reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 9. Office of Administrative Hearings › §15A-9-1. Office Created; Appointment of Chief Hearing Examiner

(a) The Office of Administrative Hearings is created as a separate operating agency within the department.
(b) The secretary shall appoint a director of the office who serves as the administrative head of the office and as Chief Hearing Examiner.
(c) The Chief Hearing Examiner shall be a citizen of the United States and a resident of this state who is admitted to the practice of law in this state.
(d) The salary of the Chief Hearing Examiner shall be set by the secretary of the department.
(e) In addition to adherence to the code of conduct set forth in 6B-2-5a of this code, the Chief Hearing Examiner during his or her term shall:
(1) Not engage directly or indirectly in any activity, occupation, or business interfering or inconsistent with his or her duties as Chief Hearing Examiner;
(2) Not hold any other appointed public office or any elected public office or any other position of public trust; and
(3) Not be a candidate for any elected public office, or serve on or under any committee of, any political party.
(f) The Chief Hearing Examiner serves at the will and pleasure of the secretary.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 9. Office of Administrative Hearings › §15A-9-2. Organization of Office

(a) The Chief Hearing Examiner is the chief administrator of the Office of Administrative Hearings and he or she may employ hearing examiners and other clerical personnel necessary for the proper administration of this article.
(1) The Chief Hearing Examiner may delegate administrative duties to other employees, but the Chief Hearing Examiner is responsible for all official delegated acts.
(2) All employees of the Office of Administrative Hearings are classified exempt.
(b) The Chief Hearing Examiner shall:
(1) Direct and supervise the work of the office staff;
(2) Hold hearings;
(3) Make hearing assignments;
(4) Maintain the records of the office;
(5) Review and approve decisions of hearing examiners as to legal accuracy, clarity, and other requirements; and
(6) Perform the other duties necessary and proper to carry out the purposes of this article.
(c) The administrative expenses of the office shall be included within the annual budget of the Division of Administrative Services.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 9. Office of Administrative Hearings › §15A-9-3. Jurisdiction of Office of Administrative Hearings

Notwithstanding any provision of this code to the contrary, the Office of Administrative Hearings has jurisdiction to hear and determine all:
(1) Level one grievance proceedings for all divisions of the department, except for the State Police.
(2) Appeals from decisions or orders of the State Fire Commission, except as otherwise provided in 15A-10-9(b) of this code;
(3) Other matters for which a hearing examiner is necessary within the department or any division of the department; and
(4) Other matters which may be conferred upon the office by statute or legislatively approved rules.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 9. Office of Administrative Hearings › §15A-9-4. Hearing Procedures

(a) All level one grievance hearings before the office shall be heard in accordance with practices and procedures as set forth in 6C-2-1
et seq.
of this code.
(b) All hearings on appeals before the office shall be heard
de novo
and conducted pursuant to the provisions of the contested case procedure set forth in 29A-5-1
et seq.
of this code.
(1) Notwithstanding any provision of this code to the contrary, the division head, or the Fire Commission, may be represented at hearings conducted by the office and evidence submitted by the division head may be considered in such hearings with or without such representation.
(2) The West Virginia Rules of Evidence governing proceedings in the courts of this state shall be given like effect in hearings held before a hearing examiner. All testimony shall be given under oath.
(3) The hearing examiner may request proposed findings of fact and conclusions of law from the parties prior to the issuance by the office of the decision in the matter.
(c) Hearings and all records of hearings are exempt from the requirements of 29B-1-1
et seq.
of this code, until the results of the hearing have been rendered:
Provided
, That once the decision is rendered, the records may be exempt from disclosure, pursuant to 29B-1-4 or other applicable section of this code.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 9. Office of Administrative Hearings › §15A-9-6. Duty to Provide Notice of Change of Address

Any person who has any pending contested matter before the Office of Administrative Hearings is required to provide notice of a change in address in writing at least 10 days prior to any scheduled hearing in which they are a party. If the persons final hearing is held prior to the persons change in address, then the person is required to provide the written notice prior to the issuance of the final order in their case. Written notice must be provided by certified mail, return receipt requested, facsimile, or by electronic mail, to the Office of Administrative Hearings.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 9. Office of Administrative Hearings › §15A-9-7. Transition From Divisions of the Department to the Office of Administrative Hearings

