reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 11. Leave of Absence for Public Officers Entering Military Service › §6-11-1. Persons Entitled to Leave

Any person holding any office or position of public trust, responsibility or service, elective or appointive, in the government of this state or in any county, municipality or any other unit or combined unit of government therein, who may enter the military, naval, marine corps or coast guard service of the United States of America, may obtain a leave of absence from such office or position and, upon the completion of and discharge from any of such armed services, shall have the right to reassume for the unexpired or remaining term thereof, the office or position held by such person at the time of entering any of such armed services. The officer, court, tribunal, board or person having the power to make an original appointment to such office or position, or to make an appointment to fill a vacancy therein, shall, upon request, grant such leave of absence. The reassumption of any office or position as herein provided shall be without any prejudice whatsoever to the status, merit rating or standing of the holder thereof by reason of his absence therefrom while in the aforesaid armed services of the United States.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 11. Leave of Absence for Public Officers Entering Military Service › §6-11-2. Period of Replacement Appointment

Whenever the holder of any such public office or position enters any of the services mentioned in section one hereof and another is named to perform the duties of said person's office or position, such other person shall not be named for a period longer than the period served by the holder of such office in the aforesaid armed services of the United States. The holder of any executive office other than Governor mentioned in section 1 of article VII of the Constitution of this state shall have the right to name the person who shall perform the duties of his office, and the person so named by such executive officer shall take over and perform all the duties of the office and may exercise all the power and authority of such executive office, in any manner pertaining thereto, and shall receive the salary of such executive officer. Such person shall be known as an "acting" officer.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 11. Leave of Absence for Public Officers Entering Military Service › §6-11-3. Article Not to Affect Terms or Authorize Compensation to Persons Not Performing Duties

This article shall not be construed:
(a) As any attempt to enlarge or to extend the length of term of any such public office or position or to create a definite term where no definite term with respect to such office or position has heretofore existed.
(b) As providing that the salary or wages payable to any person holding any such public office or position and performing the duties thereof shall be paid to such person when not performing said duties because of such services in the Armed Forces of the United States.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 12. General Liability, Bodily Injury and Property Damage Insurance by State and Local Governments › §6-12-1. General Liability Insurance for Proprietary Functions; Bodily Injury and Property Damage Motor Vehicle Insurance at Public Expense; Contractors to Provide Like Insurance

Officers, boards, commissions or agencies of the state or of any county, municipality or any other unit of local or state government, authorized to spend public funds, or to direct the expenditure of public funds, may provide at public expense for liability insurance against risks engendered in their proprietary functions, bodily injury liability and property damage liability insurance against the negligence of the drivers of motor vehicles operated by or for such officers, boards, commissions and agencies in such amount as such officers, boards, commissions and agencies may specify, and any such officer, board, commission or agency having the authority to contract for the use in the service of such officer, board, commission or agency, of any motor vehicle, may require the contractor to provide like insurance at his own expense in such amount as such officer, board, commission or agency may specify.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 12. General Liability, Bodily Injury and Property Damage Insurance by State and Local Governments › §6-12-2. Policy May Authorize Action Against Insurance Company With or Without Joining Driver as Defendant

Any insurance policy obtained in pursuance of the provisions of section one of this article may, by agreement between the insurance company issuing the policy and the officer, board, commission or agency applying for such insurance, contain a provision authorizing an action on such policy to be maintained against the insurance company issuing the policy by or in the name of any person sustaining bodily injury or property damage, either with or without joining the driver of such motor vehicle as a party defendant, or in the name of the personal representative of a deceased person, the proximate cause of whose death was the negligence of the driver. Such provision shall be valid and enforceable if set forth in the body of the policy or in a rider attached to the policy as a part thereof.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 13. Preference Rating of Veterans on Written Examination on Nonpartisan Merit Basis › §6-13-1. Definitions

