reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 21. Labor › Article 15. Zipline and Canopy Tour Responsibility Act › §21-15-7. Inspection and Permit Fees

(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each zipline or canopy tour.
(1) The annual inspection fee, if an inspection is to be done by the division, is $100 for each zipline or canopy tour.
(2) The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit.
(3) The division shall waive the inspection fee for a zipline or canopy tour whose operator provides proof of nonprofit business status or for any zipline or canopy tour whose operator provides proof that an inspection has been completed within the last year by a certified special inspector as provided in §21-15-9 of this code.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any operator requires an inspection as the result of a violation of the permitting requirements of §21-15-9 of this code, the division shall charge the operator $75 per hour in addition to the established inspection fee, including travel time.
(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury known as the Amusement Rides and Amusement Attractions Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.
(d) No inspection fee may be charged public agencies.
2023 West Virginia Code › Chapter 21. Labor › Article 15. Zipline and Canopy Tour Responsibility Act › §21-15-8. Inspectors

(a) The Division may hire or contract with inspectors to inspect zipline or canopy tours. The Division is responsible for oversight and review of the activities of special inspectors and may hire or contract with inspectors to review the activities of special inspectors.
(b) The Division shall certify all special inspectors. The Division may suspend or revoke any certification of a special inspector upon a showing of good cause. The Division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code providing an application process and minimum qualifications for certification of special inspectors. The Division may charge an annual certification fee not to exceed $50.00.
2023 West Virginia Code › Chapter 21. Labor › Article 15. Zipline and Canopy Tour Responsibility Act › §21-15-9. Permits; Application; Annual Inspection

(a) No operator may knowingly permit the operation of a zipline or canopy tour without a permit issued by the Division.
(b) Each year and at least fifteen days before the first time the zipline or canopy tour is made available in this state for public use, an operator shall apply for a permit to the Division on a form furnished by the Division and containing any information the Division may require.
(c) The Division shall, upon application and within ten days of the first time the zipline or canopy tour is made available in this state for public use, inspect the zipline or canopy tour.
(d) The Division shall inspect all zipline or canopy tours at least once every year.
(e) The Division may conduct inspections at any reasonable time without prior notice: Provided, That in lieu of performing its own inspection, the Division shall accept inspection reports from special inspectors certified by the Division.
2023 West Virginia Code › Chapter 21. Labor › Article 15. Zipline and Canopy Tour Responsibility Act › §21-15-10. Issuance of Permit; Certificate of Inspection; Availability to Public

If, after inspection, a zipline or canopy tour, is found to comply with the rules of the division, the division shall issue a permit to operate. The permit shall be in the form of a certificate of inspection and shall be kept in the records of any operator for a three-year period and shall be readily accessible to the public for inspection at any reasonable time at the zipline location. A copy of the certificate, showing the last date of inspection, shall be affixed to the zipline upon issuance, or at any other location designated by the commissioner of the division: Provided, That the division shall take final action upon all completed permit applications within thirty days of receipt if the application is uncontested, or within ninety days if the application is contested.
2023 West Virginia Code › Chapter 21. Labor › Article 15. Zipline and Canopy Tour Responsibility Act › §21-15-11. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public

An operator of a zipline or canopy tour shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of the zipline or canopy tour that results in a serious physical injury to any person requiring medical treatment or results in a loss of consciousness to any person. Notice to the division may be oral, written or by electronic means, but this notice requirement in no way limits the an operators responsibility to notify emergency or law enforcement personnel of the incident as soon as is reasonably practicable. The division shall investigate each fatality or accident and any safety-related complaint involving a zipline or canopy tour in this state about which the division receives notice. Every operator of a zipline or canopy tour shall keep a record of each accident or fatality and the record shall be kept with the certificate of inspection required by this article and shall be readily accessible to the public for inspection at any reasonable time at the place where the zipline or canopy tour is located.
2023 West Virginia Code › Chapter 21. Labor › Article 15. Zipline and Canopy Tour Responsibility Act › §21-15-13. Temporary Cessation of the Operation of a Zipline or Canopy Tour Determined to Be Unsafe

The division may order, in writing, a temporary cessation of operation of a zipline if it has been determined after inspection to be hazardous or unsafe. Operation may not resume until the conditions are corrected to the satisfaction of the division.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-3. License Required; Exemptions

