicants that is exempt from public disclosure under the West Virginia Freedom of Information Act, being §29B-1-1 et seq. of this code.
W. Va. Code § 7-19-3 — WV Code / Chapter 7 / Article 19 / Section 3
§7-19-3. Authority to invest; limitations on investment in linked deposits; loan cap.
Status: in_force

County commissions are hereby authorized and empowered, in addition to all other powers and duties now conferred by law upon county commissions, to invest in linked deposits: Provided, That at the time of placement of the linked deposit not more than ten percent of the county's total investment portfolio is so invested. The amount of a reduced rate loan may not exceed $10,000 per job created or preserved as determined by the agent, subject to the availability of funds. This program is created to supplement the state linked deposit program and the agent is authorized to coordinate county linked deposits with the state program.
W. Va. Code § 20-2-44 — WV Code / Chapter 20 / Article 2 / Section 44
§20-2-44. Free fishing days.
Status: in_force

The Director may designate up to two days each year as free sport fishing days. On a designated free fishing day, an individual is entitled to fish for all legal fish in all counties of the state without having a valid West Virginia fishing license and without the payment of any license fee, subject to the same privileges and restrictions applicable to a holder of any such license.
W. Va. Code § 55-14-3 — WV Code / Chapter 55 / Article 14 / Section 3
§55-14-3. Notice of filing.
Status: in_force

(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the circuit court an affidavit setting forth the name and last known post-office address of the judgment debtor and the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(c) No execution or other process for enforcement of a foreign judgment filed hereunder may issue until thirty days after the date the judgment is filed.
W. Va. Code § 33-16A-1 — WV Code / Chapter 33 / Article 16A / Section 1
§33-16A-1. Right of insured to convert from group coverage.
Status: in_force

A group policy or group subscriber contract which provides hospital, surgical or major medical expense insurance, or any combination of these coverages, on an expense incurred basis, but not a policy which provides benefits for specific diseases or for accidental injuries only, shall provide that an employee or member whose insurance under the group policy or contract has been terminated for any reason, including discontinuance of the group policy in its entirety or of an insured class, who has been continuously insured under the group policy, or under any group policy providing similar benefits which it replaces, for at least three months immediately prior to termination, shall be entitled to have issued to him by the insurer a converted policy of health insurance. An employee or member shall not be entitled to have a converted policy issued to him if termination of his insurance under the group policy occurred because he failed to pay any required contribution, or the discontinued group coverage was replaced by similar group coverage within thirty-one days.
W. Va. Code § 16-2D-15 — WV Code / Chapter 16 / Article 2D / Section 15
§16-2D-15. Authority to render final decision; issue certificate of need; write findings; specify capital expenditure maximum.
Status: in_force

(a) The authority shall render a final decision on an application for a certificate of need in the form of an approval, a denial or an approval with conditions. The final decision with respect to a certificate of need shall be based solely on:

(1) The authority’s review conducted in accordance with procedures and criteria in this article and the certificate of need standards; and

(2) The record established in the administrative hearing held with respect to the certificate of need.

(b) Approval with conditions does not give the authority the ability to mandate a health service not proposed by the health care facility. Issuance of a certificate of need or exemption may not be made subject to any condition unless the condition directly relates to criteria in this article, or in the certificate of need standards. Conditions may be imposed upon the operations of the health care facility for not longer than a three-year period.

(c) The authority shall send its decision along with written findings to the person proposing the proposed health service or exemption and shall make it available to others upon request.

(d) In the case of a final decision to approve or approve with conditions a proposal for a proposed health service, the authority shall issue a certificate of need to the person proposing the proposed health service.