(a) "Active duty" or "active-duty service" means full-time duty in the armed forces of the United States, as defined in 10 USC 101(d) or 32 USC 502, 503, or 904.
(b) "Active duty for training" means full-time duty in the armed forces of the United States for a period of more than 90 consecutive days for training purposes performed by members of the National Guard or Military Reserves.
(c) "Armed forces" shall have the same definition as provided in 5 U.S.C. 2101(2) and means the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force.
(d) "Certification" means any written document from the armed forces that certifies that a service member is expected to be discharged or released from active-duty service in the armed forces under honorable conditions not later than 120 days after the date the certification is submitted for consideration in the hiring process, at the time and in the manner prescribed by the applicable job opportunity announcement. Prior to appointment, the service member's character of service and qualifying discharge release must be verified through a DD Form 214 or equivalent documentation.
(e) "Disabled veteran" means a person who has been discharged or released from active-duty service under honorable conditions performed at any time, or who has a certification as defined in subsection (c) of this section, and who has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or a pension because of a statute administered by the Department of Veterans Affairs or by a military department.
(f) "Rule of 3" refers to the rule under which managers are required to select new employees from among the top three available candidates rated and referred to them by an examining office.
(g) "Veteran" means a person who has been discharged or released from active-duty service in the armed forces under honorable conditions, or who has completed active duty for training for a period of more than 90 consecutive days as a member of the National Guard or Military Reserves.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 14. Uniform Facsimile Signatures of Public Officials Act › §6-14-1. Definitions

As used in this article:
(a) "Public security" means a bond, note, certificate of indebtedness or other obligation for the payment of money issued by this state or by any of its departments, agencies, boards, commissions or other instrumentalities or by any of its public corporations, political subdivisions, municipal corporations or other governmental units.
(b) "Instrument of payment" means a check, draft, warrant or order for the payment, delivery or transfer of funds.
(c) "Authorized officer" means any official of this state or of any of its departments, agencies, boards, commissions or other instrumentalities or of any of its public corporations, political subdivisions, municipal corporations or other governmental units whose signature to a public security or instrument of payment is required or permitted.
(d) "Facsimile signature" means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 14. Uniform Facsimile Signatures of Public Officials Act › §6-14-2. Facsimile Signature; Use; Legal Effect

Any authorized officer, after filing with the Secretary of State his manual signature certified by under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature:
(a) Any public security, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed. If a public security is required to be manually signed by a trustee, issuing agent, fiscal agent, registrar, or other agent or custodian, the signature of any or all authorized officers may be executed by facsimile; and
(b) Any instrument of payment.
Upon compliance with this article by the authorized officer, his facsimile signature shall have the same legal effect as his manual signature.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 14. Uniform Facsimile Signatures of Public Officials Act › §6-14-3. Facsimile Seal; Use; Legal Effect

When the seal of this state or of any of its departments, agencies, boards, commissions or other instrumentalities or of any of its public corporations, political subdivisions, municipal corporations or other governmental units is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal shall have the same legal effect as the impression of the seal.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 14. Uniform Facsimile Signatures of Public Officials Act › §6-14-4. Use With Intent to Defraud; Penalty

Any person who with intent to defraud uses on a public security or an instrument of payment:
(a) A facsimile signature of any authorized officer or any reproduction of such facsimile signature, or
(b) Any facsimile seal of this state or of any of its departments, agencies, boards, commissions or other instrumentalities or of any of its public corporations, political subdivisions, municipal corporations or other governmental units, or any reproduction of such facsimile seal is guilty of a felony and, shall be imprisoned in the penitentiary not less than one nor more than ten years.
2023 West Virginia Code › Chapter 6. General Provisions Respecting Officers › Article 14. Uniform Facsimile Signatures of Public Officials Act › §6-14-7. Severability Provision

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application and to that end the provisions of this article are severable.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-2. Statement of Policy

Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of government during such an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of this state and its political subdivisions in the event of the incumbents thereof and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices hereinafter referred to as deputies, assistants, or otherwise, are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-3. Definitions

Unless otherwise clearly required by the context, as used in this article:
(a) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy and his duly authorized deputy, are absent or unable to exercise the powers and discharge the duties of the office.
(b) "Emergency interim successor" means a person designated pursuant to this article, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(c) "Office" includes all state and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the office of Governor, and except those in the Legislature and the judiciary.
(d) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damages or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes.
(e) "Political subdivision" includes counties, cities, towns, districts, authorities, and other public corporations and entities, whether organized and existing under charter or general law.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-4. Additional Successors to Office of Governor

(a) In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his or her office, or is unavailable, then the President of the Senate shall act as Governor, and if the President of the Senate, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of the office of Governor, or is unavailable, then the Speaker of the House of Delegates shall act as Governor, and if the Speaker of the House of Delegates, for any of the reasons specified in the Constitution, is not able to exercise and discharge the duties of the office of Governor, or is unavailable, then the Attorney General, the State Auditor, and resident ex-Governors of this state, in inverse order of service, shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governor is elected and qualified, or until a preceding named officer becomes available.
(b) The Legislature recognizes that pursuant to the provisions of subsection (a) of this section, the President of the Senate is charged with the responsibility of first successor to the Governor in the event the Governor is unable to exercise the powers and discharge the duties of his or her office and in that regard, the President of the Senate is functioning similarly to a lieutenant Governor. Therefore, the Legislature determines that the President of the Senate shall be additionally designated the title of "lieutenant Governor" in acknowledgment of the president's responsibility as first successor to the Governor.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-5. Emergency Interim Successors for State Officers

