reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 141 - Adjutant General › Title 141 - LEGISLATIVE RULE ADJUTANT GENERAL › Series 141-89 - Command Pay And Compensation For Clerical Services › Chapter 3 - ADMINISTRATIVE INSTRUCTIONS › Section 141-89-3-1 - AGO Form 60

Current through Register Vol. XLI, No. 28, July 12, 2024
Administrative instructions for the preparation of AGO Form
					 60 for Command Pay and Payment of Compensation for Clerical Services.
a. The completion of AGO Form 60 will be as
				  shown in sample form in Appendices A and B. Computer generated forms
must
have the exact format as the sample
				  forms enclosed.
b. The quarterly
				  period will be the calendar quarters
(1 Jan - 31 Mar), (1 Apr - 30 Jun),
				  (1 Jul - 30 Sep) and (1 Oct - 31 Dec).
The AGO Form 60 for Command Pay will be made -payable to
					 the commander and will be pro-rated when there is a change in commanders during
					 the quarterly period. This will require a separate form for each commander
					 showing the dates in command.
d. The
				  AGO Form 60 for Payment of Compensation for Clerical Services will be for the
FOR THE GOVERNOR:
full amount regardless of change in commanders. This will
					 not be split nor pro-rated since the payment is made to the organization in the
					 name of the commander who is in command at the end of the calendar
					 quarter.
e. The
authorized strength
of the organization (brigade, regiment, air
				  wing, army group, battalion, army squadron, air group, company, air squadron,
				  detachment, flight) will be entered as shown in sample forms. If there is a
				  change in the authorized strength during the calendar quarter, show both the
				  old and new strength figures with effective dates.
f. The AGO Form 60 requires the signature of
				  the payee and the commander at the next higher level. Payments caimot be made,
				  if forms are not properly signed as required for audit purposes.
g. Enter the unit Payroll Number (PRN) in the
				  upper right corner of the AGO Form 60 where it says Voucher Number for both the
				  Command and Clerical vouchers. This is a three digit number for the Army Guard.
				  The Air National Guard will use their "Past Codes" (PC) in the Voucher Number
				  space in the upper right corner.
West Virginia Code of State Rules › Agency 141 - Adjutant General › Title 141 - LEGISLATIVE RULE ADJUTANT GENERAL › Series 141-89 - Command Pay And Compensation For Clerical Services › Chapter 3 - ADMINISTRATIVE INSTRUCTIONS › Section 141-89-3-2 - Suspense Date

Current through Register Vol. XLI, No. 28, July 12, 2024
The AGO Form 60 will be due in the Office of The Adjutant
					 General no later than the 15th of the month in which the quarterly periods end.
					 These due dates are:
15 March; 15 June; 15 September and 15
					 December.
Click
					 Here To View Image
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-01 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms f › Section 142-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These Rules and Regulations shall regulate practice and procedure before the
				Attorney General with regard to hearings and the discharge of general
				administrative duties.
1.2.
				Authority. -- W. Va. Code '46A-7-102(1)(e).
1.3. Filing Date. -- March 3, 1975.
1.4. Effective Date. -- April 3,
				1975.
1.5. Amendments. -- These
				Rules and Regulations may be amended by the action of the Attorney General in
				conformity with W. Va. Code '29A-3-1
				et seq.
1.6. Applicability. --
				These Rules and Regulations and any repeal or amendment thereof shall apply in
				the form obtaining at the time any matter subject hereto shall first be
				initiated.
1.7. Conflict. -- These
				Rules and Regulations shall be controlling on all hearings before the Attorney
				General except insofar as any rule or regulation may be in conflict with the
				provisions of the Constitution or any statute of the State of West Virginia, in
				which event such constitutional or statutory provision shall take precedence
				over any rule or regulation.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-01 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms f › Section 142-1-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
When used in these Rules and Regulations:
2.1. Attorney General. -- The term "Attorney
				General" shall mean the Attorney General of West Virginia and shall include
				such qualified personnel in his office who act under the direction and
				supervision of the Attorney General and for whose acts he is
				responsible.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-01 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms f › Section 142-1-3 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notice of
				hearing. -- Notice of date, time and place shall be given to all parties in any
				hearing as provided by law, except for emergencies as provided by West Virginia
				Code section one, article five, chapter twenty-nine-a. Hearings may be
				continued by the Attorney General or his designee on his own motion or for good
				cause shown without further notice.
