Terms Used In West Virginia Code > Chapter 3 > Article 10 - Filling Vacancies

• Active duty: means full-time duty status in any of the active uniformed services of the United States, including service in the National Guard and Reserve pursuant to active duty orders in accordance with 10 U. See West Virginia Code 18-10F-2
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Blind or visually impaired child: means an individual who is eligible for special education services and who:

  (1) Has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees. See West Virginia Code 18-10J-2

• board: means a county board of education. See West Virginia Code 18-1-1
• Braille: means the system of reading and writing through touch commonly known as standard English braille. See West Virginia Code 18-10J-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.
• Child of a military family: means any school-aged child enrolled in any of grades kindergarten through twelfth who is in the household of an active duty uniformed services member. See West Virginia Code 18-10F-2
• Compact commissioner: means the voting representative of a compacting state appointed pursuant to Article VIII of this compact. See West Virginia Code 18-10F-2
• Consumer control: means circumstances in which individuals with disabilities having decision-making authority. See West Virginia Code 18-10M-4
• Continuance: Putting off of a hearing ot trial until a later time.
• convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See West Virginia Code 15-1E-1
• Council: means the Statewide Independent Living Council. See West Virginia Code 18-10M-4
• County board: means a county board of education, which is the public entity legally constituted by this state as an administrative agency to provide control of and direction for grades kindergarten through twelfth in the public schools in the county in which it operates. See West Virginia Code 18-10F-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deployment: means the time period beginning one month prior to a uniformed services member'. See West Virginia Code 18-10F-2
• Designated state entity: means the entity designated in the state plan for independent living to receive and administer federal funding as directed by the plan. See West Virginia Code 18-10M-4
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Education records: means all documents, files, data and official records directly related to a student and maintained by a school or county board. See West Virginia Code 18-10F-2
• enlisted member: means a person in an enlisted grade. See West Virginia Code 15-1E-1
• Ex officio: Literally, by virtue of one's office.
• Extracurricular activities: means voluntary activities sponsored by a school, a county board or an organization sanctioned by a county board or the state board of education. See West Virginia Code 18-10F-2
• federal act: means the act codified at 29 U. See West Virginia Code 18-10M-4
• General cutoff date: means the eighty-fourth day before the general election that immediately precedes the general election where the office would be on the ballot for election if there were not a vacancy. See West Virginia Code 3-10-1
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Independent living services: means advocacy. See West Virginia Code 18-10M-4
• Individual with a significant disability: means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment, respectively. See West Virginia Code 18-10M-4
• Interstate Commission: means the Commission that is created by Article IX of this compact. See West Virginia Code 18-10F-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Member state: means a state that has enacted this compact. See West Virginia Code 18-10F-2
• Military installation: means a base, camp, post, station, yard, center, homeport facility for any ship, or other facility under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U. See West Virginia Code 18-10F-2
• military judge: means an official of a general or special court-martial detailed in accordance with section twenty-six of this article. See West Virginia Code 15-1E-1
• military offenses: means those offenses prescribed under sections seventy-seven (Principals), seventy-eight (Accessory after the fact), eighty (Attempts), eighty-one (Conspiracy), eighty-two (Solicitation),eighty-three (Fraudulent enlistment, appointment, or separation), eighty-four (Unlawful enlistment, appointment, or separation), eighty-five (Desertion), eighty-six (Absence without leave), eighty-seven (Missing movement), eighty-eight (Contempt toward officials), eighty-nine (Disrespect towards superior commissioned officer), ninety (Assaulting or willfully disobeying superior commissioned officer), ninety-one (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer), ninety-two (Failure to obey order or regulation), ninety-three (Cruelty and maltreatment), ninety-four (Mutiny or sedition), ninety-five (Resistance, flight, breach of arrest, and escape), ninety-six (Releasing prisoner without proper authority), ninety-seven (Unlawful detention), ninety-eight (Noncompliance with procedural rules), ninety-nine (Misbehavior before the enemy), one hundred (Subordinate compelling surrender), one hundred one (Improper use of countersign), one hundred two (Forcing a safeguard), one hundred three (Captured or abandoned property), one hundred four (Aiding the enemy), one hundred five (Misconduct as prisoner), one hundred seven (False official statements), one hundred eight (Military property - Loss, damage, destruction, or wrongful disposition), one hundred nine (Property other than military property - waste, spoilage, or destruction), one hundred ten (Improper hazarding of vessel), one hundred twelve (Drunk on duty), one hundred twelve-a. See West Virginia Code 15-1E-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Personal assistance services: means :

  (A) Those basic and ancillary services that enable eligible individuals to live in their homes and communities rather than in institutions and to carry out functions of daily living, self-care and mobility. See West Virginia Code 18-10L-3

• Personal assistant: means an individual of the consumer'. See West Virginia Code 18-10L-3
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Primary cutoff date: means the eighty-fourth day before the primary election that immediately precedes the general cutoff date. See West Virginia Code 3-10-1
• Quorum: The number of legislators that must be present to do business.
• Receiving state: means a state to which a child of a military family is sent, brought, or caused to be sent or brought. See West Virginia Code 18-10F-2
• Recipient: means any individual receiving funds through the Ron Yost personal assistance program. See West Virginia Code 18-10L-3
• record: when used in connection with the proceedings of a court-martial, means - an official written transcript, written summary, or other writing relating to the proceedings. See West Virginia Code 15-1E-1
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Ron Yost personal assistance program functional assessment tool: means the written and physical evaluation used to determine eligibility of individuals to receive services and the hours of service to be provided under this article. See West Virginia Code 18-10L-3
• Rule: means a written statement by the Interstate Commission which:

  (1) Is promulgated pursuant to Article XII of this compact. See West Virginia Code 18-10F-2

• School: means the students and teachers assembled in one or more buildings, organized as a unit. See West Virginia Code 18-1-1
• Sending state: means a state from which a child of a military family is sent, brought, or caused to be sent or brought. See West Virginia Code 18-10F-2
• Service of process: The service of writs or summonses to the appropriate party.
• State: means one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U. See West Virginia Code 15-1E-1
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See West Virginia Code 18-10F-2
• State board: means the West Virginia Board of Education. See West Virginia Code 18-1-1
• State military forces: means the National Guard of the state, as defined in title 32, United States Code, to include the West Virginia Army National Guard, the West Virginia Air National Guard and the inactive National Guard, and shall be deemed to include any unit, component, element, headquarters, staff or cadre thereof, as well as any member or members, when not in a status subjecting them to exclusive jurisdiction under chapter 47 of title 10, United States Code. See West Virginia Code 15-1E-1
• State plan: means the state plan for independent living required by the federal Rehabilitation Act of 1973, as amended. See West Virginia Code 18-10M-4
• State superintendent: means the state superintendent of free Schools. See West Virginia Code 18-1-1
• Student: means a child of a military family who is formally enrolled in any of grades kindergarten through twelfth and for whom a county board receives public funding. See West Virginia Code 18-10F-2
• superintendent: means a county superintendent of schools. See West Virginia Code 18-1-1
• Teacher: means a teacher, supervisor, principal, superintendent, public school librarian or any other person regularly employed for instructional purposes in a public school in this state. See West Virginia Code 18-1-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transition: means :

  (1) The formal and physical process of transferring from one school to another. See West Virginia Code 18-10F-2

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Uniformed services: means the Army, Navy, Air Force, Marine Corps, Coast Guard, and the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services. See West Virginia Code 18-10F-2
• West Virginia Council: means the state coordinating council established in Article VIII of this compact. See West Virginia Code 18-10F-2