reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-4 - Application For Certificate Of Authority Or License; Contents Of Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				person shall sell, offer for sale, make available or be a provider of a preneed
				funeral contract until such time as he has received a certificate of authority
				from the Department. Employees or agents of persons holding a certificate of
				authority and who are involved in actually selling preneed funeral contracts
				must have a license issued by the Department. No person shall be eligible to
				obtain a license to sell preneed funeral contracts unless he or she also holds
				a certificate of authority or is employed by the holder of a certificate of
				authority.
4.2. No person, other
				than a bank, trust company, savings and loan association or other financial
				institution as provided in W. Va. Code '47-14-3(a),
				may act as a trustee with respect to funds paid on preneed funeral contracts
				unless he has procured a certificate of authority.
4.3. The Department shall prescribe the
				necessary forms for applying for a certificate of authority or license. These
				forms shall be used by all applicants.
4.4. Application for the renewal of a
				certificate of authority or license for the year commencing January 1, 1988,
				shall be submitted by March 1, 1988. Applicants holding certificates or
				licenses for 1987 who submit timely renewal applications may continue to do
				business under the previous certificate or license until the renewal is granted
				or refused by the Department. In all subsequent years, commencing with November
				1, 1988, all such renewal applications shall be due by November 1. Commencing
				with December 31, 1988, all such certificates of authority and licenses will
				expire on December 31 of each year.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-5 - Initial Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Examination of the records of a holder of a certificate of authority by the
				Department, or at its direction, may occur with or without advance notice of
				such examination.
5.2. Holders of
				certificates of authority shall make all books, records, and other information
				relating to preneed funeral contracts available during regular business
				hours.
5.3. The Department shall be
				entitled to charge fees and expenses to a holder of a certificate of authority
				for an initial examination within a reporting year if the examination reveals
				or confirms any violation of the provisions of the Preneed Burial Contracts Act
				or this rule. Fees and expenses for such examination shall be assessed as
				provided in section 6.2 of this rule.
5.4. Failure to provide necessary records or
				submit to any examination or pay the expenses assessed therefore shall result
				in suspension or revocation of the certificate of authority.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-6 - Second Or Subsequent Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When the Department has reason to
				believe that a holder of a certificate of authority or a licensee employed by a
				certificate holder is violating the provisions of the Preneed Burial Contracts
				Act or this rule, and an initial examination has already been conducted for
				such holder during the reporting year, the Department may petition the Circuit
				Court of Kanawha County or the circuit court of the county wherein such holder
				of a certificate of authority does business for permission to conduct a second
				or subsequent examination. Such court, if it concludes that the Department's
				determination is not clearly erroneous, shall order an examination of the
				records or compel the examination of any interested person under oath. The
				proceedings on such a petition shall be adversary, with notice to all
				interested parties.
6.2. In
				addition to an examination fee, up to a maximum of five hundred dollars
				($500.00) as fixed by the Department pursuant to W. Va. Code '47-14-3(i)(3),
				and an hourly charge, based on the examiner's salary, for the time spent in
				conducting the examination, the following expenses shall be assessed:
6.2.1. Travel expenses assessed at the
				mileage permitted by the state in using personal automobiles for travel on
				state business or the expenses incurred by the Department in securing a vehicle
				from the Department of Finance and Administration Motor Pool, or other actual
				expenses incurred in such travel for securing transportation;
6.2.2. Hotel or lodging expenses as necessary
				for any examination;
6.2.3. Meals
				and other services as permitted by travel regulations of the Department or the
				state;
6.2.4. Any other reasonable
				and necessary expenses incurred as a result of the examination, including, but
				not limited to: printing, photocopying, long distance telephone tolls, access
				fees, equipment rental expenses or fees of a court reporter or stenographer for
				transcribing or reproducing statements or testimony.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-7 - Trust Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All
				funds paid to or collected by any person on a preneed funeral contract and not
				exempted by W. Va. Code '47-14-5(a)(1)
				shall be deposited in a trust account within thirty (30) days of receipt. The
				trust account shall be administered:
(i) by
				the provider, contract seller, or person making the preneed funeral contract
				available, acting as trustee;
(ii)
