reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11 - Reg Governing Public Markets › Section 61-11-4 - Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Scales, type
				and location. -- Persons operating a public market shall install a sufficient
				number of scales to accommodate the minimum volume of business of the market at
				any time. All scales shall be equipped with a dial and printer or adjustable
				indicator, type-registering beams, and be located where easily accessible to
				the docks.
4.2. Veterinary office.
				-- All persons operating a public market where livestock will be offered for
				sale shall provide and equip a veterinary office and laboratory that is
				acceptable to the Commissioner. Locks and keys shall be provided and the office
				shall be for use by the veterinarian and livestock technicians only.
4.3. Pens for holding and testing cattle. --
				All persons operating a public market where cattle will be offered for sale
				shall provide two (2) holding pens to be used for the purpose of testing and
				examining cattle. These holding pens shall be constructed so that cattle may be
				safely worked from one through a catching chute into the other. The catching
				chute, gates and working area shall be constructed and maintained for maximum
				safety and efficiency.
4.4. Pens
				for holding swine for feeding and breeding purposes. -- All persons operating a
				public market where swine will be offered for sale shall construct or allocate,
				under roof, a sufficient number of pens to be used exclusively for the purpose
				of examining and administering medication to swine received and offered for
				sale for feeding and breeding purposes. These pens shall be constructed with
				floors of impervious material, shall be well lighted and shall be properly
				cleaned after each sale.
4.5. Pens
				for holding sheep for feeding and breeding purposes. -- All persons operating a
				public market where sheep and lambs will be offered for sale shall construct,
				under roof, a sufficient number of pens to be used for sheep and lambs offered
				for sale for feeding and breeding purposes. These pens shall be well lighted
				and shall be properly cleaned after each sale.
4.6. Pens (grading). -- All persons operating
				a public market where livestock and poultry will be offered for sale shall
				provide pens for grading and classifying livestock and poultry. All pens shall
				be located under roof and shall be properly cleaned after each sale.
4.7. Watering facilities. -- All persons
				operating a public market where livestock are offered for sale shall have fresh
				potable water available to all livestock.
4.8. Public facilities. -- All persons
				operating a public market shall provide:
(a)
				Drinking fountains, and
(b) toilet
				and hand washing facilities for the public and such facilities shall be
				maintained in a clean and sanitary condition in accordance with the
				requirements of the State Health Department.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11 - Reg Governing Public Markets › Section 61-11-6 - Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Clerk shall
				record price and purchaser - A public market clerk shall record the name of the
				buyer and the price at which the products are sold as announced by the
				auctioneer.
6.2. Animals,
				identification of. -- It shall be the responsibility of each public market to
				individually identify by numbered tag each animal consigned to said market.
				Such tag number shall be recorded on the scale ticket in the space provided.
6.2.1. The consignor shall bear the
				responsibility for delivering correctly paired cows and calves to the
				market.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11 - Reg Governing Public Markets › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
SCALE TICKET
(Printed) (Printed)
(No. Serially) (Name of Market)Public Market
				  _________19__
Received from ________________ Address_______________
___________________________________________
HOGS CATTLE CALVES LAMBS SHEEP HORSES POULTRY
Tag and/or Mark________________ Pen. No_______________
Buyer______________________ Price_______________
Remarks_________________ Amount__________________
Weighman__________________________
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general procedures for the licensing of
				auctioneers.
1.2. Authority. -- W.
				Va. Code §
									19-2C-3a,
				§ 19-2C-5.
1.3. Filing Date.
				-- April 25, 2022
1.4. Effective
				Date. -- April 25, 2022
1.5. Sunset
				Date. -- This rule shall terminate and have no further force or effect on
				August 1, 2032.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Absolute
				auction" means the sale of real or personal property at auction whereby every
				item offered from the block is sold to the highest bidder without reserve and
				without the requirements of a minimum bid or other conditions which limit the
				sale other than to the highest bidder.
2.2. "Apprentice auctioneer" means an
				auctioneer who is in training and is operating under the supervision of a
				licensed auctioneer.
