West Virginia Real Estate Licensing Law
West Virginia Code · 37 sections
The following is the full text of West Virginia’s real estate licensing law statutes as published in the West Virginia Code. For the official version, see the West Virginia Legislature.
W. Va. Code § 11A-2
West Virginia Code | §11A-2
Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
Article 1
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Article 3
ARTICLE 2. DELINQUENCY AND METHODS OF ENFORCING PAYMENT.
§11A-2-1. Duty of sheriff to enforce payment of delinquent taxes.
§11A-2-2. Collection by civil action; fees and costs not required of sheriff.
§11A-2-3. Distraint.
§11A-2-4. Abatement of distress.
§11A-2-5. Distraint of encumbered property.
§11A-2-6. Distraint where land lies in more than one county.
§11A-2-7. Summary procedure for collection out of money due from or property held by another.
§11A-2-8. Remedies against vendee in possession without deed.
§11A-2-9. Remedies of sheriff paying over taxes not collected.
§11A-2-10. Sale of tax liens on real estate.
§11A-2-10a. Notice of delinquency.
§11A-2-11. Delinquent lists; oath.
§11A-2-12. Penalty for inclusion of taxes paid in delinquent lists.
§11A-2-13. Publication and posting of delinquent tax lists.
§11A-2-14. Correction of delinquent lists by county commission; certification to Auditor; recordation.
§11A-2-15. Examination of lists by Auditor; credit to sheriff.
§11A-2-16. Effect of irregularity as to delinquent lists on later tax enforcement procedure.
§11A-2-17. Presumption of payment based on omission from delinquent lists.
§11A-2-18. Redemption before sale; record; lien.
§11A-2-19. Exception.
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W. Va. Code § 11A-3
West Virginia Code | §11A-3
Sunday, April 5, 2026
YouTube
West Virginia Code
Menu
Primary menu
WV Legislature Home Page
Enrolled Bills
Search
Search for:
CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
Article 2
All Articles
Article 4
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE AND UNAPPROPRIATED LANDS.
§11A-3-1. Declaration of legislative purpose and policy.
§11A-3-2. Second publication of list of delinquent real estate; notice.
§11A-3-3. Waiver of notice by person claiming lien.
§11A-3-4. Redemption after second publication and before certification to the Auditor.
§11A-3-5. Sale by sheriff; immunity; penalty; mandamus.
§11A-3-5a. Effective date of transfer of duties for delinquent land sales by sheriff from the county clerk to the State Auditor.
§11A-3-5b. Authorization for county clerk to perform duties for delinquent land sales by sheriff.
§11A-3-6. Purchase by sheriff, State Auditor, deputy commissioner and clerk of county commission prohibited; co-owner free to purchase at tax sale.
§11A-3-7. Suspension from same; amended delinquent lists; subsequent sale.
§11A-3-8. Certification of property to the Auditor.
§11A-3-9. Sheriff’s list of redemptions and certifications; oath.
§11A-3-10. Sheriff to account for proceeds; disposition of surplus.
§11A-3-11. Return of list certifications; redemptions.
§11A-3-12. Amendment of such list.
§11A-3-13. Publication by sheriff of certification list.
§11A-3-14. Purchase by individual at tax sale; certificate of sale.
§11A-3-15. Certificate of sale assignable.
§11A-3-16. Subsequent tax payments by purchaser.
§11A-3-17. Sale of subsequent tax liens.
§11A-3-18. Limitations on tax liens.
§11A-3-19. What purchaser must do before the deed can be secured.
§11A-3-20. Refund to purchaser of payment made at sheriff’s sale where property is subject of an erroneous assessment or is otherwise nonexistent.
§11A-3-21. Notice to redeem.
§11A-3-22. Service of notice.
§11A-3-23. Redemption from purchase; receipt; list of redemptions; lien; lien of person redeeming interest of another; record.
§11A-3-24. Notice of redemption from purchases; moneys received by sheriff.
§11A-3-25. Distribution of surplus to purchaser.
§11A-3-26. Certificate of redemption issued by State Auditor; recordation; disposition of redemption money.
§11A-3-27. Deed to purchaser; record.
§11A-3-28. Compelling service of notice or execution of deed.
§11A-3-29. One deed for adjoining pieces of real estate within the same tax district.
§11A-3-30. Title acquired by individual purchaser; action to quiet title
§11A-3-31. Effect of irregularity on title acquired by purchaser.
§11A-3-32. Sheriff to keep proceeds in separate accounts; disposition.
§11A-3-33. State commissioner of delinquent and nonentered lands.
§11A-3-34. Deputy commissioners of delinquent and nonentered lands; bond.
§11A-3-35. Land record in Auditor's office.
§11A-3-36. Operating fund for land department in Auditor’s office.
§11A-3-36a. Credit card approved form of payment in land department of Auditor's office.
§11A-3-37. Disposition of nonentered lands.
§11A-3-38. Redemption of nonentered or certified lands.
§11A-3-39. Certificate of redemption issued by Auditor; recordation.
§11A-3-40. Compulsory redemption at election of Auditor.
§11A-3-41. Auditor to report redemptions to county officers; disposition of redemption money; credit of state taxes to proper fund.
§11A-3-42. Lands subject to sale by Auditor.
§11A-3-43. Officers to report lands subject to sale.
§11A-3-44. Auditor to certify list of lands to be sold; lands so certified are subject to sale.
§11A-3-45. Auditor to hold annual auction.
§11A-3-45a. Certain parties barred from participating in public auctions.
§11A-3-46. Publication of notice of auction.
§11A-3-47. Redemption prior to sale.
§11A-3-48. Unsold lands subject to sale without auction or additional advertising.
§11A-3-48a. Certain parties barred from purchasing unsold lands.
§11A-3-49. Purchase by owner or deputy commissioner or other officers prohibited; coowner free to purchase at sale.
§11A-3-50. Receipt to purchaser for purchase price.
§11A-3-51. Deputy commissioner to report sales to Auditor; Auditor to approve sales.
§11A-3-52. Duties of purchaser to secure a deed.
§11A-3-53. Refund to purchaser of payment made at Auditor’s sale where property is nonexistent.
§11A-3-54. Notice to redeem.
§11A-3-55. Service of notice.
§11A-3-56. Redemption from purchase; receipt; list of redemptions; lien; lien of person redeeming interest of another; record.
§11A-3-57. Notice of redemption to purchaser; moneys received by sheriff.
§11A-3-58. Distribution to purchaser.
§11A-3-59. Deed to purchaser; record.
§11A-3-60. Compelling service of notice or execution of deed.
§11A-3-61. One deed for adjoining pieces of real estate within the same tax district.
§11A-3-62. Title acquired by individual purchaser.
§11A-3-63. Effect of irregularity on title acquired by purchaser.
§11A-3-64. Sheriff to receive proceeds of deputy commissioners' sales and redemptions from the deputy commissioner; disposition.
§11A-3-65. Right of former owner to surplus proceeds.
§11A-3-66. Compensation of Auditor.
§11A-3-67. Liability of officer failing to perform duty; penalty.
§11A-3-68. Disposition of lands heretofore purchased by or forfeited to state.
§11A-3-69. Effect of repeal.
§11A-3-70. Release of title to, and taxes on, lands on which all taxes paid for ten years.
§11A-3-71. Deeds of deputy commissioner conveying coal, oil, gas, timber and other natural resources.
§11A-3-72. Release of taxes and interest.
§11A-3-73. Release of taxes, interest and charges on land assessed by erroneous description, etc; misdescription, etc., not to result in forfeiture or subject land to the authority and control of the Auditor.
§11A-3-74. Severability.
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W. Va. Code § 16B-18
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 16B. INSPECTOR GENERAL.
Article 17
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Article 19
ARTICLE 18. WEST VIRGINIA FAIR HOUSING ACT.
§16B-18-1. Short title.
§16B-18-2. Declaration of policy.
§16B-18-3. Definitions.
§16B-18-3a. Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability.
§16B-18-4. Application of article.
§16B-18-5. Discrimination in sale or rental of housing and other prohibited practices.
§16B-18-6. Discrimination in residential real estate-related transactions.
§16B-18-7. Discrimination in provision of brokerage services.
§16B-18-8. Religious organization or private club exemption.
§16B-18-9. Administration; authority and responsibility; delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review; cooperation of the commission and executive departments and agencies to further fair housing purposes; functions of the commission.
§16B-18-10. Education and conciliation; conferences and consultations; reports.
§16B-18-11. Administrative enforcement; preliminary matters; complaints and answers; service; conciliation; injunctions; reasonable cause determinations; issuance of charge.
§16B-18-12. Subpoenas; giving of evidence; witness fees; enforcement of subpoenas.
§16B-18-13. Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees.
§16B-18-14. Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by Attorney General.
16B-18-15. Enforcement by Attorney General; pattern or practice cases; subpoena enforcement; remedies; intervention.
§16B-18-16. Interference, coercion, or intimidation; enforcement by civil action.
