reglab/housing_qa huggingface dataset:
WV Code § 19-2C-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-6. Requirements for Apprentice Auctioneer License

(a) A person seeking an apprentice auctioneer license shall furnish to the commissioner, on forms provided by the commissioner, satisfactory proof that he or she:(1) Has a good reputation;(2) Is a trustworthy character;(3) Is a citizen of the United States; and(4) Has taken and passed a written examination relating to the skills and knowledge of the statutes and rules governing auctioneers.(b) An apprentice auctioneer may take the examination to become an auctioneer after completing one of the following:(1) Serving a two-year apprenticeship under a licensed auctioneer; or(2) Attending a nationally accredited graduate school of auctioneering, approved by the commissioner, and serving an apprenticeship of six months.(c) Before an apprentice auctioneer may take the auctioneers examination, the apprentice auctioneer shall conduct at least six auction sales under the direct supervision of the sponsoring auctioneer. The commissioner may waive the requirements of this section, on an individual basis, upon the presentation of written evidence that the applicant has educational training or exceptional experience in the auctioneering profession and that the applicant has been unable to obtain sponsorship by a licensed auctioneer: Provided, That the commissioner may not waive apprenticeship requirements for an applicant without the concurrence of the board of review.(d) When an apprentice auctioneer is discharged or terminates his or her employment with an auctioneer for any reason, the auctioneer shall immediately provide written notification to the commissioner. No discharged or terminated apprentice auctioneer may thereafter perform any acts under the authority of his or her license until the apprentice auctioneer receives a new license bearing the name and address of his or her new employer. No more than one license may be issued to an apprentice auctioneer for the same period of time.(e) The commissioner may not issue an apprentice auctioneer license until bond has been filed. All apprentice auctioneer licenses expire on June 30 of each year, but are renewable upon the payment of the annual fee: Provided, That an apprentice auctioneer may continue to perform auctions for up to 20 days after June 30, so long as he or she has submitted the required paperwork to renew his or her apprentice auctioneer license: Provided, however, That licenses issued in 2019 shall continue to be active through June 30, 2020.(f) A person cannot be licensed as an apprentice auctioneer for more than three years without applying for an auctioneer license. Should an apprentice auctioneer allow the three year limit to lapse, then the apprentice auctioneer shall be required to take the apprentice examination and meet all the requirements of this article.
WV Code § 19-2C-6a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-6a. Investigation of Complaints; Board of Review

(a) The Department of Agriculture may, upon its own action, and shall upon the verified written complaint of any person, investigate the actions of any auctioneer, apprentice auctioneer, any applicant for an auctioneers or apprentice auctioneers license, or any person who assumes to act in that capacity, if the complaint, together with other evidence presented in connection with it, establishes probable cause. Upon verification of the complaint, the department shall present the complaint to the board of review. The board of review shall consider all of the facts of the complaint and recommend a course of action to the commissioner.(b) The board of review shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall consist of three members, each appointed for a staggered three-year term. Two members of the board of review shall be licensed auctioneers in West Virginia and residents of this state and shall have been licensed and been practicing the profession of auctioneering for five years immediately preceding their appointment. The third member shall be a lay person from the commercial or agricultural community who has utilized services of auctioneers for at least three years. No more than two board members shall be from any one congressional district and no more than two members shall be from the same political party. Board members shall receive no compensation for their service on the board, but shall be entitled to receive reimbursement for expenses in accordance with the Department of Agriculture travel regulations. There shall be no limit on the number of consecutive terms a member may serve on the board. The Governor is authorized to fill a vacancy when it occurs on the board for any reason. An appointment to fill a vacancy shall be for the remainder of the existing term of the vacant position.
WV Code § 19-2C-6b (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-6b. Duties and Responsibilities of an Apprentice Auctioneer and a Sponsoring Auctioneer