(a) On and after January 1, 2016, a person performing or offering to perform work on a heating, ventilating, and cooling system in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article and the legislative rules promulgated pursuant hereto:
Provided
, That the commissioner shall issue HVAC residential technician licenses to qualified applicants without examination who present satisfactory evidence no later than December 31, 2019, of having at least 2,000 hours of experience and/or training working on heating, ventilating, and cooling systems:
Provided, however
, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination.
(b) Notwithstanding any other provision of this article to the contrary, the commissioner shall credit verified military service, training, or education toward the licensing requirements, including examination requirements pursuant to 21-16-11 of this code, for a license issued under this article. The commissioner shall expedite the issuance of a provisional license or a license by endorsement or reciprocity under this article to an applicant who has verified military experience or holds a current license issued by another jurisdiction that has license requirements that are substantially equivalent to the license requirements of this state.
(c) A person licensed under this article shall carry a copy of the license on any job in which heating, ventilating, and cooling work is being performed.
(d) This article does not apply to:
(1) A person who personally performs work on a heating, ventilating, and cooling system in a single family dwelling owned by that person or by a member of that persons immediate family;
(2) A person who performs work on a heating, ventilating, and cooling system at a manufacturing plant or other industrial establishment as an employee of the person, firm, or corporation operating the plant or establishment;
(3) A person who performs only electrical or plumbing work on a heating, ventilating, and cooling system, which includes, but is not limited to, thermostats, bathroom fans, and tankless water heater ventilation, so long as the work is within the scope of practice which the person is otherwise licensed or authorized to perform; or
(4) A person who performs routine maintenance on any heating, ventilating, and cooling system.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-4. Scope of Practice

(a) An HVAC technician in training is authorized to assist in providing heating, ventilating, and cooling work only under the direction and control of a HVAC technician.
(b) An HVAC technician is authorized to provide heating, ventilating, and cooling work without supervision.
(c) Persons licensed under this article are subject to the applicable provisions of the Contractor Licensing Act in 30-42-1
et seq
., of this code in the performance of work authorized by this article.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-5. Rule-Making Authority

(a) The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of 21-16-5
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, applications, examinations, and qualifications:
Provided
, That an HVAC technician may not be required to provide documentation of more than 2,000 hours of total work, training, and experience as a requirement for licensure;
(2) Provisions for the granting of HVAC technician licenses, without examination, to applicants who present satisfactory evidence no later than July 1, 2016, of having at least 2,000 hours of experience and/or training working on heating, ventilating, and cooling systems and at least 6,000 hours of experience and/or training in heating, ventilating, and cooling, or related work, to include other sheet metal industry tasks:
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) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;
(5) Fees for issuance and renewal of licenses and other costs necessary to administer the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of this article.
(b) The commissioner may promulgate emergency rules pursuant to the provisions of 29A-3-15 of this code for the purpose of describing:
(1) Provisions for the granting of HVAC residential technician licenses without examination to qualified applicants who present satisfactory evidence no later than December 31, 2019, of having at least 2,000 hours of experience and/or training working on heating, ventilating, and cooling systems:
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;
(2) Provisions for developing an examination required to obtain an HVAC residential technician license commensurate with the scope of practice for HVAC residential technicians as described in 21-16-2(d) of this code:
Provided
, That the rules proposed by the commissioner shall provide that the HVAC residential license examination will be developed in consultation with HVAC industry representatives; and
(3) Provisions for allowing HVAC residential technicians to perform work on nonresidential heating, ventilating, and cooling systems subject to rules promulgated by the commissioner.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-6. Enforcement; Interagency Agreements Authorized

(a) The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer of the Division of Labor as authorized by the Commissioner of Labor may enforce the provisions of this article and may, at reasonable hours, enter any building or premises where heating, ventilating and cooling work is performed and issue cease and desist orders for noncompliance.
(b) The Commissioner of Labor may enter into an interagency agreement with the State Fire Marshal for the mutual purpose of enforcing the provisions of this article and the provisions of article three-e, chapter twenty-nine of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-7. Denial, Suspension, and Revocation of License