§16B-18-17. Cooperation with local agencies administering fairhousing laws; utilization of services and personnel; reimbursement; written agreements; publication instate register.
§16B-18-18. Effect on other laws.
§16B-18-19. Severability of provisions.
§16B-18-20. Rules to implement article.
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W. Va. Code § 17A-6
West Virginia Code | §17A-6
Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
Article 5
All Articles
Article 6A
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-1. Definitions.
§17A-6-1a. Unlawful to be an automobile broker; definition; criminal penalties.
§17A-6-1b. Dealers authorized to issue motor vehicle registration.
§17A-6-2. Legislative findings, declaration of public policy and dealer recovery fund.
§17A-6-2a. Dealer recovery fund created.
§17A-6-3. License certificate required; engaging in more than one business; established place of business required; civil penalties.
§17A-6-4. Application for license certificate; insurance; bonds; investigation; information confidential.
§17A-6-5. License certificate exemption.
§17A-6-5a. Reciprocity for out-of-state dealers; establishing violations of this section as misdemeanor offense; mandating that the commissioner propose or amend legislative rules.
§17A-6-6. Refusal or issuance of license certificate; license certificate not transferable.
§17A-6-7. When application to be made; expiration of license certificate; renewal.
§17A-6-8. Form and display of license certificate or certified copy thereof; obtaining certified copy of license certificate; bond.
§17A-6-9. Changes in business; action required; applications for and issuance of certificates; fees.
§17A-6-10. Fee required for license certificate; dealer special plates.
§17A-6-10a. Special plates for manufacturers and transporters; fee.
§17A-6-10b. Special plates for financial institutions; fee.
§17A-6-10c. Special demonstration plates for dealers in trailers, truck-tractors, road-tractors and trucks; application; fee.
§17A-6-10d. Special plates for nonprofit corporations engaged in research and development.
§17A-6-11. Expiration of special plates.
§17A-6-12. Operation of vehicles under special plates.
§17A-6-13. Use of special plates; records to be maintained by dealer.
§17A-6-14. Operation of motor vehicles by certain dealers under special permits.
§17A-6-15. Temporary registration plates or markers.
§17A-6-15a. Temporary registration plates for auto mechanics; fees.
§17A-6-16. Records must be kept and maintained.
§17A-6-17. Sales instrument; full disclosure required.
§17A-6-17a. Approved practices.
§17A-6-18. Investigation; matters confidential; grounds for suspending or revoking license or imposing fine; suspension and revocation generally.
§17A-6-18a. Motor Vehicle Dealers Advisory Board.
§17A-6-18b. Repealed. Acts, 2010 Reg. Sess., Ch. 32.
§17A-6-19. Notice of refusal, or suspension or revocation, of license certificate or of suspension of right to issue temporary registration plates or markers or of suspension of a dealer special plate or plates; relinquishing license certificate, dealer special plate or plates and temporary plates or markers.
§17A-6-20. Repealed. Acts, 1986 Reg. Sess., Ch. 153.
§17A-6-21. Repealed. Acts, 1986 Reg. Sess., Ch. 153.
§17A-6-22. Original action by board; matters confidential.
§17A-6-23. Judicial review.
§17A-6-24. Actions to enjoin violations; injunctive relief.
§17A-6-25. Inspections; violations and penalties.
§17A-6-25a. Civil penalties.
§17A-6-26. Construction.
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Copyright © 2026 West Virginia Code . These West Virginia Code sections are updated regularly as new legislation takes effect. For the effective date of an individual act of the WV Legislature and the Code sections affected by that act, please consult our Bill Status database .
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W. Va. Code § 30-40-1
§30-40-1. Legislative findings.
The Legislature hereby finds and declares that the practice of real estate brokerage is a privilege and any person engaged in the professional practice of real estate brokerage should possess the requisite experience and training and be subject to adequate regulation and control. As a matter of public policy, it is necessary to protect the public interest from the unauthorized, unqualified and unregulated practice of real estate brokerage through enactment of this article and to regulate the granting of such privileges and their use. This article shall be liberally construed to carry out these purposes.
Previous§30-39-21. Effective date. §30-40-1. Legislative findings. Next§30-40-2. Short title.
W. Va. Code § 30-40-11
§30-40-11. Application for license.
The commission shall only issue an original license to an applicant if he or she:
(a) Submits an application, in writing, on a form prescribed by the commission which shall contain, but is not limited to:
(1) The applicant’s Social Security number;
(2) A clear record indicating all jurisdictions where the applicant holds or has held any professional license;
(3) A clear record indicating if the applicant has been convicted of any criminal offense or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application;
(b) Is at least 18 years of age;
(c) Is a high school graduate or the holder of an equivalency diploma;
(d) Is trustworthy, of good moral character, and competent to transact the business of a broker, associate broker, or salesperson;
(e) Has paid the appropriate fee, if any, which shall accompany all applications for original license or renewal;
(f) Has submitted to a state and national criminal history record check, as set forth in this subsection: Provided, That an applicant for a license who is an attorney at law may submit a letter of good standing from the West Virginia State Bar in lieu of submitting to a state and national criminal history record check;
(1) This requirement is found not to be against public policy.
(2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(3) The applicant shall meet all requirements necessary to complete the state and national criminal history record check, including:
(A) Submitting fingerprints for the purposes set forth in this subsection; and
(B) Authorizing the commission, the West Virginia State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
(4) The results of the state and national criminal history record check may not be released to or by a private entity except:
(A) To the individual who is the subject of the criminal history record check;
(B) With the written authorization of the individual who is the subject of the criminal history record check; or
(C) Pursuant to a court order.
(5) The criminal history record check and related records are not public records for the purposes of chapter 29B of this code.
(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.
(7) Before implementing the provisions of this subsection, the commission shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code. The rules shall set forth the requirements and procedures for the criminal history record check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 42 U. S. C. A. §14611, et seq.
Previous§30-40-10. Civil liability for commission members; liability limitations of person reporting to commission. §30-40-11. Application for license. Next§30-40-12. Qualifications for broker's license.
W. Va. Code § 30-40-12
§30-40-12. Qualifications for broker's license.
(a) An applicant for a broker's license shall:
(1) Submit evidence satisfactory to the commission of either: (i) Real estate experience as a licensed real estate salesperson during the two years prior to the date of application showing the applicant's representation of a buyer or seller in a minimum of 20 closed transactions; if the applicant is engaged solely in the leasing or renting of real estate, representation of the landlord or tenant in a minimum of 20 closed transactions of at least one year in duration; or if the applicant is engaged solely in the management of a real estate brokerage company, active involvement in a minimum of 20 closed transactions; or (ii) regardless of the number of years as a licensed salesperson: a minimum of 40 closed transactions; if the applicant is engaged solely in the leasing or renting of real estate, representation of the landlord or tenant in a minimum of 40 closed transactions of at least one year duration; or if the applicant is engaged solely in the management of a real estate brokerage company, active involvement in a minimum of 40 closed transactions. For the purposes of this section, a "closed transaction" means a transaction that resulted in the real estate being conveyed from seller to buyer in which the applicant represented the seller, buyer, or both, or a transaction that resulted in the consummation of a lease of no less than one year in duration in which the applicant represented either the landlord or tenant of the real estate;
(2) Submit satisfactory evidence of having completed the required education course as provided for in §30-40-14 of this code; and
(3) Successfully pass the examination or examinations provided by the commission.
(b) No broker's license shall be issued in the name of an entity except through one of its members or officers.
(c) No broker's license may be issued in the name of an entity unless each member or officer who will engage in the real estate business, obtains a license as a real estate salesperson or associate broker.
Previous§30-40-11. Application for license. §30-40-12. Qualifications for broker's license. Next§30-40-13. Qualifications for salesperson’s license.
W. Va. Code § 30-40-13
§30-40-13. Qualifications for salesperson’s license.
(a) An applicant for a salesperson’s license shall:
(1) Submit satisfactory evidence of having completed the required education course as provided in §30-40-14 of this code; and
(2) Successfully pass the examination or examinations provided by the commission.
(b) No salesperson’s license may be issued in the name of an entity except through one of its members or officers.
(c) No salesperson’s license may be issued in the name of an entity unless each member or officer, who will engage in the real estate business, obtains a license as a real estate salesperson or associate broker.
Previous§30-40-12. Qualifications for broker's license. §30-40-13. Qualifications for salesperson’s license. Next§30-40-14. Prelicense education.
W. Va. Code § 30-40-14
§30-40-14. Prelicense education.
(a) Applicants for a broker’s license shall provide evidence satisfactory to the commission that he or she has completed at least 180 clock-hours, equivalent to 12 college semester credit hours, in a course or courses approved by the commission: Provided, That an applicant for a broker’s license who holds a salesperson’s license in this state shall be required to provide evidence that he or she has completed an additional 90 clock-hours, equivalent to six college semester hours, in a course or courses approved by the commission.