2.3. "Auction
				house" or "auction firm" means and includes any person or entity that contracts
				with one or more individuals or entities to provide for the auctioning of
				goods, but does not auction the goods itself, and must retain the services of a
				licensed auctioneer to perform the auction.
2.4. "Auctioneer" means a person who sells
				goods or real estate at public auction for another on commission or for other
				compensation.
2.5. "Bid rigging"
				means any action in which two or more people conspire to restrain trade by
				artificially "fixing" or influencing bids in an auction. This can occur when
				bidders agree not to bid against one another so as to depress selling prices,
				or when an auctioneer and one or more others agree to try and artificially
				increase selling prices.
2.6.
				"Commissioner" means the Commissioner of Agriculture of West
				Virginia.
2.7. "Department" means
				the West Virginia Department of Agriculture.
2.8. "Escrow account" means a separate
				custodial or trust fund account maintained by the auctioneer.
2.9. "Estate auction" means the sale at
				auction of property of a specified deceased person or the property of a
				specified living person's estate.
2.10. "In this state" means a that an auction
				satisfies one of the following criteria:
2.10.a. The auctioneer performed the auction
				within the borders of the State of West Virginia;
2.10.b. The auctioneer is selling items for a
				person located in the State of West Virginia;
2.10.c. The auctioneer is auctioning is real
				or personal property located in the State of West Virginia;
2.10.d. The auctioneer delivers purchased
				property to a location in the State of West Virginia; or
2.10.e. The auctioneer is otherwise subject
				to the laws, including taxation authority, of the State of West
				Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An individual
				wishing to apply to be an auctioneer or an apprentice auctioneer shall submit
				an application to the Commissioner, on a form provided by the
				Commissioner.
3.2. The application
				shall contain sufficient information to allow the Commissioner to determine the
				applicant's eligibility for an auctioneer or apprentice auctioneer license and
				shall include a statement by two (2) individuals testifying to the applicant's
				character.
3.3. An applicant for an
				apprentice license or auctioneer license shall be at least 18 years of
				age.
3.4. An applicant for an
				auctioneer or apprentice auctioneer license shall present a photo I.D. before
				participating in examinations.
3.5.
				Each applicant for an auctioneer or apprentice auctioneer license shall comply
				with the following background check requirements:
3.5.a. Each first-time applicant shall file a
				set of the applicant's fingerprints, taken by a law-enforcement officer, and
				any other information necessary to complete a statewide and nationwide criminal
				history check with the Criminal Investigation Bureau of the Department of
				Justice for state processing and with the Federal Bureau of Investigation for
				federal processing.
3.5.b. The
				applicant shall pay all costs associated with the criminal history
				checks.
3.5.c. Criminal history
				records provided to the Department are confidential.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-4 - Bond Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 The
				amount of bond required is no less than five thousand dollars ($5,000) for an
				apprentice auctioneer and no less than twenty-five thousand dollars ($25,000)
				for an auctioneer or auction house. Corporate surety bonds shall be on forms
				provided by the Commissioner. A bond in an amount higher than these minimums
				may be imposed by the Commissioner upon recommendation of the Board of Review,
				as set_forth in section 15.2.
4.2. All
				corporate surety bonds shall be executed by a company authorized to do business
				in the State of West Virginia as determined by the Secretary of
				State.
4.3. An apprentice
				auctioneer applicant is not required to have a bond in place prior to testing;
				however, they shall submit a properly executed bond to West Virginia Department
				of Agriculture before the Department will issue the license.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-5 - License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The license
				numbers issued under W. Va. Code §
									19-2C-1 et
				seq. are permanent, subject to annual renewal. A license number issued to an
				individual cannot be reissued to another auctioneer if that license lapses or
				is otherwise revoked.
5.2. All
				licenses issued under W. Va. Code §
									19-2C-1 et
				seq. expire on June 30 of each year, unless revoked or suspended.
5.2.a. An auctioneer who has submitted all
				the necessary paperwork to renew his or her license may continue to operate
				under his or her license for up to thirty (30) days after June 30.
5.2.b. An apprentice auctioneer who has all
				the necessary paperwork to renew his or her license may continue to operate
				under his or her license for up to twenty (20) days after June 30.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-6 - License Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				applicant shall submit all materials required by the Commissioner to the
				Department of Agriculture before the Commissioner may renew a license. Requests
				which do not contain all necessary information may result in delays in the
				issuance of the license.