(a) The Commissioner of Labor may deny a license to any applicant who fails to comply with the provisions of this article or the rules established by the Commissioner of Labor, or who lacks the necessary qualifications:
Provided
, That the commissioner shall apply 21-1-6 of this code to determine if the prior criminal conviction bears a rational nexus to the license being sought.
(b) The Commissioner of Labor 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;
(3) The licensee incompetently or unsafely performs heating, ventilating, and cooling work; or
(4) The licensee violated any statute of this state, any legislative rule, or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful, or improper business practices.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-8. Penalties

(a) On and after January 1, 2016, a person performing or offering to perform, or an employer authorizing a person not exempt by the provisions of section three of this article, to perform, heating, ventilating, and cooling work without a license issued by the Commissioner of Labor, is subject to a cease and desist order.
(b) A person continuing to perform, or an employer continuing to authorize a person not exempt by the provisions of 21-16-3 of this code, to perform, heating, ventilating, and cooling work after the issuance of a cease and desist order 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;
(3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000.
(c) Each day after official notice is given, a person continues to perform, or an employer continues to authorize a person to perform, and which is not exempt by the provisions of section three of this article, heating, ventilating, and cooling work, is a separate offense and punishable accordingly.
(d)(1) The Commissioner of Labor may institute proceedings in the circuit court of Kanawha County or of the county where the alleged violation of the provisions of this article occurred or are occurring to enjoin any violation of any provision of this article.
(2) A circuit court may by injunction compel compliance with this article, with the lawful orders of the Commissioner of Labor, and with any final decision of the Commissioner of Labor.
(3) The Commissioner of Labor 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 Commissioner of Labor may appeal the action pursuant to chapter 29A of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-9. Inapplicability of Local Ordinances

On and after January 1, 2016, a political subdivision of this state may not require, as a condition precedent to the performance of work on heating, ventilating and cooling in the political subdivision, a person who holds a valid and current license issued under this article, to have any other license or other evidence of competence beyond those required by the Commissioner of Labor to perform work on heating, ventilating and cooling systems.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-10. Disposition of Fees

All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the HVAC Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.
2023 West Virginia Code › Chapter 21. Labor › Article 16. Regulation of Heating, Ventilating and Cooling Work › §21-16-11. Veteran Qualifications for License as Hvac Technician

(a) Any person who has served as a member of any branch of the United States Armed Forces, the National Guard, or armed forces reserve, may apply for licensure, if:
(1) He or she has successfully completed a course of instruction required to qualify him or her for rating as an HVAC technicians mate or other equivalent rating in his or her particular branch of the armed forces;
(2) He or she meets the requirements of this article;
(3) He or she has been honorably discharged from service and submits, to the Commissioner of Labor, a photostatic copy of the honorable discharge;
(4) He or she submits a completed application to the Commissioner of Labor; and
(5) He or she pays the prescribed licensing fees.
(b) A veteran who has allowed more than 30 years to pass from the date of his or her successful completion of a course of instruction and the date of application for licensure in this state may be required to attend additional training courses.
2023 West Virginia Code › Chapter 21. Labor › Article 17. Review and Credential Acknowledgement Procedures Act › §21-17-2. Definitions

The words defined in this section have the meanings given them for purposes of this article unless the context clearly requires otherwise.
"Board" means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or other authorization to practice to an individual.
"Lawful occupation" means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational license.
"Occupational license" is a nontransferable authorization in law for an individual to perform or practice a lawful occupation based on meeting personal qualifications established by the Legislature. In an occupation for which a license is required, it is illegal for an individual who does not possess a valid occupational license to perform or practice the occupation.
"Other authorization to practice" is a nontransferable acknowledgment, other than a license, by a state government or board that is provided to an individual asserting that the individual has met the educational and examination requirements to engage in a lawful occupation.
"Other state" or "another state" means any United States territory or state in the United States other than West Virginia.
"Scope of practice" means the procedures, actions, processes, and work that a person may perform under an occupational license or other authorization to practice issued in this state.
2023 West Virginia Code › Chapter 21. Labor › Article 17. Review and Credential Acknowledgement Procedures Act › §21-17-3. Occupational License or Other Authorization to Practice