(a) A licensed apprentice auctioneer shall only conduct or assist in auctions under the direct supervision of his or her sponsoring auctioneer. A licensed apprentice auctioneer may not enter into a contract to conduct an auction, unless the contract is cosigned by his or her sponsoring auctioneer.(b) The sponsoring auctioneer is responsible for:(1) The actions of an apprentice auctioneer to ensure adherence to state law; and(2) Training the apprentice auctioneer in all aspects of practical business functions and duties related to the auctioneering profession.(c) Should an apprentice auctioneer fail to pass both the written and oral examinations to become a fully licensed auctioneer in two consecutive testing sessions, the sponsorship will be terminated. The apprentice auctioneer will be permitted one additional opportunity to pass the oral and written auctioneer examinations only after serving another six month apprenticeship under a different sponsoring auctioneer.(d) A sponsoring auctioneer relieved of his or her sponsorship will not be considered for another sponsorship unless he or she provides a written affidavit to the commissioner that he or she fully understands the responsibilities of a sponsoring auctioneer and gives the details as to what additional training will be provided to a new apprentice auctioneer. If the commissioner or his or her representative approves the presented plan, then an auctioneer may be permitted to sponsor a new apprentice auctioneer.(e) If an apprentice auctioneer conducts an auction without the consent of his or her sponsoring auctioneer, then only the apprentice auctioneer is subject to the penalties set forth in this article.
WV Code § 19-2C-6c (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-6c. Procedure for Obtaining Reciprocal or Nonresident Auctioneer"s and Apprentice Auctioneer"s License

(a) To qualify for a license by reciprocity, the applicant must show evidence of licensing in another state for a period of one year preceding the date of application. The licensing may have been as an apprentice auctioneer or as an auctioneer. Provided this qualification is met and the applicant meets all the other requirements as required by this article and by regulation, he or she shall be licensed either as an apprentice auctioneer or as an auctioneer, based on a nonresident license, as the case may be.(b) When an applicants resident state has no licensing law for auctioneers or the applicants resident state has no written or oral examination associated with its licensing requirements, the Department of Agriculture shall require proof that the applicant has been a practicing auctioneer for a period of two years preceding the date of application. The proof shall be in the form of sale bills, contracts, sale permits and other such evidence acceptable to the commissioner. Provided this qualification is met, and the applicant meets other requirements for licensing as required by the statutes and regulations, the applicant shall be admitted to the next scheduled written and oral examination for auctioneers without being required to first serve an apprenticeship.
WV Code § 19-2C-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-7. Orders of Commissioner; Hearing; Review

Any order of the commissioner shall be served by him upon all persons affected thereby by registered mail. Within ten days of the receipt of such order any party adversely affected thereby may, in writing, request a hearing before the commissioner. Such hearing and any judicial review thereof shall be conducted in accordance with the applicable provisions of articles five and six, chapter twenty-nine-a of this code as if the same were set forth herein in extenso. The effect of any order shall be suspended during the course of any hearing or subsequent appeals.
WV Code § 19-2C-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-8. Penalties

(a) Criminal penalties. — Any person, firm, association or corporation violating a provision of this article or the rules, is guilty of a misdemeanor and, upon conviction, shall be fined not less than $250 nor more than $500 for the first offense, and not less than $500 nor more than $1,000 for the second and subsequent offenses. Magistrates have concurrent jurisdiction with circuit courts to enforce the provisions of this article.(b) Civil penalties. — Any person violating a provision of this article or the rules, may be assessed a civil penalty by the commissioner. (1) In determining the amount of the civil penalty, the commissioner shall give due consideration to the history of previous violations by the person, the seriousness of the violation, and the demonstrated good faith of the person charged in attempting to achieve compliance with this article before and after written notification of the violation. The commissioner may assess a penalty of not more than $500 for a first offense, and not more than $1,000 for each second and subsequent offense. (2) In addition to a penalty assessed against an unlicensed auctioneer for practicing without the required license, the commissioner may assess penalties against an unlicensed auctioneer for violations of the provisions of this article that would have applied to the individuals conduct had he or she held the required license.(3) The civil penalty is payable to the State of West Virginia and is collectible in any manner provided for collection of debt. If any person liable to pay the civil penalty neglects or refuses to pay the penalty, the amount of the civil penalty, together with interest at 10 percent, is a lien in favor of the State of West Virginia upon the property, both real and personal, of the person after the same has been entered and docketed to record in the county where the property is situated. The clerk of the county, upon receipt of the certified copy of the lien, shall enter it to record without requiring the payment of costs as a condition precedent to recording.(c) No state court may allow for the recovery of damages for any administrative action taken if the court finds that there was probable cause for such action.
WV Code § 19-2C-8a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-8a. Revocation

