FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 22C-4-18 — WV Code / Chapter 22C / Article 4 / Section 18
§22C-4-18. Statutory mortgage lien created unless otherwise provided; foreclosure thereof.
Status: in_force

Unless otherwise provided by resolution of the board, there is a statutory mortgage lien upon such solid waste facilities of the authority, which exists in favor of the holders of bonds or notes hereby authorized to be issued, and each of them, and the coupons attached to said bonds or notes, and such solid waste facilities remain subject to such statutory mortgage lien until payment in full of all principal of and interest on such bonds or notes. Any holder of such bonds or notes, of any coupons attached thereto, may, either at law or in equity, enforce said statutory mortgage lien conferred hereby and upon default in the payment of the principal of or interest on said bonds or notes, and may foreclose such statutory mortgage lien in the manner now provided by the laws of the State of West Virginia for the foreclosure of mortgages on real property.
W. Va. Code § 27-1-5 — WV Code / Chapter 27 / Article 1 / Section 5
§27-1-5. Physician.
Status: in_force

A "physician" is a person licensed under the laws of this state to practice medicine or a medical officer of the government of the United States while in this state in the performance of his official duties.
W. Va. Code § 24-2H-1 — WV Code / Chapter 24 / Article 2H / Section 1
§24-2H-1. Short title.
Status: in_force

This article shall be known and cited as the Distressed and Failing Utilities Improvement Act.
W. Va. Code § 8-14-12 — WV Code / Chapter 8 / Article 14 / Section 12
§8-14-12. Form of application; age and residency requirements; exceptions.
Status: in_force

(a) The policemen’s civil service commission in each Class I and Class II city shall require a person applying for admission to any competitive examination provided under the civil service provisions of this article or under the commission's rules to file in its office, within a reasonable time prior to the proposed examination, a formal application in which the applicant shall state under oath or affirmation:

(1) The applicant's full name, residence, and post-office address;

(2) The applicant’s United States citizenship, age, and the place and date of the applicant's birth;

(3) The applicant's state of health and the applicant’s physical capacity for the public service;

(4) The applicant’s business and employments and residences for at least three previous years; and

(5) Other information as may reasonably be required, touching upon the applicant's qualifications and fitness for the public service.

(b) Applications shall be furnished by the commission, without charge. The commission may require, in connection with the application, the certificates of citizens, physicians, and others, having pertinent knowledge concerning the applicant, as the good of the service may require.

(c) Notwithstanding the provisions of §11-5-1 et seq . of this code, a person may not submit an application for original appointment if the person is less than 18 years of age at the date of the individual’s application. There shall be no other age-based restrictions on applications for original appointments.

(d) Notwithstanding the requirements established in this section, if an applicant: (1) Formerly served upon the paid police department of the city to which he or she makes application, for a period of more than his or her probationary period; (2) resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against the applicant; and (3) applies for appointment by reinstatement within a period of two years from the date of resignation from the paid police department to which the individual seeks appointment by reinstatement, then the individual is eligible for appointment by reinstatement in the discretion of the policemen’s civil service commission. Age will not be a factor in appointment consideration. The applicant, providing his or her former term of service so justifies, may be appointed by reinstatement to the paid police department without a competitive examination, but the applicant shall undergo a medical examination. The applicant shall be the lowest in rank in the department next above the probationers of the department.
W. Va. Code § 30-38-12 — WV Code / Chapter 30 / Article 38 / Section 12
§30-38-12. Refusal to issue or renew license or certification; suspension or revocation; grounds for disciplinary action.
Status: in_force

(a) The following acts or omissions are grounds for disciplinary action, and the board may refuse to issue or renew a license or certification, or after issuance may suspend or revoke a license or certification or impose disciplinary sanctions for:

(1) Procuring or attempting to procure license or certification under this article by knowingly making a false statement, submitting false information or making a material misrepresentation in an application filed with the board, or procuring or attempting to procure a license or certification through fraud or misrepresentation;

(2) Paying money other than the fees provided for by this article to any member or employee of the board to procure a license or certification under this article;

(3) An act or omission in the practice of real estate appraising which constitutes dishonesty, fraud or misrepresentation with the intent to substantially benefit the licensee or another person or with the intent to substantially injure another person;

(4) Entry of a final civil or criminal judgment against a licensee on grounds of fraud, misrepresentation or deceit in the making of an appraisal of real estate;

(5) Conviction, including a conviction based upon a plea of guilty or nolo contendre, of a crime which is substantially related to the qualifications, functions or duties of a person developing real estate appraisals and communicating real estate appraisals to others;

(6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;

(7) Violation of any section of this article, or any rule of the board;

(8) Violation of the confidential nature of governmental records to which a licensee gained access through employment or engagement as an appraiser by a governmental agency;

(9) Acceptance of a fee that is or was contingent upon the appraiser reporting a predetermined analysis, opinion, or conclusion, or is or was contingent upon the analysis, opinion, conclusion or valuation reached, or upon the consequences resulting from the appraisal assignment;

(10) Failing to meet the minimum qualifications for state licensure or certification established by or pursuant to this article; or

(11) Failing or refusing without good cause to exercise reasonable diligence, or negligence or incompetence, in developing an appraisal, preparing an appraisal report, or communicating an appraisal.