(a) In order to implement an orderly and efficient transition of the administrative hearing process from the many divisions of the department, the secretary may establish interim policies and procedures for the transfer of administrative hearings, appeals from decisions or orders of, as contemplated by this article, currently administered by the separate divisions and the Fire Commission, no later than October 1, 2020.
(b) On the effective date of this article, all equipment and records necessary to effectuate the purposes of this article shall be transferred from the many divisions of the department to the Office of Administrative Hearings:
Provided,
That in order to provide for a smooth transition, the secretary may establish interim policies and procedures, determine how the equipment and records are to be transferred and provide that the transfers provided for in this subsection take effect no later than October 1, 2020.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-4. Enforcement Standards

(a) In the enforcement of the State Building Code and State Fire Code, the State Fire Marshal shall provide compliance alternatives for historic structures as provided for in 29-1-5 of this code, which compliance alternatives shall take into account the historic integrity of the historic structures, and shall coordinate with the Director of the Archives and History Division the application of the rules of that division.
(b) In interpretation and application, the State Fire Code shall be held to be the minimum requirements for the safeguarding of life and property from the hazards of fire and explosion:
Provided,
That the State Fire Marshal shall provide compliance alternatives for historic structures and sites as provided in 29-1-5 of this code, which compliance alternatives shall take into account the historic integrity of the historic structures and sites. Whenever any other state law, county or municipal ordinance, or regulation of any agency thereof, is more stringent or imposes a higher standard than is required by the State Fire Code, the provisions of the state law, county or municipal ordinance, or regulation of any agency thereof governs, if they are not inconsistent with the laws of West Virginia and are not contrary to recognized standards and good engineering practices:
Provided
,
however,
That, on and after July 1, 2010, if a municipal or county fire ordinance or regulation of any agency thereof is more stringent or imposes a higher standard than is required by the State Fire Code, it must be presented for review and approval and sanctioned for use by the State Fire Commission. In any question, the decision of the State Fire Commission determines the relative priority of any such state law, county or municipal ordinance, or regulation of any agency thereof and determines compliance with state fire rules by officials of the state, counties, municipalities, and political subdivisions of the state.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-5. General Rule-Making Authority; Appointment of Advisory Boards

(a) The State Fire Marshal may propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code, establishing state standards and fee schedules for the licensing, registration, certification, regulation and continuing education of persons which will conduct inspections relating to the State Building Code, which include, but are not limited to, building code officials, inspectors, plans examiners, and home inspectors.
(b) The State Fire Marshal shall propose rules for legislative approval requiring applicants for home inspector licensing, registration, or certification to submit to a state and national criminal history record check as set forth in this section and may deny licensing, registration, or certification based upon the results of the criminal history record check.
(c) The State Fire Marshal may establish advisory boards as it considers appropriate to encourage representative participation in subsequent rulemaking from groups or individuals with an interest in any aspect of the rules promulgated by the State Fire Marshal.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-6. Responsibilities of Insurance Companies in Fire Loss Investigation

(a) The State Fire Marshal or any deputy or assistant fire marshals under the authority of the fire marshal may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss. The company shall release the information and cooperate with any official authorized to request such information pursuant to this section. The information shall include, but not be limited to:
(1) Any policy in force;
(2) Any application for a policy;
(3) Premium payment records;
(4) History of previous claims; and
(5) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence.
(b) Any insurance company shall notify the State Fire Marshal if it has reason to believe, based on its investigation of a fire loss to real or personal property, that the fire was caused by other than accidental means. The company shall furnish the State Fire Marshal with pertinent information acquired during its investigation and cooperate with the courts and administrative agencies of the state, and any official mentioned, or referred to, in subsection (a) of this section.
(c) In the absence of fraud, no insurance company or person who furnishes information on its behalf, shall be liable for any oral or written statement or any other action necessary to supply information required pursuant to this section.
(d) Any information furnished pursuant to this section shall be held in confidence, and is exempt from the provisions of 29B-1-1
et seq.
of this code, until such time as its release may be required pursuant to a criminal proceeding.
(e) Any official mentioned, or referred to, in subsection (a) of this section may be required to testify as to any information in his or her possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against an insurance company for the fire loss.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-9. Maintenance of Fire Hazard; Order for Repair or Demolition; Order to Contain Notice to Comply; Right to Appeal