6.2. An
				auctioneer shall provide the Commissioner with proof of completion of at least
				six (6) hours of continuing education within the previous license year.
6.2.a. An auctioneer shall complete six (6)
				hours of continuing education each subsequent year in order to qualify for
				license renewal.
6.2.b. The
				Commissioner or his or her designee must approve all continuing education
				programs as to subject matter before credit will be granted.
6.2.c. Requests for approval shall include:
				the name of course, the course provider, the date of instruction, an outline of
				the course, the instructor or sponsor and his or her qualifications for
				teaching the class, the instructor or sponsor's address and the number of hours
				of instruction.
6.2.d. Curricula
				must be approved in advance, and in the case of group instruction, the
				instructor or course provider shall provide a certified list of those persons
				completing the course. Failure of the provider to seek and be given approval in
				advance may result in the denial of continuing education credit.
6.2.e. Continuing education may include, but
				is not limited to, seminars, correspondence courses, certified home study and
				formal course work offered through vocational programs, extension programs,
				colleges and universities, or certified auction schools.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-7 - Receipts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each
				auctioneer shall provide a buyer or purchaser with a receipt that includes:
7.1.a. The date of the sale;
7.1.b. A description of the item or
				lot;
7.1.c. The price paid for the
				item or lot purchased; and
7.1.d.
				The name, license number and permanent address of the auctioneer. This
				information shall be provided to each buyer or purchaser only once.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-8 - Examination of Applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				written examination shall test the applicant's knowledge of the West Virginia
				Auctioneer Law, W. Va. Code §
									19-2C-1
et seq.
, rules promulgated under the law and other
				fundamentals of the auctioneering profession.
8.2. The oral examination shall test the
				auctioneer's competency in conducting an auction, and his or her knowledge of
				all applicable laws, both state and federal.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-9 - Accredited Auctioneering Schools

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Commissioner shall annually issue a
				list of accredited auctioneering schools.
9.2. Any school wishing to be included on the
				list of accredited auctioneering schools shall submit to the Commissioner a
				complete curriculum, a course schedule, a list of the instructors, credentials
				of the instructors, the location of the school, the cost and any other
				information considered necessary by the Commissioner for a decision on the
				qualifications of the school to be accredited in West Virginia.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-10 - Suspension, Revocation, Expiration or Termination of Supervising Auctioneer's License

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				suspension, revocation, expiration or termination of a supervising auctioneer's
				license shall automatically suspend the license of any apprentice auctioneer
				sponsored or employed by the suspended auctioneer.
10.2. An apprentice auctioneer may retain an
				apprentice by transferring to the sponsorship of another licensed auctioneer:
				Provided, that the request for the transfer is made in writing and according to
				the procedures outlined in W. Va. Code §
									19-2C-6,
				and approved by the Commissioner or his or her designee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-11 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any holder of
				a valid auctioneer's license from another state may be granted a West Virginia
				license. Provided, that the state in which he or she is licensed provides
				similar recognition to a licensee of this State, and that the licensing
				requirements of the reciprocal state are at least equal to those of the State
				of West Virginia. The Commissioner shall annually issue a list of states with
				whom reciprocity has been formally approved.
11.2. Any auctioneer who has practiced in a
				state that has no licensing law for auctioneers and wishes to obtain a West
				Virginia license shall submit all information required for the Commissioner to
				determine that he or she has been a practicing auctioneer for a period of two
				years preceding the date of the application.
