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WV Code § 32B-2-10 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-10. Procedure for Entry of an Order

(a) The commissioner may commence an administrative proceeding under this chapter by entering a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but it shall be in writing.(b) Upon entry of a notice of intent or summary order, the commissioner shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, then the commissioner shall inform all interested parties of the date, time and place set for the hearing in the notice. If the proceeding is pursuant to a summary order, then the commissioner shall inform all interested parties that they have thirty business days from the entry of the order to file a written request for a hearing on the matter with the commissioner and that the hearing will be scheduled to commence within thirty business days after the receipt of the written request.(c) If the proceeding is pursuant to a summary order, then the commissioner, whether or not a written request for a hearing is received from any interested party, may set a hearing on the matter on the commissioner's own motion.(d) If no hearing is requested and none is ordered by the commissioner, then the summary order will automatically become a final order after thirty business days.(e) If a hearing is requested or ordered, then the commissioner, after notice of and an opportunity for a hearing is made to all interested persons, may modify or vacate the order or extend it until final determination.(f) No final order or order after a hearing may be returned without:(1) Appropriate notice to all interested persons;(2) Opportunity for hearing by all interested persons; and(3) Entry of written findings of fact and conclusions of law.(g) Every hearing in an administrative proceeding under this chapter is public unless the commissioner grants a request joined in by all the respondents that the hearing be conducted privately.
WV Code § 32B-2-11 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-11. Judicial Review of Orders

(a) Any person aggrieved by a final order of the commissioner may obtain a review of the order in the circuit court of Kanawha County by filing, within sixty days after the entry of the order, a written petition requesting that the order be modified or set aside, in whole or in part. A copy of the petition for review shall be served upon the commissioner.(b) Upon the filing of a petition for review, except where the taking of additional evidence is ordered by the court pursuant to the provisions of subsection (e) or (f) of this section, the court has exclusive jurisdiction of the matter and the commissioner may not modify or set aside the order, in whole or in part.(c) The filing of a petition for review under the provisions of subsection (a) of this section, does not, unless specifically ordered by the court, operate as a stay on the commissioner's order, and the commissioner may enforce or ask the court to enforce the order pending the outcome of the review proceedings.(d) Upon receipt of the petition for review, the commissioner shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under the provisions of subsection (d), section ten of this article, then the commissioner shall certify and file in court the summary order and evidence of its service upon the parties and an affidavit certifying that no hearing has been held and that the order became final pursuant to the provisions of subsection (d), section ten of this article.(e) If either the aggrieved party or the commissioner applies to the court for leave to present additional evidence, and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the commissioner or other good cause, then the court may order the additional evidence to be taken by the commissioner under such conditions as the court considers proper.(f) If new evidence is ordered to be taken by the court, then the commissioner may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.(g) The court shall review the petition based upon the original record before the commissioner as amended under the provisions of subsections (e) and (f) of this section. The findings of the commissioner as to the facts, if supported by competent, material and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce or set aside the order, in whole or in part.(h) The judgment of the circuit court is subject to review by the Supreme Court of Appeals of this state.
WV Code § 32B-2-12 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-12. Pleading Exemptions

It is not necessary to negate any of the exemptions of this chapter in any complaint, information or indictment, or in any writ or proceeding brought under this chapter, and the burden of proof of any such exemption is upon the party claiming the exemption.
WV Code § 32B-2-13 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-13. Affirmative Defense

(a) It is a defense in any complaint, information, indictment, writ or proceeding brought under this chapter alleging a violation of the provisions of section two, article one of this chapter, based solely on the failure in an individual case to make physical delivery within the applicable time period under the provisions of subsection (e), section one or subdivision (2), subsection (a), section four, article one of this chapter if:(b) Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or the seller's affiliates, subsidiaries or successors; and(c) Physical delivery was completed within a reasonable time under the applicable circumstances.
WV Code § 32B-3-1 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 3. Notice Filing|§32B-3-1. Definitions

(a) "Commodity broker-dealer" means any person engaged in the business of effecting transactions in commodity contracts or commodity options, as defined in article one of this chapter, for the account of others or for the person's own account.(b) "Commodity sales representative" means any person authorized to act and that is acting for a commodity broker-dealer in effecting or attempting to effect a transaction in a commodity contract or a commodity option.(c) All commodity broker-dealers and commodity sales representatives shall provide notice to the commissioner of securities on a form prescribed by the commissioner of securities that they are doing business in sales, offers or other nonexempt transactions involving sales of commodities. All notices shall contain such information as the commissioner of securities determines necessary or appropriate to facilitate the administration of this chapter.(d) The notice does not constitute the granting of a license, registration or other authorization to do business under this chapter but is to be maintained as a record of those engaged in commodities transactions in the state.
WV Code § 32B-4-1 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 4. Severability and Saving Provisions|§32B-4-1. Severability of Provisions

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, then the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application. To this end, the provisions of this chapter are severable.
WV Code § 32B-4-2 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 4. Severability and Saving Provisions|§32B-4-2. Saving Provisions