(a) No person shall erect, construct, reconstruct, alter, maintain, or use any building, structure, or equipment, or use any land in such a way to endanger life or property from the hazards of fire or explosion, or in violation of any regulation, rule, or any provision or any change thereof promulgated by the State Fire Marshal or State Fire Commission.
(b) Whenever the State Fire Marshal determines that any building or structure has been constructed, altered, or repaired in a manner violating the State Building Code, or State Fire Code, prior to the commencement of such construction, alteration, or repairs; or whenever he or she may determine that any building or structure constitutes a fire hazard by reason of want of repair, age, or dilapidated or abandoned condition, or otherwise, and is so situated as to endanger other buildings and property; or whenever he or she may find in any building or upon any premises any combustible, flammable, or explosive substance or material, or other conditions dangerous to the safety of persons occupying the building or premises and adjacent premises or property, he or she may make reasonable orders in writing, directed to the owner of such building, structure, or premises, for the repair or demolition of such building or structure, or the removal of the combustible, flammable, or explosive substance or material, as the case may be, and the remedying of any conditions found to be in violation of a regulation promulgated as aforesaid or to be dangerous to the safety of persons or property.
A true copy of every order of the State Fire Marshal as provided for in this section shall be filed in the county where the premises are totally or partially located, with the county clerk who shall index and record the order in the general lien book. Upon filing, the order constitutes notice of such proceedings to all persons or parties thereafter having dealings involving said property.
A statement of the expenses and administrative charges shall also be filed with the county clerk, recorded, and indexed in the general lien book and upon filing, shall become a lien against the property. Thereafter, a court supervised sale of the property to enforce the collection of the expenses and administrative charges may be prosecuted at the request of the State Fire Marshal, or the Attorney General.
Every order provided for in this section shall contain a notice that compliance therewith shall be required within a period of 30 days from the date of issuance thereof and also that any person desiring to contest the validity of any such order may enter an appeal from such order to the Office of Administrative Hearings established in 15-9-1
et. seq
. of this code, and then to the circuit court in the county where the premises are totally or partially located as provided in this article.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-10. Service of Repair or Demolition Order

The written order of the State Fire Marshal made pursuant to 15A-10-9 of this code shall be served by delivering a true copy thereof to such owner or, if the owner is absent from the state or his or her whereabouts be unknown to the State Fire Marshal, by mailing a true copy thereof by certified mail to the said owners last known post-office address, or if no such address be known, then by certified mail to said owner in care of general delivery at the post office serving the community in which said premises lie. Delivering or mailing such order shall be accomplished within five days of the date of issuance of such order. In the event it is necessary to mail a copy of such order as aforesaid, the officer mailing the same shall also, within five days of the date of issuance of such order, post a true copy thereof in a conspicuous place on the door or other prominent entrance to said premises.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-11. Work to Be Done at Expense of Owner or Occupant Upon Failure to Comply With Repair or Demolition Order; Action to Recover

In the event any owner of any building or premises served with a copy of an order as provided in 15A-10-9 and 15A-10-10 of this code shall fail substantially to comply with such order within 30 days from the date of issuance thereof, or within 30 days after any appeal from such order has been affirmed by the State Fire Marshal or by the court, the State Fire Marshal, or his or her designee, may enter into and upon the premises affected by such order and cause the building, structure, or premises to be repaired, torn down, materials removed, and all dangerous conditions to be remedied, as the case may be, at the expense of the owner and with any administrative charges as established by the State Fire Marshal also being borne by the owner, and if such person shall fail or neglect to repay the State Fire Marshal the expense and administrative charge thereby incurred by him or her within 30 days after written demand shall have been delivered or mailed to the said owner as provided in 15A-10-10 of this code, the State Fire Marshal is hereby authorized to bring an action in the name of the state to recover such expenses, with interest, and any administrative charge as established by the commission, in any court of competent jurisdiction.
Upon a determination by the State Fire Marshal that the provisions of 15A-10-9 and 15A-10-10 of this code have not been met, and that such property constitutes a hazard to health or public safety, in lieu of initiating an order as therein provided, the State Fire Marshal may notify the county commission or the county health officer in order that they may perform their duties pursuant to section 7-1-3ff of this code. The State Fire Marshal may also, in lieu thereof, notify the municipality where the property is located so that the municipality may perform its duties pursuant to 8-12-14 of this code.
The State Fire Marshal may designate, pursuant to this section, a designee to accomplish the building, structure, or premises to be repaired, torn down, materials removed, and all dangerous conditions to be remedied, as the case may be. The designee may include an employee of the Fire Marshal, an agent of the Fire Marshal, a vendor, a Fire Department and its employees or agents, or a governmental entity and its employees or agents. Any contract entered into, pursuant to this section is exempt from the requirements of 5A-3 -1
et seq.
of this code.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-13. Use of Live Trees in Public Buildings; Exceptions

