reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-4. Rule-Making Authority

The State Fire Marshal shall propose rules for legislative approval, in accordance with the provisions of 29A-3-1
et seq
. of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing licenses, including classifications of licenses as defined in this article, applications, examinations, and qualifications:
Provided
, That the rules shall require a person to be licensed as a HVAC technician pursuant to 21-16-1
et seq
. of this code and the rules promulgated pursuant thereto, before performing damper work pursuant to this article;
(2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform fire protection work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2009:
Provided
, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(3) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform damper work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2016:
Provided
, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(4) Reciprocity provisions;
(5) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;
(6) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article;
(7) Enforcement procedures; and
(8) Any other rules necessary to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-4a. Veteran Qualification for License as a Journeyman Sprinkler Fitter or a Sprinkler Fitter in Training

Any person who has served as a member of the United States armed forces, National Guard, or reserve, and who has successfully completed the course of instruction required to qualify him or her for rating as a fire protection officer or other equivalent rating in his or her particular branch of the armed forces, which provided the veteran direct experience installing, adjusting, repairing, and dismantling fire protection systems, and whose service in the armed forces was under honorable conditions, may submit to the State Fire Marshal a photostatic copy of a certificate issued to him or her certifying successful completion of such course of instruction and documentation evidencing the number of hours of experience the veteran possesses, a photostatic copy of his or her discharge from the armed forces, an application for a certification as a journeyman sprinkler fitter or sprinkler fitter in training, and the prescribed license fee.
If the certificate and discharge, as evidenced by the photostatic copies thereof, documentation of hours of training and experience, and prescribed license fee are in order, and if the veteran meets all of the requirements of this article, the veteran shall be permitted to take the same examination or examinations as are required under this article for applicants who do not apply for a license under the provisions of this article:
Provided,
That the veteran may be required to attend additional training courses prior to taking the examination if more than 30 years have passed from his or her successful completion of the course of instruction and date of application. If the veteran passes the examination or examinations, he or she shall be licensed as a sprinkler fitter in training or a journeyman sprinkler fitter and shall thereafter be subject to all of the provisions of this article. If the veteran does not pass the examination or examinations, any provisions of this article relating to reexaminations shall apply to the veteran the same as they apply to a person who does not apply for a license under the provisions of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-5. Enforcement

(a) The State Fire Marshal and his or her deputy fire marshal, assistant fire marshal or assistant fire marshal-in-training, is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where fire protection work or damper work is performed and issue citations for noncompliance.
(b) The State Fire Marshal may enter into an interagency agreement with the Commissioner of Labor for the mutual purpose of enforcing this article and article sixteen, chapter twenty-one of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-6. Denial, Suspension and Revocation of License

(a) The State Fire Marshal may deny a license to any applicant who fails to comply with the rules established by the State Fire Marshal, or who lacks the necessary qualifications. When considering whether an applicant possesses the qualifications for a license, the State Fire Marshal shall consider whether an applicants prior criminal convictions bear a rational nexus on the license being sought.
(1) The State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the activity requiring licensure. In determining whether a criminal conviction bears a rational nexus to a profession or occupation, the State Fire Marshal shall consider at a minimum:
(A) The nature and seriousness of the crime for which the individual was convicted;
(B) The passage of time since the commission of the crime;
(C) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and
(D) Any evidence of rehabilitation or treatment undertaken by the individual.
(2) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the State Fire Marshal shall permit the applicant to apply for initial licensure if:
(A) A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;
(B) The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and
(C) The conviction was not for an offense of a violent or sexual nature:
Provided
, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the State Fire Marshal.
(3) An individual with a criminal record who has not previously applied for licensure may petition the State Fire Marshal at any time for a determination of whether the individuals criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individuals criminal record to enable the State Fire Marshal to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.
(b) The State Fire Marshal may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensees license if:
(1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicants qualifications or experience;
(2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure; or
(3) The licensee incompetently or unsafely performs fire protection work or damper work.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-7. Penalties