11.3. Once an individual has received a West
				Virginia auctioneer's license pursuant to the provisions of this section, he or
				she becomes subject to all other licensure requirements of this rule, including
				those relating to expired, revoked, or lapsed license. An individual who has
				once obtained a license through reciprocity may not obtain another license in
				the same manner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-12 - Waiver of Apprenticeship

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				The Commissioner may, with the concurrence of the Auctioneer Board of Review,
				grant a wavier of the apprenticeship requirements. For an applicant to be
				granted a wavier, he or she shall petition the Commissioner for a waiver and
				provide certified documentation as to the qualifications of the candidate to be
				an auctioneer without serving an apprenticeship. This documentation shall
				include formal training in the profession, exceptional practical training such
				as verification of conducting charity or other types of auctions which are
				exempt from the licensing requirements, and any other information to assist the
				Commissioner in making a ruling. The Commissioner may grant a waiver only under
				exceptional circumstances, after receiving concurrence from the Auctioneer
				Board of Review, and shall not consider them a routine matter. Under no
				circumstances shall the Commissioner grant a wavier if it is determined that
				experience in the profession has been gained as a result of auctioneering which
				was not in compliance with the laws and rules of the State of West Virginia or
				the State where the experience was gained.
12.2. To be a sponsoring auctioneer of an
				apprentice, the auctioneer must have held an auctioneer's license for at least
				two (2) consecutive years and can sponsor no more than two (2) apprentice
				auctioneers at any time.
12.3. If
				an applicant seeks a waiver of apprenticeship based on his or her inability to
				find a sponsoring auctioneer, the Commissioner may assign an auctioneer in good
				standing with the Department to serve as sponsoring auctioneer for the
				applicant.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-13 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any circular
				or other printed material advertising a sale shall contain the name and license
				number of the auctioneer conducting the sale, the name and license number of
				any apprentice auctioneer assisting with the sale, and the date, place and
				exact time of the auction.
13.1.a. An
				advertisement for an auction for which the auctioneer has not yet been
				selected, such as an auction advertised by a firm with multiple auctioneers,
				shall contain the name and license number of the auctioneer in
				charge.
13.1.b. An auctioneer
				performing an auction shall announce his or her name and license number at the
				beginning of his or her sale, or otherwise display that information when he or
				she is performing an auction.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-14 - Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. All contracts
				between an auctioneer and a seller shall meet, at a minimum, the requirements
				set forth in W. Va. Code §
									19-2C-9,
				including the following guidelines:
14.1.a.
				The contract shall be executed in duplicate;
14.1.b. The contract shall specifically state
				the amount of time to settle the account with the consignors, which is within
				fourteen (14) calendar days of the sale unless otherwise stated in the
				contract.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-15 - Board of Review

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The Board
				of Review shall meet at the call of the Commissioner or his or her designee to
				review the findings of an investigation resulting from a verified complaint
				received by the Department or an investigation initiated by the Department's
				own actions.
15.2. The Board of
				Review shall review these findings, all of the material related to the
				investigation, and any other material considered by the Board to be
				appropriate. The Board of review shall make a recommendation, in writing, to
				the Commissioner as to the course of action for the Commissioner on the
				complaint. Such recommendation may include a recommendation for the
				Commissioner to impose an increased bond amount, pursuant to section 4.1. Board
				decisions shall be majority decisions of those members present. A quorum of two
				(2) members is required for Board action.
15.3. When considered appropriate by the
				Commissioner, or his or her designee, the Board may meet via telephone
				conference call, but shall only provide a recommendation after receiving and
				reviewing hard copies of the material pertinent to the complaint.
15.4. A member of the staff of the
				Department, appointed by the Commissioner, shall serve as staff for the Board
				and shall be responsible for the presentation of each complaint. The staff
				member shall not participate in the discussions beyond the reasonable
				explanation of the facts of the complaint.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-16 - Licensing and Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Any
				person who wishes to conduct an auction as an auctioneer may apply for a
				license on forms prescribed by the commissioner. A nonreturnable fifty dollar
				($50) application fee and hundred dollar ($100) license fee shall accompany
				each application.
16.2. The
				approved applicant shall take an examination to become a licensed auctioneer or
				apprentice auctioneer at the regularly scheduled time and place designated. The
				examination fee is fifty dollars ($50), in addition to any other required fees.
16.2.a. An applicant, who has previously paid
				the examination fee and successfully completed the apprentice auctioneer's
				examination, is not required to pay an additional fee for the auctioneer
				exam.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-17 - Auctioneering Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. A
				person who does not have a West Virginia auctioneer license may conduct an
				auction on behalf of a charitable organization, provided the person conducting
				the auction:
17.1.a. Receives no monetary
				compensation for his or her services, or for any services associated with the
				charitable event.