3.2. Place of hearing. -- The Attorney
				General or his designee shall determine the site of any hearing.
3.3. Who shall conduct. -- Hearings shall be
				conducted by the Attorney General or his designee.
3.4. Conduct of hearings. -- All hearings
				shall be conducted in accordance with statutory provisions set forth in West
				Virginia Code article five, chapter twenty-nine-a.
3.5. Stipulations. -- Written stipulations
				may be introduced in evidence, if signed by the persons sought to be bound
				thereby or by their attorneys. Oral stipulations may be made on the record at
				open hearings.
3.6. Continuation
				and adjournments. -- The Attorney General or his designee may continue a
				hearing from day to day or adjourn it to a later date or to a different
				place.
3.7. Record. -- A record
				shall be made of all testimony at a hearing but need not be transcribed unless
				requested by a party, in which event the cost of the transcription shall be
				borne by such party.
3.8. Orderly
				hearings. -- In all hearings the Attorney General or his designee shall
				maintain order in the hearing room and shall have the authority to exclude or
				eject from the hearing room any person who engages in improper or disruptive
				conduct.
3.9. Orders. -- Orders to
				cease and desist from engaging in violations of West Virginia Code chapter
				forty-six-a and other such lawful orders issued by the Attorney General shall
				be made in accordance with W. Va. Code '29A-5-3.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-02 - Freedom Of Information Rules › Section 142-02-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules relate to section one, article one, chapter twenty-nine b et seq.
				of the West Virginia Code of 1931.
1.2. Authority. -- W.Va. Code Section
				29B-1-3
1.3. Filing Date.--
1.4. Effective Date.--
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-02 - Freedom Of Information Rules › Section 142-02-2 - Request procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Document request. -- A request to inspect or copy any public record for which
				the Office of the Attorney General is the custodian must be in vjriting and
				contain the following information:
(a) A
				description of each document sought and, if available, the title, date and
				author of each such document:
(b)
The name and._address of the person or persons requesting to
				inspect_or _copy such public records.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-02 - Freedom Of Information Rules › Section 142-02-3 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Code of
				Professional Responsibility. -- Records exempt from disclosure by Canon 4 of
				the Code of Professional Responsibility shall not be disclosed except as
				provided under the provision set forth therein.
3.2.
Special
Exemptions. -- The categories of information set forth in West
				Virginia Code section four, article one, chapter tv/enty-nine-b are hereby
				adopted as exempt from disclosure, .
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-02 - Freedom Of Information Rules › Section 142-02-4 - Request for compilations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Compilations not provided. -- The Office of the Attorney General may decline to
				honor requests which require the creation of a record containing a compilation
				of records, extraction of information from other records or any statistical
				analysis of records.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-03 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms › Section 142-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules relate to W. Va. Code section '46A-6A-1 et seq. governing the
				"Lemon Law."
1.2. Authority. -- W.
				Va. Code ''46A-6-103 and 46A-6A-8.
1.3. Filing Date. -- June 5, 1985.
1.4. Effective Date. -- August 1,
				1985.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-03 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms › Section 142-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "The Act"
				means the Consumer Protection-New Motor Vehicle Warranties Act, W. Va. Code
				'46A-6A-1
				et seq.
2.2. "Motor Vehicle" means
				any passenger automobile sold in this State, including pickup trucks and vans
				subject to registration as a Class A motor vehicle under the provisions of West
				Virginia Code '17-10-1 et seq., and any self-propelled motor vehicle chassis of
				motor homes sold in this State subject to registration as a Class A or Class B
				motor vehicle under the provisions of W. Va. Code '17A-10-1
				et seq.