				under the terms of a trust instrument entered into with a national or state
				bank having trust powers and located in this state; or
(iii) under the terms of a trust instrument
				entered into with a board of at least three individual trustees as provided in
				W. Va. Code '47-14-8(b).
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-8 - Provision Of Goods And Services Under Preneed Funeral Contract At Death Of Contract Beneficiary

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. To the
				extent that a person who is a provider, contract seller or one who makes a
				preneed funeral contract available, based on price lists in effect at the
				contract beneficiary's death, would charge more than the contract price for the
				goods and services provided, such person may have and use so much of the
				principal and interest of any trust fund as may be necessary to defray the cost
				over the contract price. In no event, however, unless the contract has been
				cancelled as provided in section 10 of this rule, shall such person fail or
				refuse to make available goods and services of the type for which the contract
				provides even though the costs exceed the value of the trust fund or other
				proceeds available for such purpose. The goods and services shall be provided
				for the amount available in the trust or other proceeds in such a situation.
				Substitution of goods of equivalent quality and value may be made only after
				notice to the contract buyer or the next of kin of the beneficiary and only
				when it can be demonstrated that the goods described in the contract are
				unavailable.
8.2. On or before the
				first day of January and the first day of July of each year, the trustee and
				the provider, contract seller or person who made the preneed funeral contract
				available shall file a report with the Department, describing the goods and
				services provided after the death of any contract beneficiary during the
				previous six (6) month period, accounting for all expenditures and
				disbursements from the trust or other proceeds, justifying by reference to
				current price lists any increase over the original contract cost and explaining
				any substitution of goods or services.
8.3. In the event that the contract buyer was
				not the contract beneficiary, all trust monies or other proceeds not properly
				applied toward the costs of providing the goods and services shall be returned
				to the contract buyer, his estate or designee. If the contract beneficiary was
				also the contract buyer, any such excess shall be paid to the contract
				beneficiary's estate or designee.
8.4. It is a purpose of the Act and this rule
				to enable the buyer of a preneed funeral contract to secure a fixed price for
				specific funeral goods and services or burial goods, subject only to increases
				authorized pursuant to section 8.1 of this rule. No provider, contract seller
				or person who makes a preneed funeral contract available may enter a preneed
				funeral contract which does not establish a fixed price for specific goods and
				services unless the buyer has been fully informed of the rights guaranteed by
				such a contract and such buyer has declined to specify goods, services and
				prices.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-10 - Default By The Contract Buyer

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A preneed funeral contract and any
				trust associated therewith may be terminated by the contract seller only upon
				default by the buyer. If a contract buyer is in default for more than one
				hundred eighty (180) days with respect to any payment or installment due on or
				pursuant to the contract, the seller may, on ten (10) days' prior written
				notice, cancel the contract. Upon cancellation, the seller must refund all
				funds in the trust fund, including monies paid for items which are excluded
				from the definitions of burial goods, funeral goods and services and which are
				not subject to the buyer's right of cancellation under W. Va. Code
				'47-14-6:
				Provided, That the seller may retain up to ten percent (10%) of the monies paid
				as liquidated damages if such a deduction was not previously made as provided
				in W. Va. Code '47-14-5
				and section 9.1.5 of this rule.
10.2. If payment for a preneed funeral
				contract is not complete at the time of the contract beneficiary's death and
				the seller has not cancelled the contract as aforesaid, or if a life insurance
				or annuity contract intended to fund the preneed funeral contract has lapsed,
				the heirs or personal representative of the beneficiary may pay the balance
				remaining on the preneed funeral contract and obtain performance as
				provided.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-11 - Sale Or Transfer Of Certificate Of Authority Or License Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No holder of
				a certificate of authority or license to sell preneed funeral contracts may
				sell or transfer such certificate of authority or license to any other
				person.
11.2. No holder of a
				certificate of authority or license to sell preneed funeral contracts shall
				transfer such certificate of authority or license to another business location
				without first notifying the Department.
11.3. In the event that the holder of a
				certificate of authority is other than a natural person, the Department shall
				be notified of any sale or transfer of the stock or assets of such an entity.
				Any substantial change in corporate ownership shall, in the Department's
				discretion, necessitate application for a new certificate of
				authority.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-12 - Multiple Price Lists Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. No seller, provider, or other person
				who makes preneed funeral contracts available to the public shall maintain
				multiple price lists for the provision of the same goods and
				services.