In addition to the penalties in section eight of this article, the commissioner may, by order, suspend, deny or revoke any license granted hereunder for any violation of this article or the rules and regulations promulgated hereunder or for any of the following reasons:(a) Obtaining a license through false or fraudulent representation;(b) Making any substantial misrepresentation in any application for an auctioneers or apprentice auctioneers license;(c) Engaging in a continued or flagrant course of misrepresentation or for making false promises through an agent, advertisement or otherwise;(d) Failing to account for or remit within a reasonable time any money belonging to others that comes into his or her possession;(e) Being convicted in any court of competent jurisdiction of this state or any other state of a criminal offense involving moral turpitude or a felony; or for failing to notify the department of any such conviction within 15 days of conviction;(f) Violating any other laws related to the conduct of auctions or auctioneering;(g) Engaging in any conduct of an auctioneer which demonstrates dishonesty or incompetency;(h) Engaging in any other conduct that constitutes fraudulent or dishonest dealing; (i) Engaging in any other unethical conduct in the contexts of his or her work as an auctioneer; and(j) Acting as an attorney for a client.Any auctioneer or apprentice auctioneer who has had his or her license suspended or revoked shall not be issued another such license until a period not to exceed two years has elapsed from the date of revocation. The commissioner may also require the successful completion of the examinations required for an auctioneers license or an apprentice auctioneers license.
WV Code § 19-2C-9a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-9a. Escrow Accounts

Each auctioneer shall maintain an escrow account and deposit all moneys from each sale from an auction in the escrow account within twenty-four hours of the completion of the sale or on the first business day following the sale, unless the owner or consignor was paid in cash directly at the end of the sale.
WV Code § 19-2C-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2C. Auctioneers|§19-2C-10. Advertising

In advertising an auction sale by any licensed auctioneer, the principal auctioneer or auctioneers who physically conduct the sale shall be listed prominently in such advertising as used by said auctioneer or auctioneers. The individual auctioneer or auctioneers who conduct the sale shall be the person or persons who call for, accept and close bids on the majority of items offered for sale.Any apprentice auctioneer who advertises, as provided in this section, shall indicate in his or her advertisement the name of the sponsoring auctioneer under whom he or she is licensed.The auctioneers name and license number shall be displayed in equal prominence with the name of the apprentice auctioneer and license number in such advertisement.Nothing in the provisions of this article shall be construed so as to prohibit any other auctioneer, licensed pursuant to this article, from assisting with any auction, notwithstanding the failure to list the name of the other auctioneer in any advertising associated with such auction.It is unlawful to conduct or advertise that an auction is absolute if minimum opening bids are required or other conditions are placed on the sale that limit the sale other than to the highest bidder.No property other than the property of a specified deceased person or the property of a specified living persons estate may be sold at auction if the auction is conducted or advertised only as an estate auction. However, property other than that of the specified estate may be sold at the sale if all advertisements for the sale specify that items will be sold that do not belong to the estate and those items are identified at the sale.
WV Code § 19-2D-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2D. Imitation Honey Product Law|§19-2D-1. Definitions

Honey means the nectar and saccharine exudation of plants as gathered, modified and stored in comb by honeybees."Imitation honey" means any mixture of sugars with or without honey as one of the constituent ingredients, which has been manufactured to represent honey."Label" means all written, printed or graphic information upon, attached to or accompanying product containers or wrappers."Package" means any container or wrappings in which a product is enclosed for use in the delivery or display of that product to retail purchasers."Person" means any individual, firm, corporation, association or any other group of people or business unit whether or not they are incorporated.
WV Code § 19-2D-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2D. Imitation Honey Product Law|§19-2D-2. Labeling

(a) No person shall manufacture, package, label, sell, keep for sale, expose or offer for sale, any article or product represented to be honey or to contain honey unless the product ingredient is honey, as defined in this article.(b) No person shall sell, expose or offer for sale any product, compound or mixture of sugars labeled as or for honey, with or without honey as a constituent ingredient, unless the product, compound or mixture of sugars is labeled "imitation honey" with the word "imitation" appearing in letters equal in size to the letters used to spell "honey."
WV Code § 19-2D-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2D. Imitation Honey Product Law|§19-2D-3. Penalties

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for the first offense, be fined not more than $100, and upon conviction for each subsequent offense be fined not more than $500.
WV Code § 19-2E-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2E. Humane Slaughter of Livestock|§19-2E-1. Title