2.3. "Manufacturer's
				Express Warranty" and "Warranty" means the written warranty of the manufacturer
				of a new motor vehicle of its condition and fitness for use, including any
				terms or conditions precedent to the enforcement of obligations under that
				warranty.
2.4. "Manufacturer" means
				a person engaged in the business of manufacturing, assembling or distributing
				motor vehicles, who will, under normal business conditions during the year,
				manufacture, assemble or distribute to dealers at least ten (10) new motor
				vehicles.
2.5. "Warrantor" means
				any manufacturer who gives or offers to give a written warranty which
				incorporates an informal dispute settlement mechanism.
2.6. "Consumer" means the purchaser, other
				than for purposes of resale, of a new motor vehicle purchased in this State
				used primarily for personal, family or household purposes, a person to whom the
				new motor vehicle is transferred for the same purposes during the duration of
				an express warranty applicable to the motor vehicle and any other person
				entitled by the term of the warranty to enforce the obligation of the
				warranty.
2.7. "Mechanism" means an
				informal dispute settlement procedure which is incorporated into the terms of a
				written warranty.
2.8. "Members"
				means the person or persons within a mechanism actually deciding
				disputes.
2.9. "On The Face Of The
				Warranty" means
(1) if the warranty is a
				single sheet with printing on both sides of the sheet or if the warranty is
				comprised of more than one (1) sheet, the page on which the warrant text
				begins; and
(2) if the warranty is
				included as a part of a longer document, such as a use and care manual, the
				page in such document on which the warranty text begins.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-03 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms › Section 142-3-3 - Option To Establish Informal Dispute Settlement Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Establishment
				of procedure. -- One or more warrantors may establish an informal dispute
				settlement procedure which meets the requirements of these rules if:
(a) A warrantor establishes such a
				procedure;
(b) Such procedure and
				its implementation meet the requirements of these rules; and
(c) A warrantor incorporates in a written
				warranty a requirement that the consumer resort to such procedure before
				pursuing any legal remedy under the Act respecting such warranty.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-03 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms › Section 142-3-4 - Duties Of Warrantor

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Incorporation of insufficient mechanism. -- The warrantor shall not incorporate
				into the terms of a written warranty a mechanism that fails to comply with the
				requirements contained in Sections 5.1 and 5.6 of these rules. This paragraph
				shall not prohibit a warrantor from incorporating into the terms of a written
				warranty the step-by-step procedure which the consumer should take in order to
				obtain performance under the warranty.
4.2. Disclosure of information. -- The
				warrantor shall disclose clearly and conspicuously at least the following
				information on the face of the written warranty:
(a) A statement of the availability of the
				informal dispute settlement mechanism;
(b) The name and address of the mechanism or
				the name and a telephone number of the mechanism which consumers may use
				without charge;
(c) A statement of
				any requirement that a consumer resort to the mechanism before exercising right
				or seeking remedies created by the Act together with a disclosure that if a
				consumer chooses to seek redress by pursuing rights and remedies not created by
				the Act, resort to the mechanism would not be required by any provision of the
				Act; and
(d) A statement, if
				applicable, indicating where further information on the mechanism can be found
				in materials accompanying the motor vehicle, as provided in Section 4.3 of
				these rules.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-03 - Legislative Rule Pertaining To The Establishment And Qualification Of Third-Party Dispute Mechanisms › Section 142-3-5 - Minimum Requirement Of The Mechanism

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Mechanism organization.
5.1.1. The mechanism shall be funded and
				competently staffed at a level sufficient to ensure fair and expeditious
				resolution of all disputes and shall not charge consumers any fee for use of
				the mechanism.
5.1.2. The warrantor
				and the sponsor of the mechanism (if other than the warrantor) shall take all
				steps necessary to ensure that the mechanism and its members and staff are
				sufficiently insulated from the warrantor and the sponsor, so that the
				decisions of the members and the performance of the staff are not influenced by
				either the warrantor or the sponsor. Necessary steps shall include, at minimum,
				committing funds in advance, basing personnel decisions solely on merit and not
				assigning conflicting warrantor or sponsor duties to mechanism staff
				persons.