(b) Every person licensed or certified by the board has a duty to report to the board in a timely manner any known or observed violation of this article or the board's rules by any other person licensed or certified by the board.
W. Va. Code § 61-3B-8 — WV Code / Chapter 61 / Article 3B / Section 8
§61-3B-8. Liability for damages; deferred judgment; dismissal.
Status: in_force

(a) As applicable to this article, notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to property in the course of a willful trespass shall be liable to the property owner in the amount of twice the amount of such damage, including the cost of cleanup.

(b) Notwithstanding any provision of this code to the contrary, a court presiding over a misdemeanor violation of this article may defer entry of the judgment of conviction for a period not to exceed six months and if the damages authorized by subsection (a) of this section are paid within that time period, dismiss the charge.
W. Va. Code § 3-1-43 — WV Code / Chapter 3 / Article 1 / Section 43
§3-1-43. Disposition of miscellaneous election papers.
Status: in_force

At the expiration of twenty-two months after any election, the affidavits taken and returned by any registrar or any election officer, applications for absent voters' ballots, rejected absent voters' ballots, certificates of nominations of candidates, and the written designations of election officers and of ballot commissioners shall be destroyed. If the further preservation of any of the documents mentioned in this section shall be required by the order of the court, the same shall be destroyed at the expiration of the time fixed for the further preservation thereof by such order.
W. Va. Code § 18-28-7 — WV Code / Chapter 18 / Article 28 / Section 7
§18-28-7. Waiver of required assessment for certain students attending parochial school.
Status: in_force

The state superintendent may waive the assessment requirement for parochial schools set forth in section three of this article if the state superintendent determines that a court of law has held that the assessment requirement would violate a provision of the state or federal Constitution.
W. Va. Code § 16-30-12 — WV Code / Chapter 16 / Article 30 / Section 12
§16-30-12. Conscience objections.
Status: in_force

(a) Health care facilities. -– Nothing in this article shall be construed to require a health care facility to change published policy of the health care facility that is expressly based on sincerely held religious beliefs or sincerely held moral convictions central to the facility's operating principles.

(b) Health care providers. -– Nothing in this article shall be construed to require an individual health care provider to honor a health care decision made pursuant to this article if:

(1) The decision is contrary to the individual provider's sincerely held religious beliefs or sincerely held moral convictions; and

(2) The individual health care provider promptly informs the person who made the decision and the health care facility of his or her refusal to honor the decision. In such event, the medical power of attorney representative or surrogate decision maker shall have responsibility for arranging the transfer of the person to another health care provider. The individual health care provider shall cooperate in facilitating such transfer, and a transfer under these circumstances shall not constitute abandonment.
W. Va. Code § 44D-9-901 — WV Code / Chapter 44D / Article 9 / Section 901
§44D-9-901. Uniform Prudent Investor Act.
Status: in_force

The Uniform Prudent Investor Act is contained in article six-c, chapter forty-four of this code.
W. Va. Code § 30-8B-2 — WV Code / Chapter 30 / Article 8B / Section 2
§30-8B-2. Definitions.
Status: in_force

"Laser certificate holder" means a licensee who has met the requirements of this rule and has been issued an Ophthalmic Laser Utilization Certificate by the board.

"Ophthalmic laser" means any of the commercially available light amplification by stimulated emission of radiation (LASER) devices approved by the US Food and Drug Administration for use on the human eye and adnexa.

"Posterior capsulotomy" means the ophthalmic laser technique most commonly used to treat the clouding of the eye’s posterior lens capsule (PCO) that commonly occurs following cataract surgery.

"Peripheral iridotomy" means the standard first-line treatment in angle-closure glaucoma and eyes at risk for this condition most commonly treated utilizing ophthalmic lasers.

