Terms Used In West Virginia Code > Chapter 2 > Article 2 - Legal Holidays; Special Memorial Days; Construction of Statutes; Definitions

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Airport: means any airport, heliport, helistop, vertiport, gliderport, seaplane base, ultralight flightpark, manned balloon launching facility, or other aircraft landing or takeoff area operated by an airport operator as that term is defined in §. See West Virginia Code 8-29-1
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appointing authority: means the county commission or municipality, or combination thereof, that authorized the creation or combination of the local board of health, in whatever form it presently exists. See West Virginia Code 16-2-2
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means a regional airport authority created pursuant to the provisions of this article. See West Virginia Code 8-29-1
• Basic public health services: means those services that are necessary to protect the health of the public. See West Virginia Code 16-1-2
• Basic public health services: means those services that are necessary to protect the health of the public and that a local board of health must provide. See West Virginia Code 16-2-2
• Bequest: Property gifted by will.
• board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
• board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
• board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-2-2
• Bureau: means the Bureau for Public Health in the department. See West Virginia Code 16-1-2
• Bureau: means the Bureau for Public Health in the Department of Health and Human Resources. See West Virginia Code 16-2-2
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Clinical and categorical programs: means those services provided to individuals of specified populations and usually focus on health promotion or disease prevention. See West Virginia Code 16-2-2
• Combined local board of health: means one form of organization for a local board of health and means a board of health serving any two or more counties or any county or counties and one or more municipalities within or partially within the county or counties. See West Virginia Code 16-1-2
• Commissioner: means the commissioner of the Division of Corrections and Rehabilitation. See West Virginia Code 15A-4A-2
• Commissioner: means the commissioner of the bureau, who may be designated as the state health officer. See West Virginia Code 16-1-2
• Commissioner: means the commissioner of the bureau, who may be designated as the state health officer. See West Virginia Code 16-1-2
• Commissioner: means the Commissioner of the Bureau for Public Health, who is the state health officer. See West Virginia Code 16-2-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• County board of health: means one form of organization for a local board of health and means a local board of health serving a single county. See West Virginia Code 16-1-2
• Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
• Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
• Department: means the West Virginia Department of Health and Human Resources. See West Virginia Code 16-2-2
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Direct patient care: means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures. See West Virginia Code 16-1C-1
• Division: means the Division of Corrections and Rehabilitation. See West Virginia Code 15A-4A-2
• Donor: The person who makes a gift.
• Employee: means an employee or contractor of a health care provider or a person who is granted privileges by a health care provider who delivers direct patient care. See West Virginia Code 16-1C-1
• Enforcement activity: means the implementation or enforcement of applicable state rules, local rules, and local health department rules. See West Virginia Code 16-2-2
• Enhanced public health services: means services that focus on health promotion activities to address a major health problem in a community, are targeted to a particular population and assist individuals in this population to access the health care system. See West Virginia Code 16-2-2
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Environmental health protection: means efforts to protect the community from environmental health risks including, inspection of housing, institutions, recreational facilities, sewage, and wastewater facilities. See West Virginia Code 16-2-2
• Essential public health services: means the core public health activities necessary to promote health and prevent disease, injury, and disability for the citizens of the state. See West Virginia Code 16-1-2
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guidance: means providing advice to a person, the public, a business, school board, or governmental entity regarding a public health issue or matter. See West Virginia Code 16-2-2
• Health care provider: means an individual, partnership, corporation, facility, hospital or institution licensed or certified or authorized by law to provide professional health care service in this state to a patient during that patient'. See West Virginia Code 16-1C-1
• Health order: means an order issued by the local health officer or local health board to protect the public health of the citizens by directing an individual or a discreet group of individuals to take a specific action to protect the health of the public or stop the spread of a communicable disease. See West Virginia Code 16-2-2
• Imminent public health emergency: means any immediate acute threat, hazard, or danger to the health of the population of the jurisdiction, whether specific or general, whether or not officially declared. See West Virginia Code 16-2-2
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Local health department: means the staff of the local board of health. See West Virginia Code 16-2-2
• Local health department rule: means a rule issued by the local board of health that has been approved by the appointing authority or was adopted prior to March 4, 2021, or a rule issued by the local board of health that may immediately go into effect because of an imminent public health emergency under §. See West Virginia Code 16-2-2
• Local health officer: means the individual physician with a current West Virginia license to practice medicine or a licensed advanced practice registered nurse that has the ability to independently practice who supervises and directs the activities of the local health department services, staff and facilities and is appointed by the local board of health. See West Virginia Code 16-2-2
• Municipal board of health: means one form of organization for a local board of health and means a board of health serving a single municipality. See West Virginia Code 16-1-2
• oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
• Oath: A promise to tell the truth.
• Offender: means a person sentenced to the custody of the Commissioner for service of a sentence of incarceration due to conviction of a felony or felonies. See West Virginia Code 15A-4A-2
• Performance-based standards: means generally accepted, objective standards such as rules or guidelines against which a local health department's level of performance can be measured. See West Virginia Code 16-2-2
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Potential source of significant contamination: means a facility or activity that stores, uses, or produces substances or compounds with potential for significant contaminating impact if released into the source water of a public water supply. See West Virginia Code 16-1-2
• Primary care services: means health care services, including medical care, that emphasize first contact patient care and assume overall and ongoing responsibility for the patient in health maintenance and treatment of disease. See West Virginia Code 16-2-2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public surface water influenced groundwater supply source: means a source of water supply for a public water system which is directly drawn from an underground well, underground river or stream, underground reservoir, or underground mine, and the quantity and quality of the water in that underground supply source is heavily influenced, directly or indirectly, by the quantity and quality of surface water in the immediate area. See West Virginia Code 16-1-2
• Public surface water supply source: means a primary source of water supply for a public water system which is directly drawn from rivers, streams, lakes, ponds, impoundments, or other primary sources of water supplies which are found on the surface of the state. See West Virginia Code 16-1-2
• Public water system: means :

  (A) Any water supply or system which regularly supplies or offers to supply water for human consumption through pipes or other constructed conveyances, if serving at least an average of 25 individuals per day for at least 60 days per year, or which has at least 15 service connections, and shall include:

  (i) Any collection, treatment, storage, and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system. See West Virginia Code 16-1-2

• Public water utility: means a public water system which is regulated by the West Virginia Public Service Commission pursuant to the provisions of §. See West Virginia Code 16-1-2
• Secretary: means the secretary of the Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "secretary" means the secretary of the Department of Health. See West Virginia Code 16-1-2
• Secretary: means the Secretary of the West Virginia Department of Health and Human Resources. See West Virginia Code 16-1C-1
• Secretary: means the secretary of the Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "secretary" means the secretary of the Department of Health. See West Virginia Code 16-1-2
• Secretary: means the Secretary of the Department of Health and Human Resources. See West Virginia Code 16-2-2
• Service area: means the territorial jurisdiction of the local board of health. See West Virginia Code 16-2-2
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• terrorism: shall mean only foreign or international terrorist groups or individuals, or domestic groups or individuals involved in transnational or domestic terrorism as defined in 6 U. See West Virginia Code 15A-12-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}