(b) Applicants for a salesperson’s license shall provide evidence satisfactory to the commission that he or she has completed 90 clock-hours, equivalent to six college semester credit hours, in a course or courses approved by the commission.
(c) Any course required by subsection (a) or (b) of this section shall have been completed during the three-year period preceding the date of application in order to be accepted by the commission.
Previous§30-40-13. Qualifications for salesperson’s license. §30-40-14. Prelicense education. Next§30-40-15. Licensing based on licensure in another jurisdiction.
W. Va. Code § 30-40-15
§30-40-15. Licensing based on licensure in another jurisdiction.
(a) The commission may recognize a valid license issued by another jurisdiction as satisfactorily qualifying an applicant who is licensed to practice real estate brokerage in another jurisdiction to obtain a comparable license in this state: Provided, That the applicant has qualified for license in another jurisdiction by examination and by complying with all the provisions for obtaining a license in that jurisdiction and the jurisdiction affords the same privilege to licensees of this state.
(b) In order to obtain a license in this state, an applicant under this section shall:
(1) Submit the application on a form prescribed by the commission and fee, if any;
(2) Pass the West Virginia state law portion of the licensure examination approved by the commission;
(3) Submit a certification of licensure showing that the applicant possesses an active license to practice real estate brokerage in another jurisdiction;
(4) Submit record(s) showing all disciplinary actions imposed against the applicant by any jurisdiction in which the applicant holds or held a license, if any; and
(5) For non-resident applicants, submit an irrevocable written designation that appoints the executive director of the commission to act as the non-resident licensee’s agent, upon whom all judicial and other process or legal notices directed to the licensee may be served. The designation shall stipulate and agree that service upon the executive director is equivalent to personal service upon the licensee. A copy of the designation of appointment, certified by the seal of the commission, may be admitted into evidence with the same force and affect as the original. The executive director shall mail a copy of any process or legal notice immediately upon receipt, by certified mail, to the last known business address of the licensee. No judgment by default may be taken in any action or proceeding until after 30 days of mailing and then only upon certification by the executive director that a copy of the judicial, other process or legal notice was mailed as required.
Previous§30-40-14. Prelicense education. §30-40-15. Licensing based on licensure in another jurisdiction. Next§30-40-16. Continuing professional education.
W. Va. Code § 30-40-16
§30-40-16. Continuing professional education.
(a) Every licensee shall complete seven hours of continuing professional education for each fiscal year, with each hour equaling 50 minutes of instruction. For brokers and associate brokers, three of the required seven hours shall be from the broker-level education curriculum approved by the commission.
(b) Upon application for the renewal of a real estate license on active status, each licensee shall furnish satisfactory evidence, as established by the commission, that he or she has completed seven hours of approved continuing professional education during the term of the previous license.
(c) When a licensee in an inactive status makes application to revert to an active status, he or she shall furnish satisfactory evidence to the commission that he or she has completed the approved continuing professional education that would have been required for active status at the time the license was renewed.
(d) Approval from the commission shall be obtained by each provider and instructor and for any course prior to any advertising or offering of the course.
(e) Real estate-related continuing education courses provided by or approved by the real estate appraiser licensing and certification board, the Division of Highways, the West Virginia State Bar, or other agency of this state shall be recognized as approved by the commission.
(f) If approved in advance by the commission, distance education courses may be used to satisfy the continuing education requirement.
(g) Any licensee holding a license on July 1, 1969, and continuously thereafter, shall be exempt from the continuing professional education requirement.
Previous§30-40-15. Licensing based on licensure in another jurisdiction. §30-40-16. Continuing professional education. Next§30-40-17. Place of business; branch offices; display of certificates; custody of license certificates; change of address; change of employer by a salesperson or associate broker; license certificates; term of license.
W. Va. Code § 30-40-17
§30-40-17. Place of business; branch offices; display of certificates; custody of license certificates; change of address; change of employer by a salesperson or associate broker; license certificates; term of license.
(a) Every person holding a broker’s license under the provisions of this article shall:
(1) Have and maintain a definite place of business within this state, which shall be a room or rooms used for the transaction of real estate business and any allied business. The definite place of business shall be designated in the license certificate issued by the commission and the broker may not transact business at any other location within this state, unless such other location is properly licensed by the commission as a branch office: Provided, That a nonresident broker who maintains a definite place of business in his or her jurisdiction of residence may not be required to maintain an office in this state;
(2) Conspicuously display his or her branch office license in each branch office;
(3) Make application to the commission before changing the address of any office or within 10 days after any change;
(4) Maintain in his or her custody and control the license of each associate broker and salesperson affiliated with him or her; and
(5) Promptly return the license of any associate broker or salesperson whose affiliation with the broker is terminated.
(b) Every person holding an associate broker’s or salesperson’s license under the provisions of this article shall:
(1) Conduct real estate brokerage activities only under the direct supervision and control of his or her affiliated broker, which shall be designated in the license certificate; and
(2) Promptly make application to the commission of any change of employing broker: Provided, That it shall be unlawful to perform any act contained in this article, either directly or indirectly, after affiliation has been terminated until the associate broker or salesperson has made application to the commission for a change of affiliated broker and the application is approved.
(c) The commission shall issue a license certificate which shall:
(1) Be in such form and size as shall be prescribed by the commission;
(2) Display the seal of the commission and shall contain such other information as the commission may prescribe: Provided, That a salesperson’s and an associate broker’s license shall show the name of the broker by whom he or she is affiliated;
(3) If an active licensee, be mailed or delivered to the broker’s main office address;
(4) If an inactive licensee, be held in the commission office; and
(5) Be valid for a period that coincides with the fiscal year beginning on July 1 and ending on June 30.
Previous§30-40-16. Continuing professional education. §30-40-17. Place of business; branch offices; display of certificates; custody of license certificates; change of address; change of employer by a salesperson or associate broker; license certificates; term of license. Next§30-40-18. Trust fund accounts.
W. Va. Code § 30-40-18
§30-40-18. Trust fund accounts.
(a) Every person licensed as a broker under the provisions of this article who does not immediately deliver all funds received, in relation to a real estate transaction, to his or her principal or to a neutral escrow depository shall maintain and reconcile one or more trust fund accounts in a recognized financial institution and shall place all funds therein: Provided, That nothing contained herein shall require a broker to maintain a trust fund account if the broker does not hold any money in trust for another party.
(b) Funds that shall be deposited into a trust fund account include, but are not limited to, earnest money deposits, security deposits, rental receipts, auction proceeds, and money held in escrow at closing.
(c) Each trust fund account shall be established at a financial institution which is insured against loss by an agency of the federal government and the amount deposited therein cannot exceed the amount that is insured against loss.
(d) Each trust fund account shall provide for the withdrawal of funds without notice.
(e) No trust fund account may earn interest or any other form of income, unless specifically authorized by commission rule.
(f) The broker may not commingle his or her own funds with trust funds and the account may not be pledged as collateral for a loan or otherwise utilized by the broker in a manner that would violate his or her fiduciary obligations in relation to the trust funds: Provided, That nothing contained herein prevents the broker from depositing a maximum of $100 of his or her own money in the trust fund account to maintain a minimum balance in the account.
(g) The broker shall be the designated trustee of the account and shall maintain complete authority and control over all aspects of each trust fund account, including signature authority: Provided, That only one other member or officer of a corporation, association, or partnership, who is licensed under the provisions of this article, may be authorized to disburse funds from the account: Provided, however, That if disbursements from a trust fund account require two signatures, one additional member or officer may be a signatory as provided in this section.
(h) The broker shall, at a minimum, maintain records of all funds deposited into the trust fund account, which shall clearly indicate the date and from whom the money was received, date deposited, date of withdrawal, to whom the money belongs, for whose account the money was received, and other pertinent information concerning the transaction. All records shall be open to inspection by the commission or its duly authorized representative at all times during regular business hours at the broker’s place of business.
(i) The broker shall cause the financial institution wherein a trust fund account is maintained to execute a statement, prepared by the commission, which shall include, but is not limited to:
(1) Exact title of the account as registered by the financial institution;
(2) The account number of the trust fund account;
(3) Identification of all persons authorized to make withdrawals from the account;
(4) Name and address of the financial institution;
(5) Title of the person executing the statement on behalf of the financial institution;
(6) Date the statement was executed; and
(7) Certification that the financial institution will notify the Real Estate Commission if any checks drawn against the account are returned for insufficient funds and that the financial institution does not require a minimum balance in excess of the amount authorized in subsection (f) of this section.
(j) The broker shall execute a statement authorizing the commission, or its duly authorized representative, to make periodic inspections of the trust fund account and to obtain copies of records from any financial institution wherein a trust fund account is maintained. A copy of any authorization shall be accepted by any financial institution with the same force and effect as the original.
(k) The broker shall notify the commission, within 10 days of the establishment of or any change to a trust fund account.
Previous§30-40-17. Place of business; branch offices; display of certificates; custody of license certificates; change of address; change of employer by a salesperson or associate broker; license certificates; term of license. §30-40-18. Trust fund accounts. Next§30-40-19. Refusal, suspension, or revocation of a license.