(a) Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application, if all the following apply:
(1) The person holds a valid occupational license or other authorization to practice in another state in a lawful occupation with a similar scope of practice and with education, experience, and examination requirements for licensure or authorization to practice similar to those of this state, as determined by the board in this state;
(2) The person has held the occupational license or other authorization to practice in the state where he or she holds a valid license or other authorization to practice for at least one year;
(3) The person has met all educational and examination requirements for occupational licensure or other authorization to practice in the state where he or she holds a valid license;
(4) The person is in good standing with the board in every other state where he or she holds a valid license;
(5) The person has established residency as a West Virginia resident as defined by 11-21-7(a) of this code;
(6) The person does not have a disqualifying criminal record as determined by the board in this state;
(7) The person has never had his or her license or other authorization to practice revoked by the board in another state because of negligence or intentional misconduct related to the persons work in the occupation;
(8) The person did not surrender an occupational license or other authorization to practice because of negligence or intentional misconduct related to the persons work in the occupation in another state;
(9) The person does not have a complaint, allegation, or investigation pending before a board in another state. If the person has a complaint, allegation, or investigation pending, the board in this state shall not issue or deny an occupational license or other authorization to practice to the person until the complaint, allegation, or investigation is resolved; and
(10) The person pays all applicable fees and meets all applicable bonding requirements in this state.
(b) If West Virginia requires an occupational license to lawfully work in a profession, and another state does not issue an occupational license for the same profession and instead issues another authorization to practice, West Virginia shall issue an occupational license to the person if the person otherwise satisfies subsection (a) of this section.
(c) Any person issued a license under this article must comply with all relevant continuing education requirements to renew a license established by the board and any other rule promulgated by the board as provided by 21-17-8 of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 17. Review and Credential Acknowledgement Procedures Act › §21-17-4. Work Experience

Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application based on work experience in another state, if all the following apply:
(1) The person worked in a state that does not use an occupational license or other authorization to practice that regulates a lawful occupation, but West Virginia uses an occupational license or other authorization to practice that regulates a lawful occupation with a similar scope of practice, as determined by the board;
(2) The person worked for at least two years in the lawful occupation and has acquired experience demonstrating knowledge and proficiency in the occupation similar to that which may be achieved through compliance with the education and examination requirements to practice in this state, as determined by the board;
(3) The person has taken and passed any required national examinations to lawfully practice the occupation or use a title in connection with an occupation in another state; and
(4) The person satisfies 21-17-3(a)(5), 21-17-3(a)(6), and 21-17-3(a)(10) of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 17. Review and Credential Acknowledgement Procedures Act › §21-17-7. Appeal

(a) The person may appeal the boards decision to a court of general jurisdiction in the county where the person resides.
(b) The person may appeal the boards:
(1) Denial of an occupational license or other authorization to practice;
(2) Determination of the occupation;
(3) Determination of the similarity of the scope of practice of the occupational license or other authorization to practice; or
(4) Other determinations under this article.
2023 West Virginia Code › Chapter 21. Labor › Article 17. Review and Credential Acknowledgement Procedures Act › §21-17-9. Limitations

(a) An occupational license or other authorization to practice issued pursuant to this article is valid only in West Virginia. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in law.
(b) Nothing in this article prevents West Virginia from entering into a licensing compact or reciprocity agreement with another state, foreign province, or foreign country.
(c) Nothing in this article prevents West Virginia from recognizing occupational credentials issued by a foreign province, foreign country, international organization, or other entity.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1. Unemployment Compensation › §21A-1-1. Purpose of Chapter

The purpose of this chapter is to provide reasonable and effective means for the promotion of social and economic security by reducing as far as practicable the hazards of unemployment. In the furtherance of this objective, the Legislature establishes a compulsory system of unemployment reserves in order to:
(1) Provide a measure of security to the families of unemployed persons.
(2) Guard against the menace to health, morals and welfare arising from unemployment.
(3) Maintain as great purchasing power as possible, with a view to sustaining the economic system during periods of economic depression.
(4) Stimulate stability of employment as a requisite of social and economic security.
(5) Allay and prevent the debilitating consequences of poor relief assistance.
To give effect to these purposes the Legislature establishes the following system in the belief that the purposes are reasonably within the sphere of governmental control and that the agencies created for their accomplishment are the fairest and most effective devices now available.
It is the specific intent of the Legislature that the provisions of this article shall be construed as to comply with the Unemployment Compensation Amendments of 1976 (Public Law 94-566) and for that reason the provisions of this chapter are to be effective January 1, 1978.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1. Unemployment Compensation › §21A-1-4. Workforce West Virginia Created; Divisions Within Workforce West Virginia Created; Certain Terms Defined; Employer Violator System