Notwithstanding any other provision of law to the contrary, live trees may be displayed in public buildings if the trees are decorated with U/L approved miniature lights, or are not decorated with electrical lights. The provisions of this section do not apply to public buildings used for education, health care, nursing homes, or correctional facilities.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-15. Performance of Installation of Propane Gas Systems

(a) Notwithstanding any statutory or regulatory provisions to the contrary, any person who installs, fuels, maintains, or services any fuel gas system to a one- or two-family dwelling shall comply with rules promulgated by the Fire Commission relating to fuel gas systems.
(b) This section does not apply to any person who performs this work on a single-family dwelling, owned or leased, and occupied by that person. The personal exemption provided in this subsection is the same as the personal exemption provided in 29-3D-1,
et seq
. of this code.
(c) Use of, refilling of, or work upon a liquefied petroleum gas container without the consent of the tank owner is prohibited.
(d) No person shall sell, install, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container unless the container is owned by the person, or its use is authorized by its owner.
(e) For purposes of this section "Liquefied petroleum gas" means propane and or predominantly a mixture of propane and butane.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-16. Additional Remedies to Abate, etc., Fire Hazards

In case any building, structure, or equipment is, or is proposed to be, erected, constructed, reconstructed, altered, maintained, or used, or any land is or is proposed to be used in such a way to endanger life or property from the hazards of fire or explosion or in violation of this article, 15A-11-1
et seq.
of this code, the fire code or the building code, the State Fire Marshal, or the Attorney General may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or actions, proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-17. License Denial Limitation, Suspension, or Revocation

(a) The State Fire Marshal shall deny, limit, suspend, or revoke a license issued if the provisions of this article, or if the rules promulgated pursuant to this article or 15A-11-1
et seq
. of this code are violated
(b) Before any such license is denied, limited, suspended, or revoked, however, written notice shall be given to the licensee stating the grounds for such denial, limitation, suspension, or revocation.
(c) An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of 29A-5-1
et seq.
of this code.
(d) If the license is denied, limited, suspended, or revoked, the license or certification holder shall cease and desist practices of their profession as of the effective date of the denial, limitation, suspension, or revocation. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.
(e) A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to 15A-9-1
et seq
. of this code, or may choose independent informal dispute resolution as set forth in this article.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-18. Independent Informal Dispute Resolution

(a) A license or certification holder adversely affected by an order or citation of a deficient practice issued pursuant to this article may request the independent informal dispute resolution process. A license or certificate holder may contest a cited deficiency as contrary to law or unwarranted by the facts or both.
(b) The State Fire Marshal has the authority to establish conference panels composed of three persons of the licensed or certified skill to decide the outcome of the independent informal dispute resolution process. One member shall be selected by the State Fire Marshal, one member shall be selected by the licensee or certificate holder, and one member shall be selected by agreement of both. If a vacancy occurs on the panel, the replacement for that member shall be made by the original individual who had selected such member. The members of the panel shall serve without compensation. This panel shall hear the matter and render a decision. The licensee or certificate holder may not be accompanied by counsel during the independent informal dispute resolution conference.
(c) Upon appeal of a decision rendered by the State Fire Marshal, the panel shall hold an informal conference affirming, modifying, or vacating an order of the State Fire Marshal, or issuing an order in the name of the State Fire Marshal. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notices of its decision to the parties. The decision of the panel is final. The independent informal dispute resolution process is not a formal evidentiary proceeding.
(d) A party aggrieved by a decision of a panel may appeal pursuant to 29A-5-1
et seq.
of this code.
(e) The State Fire Marshal shall promulgate a procedural rule to carry out the provisions of this section.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-19. Establishment of Demonstration Buildings and Equipment for Educational Instruction in Fire Prevention and Protection; Payment Therefor