"Selective laser trabeculoplasty" means a simple, yet highly effective laser procedure that reduces the intraocular pressure associated with glaucoma that uses short pulses of low-energy light to target the melanin, or pigment, in specific cells of the affected eye. The surrounding, non-pigmented cells are untouched and undamaged.
W. Va. Code § 23-4-6A — WV Code / Chapter 23 / Article 4 / Section 6A
§23-4-6a. Benefits and mode of payment to employees and dependents for occupational pneumoconiosis; further adjustment of claim for occupational pneumoconiosis.
Status: in_force

If an employee is found to be permanently disabled due to occupational pneumoconiosis, as defined in section one of this article, the percentage of permanent disability is determined by the degree of medical impairment that is found by the occupational pneumoconiosis board. The commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, shall enter an order setting forth the findings of the occupational pneumoconiosis board with regard to whether the claimant has occupational pneumoconiosis and the degree of medical impairment, if any, resulting therefrom. That order is the final decision of the commission for purposes of section one, article five of this chapter. If a decision is objected to, the office of judges shall affirm the decision of the Occupational Pneumoconiosis Board made following hearing unless the decision is clearly wrong in view of the reliable, probative and substantial evidence on the whole record. Compensation is paid therefor in the same manner and at the same rate as is provided for permanent disability under the provisions of subdivisions (d), (e), (g), (h), (i), (j), (k), (m) and (n), section six of this article: Provided, That for any employee who applies for occupational pneumoconiosis benefits whose award was granted on or after the effective date of the amendment and reenactment of this section during the year two thousand three, there shall be no permanent partial disability awarded based solely upon a diagnosis of occupational pneumoconiosis, it being the intent of the Legislature to eliminate any permanent partial disability awards for occupational pneumoconiosis without a specific finding of measurable impairment.

If the employee dies from occupational pneumoconiosis, the benefits shall be as provided for in section ten of this article; as to the benefits, sections eleven to fourteen, inclusive, of this article apply.

In cases of permanent disability or death due to occupational pneumoconiosis, as defined in section one of this article, accompanied by active tuberculosis of the lungs, compensation shall be payable as for disability or death due to occupational pneumoconiosis alone.

The provisions of section sixteen of this article and sections two, three, four and five, article five of this chapter providing for the further adjustment of claims are applicable to the claim of any claimant who receives a permanent partial disability award for occupational pneumoconiosis.
W. Va. Code § 8-22A-19 — WV Code / Chapter 8 / Article 22A / Section 19
§8-22A-19. Same -- Physical examinations; recertification; termination of disability.
Status: in_force

The board may require any member who has applied for or is receiving disability benefits under this article to submit to a physical examination, mental examination or both, by a physician or physicians selected or approved by the board and may cause all costs incident to the examination and approved by the board to be paid from the fund. The costs may include hospital, laboratory, X-ray, medical and physicians' fees. A report of the findings of any physician shall be submitted in writing to the board for its consideration. If, from the report, independent information, or from the report and any hearing on the report, the board finds that the member is no longer totally disabled and is engaged in or is able to engage in substantial gainful employment, then the disability benefits shall cease. The board shall require recertification annually for the first three years of disability and thereafter at the discretion of the board. For purposes of recertification the board may require a disability retirant to undergo a medical examination to be made by or under the direction of a physician designated by the board, or to submit a statement signed by the disability retirant's physician certifying continued disability, and may require the retirant to submit copies of annual income tax returns. If a retirant refuses to submit to medical examinations or to provide statements or returns requested for recertification, the board may discontinue disability until the retirant complies.
W. Va. Code § 33-27-1 — WV Code / Chapter 33 / Article 27 / Section 1
§33-27-1. Short title.
Status: in_force

This article may be cited as the "West Virginia Insurance Holding Company Systems Act."
W. Va. Code § 21-7-1 — WV Code / Chapter 21 / Article 7 / Section 1
§21-7-1. Purpose of article.
Status: in_force

The provisions of this article are designated to protect the health and welfare of the people of the state, and are in necessary exercise of the state's police power.
W. Va. Code § 13-2A-11 — WV Code / Chapter 13 / Article 2A / Section 11
§13-2A-11. Fiscal agent.
Status: in_force

Any public body shall have power, in connection with the issuance of refunding bonds, to appoint a fiscal agent, to provide for the powers, duties and functions and compensations of such fiscal agent, to limit the liabilities of such fiscal agent, to prescribe a method for the resignation, removal, merger or consolidation of such fiscal agent and the appointment of a successor fiscal agent and the transfer of rights and properties to such successor fiscal agent.
W. Va. Code § 21-1D-3 — WV Code / Chapter 21 / Article 1D / Section 3
§21-1D-3. Statement of policy.
Status: in_force

It is hereby declared to be the policy of the State of West Virginia to require public improvement contractors to have and implement a drug-free workplace policy that requires drug and alcohol testing.
W. Va. Code § 16-40-8 — WV Code / Chapter 16 / Article 40 / Section 8
§16-40-8. Reports by commissioner.
Status: in_force