17.1.b. Does not
				engage in any activities related to the sale, such as soliciting items, setting
				minimum bids, or other traditional auctioneering activities, other than
				volunteer auction services; and
17.1.c. Records charitable auctions on forms
				prescribed by the commissioner.
17.1.d. An unlicensed auctioneer may only
				conduct four (4) charitable auctions in a 12-month period. Special requests to
				allow for more than four (4) charitable auctions per licensed year may be
				submitted to the Commissioner in writing, detailing specific reasons to exceed
				the charitable auction limit and justification for not acquiring West Virginia
				auctioneer license.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11B - Auctioneers › Section 61-11B-18 - Auction Houses

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Any
				individual or business entity operating as an auction house is required to
				register with the Commissioner, on a form to be prescribed by the Commissioner.
18.1.a. Each auction house shall be required
				to pay the registration fee set forth in section sixteen of this
				rule.
18.1.b. The registration
				shall also include a verification stating that, by engaging in auction house
				activities, it is subject to the oversight of the Commissioner, the Board of
				Review, and the requirements of § 19-2C-1
et
				seq
.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11C - Conduct of Beef Industry Self-Improvement Assessment Program Referendums › Section 61-11C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations establish general procedures for the conduct of
				referendums held under the Beef Industry Self-Improvement Assessment Program.
1.2. Authority. --W. Va.
				Code§19-l-4j.
1.3. Filing
				Date. -- May 31.1985.
1.4.
				Effective Date. - .May 31,1985.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11C - Conduct of Beef Industry Self-Improvement Assessment Program Referendums › Section 61-11C-2 - General purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. These
				regulations are for the purpose of establishing a method of holding referendums
				under the Beef Industry Self-Improvement Assessment Program.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11C - Conduct of Beef Industry Self-Improvement Assessment Program Referendums › Section 61-11C-3 - Referendum procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Announcement of referendum. -- Within forty-five (45) days after the legal
				requirements of a referendum have been met, the Agriculure Commissioner shall
				establish a date for holding the referendum. In addition to statutory
				requirements, notice of the pending referendum shall be published in The Market
				Bulletin and in at least ten (10) other newspapers throughout West Virginia.
3.2. Polling place. - A polling
				place for the referendum shall be located in each county in West Virginia. The
				polls will remain open from eight a.m. until five p.m. on the day of the
				election.
3.3. Election officials.
				- There shall be two (2) election officials, appointed by the Agriculture
				Commissioner, present at each polling place during actual voting. One shall be
				designated as the chief election official.
3.4. Duties of election officials. - Election
				ofUcials will verify producer eligibility and provide those eligible with a
				ballot; be responsible for maintaining the integrity of the sealed ballot box,
				counting the ballots at the conclusion of the election, certifying the vote
				count to the Agriculture Commissioner, and returning the voted ballots and
				unused ballots to the Agriculture Commissioner.
3.5. Delivery of official ballots. - The
				official receiving the ballots in each county shall sign a receipt for the
				ballots received and shall attest to the number of ballots voted and returned
				unvoted at the conclusion of the election.
3.6. Voter eligibility. - Any person,
				regardless of age, who provides proof of eligibility, such as, but not limited
				to, tax assessment records, sales receipts or income tax records, to vote in
				this referendum shall be provided an official ballot.
3.7. Voter registration. - The voter
				registration format shall be as follows: Refer to Appendix A.
3.8. Official ballot. - The official ballot
				format shall be as follows: Refer to Appendixes B and C.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11D - Licensing Of Livestock Dealers › Section 61-11D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules are promulgated to establish the general procedures for
				the licensing of livestock dealers under the provisions of "The West Virginia
				Livestock Dealer's Licensing Act," W. Va. Code '19-10B-1, et
				seq.
1.2. Authority. -- W. Va. Code
				'19-10B-9.
1.3. Filing Date. -- April 23,
				1992.