The State Fire Marshal is authorized to establish for educational purposes in public and private schools and state educational institutions, demonstration buildings and equipment for fire prevention and protection, and such expenditures therefor shall be made from the funds appropriated therefor to the office of the State Fire Marshal.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-21. Tax on Insurance Companies

Every insurance company doing business in this state, except Farmers Mutual Fire Insurance companies, shall pay to the State Insurance Commissioner annually on or before March 1, in addition to the taxes now required by law to be paid by the companies, one half of one percent of the taxable premiums of the companies on insurance against the hazard of fire and on that portion of all other taxable premiums reasonably applicable to insurance against the hazard of fire which are included in other coverages, and received by it for insurance on property or risks in this state during the calendar year next preceding as shown by their annual statement under oath to the insurance department. The money so received by the State Insurance Commissioner is paid by him or her into the treasury and credited to the Special Revenue Fund created in 15A-10-7 of this code.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-22. Penalties

(a) Any person who violates any regulations promulgated by the State Fire Commission as provided in 15A-11-1
et seq
. of this code, or by the State Fire Marshal as provided in this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 or confined in the county jail not more than 90 days, or both.
Each day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues after knowledge or official notice that it is illegal is a separate offense.
(b) Except as provided by the provisions of subsection (c) of this section, any person who violates the provisions of 15A-10-20 of this code shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined for a first offense not more than $100 or confined in jail for not more than 30 days, or both fined and confined; and for a second and each subsequent offense, fined not less than $100 nor more than $500, or confined in jail for not less than 90 days nor more than one year, or both.
(c) Any person who violates the provisions of 15A-10-20 of this code with the intent to cause injury to the person of another, to cause destruction of the property of another, or to divert the attention of law enforcement or fire personnel to help effectuate the commission of another crime shall be guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one nor more than three years, or fined not more than $500, or both fined and confined.
(d) Any officer who knowingly and willfully fails to perform any duty required of him or her by this article or who violates any of its provisions is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $50 for each failure or violation.
(e) Any person who violates any other provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 or confined in jail not more than 90 days, or both fined and confined.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-24. Severability

If any section, subsection, subdivision, subparagraph, sentence, or clause of this article is adjudged to be unconstitutional or invalid, such invalidation shall not affect the validity of the remaining portions of this article and, to this end, the provisions of this article are hereby declared to be severable.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 10. Fire Marshal › §15A-10-25. Awarding Service Weapon Upon Retirement of Fire Marshal or Service Weapon

(a) Upon the retirement of a State Fire Marshal, any full-time deputy fire marshal, or any full-time assistant fire marshal employed by the State Fire Marshal pursuant to this article shall award to the retiring member his or her service weapon, without charge, upon determining:
(1) That the retiring employee is retiring honorably with at least 10 years of service; or
(2) The retiring employee is retiring with less than 10 years of service based upon a determination that the employee is totally physically disabled as a result of his or her service with the State Fire Marshal.
(b) Notwithstanding the provisions of subsection (a) of this section, the State Fire Marshal shall not award a service weapon to any employee whom the State Fire Marshal: (1) Knows is prohibited from possessing a firearm by state of federal law; (2) has reason to believe such retiring employee to be mentally incapacitated; or (3) has reason to believe the retiring employee constitutes a danger to any person or the community.
(c) If a service weapon is taken out of service due to routine wear, the State Fire Marshal may offer the service weapon for sale to any active or retired State Fire Marshal, assistant state fire marshal, or deputy state fire marshal, at fair market value, with the proceeds from any sales used to offset the cost of new service weapons. The disposal of service weapons pursuant to this subsection does not fall within the jurisdiction of the Purchasing Division of the Department of Administration.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 11. Fire Commission › §15A-11-2. Chairperson; Vice Chairperson; Meetings; Quorum