This article shall be known by the short title of "The Humane Slaughter Act of 1982."
WV Code § 19-2E-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2E. Humane Slaughter of Livestock|§19-2E-2. Declaration of Purpose

The purpose of this article is to restrict the methods used to slaughter cattle, sheep, swine and goats in commercial slaughtering establishments in West Virginia to those approved as humane techniques.
WV Code § 19-2E-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2E. Humane Slaughter of Livestock|§19-2E-3. Definitions

As used in this article:(a) "Commercial slaughtering establishments" means a person engaged for profit in this state in the business of slaughtering or dressing animals for human consumption which are to be sold or offered for sale through a commercial outlet or establishment;(b) "Commissioner" means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives;(c) "License" means any person licensed under the provisions of article two-b, chapter nineteen of the Code of West Virginia;(d) "Person" means any individual, partnership, corporation, association, fiduciary or other group of persons whether organized or not;(e) "Livestock" means cattle, swine, sheep or goats.
WV Code § 19-2E-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2E. Humane Slaughter of Livestock|§19-2E-4. Commissioner to Enforce Article; Rules and Regulations; Effective Date

The commissioner shall administer and enforce the provisions of this article and shall have authority to issue regulations, after a public hearing, following due notice to all interested persons in conformance with the provisions of the state administrative procedures as set forth in chapter twenty- nine-a of this code, to carry out the provisions of the article. Commercial slaughtering facilities shall be in compliance with the provisions of this article within six months after the effective date of the article.
WV Code § 19-2E-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2E. Humane Slaughter of Livestock|§19-2E-5. Methods of Humane Slaughter

(a) Livestock, before being shackled, hoisted, thrown, cast or cut must be rendered insensible to pain by a single blow, gunshot or by electrical, chemical or other means that is safe, rapid and effective; or(b) By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument as well as handling techniques in connection with such slaughtering; or(c) By slaughtering in accordance with any method of humane slaughter approved by the United States Department of Agriculture.
WV Code § 19-2E-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2E. Humane Slaughter of Livestock|§19-2E-6. Penalties

Any person violating any provision of this article or regulations adopted hereunder shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500, and for the second offense, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 and shall have the license to do business as a slaughtering establishment, under article two-b, chapter nineteen of the Code of West Virginia, suspended until the facility is in compliance with the provisions of this article.
WV Code § 19-2E-7 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2E. Humane Slaughter of Livestock|§19-2E-7. Severability

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 the article which can be given effect without the invalid provision or application, and to this end the provisions of the article are declared to be severable.
WV Code § 19-2F-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-1. Purpose

The purpose of this article is to promote and stimulate, through research, education, advertising and other methods, the increased and efficient production, distribution, sale and use of cattle and beef products by providing a means and procedure for financing a promotional program for the West Virginia cattle industry through activities of the West Virginia Beef Industry Council.
WV Code § 19-2F-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-2. Definitions

As used in this article:(1) "Council" means the West Virginia Beef Industry Council.(2) "Commissioner" means the Commissioner of the West Virginia Department of Agriculture.(3) "Person" means an individual, partnership, corporation, association, fiduciary, or other group of persons acting together whether organized or not.(4) "Producer" means any person in the business of raising, breeding or growing cattle or calves for beef production.
WV Code § 19-2F-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 2F. Beef Industry Self-Improvement Assessment Program|§19-2F-3. Petition for Referendum; Public Hearing; Notice

(a) Producers may petition the Commissioner to conduct a referendum of West Virginia producers authorizing the levying of an assessment for the purposes set forth in this article: Provided, That no referendum may be held until the provisions of 7 U.S.C. §2901 et seq., the federal beef research and information program, have terminated.(b) The Commissioner, when petitioned by no less than fifty producers, must hold a public hearing no more than forty-five days after receipt of the petition to decide whether a referendum should be held to establish an assessment on the sale of beef and dairy cattle, the amount of the assessment and the duration of the assessment. The Commissioner shall give no less than fifteen days notice of the public hearing including the date, time and place of the public hearing. If a majority of those present vote in favor of holding the referendum, including the amount and duration of the proposed assessment, the Commissioner shall notify the Council to schedule and hold a referendum on the proposed assessment.