W. Va. Code § 30-40-19
§30-40-19. Refusal, suspension, or revocation of a license.
(a) The commission may refuse a license for reasonable cause or revoke, suspend, or impose any other sanction against a licensee if the licensee:
(1) Obtains, renews, or attempts to obtain or renew a license, for himself, herself, or another, through the submission of any application or other writing that contains false, fraudulent, or misleading information;
(2) Makes any substantial misrepresentation;
(3) Makes any false promises or representations of a character likely to influence, persuade, or induce a person involved in a real estate transaction;
(4) Pursues a course of misrepresentation or makes false promises or representations through agents or any medium of advertising or otherwise;
(5) Uses misleading or false advertising;
(6) Uses any trade name or insignia of membership in any organization in which the licensee is not a member;
(7) Acts for more than one party in a transaction without the knowledge and written consent of all parties for whom he or she acts;
(8) Fails, within a reasonable time, to account for or to remit moneys or other assets coming into his or her possession, which belong to others;
(9) Commingles moneys belonging to others with his or her own funds;
(10) Advertises or displays a "for sale", "for rent", or other such sign on any property without an agency relationship being established or without the owner’s knowledge and written consent;
(11) Advertises any property on terms other than those authorized by the owner;
(12) Fails to disclose, on the notice of agency relationship form promulgated by the commission, whether the licensee represents the seller, buyer, or both;
(13) Fails to voluntarily furnish copies of the notice of agency relationship, listing contract, sale contract, lease contract, or any other contract to each party executing the same;
(14) Pays or receives any rebate, profit, compensation, commission, or other valuable consideration, resulting from a real estate transaction, to or from any person other than the licensee’s principal: Provided, That this subsection may not be construed to prevent the sharing of compensation or other valuable consideration between licensed brokers;
(15) Induces any person to a contract to break the contract for the purpose of substituting a new contract with a third party;
(16) Accepts compensation as a salesperson or associate broker for any act specified in this article from any person other than his or her broker;
(17) Pays compensation to any person for acts or services performed either in violation of this article or the real estate licensure laws of any other jurisdiction;
(18) Pays compensation to any person knowing that they will pay a portion or all of that which is received, in a manner that would constitute a violation of this article if it were paid directly by a licensee of this state;
(19) Violates any provision of this article, any rule, or any order or final decision issued by the commission;
(20) Procures an attorney for any client or customer, or solicits legal business for any attorney-at-law;
(21) Engages in the unlawful or unauthorized practice of law as defined by the Supreme Court of Appeals of West Virginia;
(22) Commits or is a party to any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or other device whereby any other person relies upon the word, representation, or conduct of the licensee;
(23) Continues in the capacity of, or accepts the services of, any broker, associate broker, or salesperson who is not properly licensed;
(24) Fails to disclose any information within his or her knowledge or to produce any document, book, or record in his or her possession for inspection of and copying by the commission or its duly authorized representatives;
(25) Accepts payment other than cash or its equivalent as earnest money or other deposit unless this fact is disclosed in the contract to which the deposit relates;
(26) Accepts, takes, or charges any undisclosed compensation on expenditures made by or on behalf of the licensee’s principal;
(27) Discriminates against any person involved in a real estate transaction which is in violation of any federal or state anti-discrimination law, including any fair housing law;
(28) Fails to preserve for five years following its consummation, records relating to any real estate transaction;
(29) Fails to maintain accurate records on the broker’s trust fund account;
(30) If a broker, fails to supervise all associate brokers and salespersons affiliated with him or her;
(31) Breaches a fiduciary duty owed by a licensee to his or her principal in a real estate transaction;
(32) Directs any party to a real estate transaction in which the licensee is involved, to any lending institution for financing or to any affiliated business with the expectation of receiving a financial incentive, rebate, or other compensation, without first obtaining from his or her principal the signed acknowledgment of and consent to the receipt of the financial incentive, rebate, or other compensation: Provided, That this subsection may not be construed to prevent the sharing of compensation or other valuable consideration between licensed brokers;
(33) Represents to any lending institution, or other interested party either verbally or through the preparation of false documents, an amount in excess of the true and actual sale price of the real estate or terms differing from those actually agreed upon;
(34) Fails to disclose to an owner the licensee’s true position if he or she directly or indirectly through a third party, purchases for himself or herself or acquires or intends to acquire any interest in or any option to purchase the property;
(35) Lends a broker’s license to any person, including a salesperson, or permits a salesperson to operate as a broker;
(36) Has been convicted in a court of competent jurisdiction in this or any other jurisdiction of forgery, embezzlement, obtaining money under false pretense, bribery, larceny, extortion, conspiracy to defraud, any other similar offense, a crime involving moral turpitude, or a felony;
(37) Engages in any act or conduct which constitutes or demonstrates bad faith, incompetency, untrustworthiness, or dishonest, fraudulent, or improper dealing;
(38) Induces any person to alter, modify, or change another licensee’s fee or commission for brokerage services, without that licensee’s prior written consent;
(39) Negotiates a real estate transaction directly with any person that is represented exclusively by another broker, unless the conduct is specifically authorized by the other broker;
(40) Obtains, negotiates, or attempts to obtain or negotiate a contract whereby the broker is entitled to a commission only to the extent that the sales price exceeds a given amount, commonly referred to as a net listing;
(41) Fails or refuses, on demand, to furnish copies of a document to a person whose signature is affixed to the document;
(42) In the case of an associate broker or salesperson, represents or attempts to represent a broker other than his or her employing broker;
(43) Fails to reduce a bona fide offer to writing;
(44) Guarantees, or authorizes or permits another licensee to guarantee, future profits which may result from a real estate transaction;
(45) Is disciplined by another jurisdiction if at least one of the grounds for that discipline is the same as or equivalent to one of the grounds for discipline in this article; or
(46) Engages in any other act or omission in violation of professional conduct requirements of licensees established by legislative rule of the commission.
(b) The provisions of this section shall be liberally construed in order to carry out the objectives and purposes of this article.
(c) As used in this section:
(1) The words "convicted in a court of competent jurisdiction" mean a plea of guilty or nolo contendere entered by a person or a verdict of guilt returned against a person at the conclusion of a trial;
(2) A certified copy of a conviction order entered in a court is sufficient evidence to demonstrate a person has been convicted in a court of competent jurisdiction.
(d) Every person licensed by the commission has an affirmative duty to report, in a timely manner, any known or observed violation of this article or the rules, orders, or final decisions of the commission.
(e) The revocation of a broker’s license shall automatically suspend the license of every associate broker and salesperson affiliated with the broker: Provided, That the commission shall issue a replacement license for any licensee so affected to a new broker, without charge, if a proper application is submitted to the commission during the same license term.
Previous§30-40-18. Trust fund accounts. §30-40-19. Refusal, suspension, or revocation of a license. Next§30-40-20. Complaints; investigation.
W. Va. Code § 30-40-22
§30-40-22. Criminal penalties for violations.
(a) In addition to the sanctions imposed by the commission pursuant to this article, any person violating a provision of this article or the commission’s rules is guilty of a misdemeanor. Any person convicted of a first violation shall be fined not less than $1,000 nor more than $2,000, or confined in jail not more than 90 days, or both fined and confined;
(b) Any person convicted of a second or subsequent violation shall be fined not less than $2,000 nor more than $5,000, or confined in jail for a term not to exceed one year, or both fined and confined;
(c) Any corporation, association, or partnership convicted of a first violation of this article or the commission’s rules, shall be fined not less than $2,000 nor more than $5,000;
(d) Any corporation, association, or partnership convicted of a second or subsequent violation, shall be fined not less than $5,000 nor more than $10,000;
(e) Any officer, member, employee, or agent of a corporation, association, or partnership, shall be subject to the penalties herein prescribed for individuals;
(f) Each day a violation of this article continues constitutes a separate offense;
(g) In addition to the penalties herein provided, if any person receives compensation for acts or services performed in violation of this article, he or she shall also be subject to a penalty of not less than the value of the compensation received nor more than three times the value of the compensation received, as may be determined by a court of competent jurisdiction. Any penalty may be recovered by a person aggrieved as a result of a violation of this article;
(h) The penalties provided in this section do not apply to a violation of the duties or obligations of a financial institution under the certification required by §30-40-18(j)(7) of this code by a financial institution providing trust fund account services to a broker.
Previous§30-40-21. Hearings; judicial review; cost of proceedings. §30-40-22. Criminal penalties for violations. Next§30-40-23. Single act evidence of practice.
W. Va. Code § 30-40-23
§30-40-23. Single act evidence of practice.
One act by any person in consideration of receiving compensation, or with the expectation or intention of receiving such compensation, or upon the promise of receiving compensation for any act or service contained in this article shall constitute and consider the person a broker, associate broker or salesperson subject to the provisions of this article.