1.4. Effective Date. -- April
				27, 1992.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11D - Licensing Of Livestock Dealers › Section 61-11D-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the
				purposes of these rules, unless the context clearly indicates otherwise:
2.1.a. "Livestock Producer" means a person
				selling livestock which he has raised, or livestock which he has purchased and
				summered or wintered. A person is considered to have raised an animal,
				regardless of its age, if he has owned it since its birth. A person is
				considered to have purchased and summered or wintered an animal if he acquired
				such animal after its birth and has held ownership of such animal for a
				continuous period of sixty (60) days or more.
2.1.b. "Livestock Transaction" means a
				transaction whereby livestock is bought, sold, received, exchanged or otherwise
				transferred to or from a livestock dealer.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11D - Licensing Of Livestock Dealers › Section 61-11D-3 - License Applications And Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The applicant for a livestock dealer's
				license shall submit his application on forms provided by the
				commissioner.
3.2. The applicant
				shall file an application with the commissioner on or before the thirtieth day
				of June of a given year for an annual license to be issued for the period
				commencing the first day of July of such year and ending on the thirtieth day
				of June of the following year.
3.3.
				The applicant shall remit a fee of thirty dollars ($30.00) with each
				application.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11D - Licensing Of Livestock Dealers › Section 61-11D-4 - Bond Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Each applicant for a livestock dealer's license under the provisions of this
				rule shall file with the commissioner either of the following:
4.1.a. A properly attested sworn statement
				that he is maintaining a valid surety bond pursuant to the requirements of the
				United States Department of Agriculture, Packers and Stockyards Act of 1921, as
				amended; or
4.1.b. A fully executed
				bond pursuant to the requirements of W. Va. Code '19-10B-4
				in an amount of not less than $10,000.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11D - Licensing Of Livestock Dealers › Section 61-11D-5 - Maintenance Of Records Of Transactions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Except as otherwise provided in
				subsection 5.2 of this rule, every person licensed as a livestock dealer under
				the provisions of W. Va. Code '19-10B-1 et seq.
				shall maintain a record of livestock transactions in an official transactions
				record book provided by the commissioner. Any such transactions record book
				shall be and remain the property of the department, and the delivery of such
				transactions record book or books to the licensed livestock dealer shall in no
				way affect the ownership of such transactions record book by the department. As
				a condition of receiving a license to function as a livestock dealer, each
				applicant shall agree to use reasonable care and diligence to preserve and
				protect the transactions record book assigned to him. Upon the request of the
				licensed livestock dealer, the commissioner shall provide such additional
				transactions record book or books as he may deem necessary for the licensed
				livestock dealer to comply with the provisions of this rule.
5.2. The commissioner may authorize a
				licensed livestock dealer to maintain a record of livestock transactions in an
				alternate record book, ledger or automated data storage and retrieval system,
				instead of the transactions record book prescribed in subsection 5.1 of this
				rule, if:
5.2.a. The commissioner determines
				that such alternative record book, ledger or automated data storage and
				retrieval system will permit the recording of information in such a manner that
				the commissioner can, by examining such alternative record book ledger or a
				printout of an automated data storage and retrieval system, readily obtain the
				same information which would otherwise be required to be provided through the
				use of the official transactions record book of the department;
5.2.b. The commissioner determines that such
				alternative method of record keeping will allow for the correction of records
				and the notation of the correction of records in accordance with the provisions
				of subsection 5.3 of this rule; and
5.2.c. The licensed livestock dealer
				demonstrates to the commissioner that such alternative method of record keeping
				is a normal function of his business operations and, by eliminating duplicating
				work, will result in a significant reduction in the administrative costs of
				doing business.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11D - Licensing Of Livestock Dealers › Section 61-11D-6 - Information To Be Recorded By Licensed Livestock Dealers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The licensed livestock dealer shall
				record the following information for each animal involved in a livestock
				transaction, as of the time of the livestock transaction:
6.1.a. All ear tag numbers or letters and any
				other identifying numbers or letters affixed to the animal;
6.1.b. Identifying tattoo numbers, except for
				vaccination tattoos;
6.1.c. In the
				case of purebred livestock, the registration number assigned to the
				animal;
6.1.d. The breed and sex of
				the animal;
6.1.e. The approximate
				weight of the animal;
6.1.f. The
				date of the transaction; and
6.1.g.