(a) There is continued an agency designated Workforce West Virginia, composed of:
(1) Division of Unemployment Compensation;
(2) Division of Employment Service;
(3) Division of Workforce Development;
(4) Division of Research, Information and Analysis; and
(5) Any other divisions or units that the executive director determines are necessary.
(b) Wherever within this chapter the term "department", "bureau" or "fund" is used, it shall be taken to mean Workforce West Virginia unless otherwise indicated. Any reference in this code to the Bureau of Employment Programs means Workforce West Virginia. Any reference in this code to the Commissioner of the Bureau of Employment Programs or Employment Security means the Executive Director of Workforce West Virginia.
(c) Workforce West Virginia shall be administered pursuant to subsection (b), section one, article two, chapter five-f of this code.
(d) The Executive Director of Workforce West Virginia shall establish an employer violator system to identify individuals and employers who are in default on any assessment, surcharge, tax or penalty owed to the fund. The employer violator system shall prohibit violators who own, control or have a ten percent or more ownership interest, or other ownership interest as may be defined by the executive director, in any company from obtaining or maintaining any license, certificate or permit issued by the state until the violator has paid all moneys owed to the fund or has entered into and remains in compliance with a repayment agreement. The employer violator system shall work cooperatively with all state agencies to maintain an accurate, up-to-date list of violators which shall be available in electronic format and online for agencies and the public. Before an employer is added to the violator list, he or she shall be given notice and an opportunity for an expedited administrative hearing. The executive director shall propose for promulgation emergency and legislative rules to effectuate this subsection.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1. Unemployment Compensation › §21A-1-6. Employment Stabilization

The bureau, through the commissioner and the advisory council, shall take all steps to:
(1) Reduce and prevent unemployment.
(2) Encourage and assist in the adoption of practical methods of vocational training and guidance.
(3) Encourage the establishment by the state and local subdivisions of public works reserves to finance construction programs in times of unemployment.
(4) Promote reemployment and employment readjustment between industries.
(5) Conduct researches and investigations toward these ends and publish the results.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1A. Definitions › §21A-1A-8. Benefit Year

"Benefit year" with respect to an individual means the fifty-two-week period beginning with the first day of the calendar week in which a valid claim is effective, and thereafter the fifty-two-week period beginning with the first day of the calendar week in which such individual next files a valid claim for benefits after the termination of his or her last preceding benefit year: Provided, That if a claim is effective on the first day of a quarter, the benefit year will be fifty-three weeks in order to prevent an overlapping of the base period wages: Provided, however, That for any benefit year beginning on or after January 1, 1995, if a claim is effective on the second day of a quarter and the benefit year includes February 29, the benefit year will be fifty-three weeks in order to prevent an overlapping of the base period wages. An initial claim for benefits filed in accordance with the provisions of this chapter is a valid claim within the purposes of this definition if the individual has been paid wages in his or her base period sufficient to make him or her eligible for benefits under the provisions of this chapter.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1A. Definitions › §21A-1A-14. Employing Unit

"Employing unit" means an individual, or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, corporation (domestic or foreign), state or political subdivision thereof, or their instrumentalities, as provided in paragraph (B), subdivision (9) of the definition of "employment" in this article, institution of higher education, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has in its employ one or more individuals performing service within this state.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1A. Definitions › §21A-1A-15. Employer

"Employer" means:
(1) Any employing unit which is or becomes a liable employer under any federal unemployment tax act;
(2) Any employing unit which has acquired or acquires the organization, trade or business, or substantially all the assets thereof, of an employing unit which at the time of such acquisition was an employer subject to this chapter;
(3) For the effective period of its election pursuant to section three, article five of this chapter, any employing unit which has elected to become subject to this chapter;
(4) Any employing unit which: (A) In any calendar quarter in either the current or preceding calendar year paid for service in employment wages of $1,500 or more; or (B) for some portion of a day in each of twenty different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year had in employment at least one individual (irrespective of whether the same individual was in employment in each day) except as provided in subdivisions (7) and (8) of this section;
(5) Any employing unit for which service in employment, as defined in subdivision (9), section sixteen of this article, the definition of "employment" in this article is performed;
(6) Any employing unit for which service in employment, as defined in subdivision (10), section sixteen of this article, the definition of "employment" in this article is performed;
(7) Any employing unit for which agricultural labor, as defined in subdivision (12), section sixteen of this article, the definition of "employment" is performed; or
(8) Any employing unit for which domestic service in employment, as defined in subdivision (13), section sixteen of this article, the definition of "employment" is performed.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1A. Definitions › §21A-1A-21. Institution of Higher Education