(a) Prior law exclusively governs all suits, actions, prosecutions or proceedings that are pending or may be initiated on the basis of facts or circumstances occurring before the effective date of this chapter, except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within the period of limitation that applied when the cause of action accrued, and in any event, within three years after the effective date of this chapter.(b) All administrative orders applicable to this chapter remain in effect so long as they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, entered or imposed under this chapter, but are governed by prior law.(c) Prior law applies in respect of any offer or sale made prior to the effective date of this chapter pursuant to an offering begun in good faith before its effective date on the basis of an exemption available under prior law. Fraudulent transactions or transactions in violation of the federal commodities trading laws are expressly subject to the provisions of this chapter regardless of whether they were undertaken prior to the effective date of this chapter.(d) Judicial review of all administrative orders in which review proceedings have not been instituted by the effective date of this chapter are governed by section eleven of this article, except that no review proceeding may be instituted unless the petition is filed within the period of limitation that applied to a review proceeding when the order was entered and, in any event, within sixty days after the effective date of this chapter.
WV Code § 33-1-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-1. Insurance

Insurance is a contract whereby one undertakes to indemnify another or to pay a specified amount upon determinable contingencies.
WV Code § 33-1-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-2. Insurer

Insurer is every person engaged in the business of making contracts of insurance. Insurer includes private carrier as that term is used in chapter twenty-three of this code.
WV Code § 33-1-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-3. Person

Person includes an individual, company, insurer, association, organization, society, reciprocal, partnership, syndicate, business trust, corporation or any other legal entity.
WV Code § 33-1-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-5. Commissioner

Commissioner means the Insurance Commissioner of West Virginia.
WV Code § 33-1-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-6. Domestic Insurer

A domestic insurer is an insurer formed under the laws of West Virginia.
WV Code § 33-1-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-7. Foreign Insurer

A foreign insurer is an insurer formed under the laws of the United States or of another state of the United States.
WV Code § 33-1-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-8. Alien Insurer

An alien insurer is an insurer formed under the laws of a country other than the United States.
WV Code § 33-1-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-9. State; United States

State means any state, commonwealth, territory, or district of the United States. United States includes the states, territories, districts and commonwealths thereof.
WV Code § 33-1-11 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-11. Reinsurance

Reinsurance is a contract of indemnity against liability by which an insurer procures another insurer to insure it against loss or liability by reason of the original insurance.
WV Code § 33-1-12 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-12. Agent

An insurance agent is an individual appointed by an insurer to solicit, negotiate, effect or countersign insurance contracts in its behalf.
WV Code § 33-1-13 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-13. Solicitor

An insurance solicitor is an individual appointed and authorized by an agent to solicit and receive applications for insurance as a representative of such agent.
WV Code § 33-1-14 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-14. Broker

A broker is an individual who for compensation in any manner solicits, negotiates or procures insurance or the renewal or continuance thereof on behalf of insureds or prospective insureds.
WV Code § 33-1-15 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-15. Reciprocal Insurance

Reciprocal insurance is insurance resulting from an interexchange among persons known as subscribers of reciprocal agreements of indemnity, the interexchange being effected through an attorney-in-fact common to all such persons, and the group of such subscribers being a reciprocal insurer.
WV Code § 33-1-16 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-16. Policy

Policy means the contract effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements and papers attached thereto and a part thereof.
WV Code § 33-1-17 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-17. Premium

Premium is the consideration for insurance, by whatever name called.
WV Code § 33-1-18 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-18. Stock Insurer

Stock insurer is an incorporated insurer with capital divided into shares and owned by its shareholders.
WV Code § 33-1-19 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-19. Mutual Insurer

Mutual insurer is an incorporated insurer without permanent capital stock and the governing body of which is elected by the policyholders.
WV Code § 33-1-21 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 1. Definitions|§33-1-21. Emergency Services

(a) Emergency services are: Those services provided in or by a hospital emergency facility, an ambulance providing related services under the provisions of article four-c, chapter sixteen of this code or the private office of a dentist to evaluate and treat a medical condition manifesting itself by the sudden, and at the time, unexpected onset of symptoms that require immediate medical attention and that failure to provide medical attention would result in serious impairment to bodily function, serious dysfunction to any bodily organ or part, or would place the person's health in jeopardy. (b) From July 1, 1998, the following provisions apply:(1) "Emergency medical services" means those services required to screen for or treat an emergency medical condition until the condition is stabilized, including prehospital care;(2) "Prudent layperson" means a person who is without medical training and who draws on his or her practical experience when making a decision regarding whether an emergency medical condition exists for which emergency treatment should be sought;(3) "Emergency medical condition for the prudent layperson" means one that manifests itself by acute symptoms of sufficient severity, including severe pain, such that the person could reasonably expect the absence of immediate medical attention to result in serious jeopardy to the individual's health, or, with respect to a pregnant woman, the health of the unborn child; serious impairment to bodily functions; or serious dysfunction of any bodily organ or part;(4) "Stabilize" means with respect to an emergency medical condition, to provide medical treatment of the condition necessary to assure, with reasonable medical probability that no medical deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility: Provided, That this provision may not be construed to prohibit, limit or otherwise delay the transportation required for a higher level of care than that possible at the treating facility;(5) "Medical screening examination" means an appropriate examination within the capability of the hospital's emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition exists; and(6) "Emergency medical condition" means a condition that manifests itself by acute symptoms of sufficient severity including severe pain such that the absence of immediate medical attention could reasonably be expected to result in serious jeopardy to the individual's health or with respect to a pregnant woman the health of the unborn child, serious impairment to bodily functions or serious dysfunction of any bodily part or organ.
WV Code § 33-2-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 2. Insurance Commissioner|§33-2-1. Office Continued; Appointment, Qualifications and Term