5.1.3. The mechanism shall
				impose any other reasonable requirements necessary to ensure that the members
				and staff act fairly and expeditiously in each dispute.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-04 - Fair Treatment Of Crime Victims And Witnesses › Section 142-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules apply to all law-enforcement agencies and prosecuting
				attorneys' offices within the State of West Virginia and establish procedures
				for the fair treatment of crime victims and witnesses in the criminal justice
				system.
1.2. Authority. -- W. Va.
				Code '61-11A-6.
1.3. Filing Date. -- June 29, 1984.
1.4. Effective Date. -- July 1,
				1984.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-04 - Fair Treatment Of Crime Victims And Witnesses › Section 142-4-2 - Application And Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
These legislative rules apply to all law-enforcement agencies
				  and prosecuting attorneys' offices in the State of West Virginia. Enforcement
				  of these rules shall be vested in the Office of the Attorney
				  General.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-04 - Fair Treatment Of Crime Victims And Witnesses › Section 142-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Law-enforcement agency. -- The term "Law-Enforcement Agency" shall include the
				police forces of all incorporated municipalities, sheriffs, departments and the
				Department of Public Safety. The term "Law-Enforcement Agency" shall not
				include conservation officers, correctional officers or security guards at
				state institutions.
3.2. Arresting
				law-enforcement agency. -- The term "Arresting Law-Enforcement Agency" shall
				mean that law-enforcement agency which has made either an actual arrest or, in
				those cases where a crime has occurred but no arrest has yet been made, assumed
				primary responsibility for the investigation of the crime.
3.3. Victim. -- The term "Victim" shall mean
				a person who is a victim of a felony, the fiduciary of a deceased victim's
				estate, a member of a deceased victim's immediate family or, in the case of a
				minor child who is the victim of a felony, a member of the child's immediate
				family or legal guardian.
3.4.
				Serious crime. -- The term "Serious Crime" shall mean a crime committed by an
				adult which is a felony under the laws of the State of West Virginia.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-04 - Fair Treatment Of Crime Victims And Witnesses › Section 142-4-4 - Services To Victims Of Crime

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Duties of arresting law-enforcement
				agency. -- The arresting law-enforcement agency shall ensure the victims
				routinely receive emergency social and medical services as soon as possible.
				The arresting law-enforcement agency shall provide to victims information on
				the following:
(a) The availability of crime
				victim compensation through the West Virginia Crime Reparation Act of
				1981;
(b) Community-based victim
				treatment programs;
(c) The role of
				the victim in the criminal justice process; and
(d) Stages in the criminal justice process of
				significance to the crime victim and the manner in which information about such
				stages can be obtained.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-04 - Fair Treatment Of Crime Victims And Witnesses › Section 142-4-5 - Compliance Within Limits Of Available Resources And Constitutional Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
These regulations shall be complied with by all
				  law-enforcement agencies and prosecuting attorneys to the extent that it is
				  possible with the limits of available resources to assist victims and witnesses
				  of crime without infringing on the constitutional rights of the
				  defendant.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-04 - Fair Treatment Of Crime Victims And Witnesses › Section 142-4-6 - No Cause Of Action Created

Current through Register Vol. XLI, No. 28, July 12, 2024
Nothing in West Virginia Code section one, article eleven-a,
				  chapter sixty-one et seq. or these regulations shall be construed as creating a
				  cause of action against the State of West Virginia or any of its political
				  subdivisions.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-05 - Prevention Of Unfair Or Deceptive Acts Or Practices In Home Improvement Transactions › Section 142-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Rule
				Designation. -- This rule is legislative.
1.2. Scope. -- This legislative rule covers
				certain unfair or deceptive acts or practices covering home improvement
				transactions in West Virginia, its counties, and all political subdivisions but
				shall not cover new construction of single-family dwellings or rebuilding all
				or substantially all of an existing or preexisting single-family
				dwelling.
1.3. Authority. -- W. Va.
				Code ''46A-6-103 and 46A-7-102(e)
1.4. Filing Date. -- June 15, 1987.
1.5. Effective Date. -- June 15,
				1987.