"Institution of higher education" means an educational institution which:
(1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;
(2) Is legally authorized in this state to provide a program of education beyond high school;
(3) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, or provides a program of postgraduate or postdoctoral studies, or provides a program of training to prepare students for gainful employment in a recognized occupation; and
(4) Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this definition all colleges and universities in this state are institutions of higher education.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 1A. Definitions › §21A-1A-27. Total and Partial Unemployment

"Total and partial unemployment" means:
(1) An individual is totally unemployed in any week in which such individual is separated from employment for an employing unit and during which he or she performs no services and with respect to which no wages are payable to him or her.
(2) An individual who has not been separated from employment is partially unemployed in any week in which due to lack of full-time work wages payable to him or her are less than his or her weekly benefit amount plus $60: Provided, That said individual must have earnings of at least $61.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-2. Qualifications

The commissioner shall be selected with special reference to his training, experience, and capacity.
He shall not be a candidate for or hold any other public office or trust, nor shall he be a member of a political committee. If he becomes a candidate for a public office or becomes a member of a political committee, his office as commissioner shall be immediately vacated. He shall devote his entire time to the duties of his office.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-6b. Commissioner to Be Furnished Information by State Tax Commissioner; Secrecy of Information; Violation a Misdemeanor

(a) Notwithstanding the provisions of any other statute in this code, specifically, but not exclusively, section five, article ten, chapter eleven of this code, the State Tax Commissioner shall deliver to the commissioner of the Bureau of Employment Programs the following information: The names, addresses and other identifying information of all business receiving a business franchise registration certificate.
(b) All information acquired by the Bureau of Employment Programs commissioner pursuant to subsection (a) of this section shall be used to implement and administer a single point of registration program as created in section seven, article twelve, chapter eleven of this code. The commissioner of the Bureau of Employment Programs, upon receiving the business franchise certificate information made available pursuant to subsection (a) of this section, shall contact all businesses receiving a business franchise registration certificate and provide all necessary forms to register the business under the provisions of article five of this chapter.
(c) Any officer or employee of this state who uses the aforementioned information in any manner other than the one stated herein or authorized elsewhere in this code or who divulges or makes known in any manner any of the aforementioned information shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned in the county jail for not more than one year, or both, together with cost of prosecution.
(d) Reasonable cost of compilation and production of any information made available pursuant to subsection (a) of this section shall be charged to the Bureau of Employment Programs.
(e) Information acquired by the Bureau of Employment Programs commissioner pursuant to subsection (a) of this section shall not be subject to disclosure under the provisions of chapter twenty-nine-b of this code.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-6c. Payment Withholding and Interception

(a) All state, county, district and municipal officers and agents making contracts on behalf of the State of West Virginia or any political subdivision thereof shall withhold payment in the final settlement of contracts until the receipt of a certificate from the commissioner to the effect that all payments, interest and penalties thereon accrued against the contractor under this chapter have been paid or that provisions satisfactory to the commissioner have been made for payment. Any official violating this subsection is guilty of a misdemeanor and, on conviction thereof, shall be fined not more than $1,000 or confined in a county or regional jail for not more than one year, or both fined and confined.
(b) Any agency of the state, for the limited purpose of intercepting, pursuant to section sixteen, article five of this chapter and pursuant to section five-a, article two, chapter twenty-three of this code, any payment by or through the state to an employer who is in default in payment of contributions, premiums, deposits, interest or penalties under the provisions of this chapter or of chapter twenty-three of this code, shall assist the commissioner in collecting the payment that is due. For this purpose, disclosure of joint delinquency and default lists of employers with respect to unemployment compensation and workers' compensation as provided in section one-c, article one, chapter twenty-three of this code contributions, premiums, interest, deposits or penalties is authorized. The bureau and the workers' compensation commission may enter into an interagency agreement to effect the provisions of this section. The lists may be in the form of a computerized database to be accessed by the Auditor, the Department of Tax and Revenue, the Department of Administration, the Division of Highways or any other appropriate state agency or officer.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-8. Assistants and Employees