Prior to January 1, three years after the date a birth defects information system is implemented pursuant to this article, and by January 1, of each year after that, the commissioner shall prepare a report regarding the birth defects information system. The council created under section six of this article shall, not later than two years after the date a birth defects information system is implemented, specify the information the commissioner is to include in each report. The commissioner shall file the report with the Governor and the Joint Committee on Government and Finance.
W. Va. Code § 18-2I-2 — WV Code / Chapter 18 / Article 2I / Section 2
§18-2I-2. Legislative findings.
Status: in_force

The Legislature finds:

(1) That high-quality professional development is critical in supporting improved practice, assuring teacher quality and raising student achievement;

(2) That professional development is vital in the state’s overall school improvement efforts;

(3) That the state board shall assure the efficient delivery of high-quality professional development programs and that the duplication of efforts be minimized;

(4) That the state board shall assure all stakeholders are appropriately involved in the planning and implementing of programs to meet requisite needs and that high-quality professional development programs be provided to public school educators of West Virginia in the most efficient and cost effective manner;

(5) That continuous improvement is the on-going process of planning, determining, implementing, and refining efforts to improve student performance and well-being. It is the collective staff process of analyzing student performance data, studying current school and classroom practices, determining root causes, researching solutions, and implementing processes outlined in the school’s strategic plan; and

(6) That the capacity for excellence resides in every school. Schools are responsible for creating school-wide and classroom conditions that produce student success. Every school needs quality leadership and the flexibility and support to make the decisions that will lead to the achievement of all students.
W. Va. Code § 48-27-209 — WV Code / Chapter 48 / Article 27 / Section 209
§48-27-209. Protective order defined.
Status: in_force

"Protective order" means an emergency protective order entered by a magistrate as a result of the emergency hearing or a protective order entered by a family court judge upon final hearing.
W. Va. Code § 30-3-7 — WV Code / Chapter 30 / Article 3 / Section 7
§30-3-7. Powers and duties of West Virginia Board of Medicine.
Status: in_force

(a) The board is autonomous and, in accordance with this article, shall determine qualifications of applicants for licenses to practice medicine and surgery, to practice podiatry, and to practice as a physician assistant for a physician licensed under this article, and shall issue licenses to qualified applicants and shall regulate the professional conduct and discipline of such individuals. In carrying out its functions, the board may:

(1) Adopt such rules as are necessary to carry out the purposes of this article;

(2) Hold hearings and conduct investigations, subpoena witnesses and documents and administer oaths;

(3) Institute proceedings in the courts of this state to enforce its subpoenas for the production of witnesses and documents and its orders and to restrain and enjoin violations of this article and of any rules promulgated under it;

(4) Employ investigators, attorneys, hearing examiners, consultants and such other employees as may be necessary, who shall be exempt from the classified service of the Division of Personnel and who shall serve at the will and pleasure of the board.

(5) Enter into contracts and receive and disburse funds according to law;

(6) Establish and certify standards for the supervision and certification of physician assistants;

(7) Authorize medical and podiatry corporations in accordance with the limitations of section fifteen of this article to practice medicine and surgery or podiatry through duly licensed physicians or podiatrists; and

(8) Perform such other duties as are set forth in this article or otherwise provided for in this code.

(b) The board shall submit an annual report of its activities to the Legislature. The report shall include a statistical analysis of complaints received, charges investigated, charges dismissed after investigation, the grounds for each such dismissal and disciplinary proceedings and disposition.
W. Va. Code § 20-3B-3 — WV Code / Chapter 20 / Article 3B / Section 3
§20-3B-3. Duties of commercial whitewater outfitters and commercial whitewater guides.
Status: in_force

(a) All commercial whitewater outfitters and commercial whitewater guides offering professional services in this state shall provide facilities, equipment and services as advertised or as agreed to by the commercial whitewater outfitter, commercial whitewater guide and the participant. All services, facilities and equipment provided by commercial whitewater outfitters and commercial whitewater guides in this state shall conform to safety and other requirements set forth in article two of this chapter and in the rules promulgated by the commercial whitewater advisory board created by section twenty-three-a, article two of this chapter.

(b) In addition to the duties set forth in subsection (a) of this section, all commercial whitewater guides providing services for whitewater expeditions in this state shall, while providing such services, conform to the standard of care expected of members of their profession.
W. Va. Code § 47-20-10 — WV Code / Chapter 47 / Article 20 / Section 10
§47-20-10. Limits on prizes awarded -- General provisions.
Status: in_force

Except as otherwise provided in section twenty-two of this article, during the period of a license the average total prizes awarded by a licensee, or in the aggregate by two or more limited occasion licensees holding a joint bingo occasion, for any bingo occasion held pursuant to an annual or limited occasion license, may not exceed $10,000 in value.

Prizes may be money or merchandise other than beer, nonintoxicating beer, wine, spirits or alcoholic liquor as defined in section five, article one, chapter sixty of this code. If the prizes are merchandise, the value assigned to them is their fair market value at the time of purchase.