Previous§30-40-22. Criminal penalties for violations. §30-40-23. Single act evidence of practice. Next§30-40-24. Injunctions; criminal proceedings.
W. Va. Code § 30-40-25
§30-40-25. Collection of compensation.
No person may bring or maintain any action in any court of this state for the recovery of compensation for the performance of any act or service for which a broker’s license is required, without alleging and proving that he or she was the holder of a valid broker’s license at all times during the performance or rendering of any act or service: Provided, That an associate broker or salesperson may institute suit in his or her own name for the recovery of compensation from his or her affiliated broker for acts or services performed while affiliated with the broker.
Previous§30-40-24. Injunctions; criminal proceedings. §30-40-25. Collection of compensation. Next§30-40-26. Duties of licensees.
W. Va. Code § 30-40-26
§30-40-26. Duties of licensees.
Every broker, associate broker, and salesperson owes certain inherent duties to the consumer which are required by virtue of the commission granting a license under this article. The duties include, but are not limited to:
(a) At the time of securing any contract whereby the broker is obligated to represent a principal to a real estate transaction, every licensee shall supply a true legible copy of the contract to each person signing the contract.
(b) Any contract in which a broker is obligated to represent a principal to a real estate transaction shall contain a definite expiration date, and no provision may be included in any contract whereby the principal is required to notify the broker of his or her intention to cancel the contract after the definite expiration date.
(c) No provision may be inserted in any contract for representation that would obligate the person signing the contract to pay a fee, commission, or other valuable consideration to the broker, after the contract’s expiration date, if the person subsequently enters into a contract for representation with a different broker.
(d) Every licensee shall disclose in writing, on the notice of agency relationship form promulgated by the commission, whether the licensee represents the seller, the buyer, the seller and the buyer, the landlord, the tenant, or the landlord and the tenant. The disclosure shall be made prior to any person signing any contract for representation by a licensee or a contract for the sale or purchase of real estate.
(e) Every licensee shall promptly deliver to his or her principal, every written offer received.
(f) Every licensee shall make certain that all the terms and conditions of a real estate transaction are contained in any contract prepared by the licensee.
(g) At the time of securing the signature of any party to a contract, the licensee shall deliver a true copy of the contract to the person whose signature was obtained.
(h) Upon the final acceptance or ratification of any contract, the licensee shall promptly deliver a true copy to each party that has signed the contract.
Previous§30-40-25. Collection of compensation. §30-40-26. Duties of licensees. Next§30-40-27. Duration of existing licenses.
W. Va. Code § 30-40-3
§30-40-3. License required.
It is unlawful for any person to engage in directly or indirectly, or to advertise or hold himself or herself out as engaging in or carrying on the business or act in the capacity of a real estate broker, associate broker, or salesperson within this state without first obtaining a license as provided for in this article. Prior to practicing real estate brokerage in this state, a license shall be obtained from the commission even if the person or entity is licensed in another state and is affiliated or otherwise associated with a licensed real estate broker in this state.
Previous§30-40-2. Short title. §30-40-3. License required. Next§30-40-4. Definitions.
W. Va. Code § 30-40-4
§30-40-4. Definitions.
Unless the context used clearly requires a different meaning, as used in this article:
"Applicant" means any person who is making application to the commission for a license.
"Associate broker" means any person who qualifies for a broker’s license, but who is employed or engaged by a licensed broker to engage in any activity regulated by this article, in the name of and under the direct supervision of the licensed broker.
"Broker" means any person who for compensation or with the intention or expectation of receiving or collecting compensation:
(1) Lists, sells, purchases, exchanges, options, rents, manages, leases, or auctions any interest in real estate; or
(2) Directs or assists in the procuring of a prospect calculated or intended to result in a real estate transaction; or
(3) Advertises or holds himself or herself out as engaged in, negotiates, or attempts to negotiate, or offers to engage in any activity enumerated in subdivision (1) of this subsection.
"Cancelled" means a license that was not renewed by December 31 of the year in which license expired;
"Commission" means the West Virginia Real Estate Commission as established §30-40-6 of this code.
"Compensation" means fee, commission, salary, or other valuable consideration, in the form of money or otherwise.
"Designated broker" means a person holding a broker's license who has been appointed by a partnership, association, corporation, or other form of business organization engaged in the real estate brokerage business, to be responsible for the acts of the business and to whom the partners, members, or board of directors have delegated full authority to conduct the real estate brokerage activities of the business organization.
"Distance education" means courses of asynchronous instruction in which instruction takes place through media where the teacher and student are separated by time.
"Entity" means a business, company, corporation, limited liability company, association, or partnership.
"Expired" means a license that was not renewed by July 1.
"Inactive" means a licensee who is not authorized to conduct any real estate business and is not required to comply with any continuing education requirements.
"License" means a license to act as a broker, associate broker, or salesperson.
"Licensee" means a person holding a license.
"Member" means a commissioner of the Real Estate Commission.
"Principal" means a person or entity that authorizes a licensee to act on his, her, or its behalf.
"Property management" means the overseeing and management of commercial and residential real estate properties. This includes taking care of all of the daily operations for a property which may include, but is not limited to, collecting rent, collecting or holding security deposits on behalf of the property owner, handling maintenance, paying vendors for repairs, and fielding tenant complaints. The amount of responsibilities the property manager has depends on their contract with the owner of the property.
"Real estate" means any interest or estate in land, and anything permanently affixed to land.
"Salesperson" means a person employed or engaged by or on behalf of a broker to do or deal in any activity included in this article, in the name of and under the direct supervision of a broker, other than an associate broker: Provided, That for the purposes of receiving compensation, a salesperson may designate an entity to receive any compensation payable to the salesperson, including, but not limited to, a limited liability corporation or an S-corporation.
"Team" means any group of two or more associate brokers and/or salespersons, and other non-licensed professionals, affiliated with the same broker or company acting as one agent representative for the principal.
Previous§30-40-3. License required. §30-40-4. Definitions. Next§30-40-5. Scope of practice; exceptions.
W. Va. Code § 30-40-5
§30-40-5. Scope of practice; exceptions.
(a) The practice of real estate brokerage includes acting in the capacity of a broker, associate broker, or salesperson as defined in §30-40-4 of this code.
(b) The practice of real estate brokerage does not include the activities normally performed by an appraiser, mortgage company, lawyer, engineer, contractor, surveyor, home inspector, or other professional who may perform an ancillary service in conjunction with a real estate transaction.
(c) The provisions of this article do not apply to:
(1) Any person acting on his or her own behalf as owner or lessor of real estate.
(2) The regular employees of an owner of real estate, who perform any acts regulated by this article, where the acts are incidental to the management of the real estate: Provided, That the employee does not receive additional compensation for the act and does not perform the act as a vocation.
(3) Attorneys-at-law: Provided, That attorneys-at-law shall be required to submit to the written examination required under §30-40-12 of this code in order to qualify for a broker’s license: Provided, however, That an attorney-at-law who is licensed as a real estate broker prior to July 1, 1980, is exempt from the written examination required under §30-40-12 of this code.
(4) Any person holding, in good faith, a valid power of attorney from the owner or lessor of the real estate.
(5) Any person acting as a receiver, trustee, administrator, executor, guardian, conservator, or under the order of any court or under the authority of a deed of trust or will.
(6) A public officer while performing his or her official duties.
(7) Any person acquiring or disposing of any interest in timber or minerals, or acquiring or disposing of properties for easements and rights of way.
(8) Any person employed exclusively to act as the management or rental agent for the real estate of one person or entity.
(9) Any person properly licensed pursuant to the provisions of §19-2C-1 et seq. of this code when conducting an auction, any portion of which contains any leasehold or estate in real estate, only when the person so licensed is retained to conduct an auction by:
(A) A receiver or trustee in bankruptcy;
(B) A fiduciary acting under the authority of a deed of trust or will; or
(C) A fiduciary of a decedent’s estate.
(10) Any person employed by a broker in a noncommissioned secretarial or clerical capacity who may in the normal course of employment, be required to:
(A) Disseminate brokerage preprinted and predetermined real estate sales and rental information;
(B) Accept and process rental reservations or bookings for a period not to exceed 30 consecutive days in a manner and procedure predetermined by the broker;
(C) Collect predetermined rental fees for the rentals which are to be promptly tendered to the broker;
(D) Make appointments on behalf of the broker or licensed salesperson with buyers and sellers of real estate and potential buyers and sellers of real estate; or
(E) Any combination thereof.
Previous§30-40-4. Definitions. §30-40-5. Scope of practice; exceptions. Next§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization.
W. Va. Code § 30-40-6
§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization.
(a) The West Virginia Real Estate Commission is hereby continued. The members of the commission in office on the date this section takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b)(1) Commencing with the terms beginning with July 1, 2002, the commission shall consist of five persons appointed for terms of four years by the Governor with the advice and consent of the Senate. Four commissioners must be licensed under the provisions of this article and one commissioner must be a citizen member who is not licensed under the provisions of this article.
