reglab/housing_qa huggingface dataset:
WV Code § 32A-2-13 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-13. Notification Requirements

(a) A licensee shall notify the commissioner of any change in its principal place of business, or its headquarters office if different from its principal place of business, within fifteen days after the date of the change.(b) A licensee shall notify the commissioner of any of the following significant developments within fifteen days after gaining actual notice of its occurrence:(1) The filing of bankruptcy or for reorganization under the bankruptcy laws;(2) The institution of any enforcement action including, but not limited to, a license revocation or suspension against the licensee by any other state or federal regulator;(3) A felony indictment related to money transmission, currency exchange, fraud, failure to fulfill a fiduciary duty or other activities of the type regulated under this article of the licensee or its authorized delegates in this state, or of the licensee's or authorized delegate's officers, directors or principals;(4) A felony conviction or plea related to the money transmission, currency exchange, fraud, failure to fulfill a fiduciary duty or other activities of the type regulated under this article of the licensee or its authorized delegates in this state, or of the licensee's or authorized delegate's officers, directors or principals; and(5) Any change in its business activities.(c) A licensee shall notify the commissioner of any merger or acquisition which may result in a change of control or a change in principals of a licensee at least sixty days prior to the announcement or publication of the proposal, or its occurrence, whichever is earlier. Upon notice of these circumstances by a corporate licensee, the commissioner may require all information necessary to determine whether it results in a transfer or assignment of the license and thus if a new application is required in order for the company to continue doing business under this article. A licensee that is an entity other than a corporation shall in these circumstances submit a new application for licensure at the time of notice.(d) The commissioner may direct that the reports required by this section and any other reports, data or information deemed necessary by the commissioner be filed directly with the Division of Financial Institutions on a date to be determined by the commissioner or through the Nationwide Mortgage Licensing System and Registry operated by the State Regulatory Registry, LLC.
WV Code § 32A-2-14 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-14. Records Maintenance

(a) A licensee shall keep its business books, accounts, and records in accordance with generally accepted accounting principals. A licensee shall retain all of its records of final entry for the period of time as required in section thirty-five, article four, chapter thirty-one-a of this code for banking institutions. The licensee shall also preserve its general ledger, settlement sheets from its authorized delegates, bank statements, and bank reconciliation records for this said same established period of time.(b) Unless the documents or data therefrom has been transmitted to the licensee for recordation, the licensee shall require its authorized delegates to preserve records relating to its licensed activities for the period set forth in subsection (a) of this section.(c) Records may be kept using retention technologies, including nonerasable optical disk, as is provided for banking institutions and with the same effect as set forth in section thirty-five, article four, chapter thirty-one-a of this code.(d) A licensee shall maintain records relating to its business under this article at its principal place of business, or with notice to the commissioner, at another location designated by the licensee. If the records are located outside the state, the licensee at its option shall make them available to the commissioner at a convenient location within this state within seven days, or shall pay the reasonable and necessary expenses for the commissioner or his or her representatives to examine them at the place where they are maintained.
WV Code § 32A-2-15 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-15. Transaction Records

(a) Every check sold by the licensee or its authorized delegates shall bear the name of the licensee and a unique number clearly stamped or imprinted thereon. When an order for the transmission of money results in the issuance of a check, both the order and the check may bear the same number.(b) The licensee or its authorized delegates shall record the face amount and unique number of its checks upon their sale.(c) The licensee or its authorized delegates shall record the date on which money was received for transmission, the amount transmitted, the name of the customer and the intended recipient, and the location to which the money was transmitted if specified by the customer. Unless otherwise directed by the customer, the transmission of money or availability of funds shall be made by the licensee or authorized delegate within three business days after the receipt of payment. The customer shall be provided a written receipt sufficient to identify the transaction, the licensee, and the amount.(d) If the transaction involves the exchange of foreign currency, or the sale of travelers checks denominated in a foreign currency, the licensee or authorized delegate shall record the date of the transaction, the amount of the transaction, and the rate of exchange at the time of transaction. The customer shall be provided a written receipt sufficient to identify the transaction, the licensee, and the amount.(e) Records required by this section shall be maintained by the licensee or authorized delegate as set forth in section fourteen of this article, and shall be available for examination by the commissioner.
WV Code § 32A-2-16 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-16. Enforcement

The commissioner, with the assistance of the West Virginia state police, may investigate violations of this article or rules adopted under this article. Based on the investigation, the commissioner or any law-enforcement agency may file a criminal referral with the prosecuting attorney of Kanawha County or with the prosecuting attorney of the county in which a violation is alleged to have occurred. In addition, the commissioner may bring civil actions to enforce the provisions of this article or the rules adopted under this article.
WV Code § 32A-2-17 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-17. Cooperative Agreements

