Terms Used In West Virginia Code > Chapter 3 > Article 9 - Offenses and Penalties

• Accumulated contributions: means all deposits and all deductions from the gross salary of a contributor plus regular interest. See West Virginia Code 18-7A-3
• Accumulated net benefit: means the aggregate amount of all benefits paid to or on behalf of a retired member. See West Virginia Code 18-7A-3
• Actuarial Reserve: means the Actuarial Reserve Lump Sum Value of the additional service credit being purchased by a member so electing in accordance with the provisions of section six of this article. See West Virginia Code 18-7D-2
• Actuarial Reserve Adjusted Salary: means either:

  (A) For a member with a full year service credit in the fiscal year ending June 30, 2007, the member'. See West Virginia Code 18-7D-2

• Actuarial Reserve Benefit Date: means the first day of the month coincident with or next following the date at which the member attains the age of sixty, or June 30, 2009, whichever is later. See West Virginia Code 18-7D-2
• Actuarial Reserve Discount Factor: means the annual discount factor applied for the period between June 30, 2009 and the Actuarial Reserve Benefit Date, if any. See West Virginia Code 18-7D-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.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmatively elect to transfer: means the voluntary execution and delivery to the Consolidated Public Retirement Board, by a member of the Teachers'. See West Virginia Code 18-7D-2
• Amortization: Paying off a loan by regular installments.
• Annual addition: means , for purposes of the limitations under Section 415(c) of the Internal Revenue Code, the sum credited to a member's account for any limitation year of: (A) Employer contributions. See West Virginia Code 18-7B-2
• Annuities: means the annual retirement payments for life granted beneficiaries in accordance with this article. See West Virginia Code 18-7A-3
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• annuity: means an account established for each member to record the deposit of member contributions and employer contributions and interest, dividends, or other accumulations credited on behalf of the member. See West Virginia Code 18-7B-2
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means any one or more in combination of parents, community members, teachers, school administrators, or institutions of higher education in this state who are interested in organizing a public charter school and:

  (A) Have obtained 501(c)(3) tax-exempt status or have submitted an application for 501(c)(3) tax-exempt status, or be a state institution of higher education as defined in §. See West Virginia Code 18-5G-2

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• 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.
• Assets: means all member contributions and employer contributions made on the member'. See West Virginia Code 18-7D-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attendant: means a self-employed individual who is trained to perform attendant care services and who works as an independent contractor. See West Virginia Code 18-10A-1
• Attendant care services: means services which include, but are not limited to:

  (a) Routine bodily functions such as bowel and bladder care. See West Virginia Code 18-10A-1