(2) Each licensed commissioner, at the time of his or her appointment, must have been licensed and practiced in this state as a real estate broker, associate broker or salesperson as his or her primary vocation for a period of not less than ten years immediately preceding the appointment. Each commissioner must have been a resident of this state for at least six years prior to his or her appointment and must remain a resident during the appointment term. No more than four commissioners shall belong to the same political party.
(3) The appointment of three licensed commissioners, whether for a full term or to fill a vacancy, shall be made by the Governor with the advice and consent of the Senate. The appointment of one licensed commissioner, whether for a full term or to fill a vacancy, shall be made by the Governor from among three nominees selected by the West Virginia association of realtors. If the appointment is for a full term, the nominations must be submitted to the Governor not later than three months prior to the date on which the appointment becomes effective. If the appointment is to fill a vacancy, the nominations must be submitted to the Governor within thirty days after a request for the nominations has been made by the Governor to the West Virginia association of realtors. If the association fails to submit nominations in accordance with the requirements of this section, the Governor may make the appointment without the nominations.
(c) Any commissioner immediately and automatically forfeits his or her membership on the commission if he or she has his or her license to practice as a real estate broker, associate broker or salesperson suspended or revoked by the board, is convicted of a felony under the laws of this state or of the United States, becomes a nonresident of this state, or holds any elective public office or becomes a member of any political committee.
(d) No member of the commission may be removed from office by the Governor except for official misconduct, incompetency, neglect of duty, gross immorality or other good cause, but then only in the manner prescribed by law for the removal by the Governor of state elective officials.
(e) No member of the commission may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member shall continue to serve until his or her successor has been appointed and qualified.
(f) The Governor shall designate one member of the commission as chairman and the members shall choose a vice chairman and a secretary, each of whom shall continue to serve in their respective capacity until replaced.
(g) Three members shall constitute a quorum for the conduct of official business.
(h) Each commissioner shall receive the same compensation as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. Each commissioner shall be reimbursed for his or her actual and necessary expenses for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the travel management office of the Department of Administration.
Previous§30-40-5. Scope of practice; exceptions. §30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization. Next§30-40-7. General powers and duties.
W. Va. Code § 30-40-7
§30-40-7. General powers and duties.
The commission has all the powers set forth in article one of this chapter and in addition:
(a) May sue and be sued in its official name as an agency of this state;
(b) Shall employ an executive director and shall fix his or her compensation subject to the general laws of this state. The commission shall determine the duties of the executive director as it shall consider necessary and appropriate to discharge the duties imposed by the provisions of this code;
(c) Shall employ or contract with such other investigators, hearing examiners, attorneys, consultants, clerks and assistants as the commission considers necessary and determine the duties and fix the compensation of such investigators, clerks and assistants subject to the general laws of this state;
(d) Shall have the authority to issue subpoenas and subpoenas duces tecum through any member, its executive director or any duly authorized representative;
(e) Shall prescribe, examine and determine the qualifications of any applicant for a license;
(f) Shall provide for an appropriate examination of any applicant for a license;
(g) May enter into agreements with other jurisdictions whereby the license issued by another jurisdiction may be recognized as successfully qualifying a nonresident for a license in this state;
(h) Shall issue, renew, deny, suspend, revoke or reinstate licenses and take disciplinary action against any licensee;
(i) May investigate or cause to be investigated alleged violations of the provisions of this article, the rules promulgated hereunder and the orders or final decisions of the commission;
(j) Shall conduct hearings or cause hearings to be conducted upon charges calling for the discipline of a licensee or for the suspension or revocation of a license;
(k) May examine the books and records relating to the real estate business of a licensee if the licensee is charged in a complaint of any violation of this article, commission rule or any order or final decision issued by the commission: Provided, That such examination shall not extend beyond the specific violation charged in the complaint;
(l) May impose one or more sanctions as considered appropriate in the circumstances for the discipline of a licensee. Available sanctions include, but are not limited to, denial of a license or renewal thereof, administrative fine not to exceed $1,000 per day per violation, probation, revocation, suspension, restitution, require additional education, censure, denial of future license, downgrade of license, reprimand or order the return of compensation collected from an injured consumer;
(m) Shall meet at least once each calendar year at such place and time as the commission shall designate and at such other times and places as it considers necessary to conduct commission business;
(n) Shall publish an annual directory of licensees in compliance with the provisions of section thirteen, article one, chapter thirty of this code;
(o) May sponsor real estate-related educational seminars, courses, workshops or institutes, may incur and pay the necessary expenses and may charge a fee for attendance;
(p) May assist libraries, institutions and foundations with financial aid or otherwise in providing texts, sponsoring studies, surveys and programs;
(q) May perform compliance audits on real estate brokerage offices, education providers or any other person regulated by the commission;
(r) May provide distance education courses for applicants for a license sufficient to meet the educational requirements contained in subsections (a) and (b), section fourteen of this article; and
(s) Shall take all other actions necessary and proper to effectuate the purposes of this article.
Previous§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization. §30-40-7. General powers and duties. Next§30-40-8. Rule-making authority.
W. Va. Code § 30-40-8
§30-40-8. Rule-making authority.
(a) The commission may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which are necessary for the conduct of its business, the holding of hearings and for the general implementation, enforcement and administration of the provisions of this article, including, but not limited to, establishing, administering and governing the following:
(1) Fees for applications, examinations, licenses, renewal of licenses, changes to licenses requiring reissuance, courses, investigations, copies of records, license certifications and other fees considered necessary by the commission, none of which shall be prorated or refundable: Provided, That the fee schedule in effect prior to enactment of this article, enumerated in section nine, article twelve, chapter forty-seven of this code, shall continue to be effective until withdrawn, revoked or amended;
(2) The minimum requirements and qualifications necessary for approval by the commission of providers, instructors and the course content of any prelicense education course required in section fourteen of this article;
(3) The experience required of an applicant;
(4) The minimum standards for licensure;
(5) The standards for examinations;
(6) The minimum requirements and qualifications necessary for approval by the commission of providers, instructors and courses of continuing professional education required by section sixteen of this article;
(7) Continuing professional education requirements for licensees, including any exemptions;
(8) Renewal of licenses;
(9) Use of firm or trade name;
(10) Denying, suspending, revoking or reinstating a license;
(11) Form and use of contracts used in a real estate transaction;
(12) Notification required to clients or customers of agency relationship;
(13) Professional conduct requirements; and
(14) Any other purpose to carry out the requirements of this article or to protect the public interest.
(b) All rules in effect as of the passage of this article previously promulgated by the commission pursuant to article twelve, chapter forty-seven of this code will remain in effect until amended, modified, repealed or replaced, except that references to provisions of former enactments of this article are interpreted to mean provisions of this article.
Previous§30-40-7. General powers and duties. §30-40-8. Rule-making authority. Next§30-40-9. Fees; special revenue account; administrative fines.
W. Va. Code § 30-40-9
§30-40-9. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines, received by the commission shall be deposited into the treasury of the state, daily, into a special revenue fund known as the "real estate license fund" which is continued.
(b) Except as may be provided in §30-40-10 of this code, the commission shall retain the amounts in the special revenue fund from year to year and no funds collected under this article may be used by the commission for any purpose other than the administration and enforcement of this article. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(c) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
Previous§30-40-8. Rule-making authority. §30-40-9. Fees; special revenue account; administrative fines. Next§30-40-10. Civil liability for commission members; liability limitations of person reporting to commission.
W. Va. Code § 30-41-2
§30-41-2. Authority to execute compact.
The West Virginia Board of Physical Therapy, on behalf of the State of West Virginia, is hereby authorized to execute a compact in substantially the following form with any one or more of the states of the United States, and the Legislature hereby signifies in advance its approval and ratification of such compact:
“PHYSICAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
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Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
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Enhance the states’ ability to protect the public’s health and safety;
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Encourage the cooperation of member states in regulating multi-state physical therapy practice;
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Support spouses of relocating military members;
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Enhance the exchange of licensure, investigative, and disciplinary information between member states; and
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Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
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‘Active duty military’ means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.
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‘Adverse action’ means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
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‘Alternative program’ means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
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‘Compact privilege’ means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
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‘Continuing competence’ means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
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‘Data system’ means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
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‘Encumbered license’ means a license that a physical therapy licensing board has limited in any way.
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‘Executive Board’ means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
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‘Home state’ means the member state that is the licensee’s primary state of residence.
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‘Investigative information’ means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
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‘Jurisprudence requirement’ means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.
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‘Licensee’ means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
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‘Member state’ means a state that has enacted the Compact.
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‘Party state’ means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
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‘Physical therapist’ means an individual who is licensed by a state to practice physical therapy.
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‘Physical therapist assistant’ means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
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‘Physical therapy,’ ‘physical therapy practice,’ and ‘the practice of physical therapy’ mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
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‘Physical Therapy Compact Commission’ or ‘Commission’ means the national administrative body whose membership consists of all states that have enacted the Compact.