12.2. Each seller,
				provider, or other person who makes preneed funeral contracts available to the
				public shall maintain a record copy of each price list for goods and services
				offered under any preneed funeral contract and set forth on such price list the
				duration or time period to which each list is applicable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-13 - Disciplinary Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. In
				addition to the provisions of W. Va. Code '47-14-11,
				a holder of a certificate of authority or licensee may face disciplinary action
				for violating the provisions of this rule or failing to submit to any
				examination conducted by the Department.
13.2. The penalties which may be imposed
				administratively by the Department for violating the provisions of this rule
				shall include one or more of the following:
13.2.1. Denial of any application for a
				certificate of authority or license;
13.2.2. Revocation or suspension of a
				certificate of authority or license;
13.2.3. Imposition of a fine in the amount
				not to exceed one thousand dollars ($1,000.00) for each county in which a
				violation occurred;
13.2.4.
				Issuance of a reprimand; or
13.2.5.
				Imposition of a period of probation upon the holder of a certificate of
				authority or license under such terms and conditions as may be deemed
				appropriate by the Department.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-14 - Insolvency

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. If an audit
				reveals that a trust account or trustee appears to be insolvent, the Department
				shall have the authority, in the reasonable exercise of discretion, to find a
				substitute trustee to undertake the management of the trust funds.
14.2. For the purposes of this section,
				"insolvency" means the occasion or occurrence of any event or series of events
				whereby the current trust obligations exceed the total current assets of the
				trust.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-15 - Notice Of Contract Irrevocability

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. No preneed funeral contract shall be
				made irrevocable without the express, written, informed consent of the contract
				buyer. Absent such consent, the preneed funeral contract shall be
				revocable.
15.2. Each preneed
				funeral contract which is irrevocable shall contain the following notice in
				boldface on the front of the contract:
"NOTICE OF IRREVOCABILITY
THIS PRENEED FUNERAL CONTRACT SHALL
BE IRREVOCABLE DURING THE LIFETIME OF
THE CONTRACT BENEFICIARY. NEITHER THE
BUYER NOR ANY OTHER PERSON AS
BENEFICIARY WILL BE ENTITLED TO CANCEL
THIS CONTRACT OR RECEIVE A REFUND OF
PAYMENTS MADE UNDER THIS CONTRACT.
_____________________________________
(Buyer's Signature) (Date)"
15.3. Any buyer who has purchased a preneed
				funeral contract may elect after consummation to amend the contract to make it
				irrevocable by notifying the contract seller and trustee and by placing his
				signature on the original copy of the contract and giving the true date of the
				signature.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-16 - Applicability Of Freedom Of Information Act

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The contents of an application for a
				certificate of authority or license, and any renewal thereof or any annual
				report, shall be exempt from public disclosure under the provisions of the
				Freedom of Information Act, W. Va. Code '29B-1-1 et
				seq., as shall be information on individual preneed funeral contracts or trusts
				or any information disclosed in an audit of a certificate holder or licensee.
				All such information is exempt from disclosure under the provisions of this
				rule and W. Va. Code ''29B-1-4(1) and 29B-1-4(2).
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-17 - Violation Of Rule; Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Violation of any term or provision of
				this rule shall be an unfair and deceptive act or practice in violation of W.
				Va. Code '46A-6-104
				and a violation of the provisions of W. Va. Code ''47-14-11(a)(1) and
				47-14-13.
17.2. The Department may
				request, and the courts or administrative tribunals shall be empowered to
				order, any writs, orders, or other relief which may be necessary for the
				enforcement of the provisions of the Code and this rule, including, but not
				limited to, injunctive relief, restitution, and affirmative disclosure,
				advertising, or mailings.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-09 - Legislative Rule Pertaining To Allowing Persons Who Are Indirectly Injured By Violations Of The WV Antitrust Act To recover damages › Section 142-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule shall apply to any action brought by any person under the provisions of W.
				Va. Code '47-18-9,
				or any action brought by the Attorney General as parens patriae under the
				provisions of W. Va. Code '47-18-17.