1.6. Repeal of Former Rule.
				-- Not applicable
1.7. 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-1 et seq.
1.8. 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 et
				seq.
1.9. 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 142-05 - Prevention Of Unfair Or Deceptive Acts Or Practices In Home Improvement Transactions › Section 142-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Advertisement" (including the terms advertise and advertisement) means any
				oral, written or graphic statement made by the seller in any manner in
				connection with the solicitation of business, and including, but not limited
				to, statements or representations made in a newspaper, magazine or other
				publication, or on radio or television, or contained in any notice, handbill,
				billboard, poster, display, bill, circular, brochure, pamphlet, sign, catalog,
				or letter, or printed on or contained in any tag or label attached to or
				accompanying any goods or services offered for sale. Advertisement includes any
				statement or representation disseminated within West Virginia, even if such
				statement or representation was first disseminated outside West
				Virginia.
2.2. "Clear and
				Conspicuous" means that the statement, representation or term being disclosed
				is of such size, and/or color contrast and is so presented as to be readily
				noticeable and understandable to the person to whom it is being disclosed. A
				statement, representation or term contained in a written contract is not clear
				and conspicuous unless:
(a) it appears in
				printed or typed face larger than the largest type used in the written
				contract, apart from the typeface used for other terms required to be clearly
				and conspicuously set forth by these rules, and
(b) it appears in close proximity to the
				information which it modifies or to which the seller intended it to
				refer.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-05 - Prevention Of Unfair Or Deceptive Acts Or Practices In Home Improvement Transactions › Section 142-5-4 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In the event
				of a violation of this Rule by a merchant or other person subject to its
				provisions, the Attorney General may bring a civil action to restrain any such
				violation, including an application for temporary relief pending final
				determination of the proceedings, and for other appropriate relief, including
				restitution for affected consumers and the costs and expenses incurred in the
				investigation and prosecution of such action to the extent permitted by
				statute.
4.2. In addition to an
				application for injunctive remedies and other appropriate relief, as aforesaid,
				the Attorney General may also bring a civil action to recover a civil penalty
				for the willful violation of this Rule and if the court finds that a person has
				engaged in a course of willful and repeated violations of this Rule or any
				other applicable provision of W. Va. Code '46A-1-1, it may assess a civil
				penalty of no more than five thousand ($5,000) dollars for each such violation
				to the extent permitted by statute.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-06 - Leg Rule Pertaining To The Prevention Of Unfair Or Deceptive Acts Or Practices In Sale Of Damaged Goods Or Damaged Products › Section 142-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Rule
				Designation. -- This rule is legislative.
1.2. Scope. -- This proposed legislative rule
				covers certain unfair or deceptive acts or practices regarding the sale of
				damaged goods or damaged products in West Virginia, its counties and all
				political subdivisions.
1.3.
				Authority. -- W. Va. Code ''46A-6-103 and 46A-7-102(e)
1.4. Filing Date. -- June 15, 1987.
1.5. Effective Date. -- June 15,
				1987.
1.6. Repeal of Former Rule.
				-- Not applicable
1.7. 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-1 et seq.
1.8. 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 et
				seq.
1.9. 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 circumstances, 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 142-06 - Leg Rule Pertaining To The Prevention Of Unfair Or Deceptive Acts Or Practices In Sale Of Damaged Goods Or Damaged Products › Section 142-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Clear and
				Conspicuous" means that the statement, representation or term being disclosed
				is readily noticeable and understandable to the person to whom it is being
				disclosed. A statement, representation or term contained in a printed
				advertisement is not clear and conspicuous unless:
(a) it appears in clearly legible type used
				in the advertisement, except for the typeface size of the seller's name,
				and
(b) it appears in close
				proximity to the information which it modifies or to which the seller intended
				it to refer.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-06 - Leg Rule Pertaining To The Prevention Of Unfair Or Deceptive Acts Or Practices In Sale Of Damaged Goods Or Damaged Products › Section 142-6-3 - Sale Of Damaged Goods Or Damaged Products

Current through Register Vol. XLI, No. 28, July 12, 2024
In connection with the sale of damaged goods or damaged
				  products, and without limitation by enumeration, it is unfair or deceptive
				  practice to:
3.1. Represent, directly
				or indirectly, that such a good or product is new or undamaged, or misrepresent
				the nature and extent of damage to the whole or any part of the good or
				product.
