reglab/housing_qa huggingface dataset:
WV Code § 24E-1-11 (2021)
2021 West Virginia Code|Chapter 24E. Statewide Addressing and Mapping|Article 1. West Virginia Statewide Addressing and Mapping Board|§24E-1-11. Termination of Board; Transfer of Duties and Title; Legislative and Emergency Rules; Advisory Board

(a) The board shall terminate on July 1, 2009, after which it shall have one year to wind up its affairs pursuant to the provisions of article ten, chapter four of this code. Upon final termination, the board shall transfer all its right, title and interest to any maps, compilations or other works that it created as a result of the statewide addressing and mapping to the respective county commissions.(b) Upon final termination of the board, county commissions shall maintain and update the addressing and mapping systems within their respective jurisdictions under the standards established by the board, as updated thereafter by the Division of Homeland Security and Emergency Management of the Department of Military Affairs and Public Safety under this section, and shall supply the updated information to the division in the format it establishes through its rule-making authority.(c) Except as provided in subsection (b) of this section, upon final termination of the board, the powers and duties of the board shall be transferred to the Division of Homeland Security and Emergency Management. (d) Prior to the final termination of the board, the division may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which shall become effective only upon the final termination of the board. The rules shall:(1) Maintain and update the standards for statewide addressing and mapping;(2) Establish standard reasonable fees, based on cost, to be charged by county commissions for copies or use of any maps, compilations or other works created as a result of the statewide addressing and mapping, subject to the exemptions provided under section nine of this article;(3) Govern centralization and interoperability of the county systems within the integrated statewide addressing and mapping system; and(4) Ensure the public safety in any manner the division considers advisable.(e) Upon final termination of the board, the division may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the purposes set forth in this article.(f) Upon final termination of the board, the division may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.(g) Rules in effect as of the reenactment of this article during the 2007 regular session will remain in effect until amended, modified, repealed or replaced pursuant to this article.(h) Effective July 1, 2010, the statewide addressing and mapping board shall become an advisory board within the Division of Homeland Security and Emergency Management and will continue to be composed as set forth in this article and the members will serve at the will and pleasure of the Governor.
WV Code § 24E-1-12 (2021)
2021 West Virginia Code|Chapter 24E. Statewide Addressing and Mapping|Article 1. West Virginia Statewide Addressing and Mapping Board|§24E-1-12. Liberal Construction

This article is remedial and is to be construed liberally in order to effectuate its purposes.
WV Code § 24F-1-1 (2021)
2021 West Virginia Code|Chapter 24F. Veterans' Grave Markers|Article 1. Veterans' Grave Markers|§24F-1-1. Legislative Findings

(a) The Legislature finds that it is in the public interest to regulate transactions between cemeteries, companies that set and install memorial monument markers and veterans in the fees and total charges for the setting of United States department of veterans' affairs grave markers at the graves of deceased United States Armed Forces veterans by authorizing the Public Service Commission to regulate the fees and total charges.(b) The Legislature further finds that the Public Service Commission is the appropriate agency to determine the reasonable rates as charged by these cemeteries and companies that set and install memorial monument markers for the setting of these markers.
WV Code § 24F-1-2 (2021)
2021 West Virginia Code|Chapter 24F. Veterans' Grave Markers|Article 1. Veterans' Grave Markers|§24F-1-2. Powers and Duties

(a) In addition to its other powers and duties, the Public Service Commission may determine, establish and modify, in a manner that it considers appropriate, the fees and total charges imposed by cemeteries and companies that set and install memorial monument markers for the setting of United States department of veterans' affairs grave markers at the graves of deceased United States Armed Forces veterans.If the commission establishes fees and total charges as authorized by this section, it shall establish:(1) A maximum fee schedule to be designated "the regional permanent endowment care fund" which represents the costs to a cemetery for the perpetual care of the grave marker; and(2) A maximum fee schedule to be designated as "the regional installation fees" which represents the costs of installation of the veteran grave marker.Any fees established under this section shall consider regional market forces and may consider classes of veterans' markers or any other relevant conditions. The fees described in this section, when added together, shall be designated as the "total charges" permitted for the installation of a veteran's affairs memorial marker. No other fees, charges or other costs may be assessed to the veteran's estate or family for the installation or maintenance of the veteran's grave marker.(b) Any fees and total charges established by the Public Service Commission may only apply to the installation of memorial markers that are provided to the veteran without charge by the U.S. government upon application.
WV Code § 24F-1-3 (2021)
2021 West Virginia Code|Chapter 24F. Veterans' Grave Markers|Article 1. Veterans' Grave Markers|§24F-1-3. Cemeteries and Companies That Set and Install Memorial Monument Markers Affected by Rate Regulation for Setting of Department of Veterans' Affairs Grave Markers