Purpose. -- The purpose of this rule is to allow persons who
				  are indirectly injured by violations of the West Virginia Antitrust Act to
				  maintain an action for damages; to allow the Attorney General, as parens
				  patriae, to maintain an action on behalf of such persons who have suffered
				  indirect injury under W. Va. Code '47-18-17;
				  and to bring the application of the West Virginia Antitrust Act into conformity
				  with the laws of other jurisdictions.
1.2. Authority. -- W. Va. Code '47-18-20.
1.3. Filing Date. -- April 2, 1990.
1.4. Effective Date. -- April 2,
				1990.
1.5. Repeal of Former Rule.
				-- Not applicable.
1.6.
				Construction. -- This rule shall be liberally construed to effectuate the
				beneficial purposes of the West Virginia Antitrust Act.
1.7. Severability. -- If, for any reason, any
				section, sentence, clause, phrase, or provision of this rule or the application
				thereof to any person or circumstance is held unconstitutional or invalid, such
				unconstitutionality clauses, phrases, or provisions or their application to any
				other person or circumstance, and to this end, each and every section,
				sentence, clause, phrase, or provision of this rule is hereby declared
				severable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-09 - Legislative Rule Pertaining To Allowing Persons Who Are Indirectly Injured By Violations Of The WV Antitrust Act To recover damages › Section 142-9-2 - Damages Recoverable By Persons Indirectly Injured

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any person who is injured directly or
				indirectly by reason of a violation of the West Virginia Antitrust Act, W. Va.
				Code '47-18-1, et seq., may
				bring an action for damages under W. Va. Code '47-18-9.
				The State and any of its political subdivisions shall be deemed a person within
				the meaning of this rule.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule defines certain deceptive acts or practices and sets forth
				certain requirements for sellers and providers of consumer services by health
				spas in West Virginia, its counties, and all political subdivisions.
1.2. Authority. -- W. Va. Code
				''46A-7-102(1)(e) and 46A-6-103.
1.3. Filing Date. -- May 14, 1990.
1.4. Effective Date. -- July 1,
				1990.
1.5. Repeal of Former Rule.
				-- Not applicable.
1.6. Penalties.
				-- Except as otherwise indicated, a violation of this rule constitutes a
				violation of the West Virginia Consumer Credit and Protection Act, W.Va. Code
				'46A-6-104
				and any person violating the provisions of this rule or the provisions of the
				West Virginia Consumer Credit and Protection Act shall be subject to a civil
				penalty in the amount of Five Thousand Dollars for each transaction or
				occurrence of a repeated and willful violation.
1.7. Construction. -- This rule shall be
				liberally construed to effectuate the purposes of the West Virginia Consumer
				Credit and Protection Act, W. Va. Code '46A-1-101 et
				seq.
1.8. Severability. -- If, for
				any reason, any section, subsection, sentence, clause, phrase, or provision of
				this rule or the application thereof to any person or circumstance is held
				unconstitutional or invalid, such unconstitutionality or invalidity shall not
				affect other sections, subsections, sentences, clauses, phrases, or provisions
				or its application to any other person or circumstance, and to this end each
				and every section, subsection, sentence, clause, phrase, or provision of this
				rule is hereby declared severable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Business day"
				means all days except legal federal or state holidays and Sundays.
2.2. "Contract" means an oral or written
				agreement by which one becomes a member of a health spa.
2.3. "Department" means the office of the
				attorney general of West Virginia.
2.4. "Facilities" means equipment, physical
				structures, improvements to leasehold premises, and other tangible property,
				real, personal, or mixed, used by a health spa at each location to conduct its
				business including, but not limited to, saunas, whirlpool baths, gymnasiums,
				running tracks, swimming pools, shower areas, racquetball courts, martial arts
				equipment, and exercise equipment.
2.5. "Health spa" means a business primarily
				involved in the sale of memberships that provides the members instruction in
				the program of physical exercise or provides the members use of the facilities
				of the health spa for a program of physical exercise regardless of whether or
				not the business has wet areas, such as a pool, whirlpool, or steam room. The
				term does not include an organization that is tax exempt under 26 U.S.C. '501
				et seq., or a private club owned and operated by its members.
2.6. "Market location" means the area within
				a ten mile radius of the health spa.
2.7. "Member" means a natural person entitled
				to the benefits of membership in a health spa.