(a) The State Fire Commission shall select a chairperson and vice chairperson from among its members and shall hold regular meetings at least once every two months and special meetings when called by its chairman. In the absence of the chairman, the vice chairman shall exercise the powers and duties of the chairman.
(b) No business shall be transacted by the State Fire Commission in the absence of a quorum which shall be seven members, one of whom must be the chairperson or vice chairperson.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 11. Fire Commission › §15A-11-4. Hazardous Substance Emergency Response Training Programs

(a) The State Fire Commission shall promulgate rules pursuant to 29A-3-1
et seq.
of this code establishing criteria for qualified training programs in hazardous substance emergency response activities and procedures for such qualified training programs to be certified by the State Fire Marshal.
(b) For the purposes of this section, "hazardous substance" means any hazardous substance as defined in chapter 88, Acts of the Legislature, regular session, 1985, any "chemical substances and materials" listed in the rules promulgated by the Commissioner of Labor pursuant to 21-3-8 of this code, and any "hazardous waste" as defined in 22-18-1
et seq.
of this code.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 11. Fire Commission › §15A-11-6. Public Hearings and Notice

Prior to the promulgation of a State Fire Code, or any amendments thereto, as provided in this article, the State Fire Commission shall hold at least one public hearing on the proposed regulations contained therein, notice of which shall be the same as the notice for a hearing as provided in the Administrative Procedure Act, chapter 29A of this code.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 11. Fire Commission › §15A-11-7. Commission S Powers in Conduct of Public Hearing

For the purposes of any public hearing under this article, the State Fire Commission is empowered and authorized to issue subpoenas and subpoenas duces tecum
,
to take testimony, and to administer oaths to any witness in any proceeding or examination instituted before it or conducted by it with reference to any matter within its jurisdiction. In all hearings or proceedings before the State Fire Commission, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing; and in case of disobedience to a subpoena or other process, the State Fire Commission or any party to the proceedings before the commission may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, books, and documents. Such court, in case of refusal to obey the subpoena issued to any person subject to the provisions of this chapter, shall issue an order requiring such person to appear before the State Fire Commission and produce all books and papers, if so ordered, and give evidence touching the matter in question.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 11. Fire Commission › §15A-11-9. Volunteer Firefighters Training and Equipment

(a) The State Fire Commission shall maintain oversight and authority over training, equipment requirements, and performance standards for volunteer fire departments and its members, establishing and maintaining said requirements pursuant to legislative rule, in accordance with the provisions of 29A-3-1
et seq
. of this code, to establish training requirements for firefighters which:
(1) Provide for:
(A) Minimum training levels for rescue and firefighting;
(B) Minimum levels of equipment needed to protect life and property within fire service areas;
(C) Minimum performance standards the departments shall meet in response times, communications, levels of water flow, and pressure; and
(D) Other performance measures as considered necessary to meet the overall goals of improved fire prevention and control;
(2) Allow the training to be offered in segments, blocks, or modules:
Provided
, That no firefighter may engage in fire fighting activities, except in response to wildland fires, until he or she has completed all firefighter one training:
Provided, however
, That support members may provide ancillary assistance to firefighters as defined by the rule;
(3) Provide for online training;
(4) Allow testing to be done in person or online; and
(5) Establish the testing requirements which include:
(A) If the individual is required to test in person, then the tests shall be given regionally at various times throughout the year; or
(B) If the individual is authorized to test online, then the requirements for online testing shall be established.
(b) Notwithstanding any provision of this code to the contrary, the State Fire Commission may establish or continue a pilot project program which implements changes to standards imposed on volunteer fire fighting that address problems facing volunteer fire departments in the state, including issues related to training, recruitment, and retention.
(1) The State Fire Commission may limit the number of participating volunteer fire departments in the pilot project program.
(2) The State Fire Commission shall set the rules and conditions for participating volunteer fire departments by policies adopted and ratified by the commission.
(3) On July 1 of each year, the State Fire Commission shall annually provide a full summary report of the status of the program to the Joint Committee on Government and Finance.
(c) After conducting its evaluations of any fire department, the Office of the State Fire Marshal shall issue a certificate of evaluation to the chief of that department, which shall be made and issued in duplicate. The certificate of evaluation shall show the date of each evaluation and the notations relating thereto by the Office of the State Fire Marshal, and the most recent certificate of evaluation shall be posted at the fire department in such a conspicuous place and manner that the results are visible to the members of the department, and to members of the public.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 11. Fire Commission › §15A-11-10. Courtesy Certification of Firefighters in Surrounding States to Serve as Volunteer Firefighter