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‘Physical therapy licensing board’ or ‘licensing board’ means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
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‘Remote state’ means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
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‘Rule’ means a regulation, principle, or directive promulgated by the Commission that has the force of law.
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‘State’ means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
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Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;
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Have a mechanism in place for receiving and investigating complaints about licensees;
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Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
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Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3B;
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Comply with the rules of the Commission;
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Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
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Have continuing competence requirements as a condition for license renewal.
B. Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and to submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
C. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
D. Member states may charge a fee for granting a compact privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:
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Hold a license in the home state;
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Have no encumbrance on any state license;
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Be eligible for a compact privilege in any member state in accordance with Section 4D, G and H;
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Have not had any adverse action against any license or compact privilege within the previous 2 years;
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Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);
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Pay any applicable fees, including any state fee, for the compact privilege;
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Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and
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Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
B. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4A to maintain the compact privilege in the remote state.
C. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
D. A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
E. If a home-state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
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The home state license is no longer encumbered; and
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Two years have elapsed from the date of the adverse action.
F. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
G. If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
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The specific period of time for which the compact privilege was removed has ended;
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All fines have been paid; and
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Two years have elapsed from the date of the adverse action.
H. Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.
SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the PCS state or home of record.
SECTION 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse action against a license issued by the home state.
B. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
C. Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
D. Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
E. A remote state shall have the authority to:
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Take adverse actions as set forth in Section 4D against a licensee’s compact privilege in the state;
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Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
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If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
F. Joint Investigations:
-
In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
-
Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION.
A. The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:
-
The Commission is an instrumentality of the Compact states.
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Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
-
Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting, and Meetings:
-
Each member state shall have and be limited to one delegate selected by that member state’s licensing board.
-
The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.
-
Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
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The member state board shall fill any vacancy occurring in the Commission.
-
Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
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A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.
-
The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
C. The Commission shall have the following powers and duties:
-
Establish the fiscal year of the Commission;
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Establish bylaws;
-
Maintain its financial records in accordance with the bylaws;
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Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
-
Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
-
Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
-
Purchase and maintain insurance and bonds;
-
Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
-
Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
-
Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
-
Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
-
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
-
Establish a budget and make expenditures;
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Borrow money;
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Appoint committees, including standing committees comprising of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
-
Provide and receive information from, and cooperate with, law-enforcement agencies;
-
Establish and elect an Executive Board; and
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Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact:
- The Executive Board shall be comprised of nine members:
a. Seven voting members who are elected by the Commission from the current membership of the Commission;
b. One ex-officio, nonvoting member from a recognized national physical therapy professional association; and
c. One ex-officio, nonvoting member from a recognized membership organization of the physical therapy licensing boards.
-
The ex-officio members will be selected by their respective organizations.
-
The Commission may remove any member of the Executive Board as provided in bylaws.
-
The Executive Board shall meet at least annually.
-
The Executive Board shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
E. Meetings of the Commission:
-
All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.
-
The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
a. Non-compliance of a member state with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees, or other matters related to the Commission’s internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law- enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state statute.
-
If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
-
The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
F. Financing of the Commission:
-
The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
-
The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
-
The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
-
The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
-
The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification:
-
The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
-
The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.
-
The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
-
Identifying information;
-
Licensure data;
-
Adverse actions against a license or compact privilege;
-
Non-confidential information related to alternative program participation;
-
Any denial of application for licensure, and the reason(s) for such denial; and
-
Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state will only be available to other party states.
D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute, resolution, or refusal to adopt the rules as promulgated by the state licensing authority, in the same manner used to adopt the Compact, within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
-
On the website of the Commission or other publicly accessible platform; and
-
On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
-
The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
-
The text of the proposed rule or amendment and the reason for the proposed rule;
-
A request for comments on the proposed rule from any interested person; and
-
The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
-
At least 25 persons;
-
A state or federal governmental subdivision or agency; or
-
An association having at least 25 members.
H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing:
-
All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing no fewer than five business days before the scheduled date of the hearing.
-
Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
-
All hearings will be recorded. A copy of the recording will be made available on request.
-
Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
-
Meet an imminent threat to public health, safety, or welfare;
-
Prevent a loss of Commission or member state funds;
-
Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
-
Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight:
-
The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law subject to the limitations set forth herein.
-
All courts shall take judicial notice of the Compact and the rules, if approved by the Legislature, in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.
-
The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
B. Default, Technical Assistance, and Termination:
- If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
-
If a state in default fails to cure the default, the defaulting state may be terminated from, the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
-
Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.
-
A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
-
The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
-
The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
C. Dispute Resolution:
-
Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.
-
The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
D. Enforcement:
-
The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.
-
By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default, in order to enforce compliance with the provisions of the Compact, its promulgated rules, and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys’ fees.
-
The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE; ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute repealing the same:
-
A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
-
Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 12. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.”
Previous§30-41-1. Short title. §30-41-2. Authority to execute compact. Next§30-41-3. Effective date.
W. Va. Code § 30-42-3
§30-42-3. Definitions.
(a) “Basic universal design” means the design of products and environments to be useable by all people, to the greatest extent possible, without the need for adaptation or specialization.
(b) “Board” means the West Virginia Contractor Licensing Board.
(c) “Cease and desist order” means an order issued by the board pursuant to the provisions of this article.
(d) “Contractor” means a person who in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, structure, or excavation associated with a project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work.
Contractor includes a construction manager who performs management and counseling services for a construction project for a professional fee.
Contractor does not include:
(1) One who merely furnishes materials or supplies without fabricating or consuming them in the construction project;
(2) A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes;
(3) A person who is licensed or registered as a professional and who functions under the control of any other licensing or regulatory board, whose primary business is real estate sales, appraisal, development, management, and maintenance, who acting in his or her respective professional capacity and any employee of the professional, acting in the course of his or her employment, performs any work which may be considered to be performing contracting work;
(4) A pest control operator licensed under the provisions of §19-16A-7 of this code to engage in the application of pesticides for hire, unless the operator also performs structural repairs exceeding $1,000 on property treated for insect pests;
(5) A corporation, partnership, or sole proprietorship whose primary purpose is to prepare construction plans and specifications used by the contractors defined in this subsection and who employs full-time a registered architect licensed to practice in this state or a registered professional engineer licensed to practice in this state. Employees of the corporation, partnership or sole proprietorship shall also be exempt from the requirements of this article; or
(6) A person who performs landscaping or painting services for commercial or residential customers.
(e) “Electrical contractor” means a person who engages in the business of contracting to install, erect, repair, or alter electrical equipment for the generation, transmission, or utilization of electrical energy.
(f) “General building contractor” means a person whose principal business is in connection with any structures built, being built, or to be built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in the construction the use of more than two contractor classifications, or a person who supervises the whole, or any part, of the construction.
(g) “General engineering contractor” means a person whose principal business is in connection with public or private works projects, including, but not limited to, one or more of the following: Irrigation, drainage, and water supply projects; electrical generation projects; swimming pools; flood control; harbors; railroads; highways; tunnels; airports and airways; sewers and sewage disposal systems; bridges; inland waterways; pipelines for transmission of petroleum and other liquid or gaseous substances; refineries; chemical plants and other industrial plants requiring a specialized engineering knowledge and skill; piers and foundations; and structures or work incidental thereto.
(h) “Heating, ventilating and cooling contractor” means a person who engages in the business of contracting to install, erect, repair, service, or alter heating, ventilating and air conditioning equipment or systems to heat, cool, or ventilate residential and commercial structures.
(i) “License” means a license to engage in business in this state as a contractor in one of the classifications set out in this article.
(j) “Multifamily contractor” means a person who is engaged in construction, repair, or improvement of a multifamily residential structure.
(k) “Person” includes an individual, firm, sole proprietorship, partnership, corporation, association, or other entity engaged in the undertaking of construction projects or any combination thereof.
(l) “Piping contractor” means a person whose principal business is the installation of process, power plant, air, oil, gasoline, chemical, or other kinds of piping; and boilers and pressure vessels using joining methods of thread, weld, solvent weld, or mechanical methods.
(m) “Plumbing contractor” means a person whose principal business is the installation, maintenance, extension, and alteration of piping, plumbing fixtures, plumbing appliances and plumbing appurtenances, venting systems and public or private water supply systems within or adjacent to any building or structure; included in this definition is installation of gas piping, chilled water piping in connection with refrigeration processes and comfort cooling, hot water piping in connection with building heating and piping for stand pipes.
(n) “Residential contractor” means a person whose principal business is in connection with construction, repair, or improvement of real property used as, or intended to be used for, residential occupancy.
(o) “Specialty contractor” means a person who engages in specialty contracting services which do not substantially fall within the scope of any contractor classification as set out herein.
(p) “Residential occupancy” means occupancy of a structure for residential purposes for periods greater than 30 consecutive calendar days.