All state officers, subject to such regulations as the Governor may issue, shall, upon approval of this article, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three nor more than seven such deputies or emergency interim successors or any combination thereof at any time. In the event of an attack, and in the event that any state officer or his deputy, if any, is unavailable following such an attack, the said powers of his office shall be exercised and said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this article or other official authorized under the Constitution or this article to exercise the powers and discharge the duties of the office of Governor may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected, and qualified as provided by law; or an officer or his deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-6. Enabling Authority for Emergency Interim Successors for Local Offices

With respect to local offices for which the governing bodies of cities, towns, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such governing bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of this article or any other statute of this state.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-7. Emergency Interim Successors for Local Officers

The provisions of this section shall be applicable to officers of political subdivisions, including, but not limited to, cities, towns, and counties, as well as fire, power and drainage and other types of districts not included in section six. Such officers, subject to such regulations as the governing body may issue, shall, upon approval of this article, designate by title, if feasible, or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to insure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or any combination thereof at any time. In the event of an attack, and in the event that any officer of any political subdivision or his deputy provided for pursuant to law is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes; or until the officer or his deputy or a preceding emergency interim successor again becomes available to exercise the powers and discharge the duties of his office.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-8. Special Emergency Judges

In the event of an attack and in the event that any judge of any court of record is unavailable to exercise the powers and discharge the duties of his office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the provisions of the Constitution or statutes is available to exercise the powers and discharge the duties of such office, the duties of the office shall be discharged and the powers exercised by the special emergency judges hereinafter provided for:
(a) Each member of the state Supreme Court of Appeals shall designate special emergency judges in the number of not less than three nor more than seven to serve in the event that he becomes unavailable, and shall specify the order of their succession by order duly entered in the Supreme Court of Appeals.
(b) The special emergency interim judges of all other courts of record shall be elected by the attorneys practicing within the jurisdiction of said courts.
Such special emergency judges of the Supreme Court of Appeals shall, in the order specified, exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation. The designating authority shall review and revise, as necessary, designations made pursuant to this article to insure their current status.
Said special emergency judges shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the Constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-9. Formalities of Taking Office

At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-10. Period in Which Authority May Be Exercised

Officials authorized to act as Governor pursuant to this article, emergency interim successors and special emergency judges are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The Legislature, by concurrent resolution, may at any time terminate the authority of said emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as herein provided.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-11. Removal of Designees

Until such time as the persons designated as emergency interim successors or special emergency judges are authorized to exercise the powers and discharge the duties of an office in accordance with this article, including section ten hereof, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.
2023 West Virginia Code › Chapter 6A. Executive and Judicial Succession › Article 1. Executive and Judicial Succession › §6A-1-12. Disputes

Any dispute concerning a question of fact arising under this article with respect to an office in the executive branch of the state government except a dispute of fact relative to the office of Governor shall be adjudicated by the Governor or other official authorized under the Constitution and this article to exercise the powers and discharge the duties of the office of Governor and his decision shall be final.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability › §6B-1-4. Remedies and Penalties in Addition to Other Applicable Remedies and Penalties

The provisions of this chapter shall be in addition to any other applicable provisions of this code and except for the immunity provided by section three, article two of this chapter shall not be deemed to be in derogation of or as a substitution for any other provisions of this code, including, but not limited to, article five-a, chapter sixty-one of this code and except for the immunity provided by section three, article two of this chapter the remedies and penalties provided in this chapter shall be in addition to any other remedies or penalties which may be applicable to any circumstances relevant to both.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability › §6B-1-5. Severability

The provisions of subsection (cc), section ten, article two, chapter two of this code shall apply to the provisions of this chapter to the same extent as if the same were set forth in extenso herein.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 1. Short Title; Legislative Findings, Purposes and Intent; Construction and Application of Chapter; Severability › §6B-1-6. Deposit of Funds