(a) On and after January 1, 2009, a person performing or offering to perform fire protection work without a license issued by the State Fire Marshal, is subject to a citation.
(b) Any person continuing to engage in fire protection work after the issuance of a citation is subject to the following penalties:
(1) For the first offense, a fine of not less than $200 nor more than $1,000;
(2) For the second offense, a fine of not less than $500 nor more than $2,000; and
(3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000.
(c) Each day after a citation is given that a person continues to perform, or an employer continues to authorize a person to perform, fire protection work, which is not exempt by the provisions of 29-3D-3 of this code, is a separate offense and punishable accordingly.
(d)(1) The State Fire Marshal may institute proceedings in the circuit court of Kanawha County or the county where the alleged violation of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article.
(2) A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal.
(3) The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the State Fire Marshal may appeal the action pursuant to the provisions of chapter 29A of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-8. Inapplicability of Local Ordinances

(a) On and after January 1, 2009, a political subdivision of this state may not require, as a condition precedent to the performance of fire protection work in the political subdivision, a person who holds a valid and current license to perform fire protection work issued under the provisions of this article, to have any other license or other evidence of competence as a fire protection worker.
(b) On and after January 1, 2016, a political subdivision of this state may not require, as a condition precedent to the performance of damper work in the political subdivision, a person who holds a valid and current license to perform damper work issued under this article to have any other license or other evidence of competence beyond those required by the State Fire Marshal and the Commissioner of Labor to perform damper work.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-9. Disposition of Fees

All fees paid pursuant to the provisions of this article, shall be paid to the state Fire Marshal and deposited in a special revenue account with the state Treasurer for the use of the state Fire Marshal as provided in subsection (c), section twelve-b, article three of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-3. Production or Transportation of Fireworks

A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j) (2014).
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-4. Sparkling Devices and Novelties Registration Required

(a) A person may not sell sparkling devices or novelties without being registered with the State Fire Marshal.
(b) To be registered with the State Fire Marshal, the person shall:
(1) Submit an application to the State Fire Marshal;
(2) Provide a copy of his or her current business registration certificate or his or her certificate to sell sparklers and novelties issued by the State Tax Commissioner;
(3) Pay the required fee; and
(4) Provide other information as the State Fire Marshal may require by legislative rule.
(c) A registration is valid for the calendar year or any fraction thereof and expires on December 31 of each year.
(d) A registration is not transferable.
(e) A person shall post the registration in a conspicuous place at the location of the business.
(f) A separate registration is required for each location.
(g) The fee required in subdivision (3), subsection (b) of this section shall be $15.00 per retail location.
(h) The fee assessed by this section shall be retained by the State Fire Marshal and expended to offset costs incurred in performing the duties imposed by the provisions of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-5. Consumer Fireworks Certificate Required

(a) A retailer may not sell consumer fireworks unless the retailer is certified under this article.
(b) To be certified to sell consumer fireworks a retailer shall:
(1) Submit an application to the State Fire Marshal;
(2) Submit with the application a copy of his or her current business registration certificate;
(3) Pay a fee of $500 for each temporary retail sales location and $1000 for each permanent retail sales location to the State Fire Marshal;
(4) Provide the State Fire Marshal proof that the retailer maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million to cover losses, damages or injuries that might result from selling consumer fireworks; and
(5) Provide other information as the State Fire Marshal may require by legislative rule.
(c) A consumer fireworks certificate is valid from April 1 through March 31 of the next calendar year.
(d) A consumer fireworks certificate is not transferable.
(e) A retailer shall post the certificate in a conspicuous place at the location of the business.
(f) A separate certificate is required for each location of the business.
(g) A certificate holder may also sell sparkling devices and novelties at the same location without additionally obtaining a sparkling devices and novelties registration.
(h) A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA 1124.
(i) A retailer who sells consumer fireworks shall comply with all regulations provided in NFPA 1124. The State Fire Marshal may by legislative rule, promulgate rules to supplement those rules established in NFPA 1124.
(j) A retailer shall sell the consumer fireworks only from a permanent building or structure that meets the specifications in NFPA 1124 or a temporary facility or structure that meets the specifications of NFPA 1124.7.3.5.
(k) Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of 29-3-12b of this code.
(l) Notwithstanding any provision of this article to the contrary, no retailer may offer consumer fireworks for sale before June 1, 2016.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-6. Required Permit for Public Fireworks Display