(a) The commissioner shall cooperate with federal and state agencies in discharging the commissioner's responsibilities under this article. The commissioner may: (1) Arrange for the exchange of information among government officials concerning the regulation of a currency exchange, transportation or transmission business;  (2) Cooperate in and coordinate training programs concerning the regulation of currency exchange, transportation or transmission businesses; and(3) Assist state and federal agencies in their enforcement and investigatory activities and supply those agencies with documentation and information.(b) The commissioner may request the assistance of the West Virginia state police in enforcing this article.
WV Code § 32A-2-18 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-18. Criminal Penalty

(a) A person commits a criminal offense if the person knowingly:(1) Violates a requirement of this article;(2) Makes a false, fictitious, or fraudulent statement, representation, or entry in a record or report required under 31 U.S.C. §5313 or 31 C.F.R. Chapter X, or by this article, or a rule adopted under this article; or(3) Fraudulently structures or attempts to fraudulently structure a transaction in violation of section eleven of this article.(b) An offense under this section is a felony.(c) Any officer, director, employee or agent of any licensee or any other person guilty of any felony offense as provided in this section shall, upon conviction thereof, be imprisoned in the penitentiary not less than one nor more than five years and also, in the discretion of the court, may be fined up to $10,000 for each violation. Each transaction in violation of this article and each day that a violation continues is a separate offense.
WV Code § 32A-2-19 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-19. Civil Penalty

(a) The commissioner may bring civil actions to enforce this article in the circuit court of Kanawha County or the county in which the violation occurred and seek civil penalties. If, after notice and a hearing, the court finds that a person has violated this article, a rule adopted under this article, or an order of the commissioner issued under this article, the court may order the person to pay to the state a civil penalty. The amount of a civil penalty under this section may not exceed $5,000 for each violation or, in the case of a continuing violation, up to $5,000 for each day that the violation continues. A civil penalty assessed may be collected from the bond required under section ten of this article.(b) In addition to the authority granted in subsection (a) of this section, the commissioner may by administrative assessment impose a civil penalty of up to $5,000 upon any person he or she believes has violated this article, a rule promulgated under this article, any other law or rule the commissioner is authorized to enforce with respect to persons licensed under this article, or a prior order of the commissioner. For purposes of this subsection, each separate violation is subject to the penalty herein prescribed and, in the case of a continuing violation, a penalty of up to $5,000 may be assessed for each day the violation continues. Any penalty imposed under this subsection may be contested by the licensee pursuant to article five, chapter twenty-nine-a of this code. A civil penalty assessed under this subsection may be collected from the bond required under section ten of this article.
WV Code § 32A-2-20 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-20. Injunction

If it appears to the commissioner that a person has committed or is about to commit a violation of this article, a rule promulgated thereunder, or an order of the commissioner, the commissioner may apply to the circuit court of Kanawha County or the county in which the violation occurred for an order enjoining the person from violating or continuing to violate the article, rule, or order and for injunctive or other relief that the nature of the case may require and may, in addition, request the court to assess civil penalties as provided under this article.
WV Code § 32A-2-21 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-21. Consent Orders

(a) The commissioner may enter into consent orders at any time with a person to resolve a matter arising under this article. A consent order shall be signed by the person to whom it is issued and shall indicate agreement to the terms contained in it. A consent order need not constitute an admission by a person that this article or a rule or order issued or promulgated under this article has been violated, nor need it constitute a finding by the commissioner that the person has committed a violation.(b) Notwithstanding the issuance of a consent order, the commissioner may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order unless by its terms the consent order expressly precludes the commissioner from doing so.
WV Code § 32A-2-22 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-22. Cease and Desist Orders