All moneys collected pursuant to this chapter except fines imposed pursuant to paragraph (D), subdivision (1), subsection (r), section four, article two of this chapter shall be deposited in the General Revenue Fund in the state Treasury pursuant to the provisions of section two, article two, chapter twelve of this code.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges › §6B-2-2. Same – General Powers and Duties

(a) The commission shall propose rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this code, to carry out the purposes of this article.
(b) The commission may initiate or receive complaints and make investigations, as provided in section four of this article, and upon complaint by an individual of an alleged violation of this chapter by a public official or public employee, refer the complaint to the Review Board as provided in section two-a of this article. Any person charged with a violation of this chapter is entitled to the administrative hearing process contained in section four of this article.
(c) The commission may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of books, papers, records or other evidence needed for the performance of the commission’s duties or exercise of its powers, including its duties and powers of investigation.
(d) The commission shall, in addition to its other duties:
(1) Prescribe forms for reports, statements, notices and other documents required by law;
(2) Prepare and publish manuals and guides explaining the duties of individuals covered by this law; and giving instructions and public information materials to facilitate compliance with, and enforcement of, this act; and
(3) Provide assistance to agencies, officials and employees in administering the provisions of this act.
(e) The commission may:
(1) Prepare reports and studies to advance the purpose of the law;
(2) Contract for any services which cannot satisfactorily be performed by its employees;
(3) Require the Attorney General to provide legal advice without charge to the commission;
(4) Employ additional legal counsel;
(5) Request appropriate agencies of state to provide any professional assistance the commission may require in the discharge of its duties: Provided, That the commission shall reimburse any agency other than the Attorney General the cost of providing assistance; and
(6) Share otherwise confidential documents, materials or information with appropriate agencies of state government, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material or information.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges › §6B-2-3. Advisory Opinions; Enforcement; Applicability; Legislative Review; Rule Making

(a) A person subject to the provisions of this chapter may make application in writing to the Ethics Commission for an advisory opinion on whether an action or proposed action violates the provisions of this chapter or the provisions of section fifteen, article ten, chapter sixty-one of this code and would thereby expose the person to sanctions by the commission or criminal prosecution. The commission shall respond within thirty days from the receipt of the request by issuing an advisory opinion on the matter raised in the request. All advisory opinions shall be published and indexed in the code of state rules by the Secretary of State: Provided, That before an advisory opinion is made public, any material which may identify the person who is the subject of the opinion shall, to the fullest extent possible, be deleted and the identity of the person shall not be revealed. A person subject to the provisions of this chapter may rely upon the published guidelines or an advisory opinion of the commission, and any person acting in good faith reliance on any such guideline or opinion shall be immune from the sanctions of this chapter and the sanctions of section fifteen, article ten, chapter sixty-one of this code, and shall have an absolute defense to any criminal prosecution for actions taken in good faith reliance upon any such opinion or guideline in regard to the sanctions of this chapter and the sanctions of section fifteen, article ten, chapter sixty-one of this code.
(b) By the first day of the third month of the calendar year, the Ethics Commission shall annually furnish copies of all advisory opinions issued during the preceding calendar year to the archives and history section of the Division of Culture and History, the office of the Clerk of the West Virginia House of Delegates, the office of the Clerk of the West Virginia Senate and the West Virginia Supreme Court of Appeals Law Library. Accompanying the initial delivery of the previous calendar year's advisory opinions after the enactment of this subsection, the commission shall supply each of these offices with copies of all advisory opinions issued subsequent to the creation of the commission.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges › §6B-2-3a. Complaints

(a) The commission may commence an investigation, pursuant to section four of this article, on the filing of a complaint duly verified by oath or affirmation, by any person.
(b) The commission may order the executive director to prepare a complaint, upon a majority affirmative vote of its members, if it receives or discovers credible information which, if true, would merit an inquiry into whether a violation of this chapter has occurred.
(c) (1) No complaint may be accepted or initiated by the commission against a public official or public employee during the sixty days before a primary or general election at which the public official or public employees is a candidate for elective office.
(2) If a complaint is pending against a public official or public employee who is also a candidate for public office, then the commission shall stay the processing of the complaint for the sixty-day time period preceding the primary election or general election, or both, unless the candidate waives the stay in writing. If the commission receives a written waiver of the stay at least sixty days prior to the election, and if the Review Board has not yet ruled whether probable cause exists to believe there has been a violation of the Ethics Act, then the Review Board will process the complaint and make a probable cause determination at least thirty days prior to the election: Provided, That, the stay provisions of this subdivision do not apply to complaints which have already been adjudicated by the commission and are pending on appeal.
(3) For purposes of this subsection, any provisions of this chapter setting time periods for initiating a complaint or for performing any other action are considered tolled until after the election at which the public official or public employee candidate stands for elective office.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges › §6B-2-5a. Code of Conduct for State Administrative Law Judges