Unless otherwise exempted in accordance with section six, article five-a, chapter thirty-five of this code, all cemeteries, cemetery associations, cemetery companies and perpetual care cemetery companies, irrespective of how each may be defined in articles five, five-a and five-b, chapter thirty-five of this code, and companies that set and install memorial monument markers fall within the purview of the regulatory powers exercised by the Public Service Commission in accordance with this chapter.
WV Code § 24F-1-3a (2021)
2021 West Virginia Code|Chapter 24F. Veterans' Grave Markers|Article 1. Veterans' Grave Markers|§24F-1-3a. Setting of Department of Veterans' Affairs' Grave Markers by Cemeteries and Companies That Set and Install Memorial Monument Markers

All cemeteries, cemetery associations, cemetery companies and perpetual care cemetery companies, irrespective of how each may be defined in articles five, five-a and five-b, chapter thirty-five of this code, and companies that set and install memorial monument markers shall not deny a person or entity the opportunity for installation and maintenance of United States Department of Veterans' Affairs' grave markers at the graves of deceased United States Armed Forces veterans for the total charges authorized by section two of this article.
WV Code § 24F-1-4 (2021)
2021 West Virginia Code|Chapter 24F. Veterans' Grave Markers|Article 1. Veterans' Grave Markers|§24F-1-4. Enforcement Powers

The Public Service Commission may compel obedience to its lawful orders, as issued pursuant to this chapter, by mandamus or injunction or other proper proceedings in the name of the state in any circuit court having jurisdiction of the parties or of the subject matter, or the Supreme Court of Appeals direct, and the proceedings shall have priority over all pending cases.
WV Code § 24F-1-5 (2021)
2021 West Virginia Code|Chapter 24F. Veterans' Grave Markers|Article 1. Veterans' Grave Markers|§24F-1-5. Review of Final Orders of Commission

Any party feeling aggrieved by the entry of a final order by the commission, which affects that party, may present a petition in writing to the Supreme Court of Appeals, or to a judge thereof in vacation, within thirty days after the entry of the order praying for the suspension of the final order. The applicant shall deliver a copy of the petition to the secretary of the commission on or before the date the petition is presented to the court or the judge and the secretary shall promptly file with the clerk of the court all papers, documents, evidence and other records constituting the complete record in the case or certified copies of the records that were before the commission at the time of the entry of the order which is appealed. The court or judge shall fix a time for the hearing on the application, but the hearing, unless by agreement of the parties, may not be held sooner than five days after its presentation; and notice of the time and place of the hearing shall be immediately delivered to the secretary of the commission. The commission may be represented at the hearing by one or more of its members or by counsel. After hearing the appeal, if the court or judge is of the opinion that an order suspending order should be issued, the court or the judge may require bond, upon reasonable conditions and in reasonable penalty, and impose terms and conditions upon the petitioner that are just and reasonable. Before the day fixed for the final hearing, the commission shall file a written statement of its reasons for the entry of the order with the court. After arguments by counsel, the court shall decide the matter in controversy.
WV Code § 24F-1-6 (2021)
2021 West Virginia Code|Chapter 24F. Veterans' Grave Markers|Article 1. Veterans' Grave Markers|§24F-1-6. Cemeteries and Companies That Set and Install Memorial Monument Markers Not Regulated as Utilities

No provision of this chapter may be construed to grant the Public Service Commission the power to regulate an affected cemetery or a company that sets and installs memorial monument markers as a utility.
WV Code § 25-1A-1 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-1. Definitions

As used in this article,(a) "Civil action" means any action or appeal from an action filed by any current or former inmate or his or her personal representative with respect to conditions of confinement, including, but not limited to, petitions for extraordinary writs, civil actions under 42 U.S.C. §1983 and other federal and state laws and negligence actions. Actions that exclusively concern an inmate's sentence or conviction are not subject to the requirements of this article.(b) "Correctional facility" means any county jail, regional jail or any facility operated by the Division of Corrections, the West Virginia Regional Jail and Correctional Facility Authority or Division of Juvenile Services for the confinement of inmates.(c) "Inmate" means any person confined in a correctional facility who is accused of, convicted of, sentenced for or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release or a diversionary program.
WV Code § 25-1A-2 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-2. Exhaustion of Ordinary Administrative Remedies