(a) Any municipality, county, fair association, amusement park or other organization shall have a permit to present a public display of fireworks from the State Fire Marshal.
(b) To receive a permit, a municipality, fair association, amusement park, or other organization shall:
(1) Submit an application to the State Fire Marshal;
(2) Pay the required fee not to exceed $50.00;
(3) Furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the person or an employee thereof, in the amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public; and
(4) Provide any other information as the State Fire Marshal may require by legislative rule.
(c) The State Fire Marshal shall require the municipality, county, fair association, amusement park and other organizations to give written notice to the local police and fire authorities at least five days prior to the display for which the permit is sought.
(d) A permit is not transferable.
(e) The display shall be operated by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired so as to be safe in the opinion of the chief of the fire department serving the community or area where such display is being held.
(f) The permittee shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this article and the rules of the State Fire Marshal except where the licensee is an insured government entity.
(g) Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-7. Fireworks Safety Fee; Administration; Tax Crimes; Collections; Remittances; Deposits; Distributions; Rules

(a) In addition to the sales tax, a fireworks safety fee of twelve percent of all sales is levied on retail sales of consumer fireworks in this state. The fee shall be distributed pursuant to the provisions of this subsection. The fee computation under this subsection shall be carried to the third decimal place, and the fee rounded up to the next whole cent whenever the third decimal place is greater than four, and rounded down to the lower whole cent whenever the third decimal place is four or less.
The State Tax Commissioner shall disburse all proceeds of the fireworks safety fee into the state treasury each month in the following manner:
(1) Seventy-five percent shall be deposited into a special account in the State Treasury, designated the Veterans’ Facility Support Fund established by the provisions of section eleven, article one, chapter nine-a for expenditure on veterans’ programs.
(2) Twenty-five percent shall be deposited into a special account in the State Treasury, designated the Fire Protection Fund established in section thirty-three, article three, chapter thirty-three of this code and distributed in accordance with that section to each volunteer fire company or department on an equal share basis by the State Treasurer.
(b) A person who purchases consumer fireworks in a retail transaction shall pay to the retailer the amount of the fee levied by this section, which fee is added to and constitutes a part of the sale price, and is collectible by the retailer who shall account to the state for all fees paid by a purchaser. If the retailer fails to collect the fee, or fails to account to the state for the fees paid by a purchaser, then the retailer is liable for the payment of the fee to the state.
(c) A retailer shall remit to the State Tax Commissioner no later than thirty days after the end of each preceding month all moneys collected for such preceding month, pursuant to the requirements of this section, and shall report such collections on forms and in the manner prescribed by the State Tax Commissioner.
(d) All moneys so remitted, net of refunds and adjustments, shall be paid by the State Tax Commissioner into the funds specified in this section.
(e) Each and every provision of the West Virginia Tax Crimes and Penalties Act set forth in article nine, chapter eleven of this code applies to the fees imposed pursuant to this article, with like effect as if that act were applicable only to the fees imposed by this article and were set forth in extenso in this article.
(f) The State Tax Commissioner shall propose legislative rules and may promulgate such emergency rules as are necessary to implement the provisions of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-8. State Fire Marshal S Rule-Making Authority

The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for promulgation, in accordance with 29A-3-1 et seq. of this code, to implement this article, including:
(1) Adopting by reference the most recent edition of APA Standard 87-1;
(2) Adopting by reference the most recent edition of NFPA 1123, Code for Fireworks Display;
(3) Adopting by reference NFPA 1124, code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles;
(4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of pyrotechnics before a proximate audience;
(5) Procedures for the issuance and renewal of a registration, certificate and permit;
(6) A fee schedule;
(7) Establishing insurance or bond requirements;
(8) Establishing additional criteria for the granting of a registration, certificate, or permit under this article;
(9) Registration of manufacturers, wholesalers and distributors; and
(10) Establishing a procedure that allows a retailer to combine and pay all applicable fees in a single payment.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-9. Exemptions

This article does not prohibit any of the following:
(1) The use of fireworks by railroads or other transportation agencies for signaling purposes or illumination;
(2) The use of agricultural and wildlife fireworks;
(3) The sale or use of blank cartridges for a theatrical performance, use by military organizations or signal or ceremonial purposes in athletics or sports; or
(4) The possession, sale or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who have a permit to possess, store and sell explosives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice and the State Fire Marshal.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-11. Violations of This Article; Penalties