2.8. "Membership" means the status under a
				contract between an individual and a health spa that entitles the individual to
				the use of services of facilities of the health spa.
2.9. "Person" means an individual,
				corporation, association, organization, partnership, business trust, trust,
				estate, and any other legal entity.
2.10. "Purchaser" means a person who
				purchases a health spa membership.
2.11. "Seller" means a person who owns or
				operates a health spa or who offers for sale the right to use the facilities or
				the services of the health spa.
2.12. "Services" means programs, plans,
				guidance, or instruction that a health spa provides for its members, including
				diet planning, exercise instruction, exercise programs, and instructional
				classes.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-3 - Surety Bond, Letter of Credit, and Alternatives

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Except as hereinafter provided, each
				health spa registering to do business in this state shall post a surety bond or
				letter of credit in the amount of fifty thousand dollars, or the equivalent in
				cash or marketable securities, with the attorney general. The form of bond and
				letter of credit shall be designated by the attorney general. No surety bond
				shall be accepted for filing unless it is with a surety company authorized to
				do business in this state, and no letter of credit shall be accepted for filing
				unless it is from a bank insured by the Federal Deposit Insurance Corporation.
				The surety may cancel the bond at any time upon giving thirty days prior
				written notice to the attorney general. The letter of credit shall not be
				cancelled or terminated except with the consent of the attorney general. The
				bond or letter of credit shall be in favor of the State of West Virginia and
				shall cover only claims by consumers for prorated refunds of monies tendered in
				advance for membership in a health spa which subsequently closes or is
				otherwise unable to provide services for the full period of time paid by the
				consumer.
3.2. A health spa is not
				required to post a surety bond, letter of credit or other indicator of
				financial security under this section if it charges an application fee,
				initiation fee, or other initial charge no higher than twenty-five dollars, and
				either (a) limits its sale of long-term contracts to no longer than three (3)
				months, or (b) agrees to require advance payment of no more than one-third of
				the full purchase price of contracts longer than three (3) months and accepts
				monthly payments for the balance of the contract period spread out equally over
				the rest of the contract period.
3.3. A health spa is required to send the
				attorney general's consumer protection division a letter thirty (30) days prior
				to opening indicating how it plans to comply with the options offered under
				this section.
3.4. The provision of
				this section shall not apply to health spas otherwise covered by this rule that
				have operated in this state for a continuous period of three (3) years or
				longer in the same market location and with the same principals, officers, or
				corporate identity including subsidiary. For purposes of this section,
				"operated in this state" does not include periods of pre-opening sales of
				membership; but, rather, only periods when the health spa is open and providing
				services to members.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-4 - Contract Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The health spa must deliver a fully completed copy of a contract to a purchaser
				before the contract is signed. The contract constitutes the entire agreement
				between the seller and the purchaser. The contract must be in writing and must
				be signed by the purchaser. If the health spa is not open at the time the
				contract is entered, the contract must clearly state the proposed opening date
				of the health spa. At the time of delivery the health spa must give the
				purchaser a written receipt for any payment made by the purchaser under the
				contract.
4.2. No health spa
				contract can be sold for a period of time greater than two years.
4.3. A contract may not require or entail the
				execution of a note or series of notes by the purchaser that when separately
				negotiated will cut off as to third parties a claim or defense that the
				purchaser may have against the seller.
4.4. Each contract shall state in at least
				10-point boldfaced type:
4.4.1. "NOTICE TO
				PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK
				SPACES."
4.4.2. IF YOU DECIDE YOU
				DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT
				BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE
				DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS
				CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING
				ADDRESS:
(Address of the health spa home office.)"
4.4.3. "IF THE HEALTH SPA GOES OUT OF
				BUSINESS AND DOES NOT PROVIDE COMPARABLE FACILITIES WITHIN TEN MILES OF THE
				FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN TEN
				MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT
				BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS
				CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT. THE WRITTEN NOTICE
				MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
(Address of the health spa home office.)"
4.4.4. "IF YOU DIE OR BECOME TOTALLY AND
				PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR
				ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED
				MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO
				CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH.
				THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS.
(Address of the health spa home office.)"