(a) It is the intention of the Legislature to permit individuals who have been certified as professional or volunteer firefighters in a state bordering West Virginia to serve as volunteer firefighters in West Virginia.
(b) Beginning July 1, 2020, the State Fire Commission shall establish a process by which a courtesy certification to serve as a volunteer firefighter in this state may be issued to any person who satisfies the following requirements:
(1) Is a certified professional or volunteer firefighter in good standing in a state bordering West Virginia;
(2) Complies with the application process and procedures established by the State Fire Commission; and
(3) Submits any required fee.
(c) Issuance of a courtesy certification shall not be withheld by the State Fire Commission based on an individuals failure to satisfy the training requirements for volunteer firefighters set forth in legislative rules promulgated pursuant to 15A-11-9 of this code.
(d) The State Fire Commission shall propose rules for legislative approval in accordance with the provisions of 29A-3-1
et seq.
of this code to implement the provisions of this section.
(e) Any courtesy certification issued pursuant to this section may be revoked at any time if the individuals certification in the bordering state is restricted, revoked, or otherwise expires.
(f) Any courtesy certification issued pursuant to this section must be renewed biennially.
(g) The State Fire Commission may deny, suspend, or revoke a courtesy certification if the certificate holder is, or has acted, not in compliance with all applicable laws, rules, and regulations.
(h) Appeals from any final decision of the Fire Commission shall be heard by the Office of Administrative Hearings pursuant to this chapter.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 11. Fire Commission › §15A-11-11. Fire Service Equipment and Training Fund; Creation of Fire Service Equipment and Training Grant; Reports of Ineligibility to State Fire Marshal

(a) There is hereby continued in the Treasury a special revenue fund to be known as the Fire Service Equipment and Training Fund. Expenditures from the fund by the State Fire Commission are authorized from collections. The fund may only be used for the purpose of providing grants to equip volunteer and part-volunteer fire companies and departments and their members, and to train volunteer and part-volunteer firefighters. Any balance remaining in the fund at the end of any fiscal year does not revert to the General Revenue Fund, but remains in the Special Revenue Fund.
(b) The State Fire Commission shall establish a grant program for equipment and training for volunteer and part-volunteer fire companies and departments. Such grant program shall be open to all volunteer and part-volunteer fire companies and departments. In making grants pursuant to this section, the State Fire Marshal shall consider:
(1) The number of emergency and nonemergency calls responded to by the company or department;
(2) The activities and responses of the company or department;
(3) The revenues received by the company or department from federal, state, county, municipal, local, and other sources; and
(4) The companys or departments assets, expenditures, and other liabilities, including whether the fire company or department has availed itself of available statewide contracts.
(c) The State Fire Commission may promulgate emergency rules and shall propose legislative rules for promulgation in accordance with 29A-3-1
et seq.
of this code as may be necessary to implement and comply with the provisions of this section.
(d) The Legislative Auditor shall notify the State Fire Marshal of any volunteer or part-volunteer fire company or department that is ineligible to receive grant funds due to the companys or departments failure to file required bank statements or financial reports or failure to comply with an audit or review by the Legislative Auditor. A volunteer or part-volunteer fire company or department reported by the Legislative Auditor shall be ineligible to receive funds under this section until the Legislative Auditor notifies the State Fire Marshal that the company or department has come into compliance.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 12. West Virginia Fusion Center › §15A-12-4. Memoranda of Understanding Required