(a) As used in this section, "state administrative law judge" means any public employee, public officer or contractor functioning as a hearing officer, referee, trial examiner or other position in state government to whom the authority to conduct an administrative adjudication has been delegated by an agency or by statute and who exercises independent and impartial judgment in conducting hearings and in issuing recommended decisions or reports containing findings of fact and conclusions of law in accordance with applicable statutes or rules, but does not include any person whose conduct is subject to the code of judicial conduct promulgated by the West Virginia Supreme Court of Appeals.
(b) In accordance with the provisions of chapter twenty-nine-a of this code, the commission, in consultation with the West Virginia State Bar, shall propose rules for legislative approval establishing a code of conduct for state administrative law judges, which shall incorporate the following major provisions:
(1) A state administrative law judge shall uphold the integrity and independence of the administrative judiciary;
(2) A state administrative law judge shall avoid impropriety and the appearance of impropriety in all activities;
(3) A state administrative law judge shall perform the duties of the office impartially and diligently;
(4) A state administrative law judge shall regulate the judge's extra-judicial activities to minimize the risk of conflict with judicial duties;
(5) A state administrative law judge shall refrain from political activity inappropriate to the office; and
(6) Appropriate civil penalties and sanctions for violations.
In proposing the rules, the commission shall consider the model codes of judicial conduct for state administrative law judges as drafted by the National Association of Administrative Law Judges and the American Bar Association.
(c) The legislative rules shall provide that an individual agency may develop a code of conduct for its own administrative law judges, which shall supersede the general code of conduct established under this section, if the commission determines that it is in substantial compliance with the objectives of the code proposed by the commission. Upon granting a waiver to an agency, the commission shall retain a copy of the agency's code to be made available to the public.
(d) The commission shall propose the legislative rules by October 1, 2004, so that it may be considered by the Legislature at the 2005 regular session, and the commission may not promulgate an emergency rule on this matter in the interim.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges › §6B-2-5b. Ethics Training Requirements

An individual who, on or after the effective date of this subsection, is elected or appointed to serve in the Legislature, as a member of the board of Public Works, and those positions in the executive branch of state government which the Governor designates by executive order, shall, within six months of filling such position, attend a training course conducted by the Ethics Commission on the requirements of the Ethics Act. The Commission shall offer the training contemplated by this section once every four years and shall prescribe by legislative rule the nature, duration and content of the training and the manner in which the training will be conducted.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges › §6B-2-9. Special Prosecutor Authorized

(a)(1) If after referral to the appropriate county prosecuting attorney under subsection (v), section four of this article the Ethics Commission finds that the prosecuting attorney is, due to ill health or conflict of interest, unable to undertake a criminal investigation or prosecution, the chair of the Ethics Commission may, upon a two-thirds vote of the members of the Ethics Commission, petition the appropriate circuit court for the appointment of a special prosecutor through the West Virginia prosecuting attorneys Institute pursuant to the provisions of section six, article four, chapter seven of this code for the purpose of conducting an investigation to determine whether a violation of the criminal law of this state has occurred.
(2) If the West Virginia prosecuting attorneys Institute is unable, due to a conflict of interest of its Executive Director, to assign a special prosecuting attorney to a criminal investigation or prosecution, the chair of the Ethics Commission may, upon a two-thirds vote of the members of the Ethics Commission, petition the appropriate circuit court for the appointment of a special prosecutor through communication with the board of Directors of the West Virginia prosecuting attorneys Institute.
(b) A special prosecutor shall have the same authority as a county prosecutor to investigate and prosecute persons subject to this article for criminal violations committed in connection with their public office or employment which constitute felonies. No person who is serving as a prosecuting attorney or assistant prosecuting attorney of any county is required to take an additional oath when appointed to serve as a special prosecuting attorney.
(c) The ethics committee shall be authorized to employ and assign the necessary professional and clerical staff to assist any such special prosecutor in the performance of his or her duties.
(d) The special prosecutor shall be empowered to make a presentment to any regularly or specially impaneled grand jury in the appointing circuit court. The special prosecutor shall be empowered to prosecute any person indicted by such grand jury.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2. West Virginia Ethics Commission; Powers and Duties; Disclosure of Financial Interest by Public Officials and Employees; Appearances Before Public Agencies; Code of Conduct for Administrative Law Judges › §6B-2-10. Violations and Penalties