3.2. Advertise or
				otherwise emphasize the undamaged aspects or portions of any such good or
				product so as to deceive or attempt to deceive the public with respect to the
				damaged aspects or portions, or so as to create a likelihood of confusion or
				misunderstanding.
3.3. Offer for
				sale or sell any good or product which is damaged, contains damaged parts, is
				rebuilt, remanufactured, reconditioned, or contains rebuilt, remanufactured, or
				reconditioned parts due to damage, or has the appearance of being new when it
				is damaged, unless there is given to the buyer or prospective buyer clear and
				conspicuous prior notice that such a good or product has been damaged, rebuilt,
				remanufactured or reconditioned due to damage, or that it contains used,
				rebuilt, remanufactured or reconditioned parts due to damage.
3.4. Represent, directly or indirectly, that
				goods or products are damaged and that a price concession has been made for
				that reason when the goods have not in fact been damaged or the price has not
				been reduced accordingly.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-06 - Leg Rule Pertaining To The Prevention Of Unfair Or Deceptive Acts Or Practices In Sale Of Damaged Goods Or Damaged Products › Section 142-6-4 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In the event
				of a violation of this Rule by a merchant or other person subject to its
				provisions, the Attorney General may bring a civil action to restrain any such
				violation, including an application for temporary relief pending final
				determination of the proceedings, and for other appropriate relief, including
				restitution for affected consumers and the costs and expenses incurred in the
				investigation and prosecution of such action.
4.2. In addition to an application for
				injunctive remedies and other appropriate relief, as aforesaid, the Attorney
				General may also bring a civil action to recover a civil penalty for the
				willful violation of this Rule, and if the court finds that a person has
				engaged in a course of willful and repeated violations of this Rule or any
				other applicable provisions of West Virginia Code Chapter 46A, it may assess a
				civil penalty of no more than five thousand dollars for each such
				violation.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This procedural rule specified the process and requirements for the
				issuance of a declaratory ruling on the qualification of motor vehicle
				manufacturer's informal dispute settlement mechanisms and is intended to
				supplement and be read together with the Legislative Rule pertaining to the
				establishment and qualification of third-party dispute mechanisms for the
				resolution of new motor vehicle warranty disputes between the consumer and the
				manufacturer, its agents, or its authorized dealer, Title 142, Rules of the
				Attorney General, Chapter 46A-6A, Series 3 (hereinafter the Legislative Rule,
				Series 3.)
1.2. Authority. -- W.
				Va. Code ''46A-6-103 and 46A-6A-8
1.3. Filing Date. -- May 1, 1987.
1.4. Effective Date. -- June 1,
				1987.
1.5. Construction. -- This
				rule shall be liberally construed to effectuate the purposes of the West
				Virginia New Motor Vehicle Warranties Act, W. Va. Code '46A-6A-1
				et seq.
1.6. 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 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "The Act"
				means the Consumer Protection - New Motor Vehicle Warranties Act, W. Va. Code
				'46A-6A-1
				et seq.
2.2. "Manufacturer" means a
				person engaged in the business of manufacturing, assembling, or distributing
				motor vehicles, who will, under normal business conditions during the year,
				manufacture, assemble or distribute to dealers at least ten (10) new motor
				vehicles.
2.3. "Warrantor" means
				any manufacturer who gives or offers to give a written warranty which
				incorporates an informal dispute settlement mechanism.
2.4. "Consumer" means the purchaser, other
				than for purpose of resale, of a new motor vehicle purchased in this State used
				primarily for personal, family or household purposes, a person to whom the new
				motor vehicle is transferred for the same purposes during the duration of an
				express warranty applicable to the motor vehicle and any other person entitled
				by the term of the warranty to enforce the obligation of the
				warranty.