				The names and addresses of all owners, sellers, consignors or buyers who are
				party to the transaction with the licensed livestock dealer.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11E - Tobacco Markets › Section 61-11E-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - These
				Legislative Regulations establish general operating rules and procedures in the
				Marketing Division.
1.2 Authority -
				W.Va. Code 19-2 & 2a.
1.3
				Filing Date -
1.4 Effective Date
				-
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11E - Tobacco Markets › Section 61-11E-3 - Definitions of Words and Terms - When Used In These Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Public Market -
				A public market is any place of business where live-stock, poultry and other
				agricultural products are assembled for sale or distribution, as provided in
				Article 2 and 2a, Chapter 19, of the Code of West Virginia.
3.2 Commissioner - The Commissioner of
				Agriculture of the State of West Virginia and his authorized agents.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11E - Tobacco Markets › Section 61-11E-4 - Tobacco Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 Permit
				required - All persons, firms, corporations, partnerships or associations
				desiring to operate a public market are hereby required to obtain a permit from
				the Commissioner for the operation of same.
4.2 Permit, Applications - All persons,
				firms, corporations, partnerships, or associations applying for a permit to
				operate a public market shall make application to the Commissioner on forms
				furnished by him. The application shall set forth:
4.2.1 The proposed location of such
				market.
4.2.2 The need for such
				market.
4.2.3 The approximate
				pounds of tobacco in the area.
4.2.4 The present methods of marketing in the
				proposed area.
4.2.5 Style of
				ownership. individual form, partnership, corporation or association.
4.2.6 Principal owners and their
				addresses.
4.2.7 Business of
				operation, methods to be used.
4.2.8 How financed.
4.2.9 Such other Information as the
				Commissioner may require pertaining to location, construction, building and
				operation of such proposed public market.
4.2.10 The application shall be accompanied
				by;
4.2.10.1 A surety bond payable to the
				State of West Virginia for benefit of consignors who may be wronged or damaged
				by any fraud or fraudulent practices of the market.
4.2.10.2 A fee of ten dollars.
4.2.10.3 A map or blueprint showing the
				location, the amount of land, its accessibility to the public, showing
				elevations, its location in relation to highways or railroads, together with
				blueprints showing in detail the construction of all barns, buildings and other
				facilities required by law, or the Commissioner for the operation of said
				proposed public market.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11G - Conduct Of Beef Self-Improvement Assessment Program Referendums › Section 61-11G-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - These
				legislative regulations establish general procedures for the conduct of
				referendums held under the Beef Industry Self-Improvement Assessment Program.
1.2 Authority - W. Va. Code
				19-1-4J.
1.3 Filing Date - May 31,
				1985
1.4 Effective Date - May 31,
				1985
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11G - Conduct Of Beef Self-Improvement Assessment Program Referendums › Section 61-11G-2 - General Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 These
				regulations are for the purpose of establishing a method of holding referendums
				under the Beef Industry Self- Improvement Assessment Program.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-11G - Conduct Of Beef Self-Improvement Assessment Program Referendums › Section 61-11G-3 - Referendum Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1
				Announcement of Referendum - Within forty-five (45) days after the legal
				requirements of a referendum have been met, the Agriculture Commissioner shall
				establish a date for holding the referendum. In addition to statutory
				requirements, notice of the pending referendum shall be published in The Market
				Bulletin and in at least ten (10) other newspapers throughout West Virginia.
3.2 Polling Place - A polling
				place for the referendum shall be located in each county in West Virginia. The
				polls will remain open from 8:00 A.M. until 5:00 P.M. on the day of the
				election.
3.3 Election Officials -
				There shall be two (2) election officials, appointed by the Agriculture
				Commissioner, present at each polling place during actual voting. One shall be
				designated as the chief election official.
3.4 Duties of Election Officials - Election
				officials will verify producer eligibility and provide those eligible with a
				ballot; be responsible for maintaining the integrity of the sealed ballot box,
				counting the ballots at the conclusion of the election, certifying the vote
				count to the Agriculture Commissioner, and returning the voted ballots and
				unused ballots to the Agriculture Commissioner.