(a) Each governmental and nongovernmental entity participating in the West Virginia Fusion Center shall enter a memorandum of understanding between the West Virginia Fusion Center and the participating entity. The memorandum of understanding shall at a minimum:
(1) Provide a framework and working mechanism for the organization of the West Virginia Fusion Center to address issues that are common to city, county, state, and federal governments obligations to protect the safety and well-being of citizens and to enhance the success of the Fusion Center in responding to criminal, terrorist, and other threats to public safety through the achievement of coordination and cooperation;
(2) Clarify the working relationships between the governmental and nongovernmental entities and use limitations of shared information; and
(3) Outline the intent of the parties regarding the information provided by the governmental and non- governmental entities to the West Virginia Fusion Center.
(b) Nothing in any agreement shall obligate any nongovernmental entity to provide information nor establish any duty for any nongovernmental entity to assume any police or law enforcement responsibilities.
(c) Failure of any governmental or nongovernmental entity to abide by the restrictions and use limitations set forth by the West Virginia Fusion Center may result in the suspension or termination of use privileges, discipline sanctions imposed by the users employing agency, or criminal prosecution.
(d) Any and all interagency memoranda of understanding and participating public or private persons, organizations, entities, or agencies described in this section shall be subject to all restrictions and prohibitions described in this section.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 12. West Virginia Fusion Center › §15A-12-6. Receipt of Information; Immunity From Liability

(a) No cause of action for defamation, invasion of privacy, or negligence shall arise against any person by reason of that persons furnishing information concerning any suspected, anticipated, or completed criminal violation or terrorist activity when the information is provided to or received from the West Virginia Fusion Center or any federal, state, or local governmental or private sector entity established for the purpose of detecting and preventing acts of criminal activity or terrorism:
Provided
, That with regard to any Fusion Center intelligence or information gathering activity or operation against a U.S. Citizen related to alleged terrorism or violation of a law, such allegation must be vetted and confirmed by procedures substantially in compliance with those set forth in laws, rules, and regulations developed in accordance with 50 U.S.C. 3036(d).
(b) No person shall be subject to such cause of action for cooperating with or furnishing evidence or information regarding any suspected criminal violation to the West Virginia Fusion Center.
(c) This section shall not provide immunity for those disclosing or furnishing false information with malice or willful intent to injure any person, nor for any person who does not comply with the procedures set forth in 15A-9-6(a) of this code.
(d) This section does not in any way abrogate or modify common law or statutory privilege or immunity heretofore enjoyed by any person or entity.
2023 West Virginia Code › Chapter 15A. Department of Homeland Security › Article 12. West Virginia Fusion Center › §15A-12-8. Registration Plates to Official Vehicles Used in Agency Activities

Notwithstanding any provision of this code to the contrary, the Commissioner of the Division of Motor Vehicles is authorized to issue Class A license plates to authorized state-owned vehicles operated by the West Virginia Fusion Center when the director signs a written affidavit stating that the vehicle or vehicles for which the plates are being requested will be used by the West Virginia Fusion Center in fulfilling its mission.
2023 West Virginia Code › Chapter 16. Public Health › Article 1. State Public Health System › §16-1-1. Purpose

It is the policy of this state to promote the physical and mental health of all of its citizens and to prevent disease, injury, and disability whenever possible. The state recognizes its responsibility to assist in the provision of essential public health services and establishes by this article a state public health system to work in conjunction with local boards of health to provide basic public health services that encourage healthy people in healthy communities. Until January 1, 2024, the Bureau for Public Health and the Department of Health and Human Resources shall have those powers and duties respecting the administration of the state public health system as authorized, granted and imposed by this chapter and elsewhere by law.
Beginning January 1, 2024, the Department of Health is comprised of the agencies as provided in 5F-2-1a of this code, is charged with the administration of this chapter, and shall have those powers and duties respecting the administration of the state public health system as authorized, granted and imposed by this chapter and elsewhere by law.
2023 West Virginia Code › Chapter 16. Public Health › Article 1. State Public Health System › §16-1-5. State Health Officer; Commissioner of the Bureau for Public Health; Appointment; Qualifications; Term

The Commissioner of the Bureau for Public Health may be designated the state health officer. The commissioner and the state health officer shall be appointed by the secretary. The commissioner shall be a person holding a doctorate degree in public health administration unless designated the state health officer. The state health officer shall be licensed under the laws of this state to practice medicine. The commissioner and the state health officer serve at the will and pleasure of the secretary and shall not be actively engaged or employed in any other business, vocation, or employment, serving full-time in the duties of the office as prescribed by this article.