(a) Any person who violates the provisions of subsection (e), (f) or (g), section five of this article or violates the provisions of subdivision (1), subsection (f), section four of this article is guilty of a misdemeanor and, upon conviction, shall be confined in jail for a period not to exceed six months or shall be fined not more than $1,000, or both. A member or employee of the commission or the Review Board convicted of violating said subdivision is subject to immediate removal from office or discharge from employment.
(b) Any person who violates the provisions of subsection (f), section six of this article by willfully and knowingly filing a false financial statement or knowingly and willfully concealing a material fact in filing the statement is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail not more than one year, or both.
(c) Any person who knowingly fails or refuses to file a financial statement required by section six of this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 nor more than $1,000.
(d) If any commission member or staff knowingly violates subsection (p), section four of this article, such person, upon conviction thereof, shall be guilty of a misdemeanor and, shall be fined not less than $100 nor more than $1,000.
(e) Any person who violates the provisions of subdivision (2), subsection (f), section four of this article by knowingly and willfully disclosing any information made confidential by an order of the commission is subject to administrative sanction by the commission as provided in subsection (s) of said section.
(f) Any person who knowingly gives false or misleading material information to the commission or who induces or procures another person to give false or misleading material information to the commission is subject to administrative sanction by the commission as provided in subsection (s), section four of this article.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2A. Rules › §6B-2A-1. Legislative Rules; Revocation of Existing Commission Emergency Rules; Manner of Reporting

(a) West Virginia Ethics Commission emergency rule one hundred fifty-eight is hereby revoked.
(b) Any disclosure form, statement or report required under any provision of this chapter shall be made in a manner prescribed by legislative rule of the commission.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2B. Limitations on a Public Official From Using His or Her Name or Likeness › §6B-2B-3. Use of Public Official’s Name or Likeness on Agency Website or Social Media

(a) A public official’s name and likeness may appear on a public agency’s website and on the agency’s social media accounts or pages in any of the following circumstances:
(1) The public official’s name and likeness appears on the agency’s website or social media accounts or pages for the purpose of providing biographical information regarding the public official;
(2) The public official’s name and likeness appears in educational materials posted or otherwise shared on the agency’s website or social media accounts or pages, so long as the educational materials comply with the requirements of §6B-2B-2(d) of this code;
(3) The public official’s name and likeness appears in a press release posted or otherwise shared on the agency’s website or social media accounts or pages, so long as the press release complies with the requirements of §6B-2B-2(e) of this code; or
(4) The public official’s name and likeness appears on the agency’s website or social media accounts or pages for any other purpose that is reasonable, incidental, appropriate, and has a primary purpose to promote the agency’s mission and services rather than to promote the public official.
(b) The requirements of this section do not apply to a public official’s personal or non-public agency social media accounts.
(c) A public agency’s website or social media may not provide links or reference to a public official’s or public employee’s personal or campaign social media or website.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2B. Limitations on a Public Official From Using His or Her Name or Likeness › §6B-2B-4. Exceptions to Use of Name or Likeness

(a) A public official may use his or her name or likeness on any official record or report, letterhead, document, or certificate or instructional material issued in the course of his or her duties as a public official: Provided, That other official documents used in the normal course of the agency, including, but not limited to, facsimile cover sheets, press release headers, office signage, and envelopes may include the public official’s name: Provided, however, That when official documents are reproduced for distribution or dissemination to the public as educational material, the items are subject to the prohibitions in §6B-2B-2(d) of this code.
(b) When appropriate and reasonable, the West Virginia Division of Tourism may use a public official’s name and likeness on material used for tourism promotion.
(c) The prohibitions contained in this article do not apply to any person who is employed as a member of the faculty, staff, administration, or president of a public institution of higher education and who is engaged in teaching, research, consulting, coaching, recruiting, or publication activities: Provided, That the activity is approved as a part of an employment contract with the governing board of the institution of higher education or has been approved by the employee’s department supervisor or the president of the institution by which the faculty or staff member is employed.
(d) The prohibitions contained in §6B-2B-2 of this code do not apply to items paid for from the public official’s campaign funds.
(e) The prohibitions contained in §6B-2B-2 of this code do not apply to items paid for with the public official’s personal money.
(f) The prohibitions contained in §6B-2B-2 of this code do not apply to items or materials required by law to contain the public official’s name or likeness.