2.5. "Mechanism" means
				the organization, persons, or entity which conducts the decision-making
				processes under an informal dispute settlement procedure which is incorporated
				into the terms of a written warranty.
2.6. "Members" mean the person or persons
				within a Mechanism actually deciding disputes.
2.7. "Qualified Mechanism" means a
				third-party dispute settlement Mechanism which has been reviewed by the
				Director of the Consumer Protection Division, Office of the Attorney General,
				and certified and approved as meeting the requirements specified in the Act, W.
				Va. Code '46A-6A-8,
				and the requirements of the Legislative Rule, Series 3.
2.8. "Provisionally Qualified Mechanism"
				means a third-party dispute settlement Mechanism which is not able to submit a
				complete application under the requirements of this Rule and is granted a one
				(1) year approval under the terms of Section 5 of this Rule.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-4 - Review Of Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Upon
				receipt of a completed application, the Director of the Consumer Protection
				Division shall direct his staff to prepare a report, reviewing the operation of
				the Mechanism in view of the requirements of the Act and the Legislative Rule,
				Series 3, and to recommend an appropriate ruling on the application.
4.2. After receipt of the staff report and
				independent review of the application, the Director shall announce his
				declaratory ruling, certifying the applicant as a Qualified Mechanism, granting
				Provisional Qualification for such time and upon such conditions as may be
				specified or rejecting the application.
4.3. A final report will be prepared to
				accompany the Director's ruling, setting forth the basis therefor.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-5 - Provisionally Qualified Mechanisms

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Provisional Qualification shall be
				available only for those Mechanisms which have not conducted sufficient
				operations in West Virginia under the terms of the Act and the Legislative
				Rule, Series 3, prior to submitting an application, so as to permit the
				submission of a complete application.
5.2. Applicants for Provisional Qualification
				shall complete so much of the application submission as possible, supplementing
				West Virginia information and records with comparable documents and statistics
				from one (1) or more other states, if available. All applicants for Provisional
				Qualification shall clearly so state on the face of the application.
5.3. In the event Provisional Qualification
				is granted, it shall continue for a period of one (1) year. Following nine (9)
				months of operation as a Provisionally Qualified Mechanism, such Mechanism
				shall update its original application with the statistics and materials
				required in an application under this Rule, reflecting the nine (9) month
				operating period, and reapply for approval as a Qualified Mechanism.
5.4. After review of the application as
				provided in Section 4, the Director may approve or reject the application or
				grant one (1) additional year of Provisional Qualification. This ruling will be
				reflected in a report, as provided in Section 4.3.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-6 - Continuing Obligations Of Qualified Mechanisms

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A Qualified Mechanism shall promptly
				inform the Consumer Protection Division of any changes in the information
				submitted in its application pursuant to Sections 3.1.1, 3.1.3, 3.1.4, and
				3.1.5, and supply copies of such changes or requisite information.
6.2. A Qualified Mechanism shall submit to
				the Consumer Protection Division, annually, copies of its budget, the annual
				audit required by the Legislative Rule, Series 3, Section 5.5, and an annual
				cross-section of opinions as required by Section 3.1.11 of this Rule.
6.3. A Qualified Mechanism shall supply for
				review, upon request of the Director, any additional statistics, records or
				documents which must be compiled or prepared pursuant to the Legislative Rule,
				Series 3.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-7 - Revocation Of Qualification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In
				the event that the Director has probable cause to believe that a Qualified or a
				Provisionally Qualified Mechanism is operating in contravention of the
				requirements of the Act, the Legislative Rule, Series 3, or this Rule, written
				notification shall be sent to the Mechanism, outlining the perceived
				deficiencies, fixing a time within which to respond and identifying any
				additional information which may be required.
7.2. Upon receipt of the Qualified or
				Provisionally Qualified Mechanism's reply, the Director shall determine whether
				the approval granted should be revoked, continued as before or continued for a
				period contingent upon compliance with such conditions as may be set forth in
				the declaratory ruling. This ruling will be reflected in a report, as provided
				in Section 4.3. Failure of the Mechanism to comply with conditions so stated
				shall result in the automatic revocation of approval, as of the date provided
				in the declaratory ruling.