3.5 Delivery of Official Ballots - The
				official receiving the ballots in each county shall sign a receipt for the
				ballots received and shall attest to the niJinber of ballots voted and returned
				unvoted at the conclusion of the election.
3.6 Voter Eligibility - Any person,
				regardless of age, who provides proof of eligibility, such as, but not limited
				to, tax assessment records, sales receipts or income tax records, to vote in
				this referendum shall be provided an official ballot.
3.7 Voter Registration - The voter
				registration format shall be as follows. Refer to Appendix A
3.8 Official Ballot - The official ballot
				format shall be as follows. Refer to Appendix B and C.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12 - Fee Structure for the Pesticide Control Act of 1990 › Section 61-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes the fee structure to be used under the Pesticide
				Control Act of 1990.
1.2.
				Authority. - W. Va. Code '
				19-16A-4.
1.3. Filing Date. - April 21,2015
1.4. Effective Date. - July 1,
				2015.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12 - Fee Structure for the Pesticide Control Act of 1990 › Section 61-12-2 - Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Commissioner shall assess each person taking an examination for a license,
				certification or certificate a fee of $20.00 per examination session. This fee
				is for one or more examinations taken at the same time. This examination fee
				shall be used to help defray the costs of training materials, postage and
				processing of licenses, certification and certificates.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12 - Fee Structure for the Pesticide Control Act of 1990 › Section 61-12-3 - Classification and Fees of Pesticide Business Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Pesticide application business - The
				Commissioner shall assess an annual fee of $60.00 for each pesticide
				application business engaged in the business of applying pesticides upon the
				lands of another. A pesticide application business making non solicited
				recommendations of pesticide products, made in the course of normal business
				practices, is exempt from a consultant license and fee.
3.2. Pesticide consultant - The Commissioner
				shall assess an annual fee of $60.00 for each pesticide application business
				engaged in the business of soliciting or offering services for hire to
				recommend the use of pesticide on the lands of others.
3.3. Pesticide dealer - The Commissioner
				shall assess an annual fee of $60.00 for each person who sells, wholesales,
				distributes, offers or exposes for sale, exchanges or gives away any restricted
				use pesticide within or into this State. Commercial delivery services are not
				considered distributors of pesticides.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12 - Fee Structure for the Pesticide Control Act of 1990 › Section 61-12-4 - Classification and Fees of Applicator Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Commercial applicator - The Commissioner
				shall assess an annual fee of $20.00 for each person who uses or supervises the
				use of any pesticide which is classified for restricted use for any purpose or
				on any property other than as a private applicator.
4.2. Private applicator - The Commissioner
				shall assess a fee of $10.00 every three years for each person to maintain
				certification as a private applicator. A private_applicator is a person who
				applies restricted use pesticides for the purpose of producing any agricultural
				commodity on property owned or rented by his or her employer or who applies
				restricted use pesticides without compensation, other than the trading of
				personal services between producers of agricultural commodities on the property
				of another person.
4.3. Registered
				technician - The Commissioner shall assess an annual fee of $20.00 for each
				person qualifying as a registered technician.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12 - Fee Structure for the Pesticide Control Act of 1990 › Section 61-12-5 - Product Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Commissioner shall assess an annual registration fee of $150.00_per product
				for each pesticide which is manufactured, distributed, sold or offered for
				sale, delivered for transportation or transported in intrastate commerce ef or
				between points within this State through any point outside this
				State.
5.2. Pesticide products used
				or offered for use within the State under a bonafide experimental research
				permit issued by the United States environmental protection agency shall be
				registered but are exempt from the annual registration fee, provided the
				products are offered at no charge to cooperators and a copy of the experimental
				research permit is submitted with registration as an experimental use product
				with the State.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12A - Certified Pesticide Applicator Rules › Section 61-12A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements governing the certification and
				training, record keeping and general operation of equipment for certified
				pesticide applicators.
1.2.
				Authority. -- W. Va. Code §
									19-16A-4.
1.3. Filing Date. - April 8, 2024.
1.4. Effective Date. - April 15,
				2024.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on August 1,
				2033.