(a) A person may not intentionally ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner to do so.
(b) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.
(c) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people.
(d) A person may not intentionally ignite or discharge any consumer fireworks or sparkling device while the person:
(1) Is under the influence of alcohol;
(2) Is under the influence of any controlled substance;
(3) Is under the influence of any other drug; or
(4) Is under the combined influence of alcohol and any controlled substance or any other drug.
(e) A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks.
(f) The provisions of this section shall be effective June 1, 2016.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-12. Miscellaneous Offenses; Penalties

Any person who violates a provision of this article for which a penalty is not expressly set forth is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $500.00. The provisions of this section shall be effective June 1, 2016.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-13. Seizures by the State Fire Marshal; Enforcement of Law

(a) The State Fire Marshal shall seize, take, remove and dispose of at public auction or destroy, or cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the owner, all stocks of fireworks or combustibles offered for sale, stored or held in violation of this article or an emergency or legislative rule promulgated hereunder.
(b) The West Virginia State Police, deputy sheriffs, municipal police officers and other law-enforcement officers shall assist in the enforcement of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3E. Fireworks Safety › §29-3E-14. Reporting Requirements; Duration of Reporting Requirements

Annually, on or before January 15, 2017, 2018 and 2019:
(1) The State Treasurer shall submit to the President of the Senate and the Speaker of the House of Delegates a report detailing the amount of revenue received and deposited from the Fireworks Safety Fee into the Fire Safety Fund authorized by section seven of this article and the distribution of said funds;
(2) The Secretary of Veterans’ Assistance shall supply the President of the Senate and Speaker of the House of Delegates with a report detailing the revenue received from the Fireworks Safety Fee and deposited in the Veterans’ Facility Support Fund and the purposes for which the money was expended;
(3) The State Tax Commissioner shall provide to the President of the Senate and Speaker of the House of Delegates a report detailing the revenue received from the sales tax received from the sale of fireworks authorized by the provisions of the article and revenue received from the Fireworks Safety Fee authorized by section seven of this article; and
(4) The State Fire Marshal shall submit to the President of the Senate and Speaker of the House of Delegates a report detailing the amounts of revenue received from the registration fees imposed pursuant to the provisions of section five of this article, the purposes for which the fees were expended and the adequacy of the fees received in relation to the duties required of the office.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-1. Creation of Commission; Members; Officers; Seal and Rules

(a) The State Boxing Commission, heretofore created, is hereby continued and renamed the State Athletic Commission. The commission shall consist of five persons appointed by the Governor, by and with the consent of the Senate, no more than three of whom shall belong to the same political party and no two of whom shall be residents of the same county at the same time. One member shall have at least three years of experience in the sport of boxing. One member shall have at least three years of experience in the sport of mixed martial arts. One member shall have at least three years of experience in the health care industry as a licensed physician, registered nurse, nurse practitioner, or physicians assistant. Two members shall be citizen members who are not licensed under the provisions of this article and who do not perform any services related to the persons regulated under this article. The members shall serve without pay except that each member shall receive $100 for each day that he or she attends and participates in a public meeting in which the commission makes or deliberates towards an official act:
Provided
, That the compensation a member may receive pursuant to this subsection during each fiscal year may not exceed $2,000.
(b) At the expiration of the term of each member, his or her successor shall be appointed by the Governor for a term of four years. If there is a vacancy in the board, the vacancy shall likewise be filled by appointment by the Governor and the Governor shall likewise have the power to remove any commissioner at his or her pleasure.
(c) Any three members of the commission shall constitute a quorum for the exercise of the power or authority conferred upon it. The members of the commission shall, at the first meeting after their appointment, elect one of their number chairman of the commission and another of their number secretary of the commission, shall adopt a seal for the commission, and shall make such rules for the administration of their office, not inconsistent herewith, as they may consider expedient; and they may hereafter amend or abrogate such rules.
(d) The concurrence of at least three commissioners is necessary to render a choice or decision of the commission except that, notwithstanding the requirements of the Open Governmental Proceedings Act, 6-9a-1
et seq
. of this code, a quorum of the commission may vote in writing to approve changes to the roster of participants or the roster of officials if the need for the substitution(s) is made known to the commission within 48 hours of an event that the commission previously approved:
Provided
, That the substitution(s) is necessary to effectuate the match:
Provided, however
, That the written decision of the commission is presented at the next scheduled meeting of the commission and recorded in its minutes.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-1a. Commission Office; Administrative Support Provided by Lottery Commission