There is hereby continued in effect the state agency heretofore created and known as the "Insurance Commissioner of West Virginia" which agency shall consist of an Insurance Commissioner and such employees as may be authorized by law. The term of the present commissioner shall continue until July 1, 1959. All appointments to said office made thereafter shall be for a period of six years, except that in case of a vacancy the appointment shall be made to fill the unexpired term. The commissioner shall be a citizen and resident of this state and shall be appointed by the Governor, by and with the advice and consent of the Senate. Before taking the oath of office the commissioner shall sever all connections either direct or indirect with any and all insurers subject to his supervision and with any person representing any such insurer, except as a policyholder or claimant.
WV Code § 33-2-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 2. Insurance Commissioner|§33-2-2. Compensation and Expenses of Commissioner and Employees; Location of Office

The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and actual expenses incurred in the performance of official business, which compensation shall be in full for all services. The office of the commissioner shall be maintained in the Capitol or other suitable place in Charleston. The commissioner may employ such persons and incur such expenses as may be necessary in the discharge of his or her duties and shall fix the compensation of such employees, but such compensation shall not exceed the appropriation therefor. The commissioner may reimburse employees for reasonable expenses incurred for job-related training and educational seminars and courses. All compensation for salaries and expenses of the commissioner and his or her employees shall be paid at least twice per month out of the State Treasury by requisition upon the Auditor, properly certified by the commissioner.
WV Code § 33-2-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 2. Insurance Commissioner|§33-2-3. Duties of the Commissioner; Employment of Legal Counsel

(a) The commissioner shall enforce the provisions of this chapter and section fifteen-a, article two of chapter forty-eight and perform the duties required thereunder; shall affix the commissioner's official seal to all documents and papers required to be filed in other states by domestic insurers and to other papers when an official seal is required; and shall, on or before the tenth day of each month, pay into the state Treasury all fees and moneys which he or she has received during the preceding calendar month.(b) Notwithstanding any provisions of this code to the contrary, the commissioner may acquire such legal services as are deemed necessary, including representation of the commissioner before any court or administrative body. Such counsel may be employed either on a salaried basis or on a reasonable fee basis. In addition, the commissioner may call upon the Attorney General for legal assistance and representation as provided by law.
WV Code § 33-2-3a (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 2. Insurance Commissioner|§33-2-3a. Administrative Investigations

(a) In addition to the authority granted to the fraud unit created in article forty-one of this chapter and to the workers' compensation fraud and abuse unit previously transferred to the commissioner pursuant to section one-b, article one, chapter twenty-three of this code, the commissioner has the authority to conduct investigations whenever he or she has cause to believe that a violation of any provision of this chapter or of chapter twenty-three of this code has been or is being committed.(b) Employees designated by the commissioner are permitted to operate vehicles owned or leased by the state displaying Class A registration plates when engaged in carrying out the investigative duties assigned to the commissioner by this chapter.
WV Code § 33-2-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 2. Insurance Commissioner|§33-2-5. Witness Fees

No person shall be excused from attending and testifying in obedience to a subpoena issued hereunder on the ground of failure of tender or payment of a witness fee or mileage fee unless the witness makes demand for such payment as a condition precedent to the giving of testimony or the production of documents required by the subpoena, and unless such payment is not thereupon made. No insurer, agent, broker, solicitor or other person subject to the provisions of this chapter whose conduct, condition or practices are being investigated, and no officer, director or employee of any such person, shall be entitled to witness or mileage fees. In the event that witness or mileage fees are demanded and paid, the amount of same shall be determined as $10 for each day of attendance and 10¢ per mile for each mile necessarily traveled to the place of attendance, and the same for returning. The sum to which a witness is entitled shall be paid out of the treasury in any case in which the attendance is for the commissioner. In all other cases, it shall be paid by the person at whose instance the summons is issued.
WV Code § 33-2-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 2. Insurance Commissioner|§33-2-6. Service of Subpoena; Compelling Compliance

The subpoena shall be served in the manner as if issued from a circuit court unless otherwise provided. In case a person refuses to obey any subpoena issued hereunder or to testify with respect to any matter concerning which he may be lawfully interrogated, the commissioner or his representative may invoke the aid of any circuit court in order that the testimony or evidence be produced. Upon proper showing, such court shall issue a subpoena or order requiring such person to appear before the commissioner or his representative and produce all evidence and give all testimony touching the matter in question. A person failing to obey such order may be punished by such court as for contempt.