(e) The authority shall specify in the certificate of need the maximum amount of capital expenditures which may be obligated. The authority shall adopt legislative rules pursuant to section four to prescribe the method used to determine capital expenditure maximums and a process to review the implementation of an approved certificate of need for a proposed health service for which the capital expenditure maximum is exceeded or is expected to be exceeded.
W. Va. Code § 6A-1-5 — WV Code / Chapter 6A / Article 1 / Section 5
§6A-1-5. Emergency interim successors for state officers.
Status: in_force

All state officers, subject to such regulations as the Governor may issue, shall, upon approval of this article, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three nor more than seven such deputies or emergency interim successors or any combination thereof at any time. In the event of an attack, and in the event that any state officer or his deputy, if any, is unavailable following such an attack, the said powers of his office shall be exercised and said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this article or other official authorized under the Constitution or this article to exercise the powers and discharge the duties of the office of Governor may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected, and qualified as provided by law; or an officer or his deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
W. Va. Code § 62-12-13A — WV Code / Chapter 62 / Article 12 / Section 13A
§62-12-13a. Eligibility date for parole.
Status: in_force

When the prisoner has received an indeterminate sentence, the minimum sentence shall be considered as an eligibility date for parole consideration but does not confer in the prisoner the right to be released as of that date.
W. Va. Code § 4-8-1 — WV Code / Chapter 4 / Article 8 / Section 1
§4-8-1. Creation; composition; qualifications.
Status: in_force

(a) The Capitol Building Commission is continued, and is composed of nine members, five of which are appointed by the Governor, with the advice and consent of the Senate.

(b) One member is appointed by the President of the Senate, one member is appointed by the Speaker of the House of Delegates, one member is appointed by the Supreme Court of Appeals, plus the Secretary of the Department of Administration, who are all nonvoting members.

(c) Of the members appointed by the Governor, no more than three members may be of the same political party. One member shall be an architect selected from three persons recommended by the board of Architects, one member shall be a registered professional engineer selected from three persons recommended by the board of Engineers, one member is the Commissioner of the Division of Culture and History, who is the chairperson of the commission. Two members shall be selected from the public at large.
W. Va. Code § 36B-1-113 — WV Code / Chapter 36B / Article 1 / Section 113
§36B-1-113. Remedies to be liberally administered.
Status: in_force

(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.

(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding.
W. Va. Code § 51-2A-14 — WV Code / Chapter 51 / Article 2A / Section 14
§51-2A-14. Review by circuit court; record; standard of review; temporary order upon demand.
Status: in_force

(a) The circuit court may refuse to consider the petition for appeal may affirm or reverse the order, may affirm or reverse the order in part or may remand the case with instructions for further hearing before the family court judge.

(b) In considering a petition for appeal, the circuit court may only consider the record as provided in subsection (d), section eight of this article.

(c) The circuit court shall review the findings of fact made by the family court judge under the clearly erroneous standard and shall review the application of law to the facts under an abuse of discretion standard.

(d) If the circuit court agrees to consider a petition for appeal, the court shall provide the parties an opportunity to appear for oral argument, upon the request of either party or in the discretion of the court. The provisions of this subsection are effective until the adoption of rules by the Supreme Court of Appeals governing the appellate procedures of family courts.

(e) If the proceeding is remanded to the family court, the circuit court must enter appropriate temporary orders for a parenting plan or other allocation of custodial responsibility or decision-making responsibility for a child, child support, spousal support or such other temporary relief as the circumstances of the parties may require. If the circuit court remands the case to the family court, it must state the legal or factual issues to be considered by the family court on remand. If the family court determines that the consideration of those issues also requires consideration of collateral or interdependent issues, the family court may also consider those other collateral or interdependent issues.

(f) The circuit court must enter an order ruling on a petition for appeal within sixty days from the last day a reply to the petition for appeal could have been filed. If the circuit court does not enter the order within the sixty-day period or does not, within the sixty-day period, enter an order stating just cause why the order has not been timely entered, the circuit clerk shall send a written notice to the parties that unless the parties both file an objection within fourteen days of the date of the notice, the appeal will be transferred to the Supreme Court of Appeals as provided in section fifteen of this article due to the failure of the circuit court to timely enter an order. The appeal shall be transferred without the necessity of the filing of any petition or further document by the petitioner.