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-5 - Cancellation of Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				member may cancel a contract before the fourth business day after the date on
				which the contract is executed by notifying the health spa of the cancellation
				in writing. Written notification is considered given if the notification is
				mailed to the home office of the health spa and postmarked not later than
				midnight of the third business day after execution of the contract. The health
				spa shall refund all money paid to the purchaser exercising the right to cancel
				within seven days of the cancellation.
5.2. A member may cancel a contract on
				written notice by mail to the home office of the health spa if the health spa
				goes out of business and fails to provide comparable facilities within ten
				miles or moves its facilities more than ten miles from the location in which
				the member is enrolled. A member may cancel a contract in the same manner if
				the health spa fails to provide advertised services. If a contract is cancelled
				under this subsection, the member is liable for an amount equal to the value of
				services received and facilities used under the contract up to the date of the
				cancellation, and if the member has paid money under the contract in excess of
				that amount the health spa shall promptly refund to the member the excess
				within twenty days of the cancellation.
5.3. A purchaser of a membership or the legal
				representative of a purchaser may cancel a contract if the member dies or
				becomes totally and permanently disabled after the date on which the contract
				takes effect. The purchaser remains liable for an amount equal to the value of
				services received and facilities used by the member under the contract up to
				the day on which the death occurred or the disability was incurred. The health
				spa shall make a pro rata refund of funds paid under the contract in an amount
				based on the time remaining in the contract term up to a maximum of 50 percent
				of the total contract amount. The health spa may require a purchaser or the
				purchaser's estate to provide reasonable proof of total and permanent
				disability or death.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-6 - Pre-Opening Sale of Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Health spas who solicit and sell
				memberships prior to fully opening for business and providing all promised
				services and facilities may not use membership fees collected to build
				facilities or obtain equipment. Monies collected for memberships prior to
				opening and providing all promised services and facilities must be placed in an
				escrow account with an insured financial institution and may not be used by the
				health spa for operational expenses until it opens and provides promised
				services and facilities.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-7 - Unfair or Deceptive Acts or Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
It shall be an unfair or deceptive act or practice for a
				  health spa to:
7.1. Offer special
				sales or discounts unless such special sales or discounts are made in writing
				and are made available to all prospective members who have not previously been
				members of the health spa.
7.2.
				Make any misrepresentation to current members, prospective members or
				purchasers of membership contracts regarding:
7.2.1. Qualification of staff;
7.2.2. Availability, quality, or extent of
				facilities or services;
7.2.3.
				Results obtained through exercise, dieting, or weight control
				programs;
7.2.4. Membership rights;
				or
7.2.5. The period that a special
				offer or discount will be available.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-13 - Health Spas › Section 142-13-8 - Violation of the Rule; Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any violation of the provisions of this
				rule is an unfair or deceptive act or practice within the meaning of W. Va.
				Code '46A-6-104.
				Any right, remedy or power set forth in W. Va. Code '46A-1-1 et seq. may be
				used to enforce the provisions of this rule.
8.2. The rights, obligations, and remedies
				provided in this rule shall be in addition to any other rights, obligations, or
				remedies provided for by law or in equity.
8.3. The department may request, and the
				courts or administrative tribunals shall be empowered to order, any writs,
				orders, or other relief as may be necessary for the enforcement of the
				provisions of this rule, including, but not limited to, injunctive relief,
				restitution, civil penalties, costs, fees, expenses of investigation,
				affirmative disclosure, advertising or mailings.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-14 - Proposed Legislative Rule Pertaining To Limitation Of Action And Recovery Of Investigate Costs And A Reasonable Attorney's Fee By The Attorney General in › Section 142-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule shall apply in any action brought by the Attorney General under the West
				Virginia Antitrust Act, W. Va. Code ''47-18-1, -23, or authorized by federal
				law.
1.2. Authority. -- W. Va. Code
				'47-18-20.
1.3. Filing Date. -- April 9, 1991.
1.4. Effective Date. -- April 9,
				1991.
1.5. Purpose. -- The purpose
				of this rule is to clarify, implement, apply, and make specific the provisions
				of W. Va. Code '47-18-11
				(1978) relating to limitation of action unde the West Virginia Antitrust Act
				and authorizing the courts of this state to award a reasonable attorney's fee
				to the Attorney General in enforcement actions.
1.6. Construction. -- This rule shall be
				liberally construed to effectuate the beneficial purposes of the West Virginia
				Antitrust Act.