7.3.
				After revocation of approval, a Mechanism may reapply, pursuant to the
				application procedures in Section 3 of this Rule, following one (1) year after
				the date of such revocation.
West Virginia Code of State Rules › Agency 142 - Attorney General › Title 142 - PROCEDURAL RULE ATTORNEY GENERAL › Series 142-07 - Procedural Rule Pertaining To The Qualification And Approval Of Motor Vehicle Manufacturers' Informal Dispute Settlement Mechanisms › Section 142-7-8 - Unqualified Mechanisms

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. There
				is no obligation on the part of a consumer with a warranty dispute governed by
				the Act to refer such dispute to a Mechanism under West Virginia Code
				'46A-6A-8(b) if the Mechanism has not obtained Qualified or Provisionally
				Qualified status, or has had such status revoked.
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 142-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth certain requirements for sellers of preneed burial contracts,
				the contract contents, and other matters pursuant to the Preneed Burial
				Contracts Act, W. Va. Code '47-14-1
				et seq.
1.2. Authority. -- W. Va.
				Code ''47-14-9, 46A-6-103, and 46A-7-102(1)(e)
1.3. Filing Date. -- May 27, 1988.
1.4. Effective Date. -- August 25,
				1988.
1.5. Repeal of former rule.
				-- Not applicable.
1.6. Penalties.
				-- Except as indicated, a violation of the provisions of this rule shall
				constitute a violation of the provisions of the Preneed Burial Contracts Act,
				W. Va. Code '47-14-1
				et seq., and shall constitute an "unfair or deceptive act" as prohibited by W.
				Va. Code '46A-6-104,
				thereby triggering appropriate remedies provided for violations of that
				section.
1.7. Construction. --
				These rules are to be liberally construed to effectuate the provisions of the
				Preneed Burial Contracts Act, W. Va. Code '47-14-1
				et seq., and 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, phrase, clause, or provision of
				this rule or the application thereof is held unconstitutional or invalid, such
				unconstitutionality or invalidity shall not affect other sections, subsections,
				sentences, phrases, clauses, 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 142-08 - Administration Of Preneed Burial Contracts › Section 142-8-3 - Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each and
				every person who applies for renewal of a certificate of authority pursuant to
				the provisions of W. Va. Code '47-14-3
				shall be required to make an annual report for each reporting year or portion
				thereof as set forth in section 2.6 of this rule. Such report shall be filed at
				the time the application for renewal is filed.
3.2. Each annual report shall contain the
				following information:
3.2.1. An
				identification of all outstanding preneed funeral contracts, the dates upon
				which such contracts were entered, the names of all parties involved in such
				contracts or having any rights under such contracts, the amounts paid on such
				contracts, and the amounts owing on any contracts upon which payments are
				incomplete, or, with respect to contracts which will be funded by the proceeds
				of a life insurance or annuity contract for the contract beneficiary, the
				amount of such insurance or annuity, the insurance agent and insurer, the
				current beneficiary and the method of payment for such insurance or annuity
				contract;
3.2.2. The name of the
				seller and the name of the provider of services and goods and a statement that
				the provider has the capacity to perform all of its obligations under its
				contracts;
3.2.3. A statement that
				the seller and the person receiving funds paid thereunder have complied with
				applicable trust requirements of the Preneed Burial Contracts Act and this
				rule, identifying the present depository or holder of all trust funds with
				amounts thereof itemized as to each contract. This statement shall also include
				an accounting for each trust fund, describing all payments to and disbursements
				from the fund;
3.2.4. Any changes
				or amendments in any contracts or obligations of the contract seller or
				provider that have occurred during the reporting year which were not previously
				reported to the Department pursuant to W. Va. Code '47-14-8(f)
				and section 9.6 of this rule; and
3.2.5. The current price list of the provider
				for funeral goods and services and any other price list employed since the
				previous annual report.