The office of the commission shall be located on the same premises as the office of the Lottery Commission and the Lottery Commission shall provide the commission with any necessary administrative support or management, including, but not limited to:
(1) Administrative recordkeeping;
(2) Maintaining an accurate and published registry of names, addresses and relevant information of all licensees; and
(3) Management of finances and budgetary oversight.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-2. Powers and Duties of Secretary; Penalty for False Swearing, etc.; Biennial Reports of Commission

It shall be the duty of the secretary to keep a full and true record of all proceedings of said commission, to preserve all its books, documents and papers, to prepare for service such notices and other papers as may be required of him or her by the commission and to perform such other duties as the commission may prescribe; and he or she may at the direction of the commission issue subpoenas for the attendance of witnesses before the commission with the same effect as if they were issued in an action in any circuit court of the state and may administer oaths in all matters pertaining to the duties of his or her office or connected with the administration of the affairs of the commission. The subpoenas shall be on forms prescribed by the commission and served by the sheriff's department of the county in which the individual being subpoenaed resides. Such subpoenas shall be signed by at least two members. Disobedience of such subpoena and false swearing before such secretary shall be attended by the same consequences and be subject to the same penalties as if such disobedience or false swearing occurred in an action in any circuit court of the state. The commission shall make to the Legislature biennial reports of their proceedings for the two years ending with the last day of the preceding December and may submit with such report such recommendations pertaining to its affairs, as to it shall seem advisable.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-3b. State Athletic Commission Fund

(a) All moneys collected shall be deposited in a special account in the State Treasury to be known as the State Athletic Commission Fund. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2016, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.
(b) A supplemental appropriation may be authorized by the Legislature for administrative expenditures that exceed collections in the fiscal years ending June 30, 2016, June 30, 2017, and June 30, 2018, or until such time as the commission collections are sufficient to fully fund its operations.
(c) All money collected and deposited in the State Athletic Commission Fund that remains after the commission satisfies its administrative operating obligations shall be surplus revenue funds available for appropriation: Provided, That the commission may retain surplus revenue funds as long as it allocates the surplus for a specific purpose and approves such funds be carried forward for use in the following fiscal year prior to the end of the fiscal year in which the revenues were collected.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-4. Licenses to Be in Lieu of All Other Licenses

The licenses herein imposed shall be in lieu of all other licenses or license taxes of the State of West Virginia, and no county, city, town or other municipality or other political subdivision of the State of West Virginia shall be empowered to levy or impose any license or license tax on any such person engaged in the business of conducting boxing or sparring matches and exhibitions under the jurisdiction of and being licensed by the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-5. Expense of Commission

On or before December 31 of each year, the secretary of the commission shall present to the Governor projected expenses for the following year. Such projections shall include all expenses and revenues of the commission and its official headquarters. Necessary expenses incurred by the commission shall be submitted on a standard expense form to the Treasurer of the state of West Virginia to be paid from the State Athletic Commission Fund except in such circumstances referred to in subsection (b), section three-b of this article designating such expenses be paid from the General Fund.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-6. Payment of Official in Charge

The deputy, inspector or other officials designated by the commission to be in charge of a boxing or mixed martial arts event shall be paid by the promoter at a minimum rate of $75 per day for services performed prior to any event at a weigh-in and each day of an event: Provided, That not more than one official designated by the commission to be in charge of a boxing or mixed martial arts event may receive compensation for services performed. If a weigh-in occurs within three hours before the boxing bouts are scheduled to begin, the deputy, inspector or other officials will be paid only one rate at a minimum of $75 for that particular night or day’s events. Judges, timekeepers, scorekeepers and inspectors shall be paid by the promoter at a minimum rate of $50 per day for services performed prior to any event and each day of an event. Referees shall be paid by the promoter at a minimum rate of $75 per day of bouts. Payments to the officials in charge, judges, timekeepers, scorekeepers, inspectors or referees exceeding the amounts under this section are prohibited without prior written consent of the promoter: Provided, however, That the commission may revise any fees paid to officials through legislative rule-making process beginning June 30, 2018, and every three years thereafter. The commission may not revoke an event permit or license for refusal to pay a fee greater than the fees in this section: Provided further, That approved officials are available, willing and able to work the event for the proscribed fees. Deputies, inspectors, judges, referees, timekeepers, scorekeepers or any other officials designated by the commission to be in charge of an event shall not accept, other than the fees proscribed herein, any gift, pass or other thing of value in connection with any event.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-7. Interference With or Restraining of Professional Boxing or Exhibitions