(a) As used in this section, an "ordinary administrative remedy" is a formal administrative process by which an inmate submits a grievance seeking redress or presenting concerns regarding any general or particular aspect of prison life which does not involve violence, sexual assault or sexual abuse against an inmate. An ordinary administrative remedy includes, but is not limited to, complaints concerning food quality, health care, appeals of prison discipline, physical plant, classification, staff treatment or some other alleged wrong.(b) The Commissioner of the Division of Corrections and the Executive Director of the Regional Jail Authority are authorized to establish procedures for ordinary administrative remedies according to their respective authority for issuance of policies governing the conduct of inmates.(c) An inmate may not bring a civil action regarding an ordinary administrative remedy until the procedures promulgated by the agency have been exhausted.(d) An ordinary administrative remedy is considered exhausted when the inmate's grievance complies with duly promulgated rules and regulations regarding inmate grievance procedures, has been accepted, fully appealed and has received a final decision from the Commissioner of Corrections or the Commissioner's designee, or the Executive Director of the Regional Jail Authority, or the director's designee.(e) The agency shall issue a final decision regarding an ordinary administrative remedy no later than sixty days from the date the inmate filed his or her initial grievance. Computation of the sixty-day time period shall not include time consumed by inmates in preparing any administrative appeal. The agency may claim an extension of time to issue a final decision regarding an ordinary administrative remedy of up to thirty days if the sixty day final decision time frame is insufficient to make an appropriate decision, except in cases involving a threat to health, life or safety of the prisoner. The agency shall notify the inmate in writing of any such extension and provide a date by which the final decision regarding an ordinary administrative remedy will be made.
WV Code § 25-1A-3 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-3. Payment of Filing Fees and Court Costs

(a) Notwithstanding any other provision of this code, an inmate may not file with any court of this state a civil action without the payment of filing fees as set forth in this section: Provided, That the collection of the full filing fee is not required before the inmate's claim may be filed and served.(b) When an inmate seeks to file a civil action as an indigent and requests that customary filing fees and court costs be waived, the clerk of the court in which the inmate has filed his or her complaint shall notify the warden or designated representative of the facility in which the inmate resides of the inmate's request and the amount of filing costs. Once the facility receives notification, the custodian of the inmate's trust account shall immediately compute the average monthly balance of the inmate's trust account over the preceding three-month period and deduct from the inmate's trust account thirty percent of the average balance as a partial filing fee. The custodian shall deduct that same amount or up to thirty percent of the balance of the inmate's trust account, whichever is greater, on a monthly basis until the filing fee is paid in full.(c) The custodian of the inmate's trust account shall place all funds deducted from the inmate's trust into a special account designated as the "filing fees account," to be established for each correctional facility and to be administered by the custodian and warden or chief administrator of each facility. Biannually the custodian and warden or chief administrator of the filing fees account shall distribute the balance of the account, minus any expense in maintaining that account, to the circuit clerk of the county in which the state correctional facility resides as a filing fee for all suits filed by indigent inmates of that facility.
WV Code § 25-1A-4 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-4. Judicial Review of Initial Pleading; Dismissal

(a) The court shall, prior to issuance of process, review the complaint, petition or other initial pleading to determine whether a civil action is frivolous or malicious as defined in subsection (b) of this section and fails to state a claim for which relief can be granted or seeks monetary relief from a party who is immune from such relief. If the complaint, petition or other initial pleading is frivolous or malicious, fails to state a claim for which relief can be granted or seeks monetary relief from a party who is immune from such relief, the court shall not issue process and shall dismiss the case.(b) A civil action is frivolous or malicious if it:(1) Has no arguable basis in fact or law; or(2) Is substantially similar to a previous civil action in which the inmate did not substantially prevail, either in that it is brought against the same parties or in that the civil action arises from the same operative facts of a previous civil action; or(3) Has been brought with the intent to harass an opposing party.
WV Code § 25-1A-5 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-5. Hearings