(q) “Residential structure” means a building or structure used or intended to be used for residential occupancy, together with related facilities appurtenant to the premises as an adjunct of residential occupancy, which contains not more than three distinct floors which are above grade in any structural unit regardless of whether the building or structure is designed and constructed for one or more living units. Dormitories, hotels, motels, or other transient lodging units are not residential structures.
(r) “Subcontractor” means a person who performs a portion of a project undertaken by a principal or general contractor or another subcontractor.
Previous§30-42-2. Policy declared. §30-42-3. Definitions. Next§30-42-4. West Virginia Contractor Licensing Board created; members; appointment; terms; vacancies; qualifications; quorum.
W. Va. Code § 31B-9
West Virginia Code | §31B-9
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
Article 8
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Article 10
ARTICLE 9. CONVERSIONS AND MERGERS.
§31B-9-901. Definitions.
§31B-9-902. Conversion of partnership or limited partnership to limited liability company.
§31B-9-903. Effect of conversion; entity unchanged.
§31B-9-904. Merger of entities; confirmation of title to real estate required.
§31B-9-905. Articles of merger.
§31B-9-906. Effect of merger.
§31B-9-907. Article not exclusive.
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W. Va. Code § 31G-5
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Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
Article 4
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Article 6
ARTICLE 5. VERTICAL REAL ESTATE MANAGEMENT AND AVAILABILITY ACT.
§31G-5-1. Short title.
§31G-5-2. Definitions.
§31G-5-3. Management of vertical real estate.
§31G-5-4. Exceptions to the management of vertical real estate.
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W. Va. Code § 36B-2
West Virginia Code | §36B-2
Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
Article 1
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Article 3
ARTICLE 2. CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES.
§36B-2-101. Creation of common interest communities.
§36B-2-102. Unit boundaries.
§36B-2-103. Construction and validity of declaration and bylaws.
§36B-2-104. Description of units.
§36B-2-105. Contents of declaration.
§36B-2-106. Leasehold common interest communities.
§36B-2-107. Allocation of allocated interests.
§36B-2-108. Limited common elements.
§36B-2-109. Plats and plans.
§36B-2-110. Exercise of development rights.
§36B-2-111. Alterations of units.
§36B-2-112. Relocation of boundaries between adjoining units.
§36B-2-113. Subdivision of units.
§36B-2-114. Monuments as boundaries.
§36B-2-115. Use for sales purposes.
§36B-2-116. Easement rights.
§36B-2-117. Amendment of declaration.
§36B-2-118. Termination of common interest community.
§36B-2-119. Rights of secured lenders.
§36B-2-120. Master associations.
§36B-2-121. Merger or consolidation of common interest communities.
§36B-2-122. Addition of unspecified real estate.
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W. Va. Code § 41-5-20
§41-5-20. Title to real estate devised by wills; rights of devisees and bona fide purchasers.
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W. Va. Code § 44A-3
West Virginia Code | §44A-3
Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
Article 2
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Article 4
ARTICLE 3. GUARDIANSHIP AND CONSERVATORSHIP ADMINISTRATION.
§44A-3-1. Duties of guardian of protected person.
§44A-3-2. Reports by guardian of protected person.
§44A-3-3. Distributive duties and powers of the conservator of a protected person.
§44A-3-4. Management powers and duties of conservator.
§44A-3-5. Sale or mortgage of real estate.
§44A-3-6. Protective arrangements.
§44A-3-7. Estate planning.
§44A-3-8. Conservator’s inventory.
§44A-3-9. Accountings by conservator.
§44A-3-10. Waiver of accountings.
§44A-3-11. Filing of reports and accountings; misdemeanor for failure to file; reporting elder abuse.
§44A-3-12. Self-dealing and conflicts of interest.
§44A-3-13. Personal liability of guardians.
§44A-3-14. Personal liability of conservators.
§44A-3-14a. No liability of present conservator or guardian for prior acts or failure to act of preceding conservators, guardians or committees.
§44A-3-15. Protection for persons conducting business with guardians and conservators.
§44A-3-16. Court modification of powers and duties of guardian or conservator.
§44A-3-17. Petition by certain persons for access to persons in guardianship; hearing and court order.
§44A-3-18. Guardian’s duty to inform certain relatives about protected person’s health and residence.
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W. Va. Code § 46A-3
West Virginia Code | §46A-3
Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
Article 2A
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Article 4
ARTICLE 3. FINANCE CHARGES AND RELATED PROVISIONS.
§46A-3-101. Finance charges generally.
§46A-3-102. Sales finance charge for certain consumer credit sales of real estate.
§46A-3-103. Sales finance charge for revolving charge accounts other than certain sales of real estate.
§46A-3-104. Finance charge for loans other than loans made pursuant to revolving loan accounts; finance charge on assigned contracts; exceptions.
§46A-3-105. Maximum rate on loans and credit sales guaranteed or insured by United States or agency thereof.
§46A-3-106. Loan finance charge for revolving loan accounts.
§46A-3-107. Sales finance charges and loan finance charges on refinancing.
§46A-3-108. Sales finance charges and loan finance charges on consolidation.
§46A-3-109. Additional charges; credit life or health insurance; notice of cancellation; when refund required; obligations of creditor and insurer; civil penalty; rules relating to insurance.
§46A-3-109a. Collateral protection insurance.
§46A-3-110. Right to prepay.
§46A-3-111. Application of payments on account; rebate upon prepayment, refinancing or consolidation; judgments and interest on judgments.
§46A-3-112. Delinquency charges on precomputed consumer credit sales or consumer loans.
§46A-3-113. Delinquency charges on nonprecomputed consumer credit sales or consumer loans repayable in installments.
§46A-3-114. Deferral and modification charges.
§46A-3-115. Advances to perform covenants of consumer.
§46A-3-116. Change in terms of revolving charge accounts or revolving loan accounts.
§46A-3-117. Alternative finance charges authorized.
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W. Va. Code § 46A-4
West Virginia Code | §46A-4
Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
Article 3
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Article 5
ARTICLE 4. REGULATED CONSUMER LENDERS.
§46A-4-101. Authority to make loans.
§46A-4-102. License to make regulated consumer loans.
§46A-4-103. Revocation, suspension or forfeiture of license.
§46A-4-104. Records; annual reports.
§46A-4-105. Examinations; assessments and investigations.
§46A-4-106. Application of Administrative Procedures Act.
§46A-4-107. Loan finance charge for regulated consumer lenders.
§46A-4-108. Use of multiple loan agreements.
§46A-4-109. Restrictions on interest in land as security; assignment of earnings to regulated consumer lender prohibited; when security interest on household furniture goods not valid; prohibitions as to renegotiation of loan discharged in bankruptcy; limiting fees on real property loan refinancings; maximum points, fees and charges; overriding of federal limitations; limitations on lien documents prohibitions on residential mortgage loans; providing civil remedy.
§46A-4-110. Conduct of business other than making loans.
§46A-4-110a. Prohibited conduct.
§46A-4-111. Disclosure of higher annual percentage rate upon refinancing of a loan not secured by real estate at higher rate; requiring documentation of a reasonable net tangible benefit to the borrower of any refinancing of a real estate secured loan.
§46A-4-112. Code reference to supervised lenders and industrial loan companies; authority of the commissioner.
§46A-4-113. Continuation of licensing.
§46A-4-114. Permitting licensee to conduct business at remote location.
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W. Va. Code § 47-26-4
§47-26-4. County and municipal regulation of pawnbrokers.
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W. Va. Code § 55-4-31
§55-4-31a. Resolution of boundary disputes; corrective deeds; petition for ascertainment and designation of boundary line or lines of real estate.
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Copyright © 2026 West Virginia Code . These West Virginia Code sections are updated regularly as new legislation takes effect. For the effective date of an individual act of the WV Legislature and the Code sections affected by that act, please consult our Bill Status database .
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W. Va. Code § 5A-10
West Virginia Code | §5A-10
Sunday, April 5, 2026
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
Article 9
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Article 11
ARTICLE 10. REAL ESTATE DIVISION.
§5A-10-1. Division created; purpose; director.
§5A-10-2. Leases for space to be made in accordance with article; exceptions.
§5A-10-3. Powers and duties of Real Estate Division.
§5A-10-3a. Regulation of parking on state-owned or leased property in Charleston; creation of fund.
§5A-10-4. Leasing of space by executive director; delegation of authority.
§5A-10-5. Selection of grounds, etc.; acquisition by contract or lease; long-term leases.
§5A-10-6. Long-term leases of public lands for wireless communication towers.
§5A-10-7. Leases and other instruments for space signed by executive director; approval as to form; filing.
§5A-10-8. Inspection of leased property; requiring approval of executive director for permanent changes.
§5A-10-9. Real property accounting and records.
§5A-10-10. Real property review.
§5A-10-11. Rulemaking.
§5A-10-12. Lease of state properties to nongovernmental entities.
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Copyright © 2026 West Virginia Code . These West Virginia Code sections are updated regularly as new legislation takes effect. For the effective date of an individual act of the WV Legislature and the Code sections affected by that act, please consult our Bill Status database .
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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)