No person or persons, club, organization or corporation shall, except in accordance with law, interfere with or restrain, or attempt to interfere with or restrain, by any act, threat or otherwise, either within or without this state, the putting on or the conducting of any professional boxing match or exhibition of this state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-13. Cancellation of License for Fake Boxing, etc., Exhibition; Penalty for Participating in Such Exhibition

Any club, corporation, association or individual which may conduct, hold or give or participate in any sham or fake boxing, sparring or exhibition shall thereby forfeit its license issued in accordance with the provisions of this article, which shall thereupon be, by the commission, canceled and declared void; and it shall not be entitled to receive another such license or any license pursuant to the provisions of this article, nor shall any license thereafter be granted to any club, corporation, association or individual, including among its members, directors, partners or stockholders, any member, director, partner or stockholder of the club, corporation, association or individual whose license has been so forfeited. Any contestant who shall participate in any sham or fake boxing, sparring or exhibition, and any other person whatsoever who shall in any manner be connected with the arranging, planning, holding, conducting or giving of any such sham or fake boxing, sparring or exhibition shall be guilty of a misdemeanor, and, shall upon conviction thereof, be fined not less than $500, nor more than $1,000, or be confined in jail for a period of not less than six months, nor more than one year or both; and any contestant so participating shall be further totally disqualified from further admission or participation in any boxing or sparring held or given by any club, corporation, association or individual duly licensed for said purpose.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-15. Reports by Clubs to Commission; Bonds of Applicants for License

Every club, corporation, association or individual which may hold or exercise any of the privileges conferred by this article shall, within four business days after the determination of any contest, furnish to the commission a written report, duly verified by one of its officers, showing the number of tickets sold for such contest and the amount of the gross proceeds thereof, and such other matters as the commission may prescribe. Before any license shall be granted to any club, corporation, association or individual to conduct, hold or give any boxing, sparring or exhibition, such applicant therefor shall execute and file with the commission a surety bond in the sum of which shall be at the discretion of said commission, to be approved as to form and the sufficiency of the security thereon by the said commission. Such bond shall cover all purses, awards and payments to be paid by the promoter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-16. Presence of Members of Commission or Inspector at Exhibitions and Matches

(a) Each member of the commission may be present at all exhibitions and matches without charge therefor, and shall, when present, see that the rules are strictly observed, and may be present at the counting of the gross receipts. The commission may appoint an inspector to be present representing the commission, which inspector has the same privilege hereby conferred upon a member of the commission; and the inspector shall immediately mail to the commission the official box office statement received from the officers of the club.
(b) Subject to available funds, the commission may pay a member of the commission $150 for each day that he or she performs the work of the commission at a sanctioned exhibition or match. But the commission may pay no more than two members of the commission for each day of an exhibition or match. The commission may pay no more than $3,000, collectively, to the members of the commission pursuant to this subsection during any fiscal year.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-17. Referee and Judges; Appointment by Commission; Powers, Payment

(a) The chief official of the boxing match or exhibition shall be the referee. The referee and judges shall be appointed by the commission and shall receive from the commission a card authorizing them to act as such and no club may employ or permit anyone to act as referee except one holding a card of authorization from the commission. The referee has general supervision and control over the match or exhibition and shall be paid by the promoter a minimum of $75 for each day or night's services. The referee is limited to refereeing a maximum of thirty rounds per day or night unless special consent is given by the commission.
(b) Once appointed by the commission, the promoter bears the responsibility for ensuring the attendance of referee and judges at events. The commission shall provide promoters with advance notice of the person(s) appointed as referee and judges. A promoter, at his or her own expense, may request alternate referee(s) and judge(s) be appointed by the commission to serve in the event a first appointed referee or judge is unable to satisfy the role. Under no circumstances may a member of the commission or any employee of the commission serve as a referee or judge for a boxing or mixed martial arts contest conducted in this state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-18. Examination of Contestants by Physician; Presence at Contest; Report to Commission