(a) To the extent practicable, a court shall conduct pretrial proceedings in any civil action in which an inmate's participation is required or permitted by telephone, video conference or other telecommunications technology without removing the inmate from the facility in which an inmate is confined.(b) Subject to the agreement of the official with custody over an inmate, the court may conduct hearings at the correctional facility in which an inmate is confined. To the extent practicable, the court shall allow counsel to participate by telephone, video conference or other communications technology in any hearing held at the facility.(c) No court may compel the commissioner of the Division of Corrections or warden of any correctional facility operated by the Division of Corrections or the executive director of the West Virginia Regional Jail and Correctional Facility Authority or any administrator of any facility operated by the West Virginia Regional Jail and Correctional Facility Authority to transport to court any inmate having a maximum security classification if the warden or administrator of the facility tenders to the court an affidavit attesting to the custody level of the inmate and stating that, in the warden's or administrator's opinion, the inmate possesses a substantial risk of escape if transported. If a warden or administrator files an affidavit, then the warden or administrator shall, upon demand of the court, provide suitable room to conduct any trial or hearings at which an inmate's presence is required. The warden or administrator shall allow the court, counsel and all court personnel access to the correctional facility to conduct the proceedings the court considers necessary.
WV Code § 25-1A-6 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-6. Loss of Good-Time Credit

Upon a finding by the court that a civil action is frivolous, malicious or intended to harass the party against whom the civil action is brought or that the inmate knowingly testified falsely or otherwise knowingly presented false evidence or information to the court, the court may order that the inmate forfeit earned good-time credit. A court may take additional evidence to determine the appropriate amount of good-time credit to be forfeited.
WV Code § 25-1A-7 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-7. Court-Ordered Payments

Any compensatory damages awarded to an inmate in connection with a civil action, after deduction for any attorney fees, shall be paid directly to satisfy any outstanding court-ordered payments pending against the inmate, including, but not limited to, restitution or child support. The remainder of the award after full payment of all pending court orders shall be forwarded to the inmate.
WV Code § 25-1A-8 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1A. West Virginia Prisoner Litigation Reform Act|§25-1A-8. Attorney Fees

(a) In any action based upon prison conditions brought under any statute or Constitutional provision, if attorney fees are recoverable pursuant to any state statute, no attorney fees shall be awarded to a prisoner, except to the extent that:(1) The fees were directly and reasonably incurred by an attorney in proving an actual violation of prisoner's rights protected by the Constitution or statute; and(2) The amount of the fees is proportionately related to the court-ordered relief for the violation, or the fees were directly and reasonably incurred in enforcing the relief ordered for the violation.(b) Nothing in this section shall prohibit a prisoner from entering into an agreement to pay an attorney fee in excess of the amount authorized in this section, if the fee is paid by the prisoner rather than by another party to a civil action.
WV Code § 25-1B-1 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1B. West Virginia Correctional Center Nursery Act|§25-1B-1. Authorization; Definitions

(a) The Division of Corrections may establish a correctional center nursery in one or more of the correctional centers for women operated by the division. The program would allow eligible inmates and children born to them while in the custody of the division to reside together in the institution. In establishing this program, neither the inmate's participation in the program nor any provision of this article shall affect, modify or interfere with the inmate's custodial rights to the child nor does it establish legal custody of the child with the division.(b) As used in this article:(1) "Correctional Center Nursery Program" means the program authorized by this article.(2) "Public assistance" means all forms of assistance, including monetary assistance from any public source paid either to the mother or child or any other person on behalf of the child.(3) "Support" means the payment of money, including interest:(A) For a child or spouse ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent or modified order, the amount of unpaid support shall bear simple interest from the date it accrued, at a rate of $10 upon $100 per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time;(B) To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent or mortgage payments, payments on an automobile or payments for day care; or(C) For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.(4) "Support order" means an award of support by order of a court of competent jurisdiction.
WV Code § 25-1B-2 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 1B. West Virginia Correctional Center Nursery Act|§25-1B-2. Eligible Inmates

An inmate is eligible to participate in the Correctional Center Nursery Program if she is pregnant at the time she is delivered into the custody of the Division of Corrections; she gives birth on or after the date the program is implemented; and she and the child meet any other criteria established by the division. Placement into the nursery program shall be by internal classification of the division. A sentencing court is without jurisdiction to order a placement of an inmate into the nursery program.