(a) If the commissioner, upon information, has cause to believe that a licensee or other person is engaged in practices contrary to this article or the rules adopted under this article, the commissioner may issue an order directing the licensee or person to cease and desist the violation. A cease and desist order is appropriate in any case where the commissioner, upon information, reasonably believes that a principal or the licensee acting through any authorized person has:(1) Violated or refused to comply with a provision of this article, a rule adopted under this article, or any other law or regulation applicable to a currency exchange, transportation or transmission business, or to the business of check cashing;(2) Committed a fraudulent practice in the conduct of the licensee's business;(3) Refused to submit to an examination;(4) Conducted business in an unsafe or unauthorized manner;(5) Violated any federal law or regulation pertaining to the business of currency exchange, money transportation or transmission, or the business of check cashing; or(6) Violated any condition of its license or of any agreement entered into with the commissioner.(b) The commissioner shall serve notice and a copy of the cease and desist order on the affected party either personally or by certified mail, return receipt requested. Service by mail shall be deemed completed if the notice is deposited in the post office, postage prepaid, addressed to the last known address for a licensee or the person designated by the licensee to accept service in this state.(c) The order shall include a statement of the alleged conduct of the licensee or principal which gave rise to the order, and set forth the facts and law on which it is based.(d) A person is entitled to a hearing on the cease and desist order before the commissioner, or a hearing examiner appointed by him or her, if the person files with the commissioner a written demand for hearing within ten days after receiving written notice of the order, or within thirty days after the date of service, whichever occurs first. A person's right to a hearing as provided by this subsection shall be disclosed in the notice of service.(e) Hearings and judicial review of any order shall be under procedures provided in sections one and two, article eight, chapter thirty-one-a of this code and procedural rules thereunder.(f) The issuance of a cease and desist order under this section shall not be a prerequisite to the taking of any action by the commissioner or others under any other section of this article.
WV Code § 32A-2-23 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-23. Liability of Licensees

Except in cases of gross negligence or intentional acts that result in harm to a person, a licensee's responsibility to a person for a money transmission conducted on that person's behalf by the licensee or the licensee's authorized delegate is limited to the amount of money transmitted or the face amount of the payment instrument purchased.
WV Code § 32A-2-24 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-24. Confidential Information

(a) Reports of investigation and examination, together with related documents and financial information not normally available to the public that is submitted in confidence by a person regulated under this article, including, but not limited to, that person's evaluation of the expected outcome of pending litigation, are confidential and may not be disclosed to the public by the commissioner or employees of the Division of Banking, and are not subject to the state's freedom of information act. The commissioner may release information if:(1) The commissioner finds that immediate and irreparable harm is threatened to the licensee's customers or potential customers or the general public;(2) The licensee consents before the release;(3) The commissioner finds that release of the information is required in connection with a hearing under this article, in which event information may be related to the parties of that hearing; or(4) The commissioner finds that the release is reasonably necessary for the protection of the public and in the interest of justice, in which event information may be distributed to representatives of an agency, department or instrumentality of this state, any other state or the federal government.(b) Nothing in this section prevents release to the public of any list of licensees or aggregated financial data for the licensees, prevents disclosure of information the presiding officer considers relevant to the proper adjudication or administration of justice at public administrative or judicial hearings, or prevents disclosure of information relevant to supporting the issuance of any administrative or judicial order.
WV Code § 32A-2-26 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-26. Deceptive Name or Advertising

(a) A licensee who advertises the prices to be charged by the currency exchange or currency transmission business for services that are governed by this article shall specifically state in the advertisement all fees or commissions to be charged to the consumer.(b) The commissioner may propose for legislative approval rules establishing requirements for the size and type of lettering a licensee is permitted to use in an advertisement for prices or rates.(c) A person who violates this section or a rule adopted under this section commits an unfair and deceptive act or practice within the meaning of section one hundred four, article six, chapter forty-six-a of this code.(d) A corporate licensee may not use the same name as, or a name deceptively similar to, the name of any domestic corporation existing under the laws of this state, or the name of any foreign corporation authorized to transact business in this state, except as otherwise provided by the commissioner or Secretary of State pursuant to law.
WV Code § 32A-2-28 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 2. Checks and Money Order Sales, Money Transmission Services, Transportation and Currency Exchange|§32A-2-28. Revocation or Suspension of Authorized Delegates

(a) The commissioner may issue an order suspending an authorized delegate, or barring a person from becoming an authorized delegate of any licensee, during the period for which the order is in effect. Upon issuance of the order, the licensee shall terminate its relationship with the authorized delegate according to the terms of the order. Orders may be issued if, after notice and a hearing, the commissioner finds that any authorized delegate of a licensee or any administrator, officer, employee or principal of the authorized delegate: (1) Has violated a provision of this article or of any rule or order issued under this article;(2) Has engaged in or participated in an unsafe or unsound act with respect to the business of selling or issuing payment instruments of the licensee or the business of money transmission; or (3) Has made or caused to be made in any application or report filed with the commissioner or in any proceeding before the commissioner a statement that was, at the time and in the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in the application or report a material fact required to be stated.(b) An authorized delegate to whom an order is issued under this section may apply to the commissioner to modify or rescind the order. The commissioner may not grant the application unless the commissioner finds that it is in the public interest to do so and that it is reasonable to believe that the person will comply with all applicable provisions of this chapter and of any rule and order issued under this chapter if the order is modified or rescinded. (c) The right of a person to whom an order is issued under this section to petition for judicial review of an order is not affected by the failure of the person to apply to the commissioner to modify or rescind the order.