The commissioner shall appoint, upon a nonpartisan merit basis, the division and unit heads and such assistants and employees as may be necessary to the efficient operation of the bureau. He shall fix their compensation in accordance with the provisions of article six, chapter twenty-nine of this code.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-10. Examinations and Annual Merit Ratings

The commissioner shall hold examinations to determine the technical and professional qualifications of applicants for positions. The examinations shall be a guide to the commissioner in making his appointments.
The commissioner shall annually rate the employees according to their merit and shall determine whether they are maintaining standards of eligibility.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-11. Dismissals, Terminations, Layoffs and Suspensions

The commissioner shall establish regulations governing dismissals, terminations, layoffs and suspensions. Severance of employees' relationship with the bureau shall be in accordance with these regulations. All severances shall be for good cause. Failure to maintain technical or professional qualifications shall be a good cause for severance.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-15. Employment Offices

The commissioner shall establish and maintain free public employment offices in such places as necessary for the proper administration of this chapter and for the purpose of performing the duties within the purview of the act of Congress entitled "An act to provide for the establishment of a national employment system and for cooperation with states in the promotion of such system, and for other purposes," approved June 6, 1933, as amended.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-16a. Work Incentive Program

The Bureau of Employment Programs, by its commissioner, is hereby designated the sponsor or agent of the United States department of labor for the establishment and operation within the State of West Virginia of the work incentive program for recipients of aid under Part A of Title IV of the Social Security Act. Such work incentive program is provided for in Part C of said Title IV of said Social Security Act. Part C was enacted by the Ninetieth Congress in Social Security Amendments of 1967, Public Law 90-248, under Section 204 thereof.
The commissioner, on behalf of the bureau, may do any and all acts necessary to establish and operate such work incentive program within the State of West Virginia.
The commissioner is hereby empowered and authorized to enter into agreements with the secretary of labor, or his designee, for the purpose of establishing and operating said work incentive program, or any part thereof, within the State of West Virginia.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-17. Acceptance of Aid

All moneys received by this state under the said act of Congress, as amended, shall be paid into the employment service account, to be expended as provided by this chapter and by said act of Congress. For the purpose of establishing and maintaining free public employment offices, the commissioner may enter into agreements with any political subdivision of the state or with any private nonprofit organization, and as part of such an agreement the commissioner may accept money, services, or quarters as a contribution to the employment service account.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-18. Legal Counsel

The Attorney General and his assistants and the prosecuting attorneys of the several counties shall render to the commissioner without additional compensation such legal services as in the discharge of his duties he shall require.
The commissioner may employ temporarily or as regular members of the department additional legal counsel. The remuneration of such counsel shall be paid from the administration fund.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-20. Oaths and Witnesses

The commissioner and his specially authorized representatives shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence in connection with a dispute or the administration of this chapter.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-21. Subpoenas

The commissioner or his authorized representative shall have the power to issue subpoena for the production of persons and papers in all proceedings within the purview of this chapter. In case a person refuses to obey such subpoena the commissioner or his representative may invoke the aid of any circuit court in order that the testimony or evidence be produced. Upon proper showing, such court shall issue a subpoena or order requiring such persons to appear before the commissioner or his representative and produce all evidence and give all testimony touching the matter in question.
A person failing to obey such order may be punished by such court as for contempt.
2023 West Virginia Code › Chapter 21A. Unemployment Compensation › Article 2. The Commissioner of Workforce West Virginia › §21A-2-22. Publications

The commissioner shall print for public distribution:
(1) The text of this chapter;
(2) The regulations and general rules of the division; and
(3) Such other material as the commissioner deems relevant and suitable for the more effective administration of the chapter, including, for distribution to employers and organizations and associations representative of employer and employee interests, quarterly statements of the condition of the unemployment compensation trust fund and any other information relating to the administration thereof which the commissioner may deem to be pertinent and proper.