In any boxing or exhibition match, each contestant must be examined by a qualified physician prior to entering the ring. The physician shall certify in writing over his signature, as to contestant's physical condition to engage in such contest. Qualified technicians may assist the physician in the examinations, and a physician shall be in attendance during any boxing bouts prepared to deal with any emergency which may arise. But in the event that said physician is convinced of the unfitness of either of the contestants to enter the contest, he shall at once certify such opinion to the club, corporation, association or individual under whose management the contest is conducted, and it shall thereupon be unlawful for said club, corporation, association or individual to proceed with such. Whenever a participant, in the opinion of the physician, is unable to continue in a boxing match, the physician may stop the bout.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-19. Weight of Contestants

No boxer shall be permitted to contest against an opponent ten pounds heavier than himself or herself when the weight of either contestant is less than one hundred fifty pounds. Weight classes as adopted by the Association of Boxing Commissions shall be utilized for all boxing and mixed martial arts contests conducted in this state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-20. Licenses for Contestants, Referees, and Managers

No contestant, trainer, inspector, referee, other official, matchmaker, or professional manager may take part in any boxing or mixed martial arts contest or exhibition unless holding a license from the state that is issued by the commission upon payment of the following annual license fee schedule: Professional contestant $25; amateur contestant $20; trainer $20; inspector $30; referee or other official, $30; matchmaker $50; and professional manager $50. Semiprofessional contestants shall pay a license fee of $10 for each event. Such fees shall accompany the application and shall be in the form of a certified check or money order and shall be issued to the Treasurer of the State of West Virginia to be deposited in the State Athletic Commission Fund. If a license is not granted, the Treasurer shall refund the full amount.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-21. Penalty for Engaging in Unlawful Contest

Any person who shall engage in a boxing contest with another person for money or other such things of value, or for any championship, when an admission fee is charged, either directly or indirectly in this state, except when such contest is held in compliance with this article, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50, and not more than $500.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-22. Penalty for Violation Not Expressly Provided For

If any person shall violate any provision of this article, for which violation a penalty is not here expressly provided, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50, nor more than $500.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-23. Injunctive Relief for Violation of Chapter

In the event of violation of any provision of this chapter, in addition to any other remedy, the commission may apply to any court of record in the State of West Virginia for relief without being compelled to allege or prove that any adequate remedy at law does not exist.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 5A. State Athletic Commission › §29-5A-24. Rules Governing Contestants and Matches

(a) The commission shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code.
(b) The commission shall propose such rules to regulate professional and semiprofessional boxers, professional or amateur mixed martial artists, professional and semiprofessional boxing matches and exhibitions and professional or amateur mixed martial arts matches and exhibitions: Provided, That for professional boxers and boxing matches and exhibitions, the commission rules shall comply with the current unified rules of boxing as adopted by the Association of Boxing Commissions; for professional mixed martial artists and mixed martial arts matches and exhibitions, the commission rules shall comply with the current unified rules of mixed martial arts as adopted by the Association of Boxing Commissions; for amateur boxers and boxing matches or exhibitions, the commission rules shall comply with the amateur rules for boxing as adopted by the Association of Boxing Commissions, U.S.A. Boxing, the International Boxing Association, or any other appropriate governing or sanctioning body recognized and accepted by the commission; and for amateur mixed martial artists and mixed martial arts matches or exhibitions, the commission rules shall comply with the current unified rules of mixed martial arts as recommended and/or adopted by the Association of Boxing Commissions. For full contact boxing and other boxing events that follow nontraditional rules, rules guaranteeing the safety of the participants and the fair and honest conducting of the matches or exhibitions are authorized.
(c) The commission shall propose separate rules for amateur boxers and amateur boxing, sparring matches and exhibitions as follows:
Rules which comply with the requirements of the rules recommended or adopted by the Association of Boxing Commissions, U.S.A. Boxing, the International Boxing Association, or any other appropriate governing or sanctioning body recognized and accepted by the commission to the extent that any boxer complying with them will be eligible to participate in any state, nationally, or internationally sanctioned boxing match.