1.7. Severability.
				-- If, for any reason, any section, sentence, clause, phrase, or provision of
				this rule or the application thereof to any person or circumstance is held
				unconstitutional or invalid, such unconstitutionality or invalidity shall not
				affect other sections, sentences, clauses, phrases, or provisions or their
				application to any other person or circumstance, and to this end, each and
				every section, sentence, clause, phrase, or provision of this rule is hereby
				declared severable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-14 - Proposed Legislative Rule Pertaining To Limitation Of Action And Recovery Of Investigate Costs And A Reasonable Attorney's Fee By The Attorney General in › Section 142-14-2 - Continuing Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
A cause of action alleging a continuing available within four
				  years after the last date on which an antitrust injury was suffered. In such
				  instances, money damages and penalties may be recovered for antitrust injuries
				  which preceded the four-year limitation period set forth by W. Va. Code
				  '47-18-11.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-14 - Proposed Legislative Rule Pertaining To Limitation Of Action And Recovery Of Investigate Costs And A Reasonable Attorney's Fee By The Attorney General in › Section 142-14-3 - Investigative Costs and Attorney's Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
When any court issues an injunciton or penalty in any
				  enforcement action brought pursuant to W. Va. Code '47-18-8,
				  the court may also award the Attorney General the reasonable costs and expenses
				  of the investigation and litigation and a reasonable attorney's
				  fee.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-15 - Proposed Legislative Rule Pertaining To Defining The Term "Federal Antitrust Laws" And Prohibiting Tying And Reciprocity › Section 142-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule shall apply to any action brought by the Attorney General as parens
				patriae in federal court for violations of the federal antitrust laws under W.
				Va. Code '47-18-17
				and to any person who engages in trade or commerce in or affecting this
				State.
1.2. Authority. -- W. Va.
				Code '
				47-18-20.
1.3. Filing Date. -- April 9, 1991.
1.4. Effective Date. -- April 9,
				1991.
1.5. Purpose. -- The purpose
				of this rule is to define the term "federal antitrust laws" as used within W.
				Va. Code '47-18-17
				and to prohibit tying and reciprocity in any trade or commerce in or affecting
				this State.
1.6. Construction. --
				This rule shall be liberally construed to effectuate the beneficial purposes of
				the West Virginia Antitrust Act.
1.7. Severability. -- If, for any reason, any
				section, sentence, clause, phrase, or provision of this rule or the application
				thereof to any person or circumstance is held unconstitutional or invalid, such
				unconstitutionality or invalidity shall not affect other sections, sentences,
				clauses, phrases, or provisions or their application to any other person or
				circumstance, and to this end, each and every section, sentence, clause,
				phrase, or provision of this rule is hereby declared severable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-15 - Proposed Legislative Rule Pertaining To Defining The Term "Federal Antitrust Laws" And Prohibiting Tying And Reciprocity › Section 142-15-2 - Definition of "Federal Antitrust Laws" as used in W. Va. Code '47-18-17

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The term
				"federal antitrust laws" as used within W. Va. Code '47-18-17
				shall include the provisions of 15 U.S.C. ''1, 2, 3, 8, 13, 14, 18, 19, and
				45(a).
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-15 - Proposed Legislative Rule Pertaining To Defining The Term "Federal Antitrust Laws" And Prohibiting Tying And Reciprocity › Section 142-15-3 - Prohibited Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. It shall
				be unlawful under W. Va. Code ''47-18-3, 4 for any person or group of persons
				to enter into tie-in agreements. Such agreements include, but are not limited
				to, agreements which condition or have the effect of conditioning the sale of
				one product or service upon the purchase of another product or
				service.
3.2. It shall be unlawful
				under W. Va. Code ''47-18-3, 4 for any person or persons to enter into
				agreements resulting in reciprocity. Such agreements include, but are not
				limited to, agreements in which the sale of a product or service is conditioned
				upon the seller's purchase of products or services produced or performed by the
				buyer.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-16 - Proposed Legislative Rule Pertaining To Authorizing The Attorney General To Require Persons Upon Whom Subpoenas Are Served To Answer Written Questions › Section 142-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule shall apply to any investigation commenced pursuant to the provisions of
				W. Va. Code ''47-18-6, 7.
1.2.
				Authority. -- W. Va. Code '47-18-20.
1.3. Filing Date. -- April 9, 1991.
1.4. Effective Date. -- April 9,
				1991.
1.5. Purpose. -- The purpose
				of this rule is to authorize the Attorney General to require persons upon whom
				subpoenas may be served to provide written answers under oath to written
				questions.
1.6. Construction. --
				This rule shall be liberally construed to effectuate the beneficial purposes of
				the West Virginia Antitrust Act.
1.7. Severability. -- If, for any reason, any
				section, sentence, clause, phrase, or provision of this rule or the application
				thereof to any person or circumstance is held unconstitutional or invalid, such
				unconstitutionality shall not affect other sections, sentences, clauses,
				phrases, or provisions or their application to any other person or
				circumstance, and to this end, each and every section, sentence, clause,
				phrase, or provision of this rule is hereby declared severable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-16 - Proposed Legislative Rule Pertaining To Authorizing The Attorney General To Require Persons Upon Whom Subpoenas Are Served To Answer Written Questions › Section 142-16-2 - Written Responses to Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
The Attorney General may require any person upon whom a
				  subpoena is served pursuant to W. Va. Code '47-18-7
				  to answer written questions in writing and under oath.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-18 - Proposed Legislative Rule Pertaining To The Regulated Business Exemption And The WV Antitrust Act › Section 142-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule shall apply to any action brought by the Attorney General under W. Va.
				Code ''47-18-1, 23.
1.2. Authority.
				-- W. Va. Code '47-18-20.
1.3. Filing Date. -- April 9, 1991.
1.4. Effective Date. -- April 9,
				1991.
1.5. Purpose. -- The purpose
				of this rule is to implement, apply, interpret, and make specific the exemption
				contained in W. Va. Code '47-18-5 relating to
				regulated businesses.
1.6.
				Construction. -- This rule shall be interpreted in conformity with the federal
				decisional law relating to exemptions under the federal antitrust
				laws.
1.7. Severability. -- If, for
				any reason, any section, sentence, clause, phrase, or provision of this rule or
				the application thereof to any person or circumstance is held unconstitutional
				or invalid, such unconstitutionality or invalidity shall not affect other
				sections, sentences, clauses, phrases or provisions or their application to any
				other person or circumstance, and to this end, each and every section,
				sentence, clause, phrase, or provision of this rule is hereby declared
				severable.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-18 - Proposed Legislative Rule Pertaining To The Regulated Business Exemption And The WV Antitrust Act › Section 142-18-2 - Exemption from the West Virginia Antitrust Act for Regulated Businesses

Current through Register Vol. XLI, No. 28, July 12, 2024
Conduct of a regulated business shall be exempt from the
				  application of the West Virginia Antitrust Act upon a showing of both the
				  following:
2.1. There must be a
				clearly articulated and affirmatively expressed legislative policy to displace
				competition; and
2.2. The state
				agencies charged with regulating the business must actively supervise the
				regulated business with respect to the conduct in question.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-19 - Proposed Legislative Rule Pertaining To Obtaining Assistance Of Public Officials In Investigations And The Commencement Of Proceedings To Compel › Section 142-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule shall apply to any investigation being conducted by the Attorney General
				under W. Va. Code ''47-18-6, 7.
1.2. Authority. -- W. Va. Code '47-18-20
				(1978).
1.3. Filing Date. -- April
				9, 1991.
1.4. Effective Date. --
				April 9, 1991.
1.5. Purpose. -- The
				purpose of this rule is to establish the procedure which the Attorney General
				may use to require public officials to render assistance to the Attorney
				General in an antitrust investigation as required by W. Va. Code '47-18-21.
1.6. Construction. -- This rule shall be
				liberally construed to effectuate the beneficial purposes of the West Virginia
				Antitrust Act.
1.7. Severability.
				-- If, for any reason, any section, sentence, clause, phrase, or provision of
				this rule or the application thereof to any person or circumstance is held
				unconstitutional or invalid, such unconstitutionality or invalidity shall not
				affect other sections, sentences, clauses, phrases, or provisions or their
				application to any other person or circumstance, and to this end, each and
				every section, sentence, clause, phrase, or provision of this rule is hereby
				declared severable.