• Authority: means the School Building Authority of West Virginia. See West Virginia Code 18-9F-2
• Authorizer: means the entity empowered under this article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to renew or not renew charter contracts. See West Virginia Code 18-5G-2
• Average final salary: means the average of the five highest fiscal year salaries earned as a member within the last 15 fiscal years of total service credit, including military service as provided in this article, or if total service is less than 15 years, the average annual salary for the period on which contributions were made: Provided, That salaries for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with §. See West Virginia Code 18-7A-3
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means the recipient of annuity payments made under the retirement system. See West Virginia Code 18-7A-3
• Bequest: Property gifted by will.
• board: means the Consolidated Public Retirement Board created and established pursuant to §. See West Virginia Code 18-7B-2
• board: means a county board of education. See West Virginia Code 18-1-1
• Board: means the Consolidated Public Retirement Board established in article ten-d, chapter . See West Virginia Code 18-7D-2
• Casual deficit: means a deficit of not more than three percent of the approved levy estimate or a deficit that is nonrecurring from year to year. See West Virginia Code 18-1-1
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Charter application: means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status. See West Virginia Code 18-5G-2
• Code: shall mean the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 8-1-2
• commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under Section fifteen of this article. See West Virginia Code 15-1E-1
• compensation: has the meaning given it in §. See West Virginia Code 18-7B-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• contract: means a fixed-term, renewable contract between a public charter school's governing board and an authorizer that identifies the roles, powers, responsibilities, operational duties, accountability, and performance expectations for each party to the contract, consistent with the requirements of this article. See West Virginia Code 18-5G-2
• Contributor: means a member of the retirement system who has an account in the Teachers Accumulation Fund. See West Virginia Code 18-7A-3
• 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
• Conversion public charter school: means a public charter school that existed as a noncharter public school before becoming a public charter school. See West Virginia Code 18-5G-2
• Cooperative: means an association, or membership corporation, whose membership is limited to disabled individuals and which is organized and operated on a cooperative basis for the exclusive benefit of its members and, by its charter or bylaws, is required to divide any profits, realized from the operation of workshops operated by it and not reinvested in such workshops, among its disabled members actually working therein. See West Virginia Code 18-10B-1
• County board: means a board exercising management and control of a school district. See West Virginia Code 18-5G-2
• County commission: shall mean the governmental body created by section 22, article eight of the Constitution of this state, or any existing tribunal created in lieu of a county commission. See West Virginia Code 8-1-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defined Contribution Retirement System: means the Teachers'. See West Virginia Code 18-7D-2
• Department of Education: means the West Virginia Department of Education. See West Virginia Code 18-9F-2
• Deposit: means a voluntary payment to his or her account by a member. See West Virginia Code 18-7A-3
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the director of the division of vocational rehabilitation. See West Virginia Code 18-10A-1
• Disabled individual: means any person who has a substantial employment handicap. See West Virginia Code 18-10A-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the division of vocational rehabilitation established by this article. See West Virginia Code 18-10A-1
• Donor: The person who makes a gift.
• Education service provider: means a public or private nonprofit or for-profit education management organization, school design provider, or any other partner entity with which a public charter school contracts for educational design, implementation, or comprehensive management. See West Virginia Code 18-5G-2
• Electing charter school: means a public charter school established pursuant to §. See West Virginia Code 18-7A-3
• Electing charter school: means a public charter school established pursuant to §. See West Virginia Code 18-7B-2
• employee: means the following persons, if regularly employed for full-time service: (A) Any person employed by a public school for instructional service in the public schools of West Virginia. See West Virginia Code 18-7B-2
• Employer: means the agency of and within the state which has employed or employs a member, a county board of education which has employed or employs a member, or an electing charter school which has employed or employs a member. See West Virginia Code 18-7A-3
• Employer: means the agency of and within the State of West Virginia which has employed or employs a member, a county board of education which has employed or employs a member, or an electing charter school which has employed or employs a member. See West Virginia Code 18-7B-2
• Employer contribution: means an amount deposited into the member's individual annuity account on a periodic basis coinciding with the employee's regular pay period by an employer from its own funds. See West Virginia Code 18-7B-2
• Employer error: means an omission, misrepresentation, or deliberate act in violation of relevant provisions of the West Virginia Code, or the West Virginia Code of State Regulations, or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required. See West Virginia Code 18-7A-3
• Employer error: means an omission, misrepresentation, or deliberate act in violation of relevant provisions of the West Virginia Code, the West Virginia Code of State Regulations, or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required. See West Virginia Code 18-7B-2
• Employment handicap: means a physical or mental condition which constitutes, contributes to, or if not corrected will probably result in, an obstruction to occupational performance. See West Virginia Code 18-10A-1
• Employment term: means employment for at least 10 months, a month being defined as 20 employment days. See West Virginia Code 18-7A-3
• Employment term: means employment for at least 10 months in any plan year with a month being defined as 20 employment days. See West Virginia Code 18-7B-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• Existing employer: means any employer who employed or employs a member of the system. See West Virginia Code 18-7B-2
• Existing retirement system: means the State Teachers Retirement System established in §. See West Virginia Code 18-7B-2
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Freeholder: shall mean any person (and in the case of an individual one who is sui juris and is not under a legal disability) owning a "freehold interest in real property". See West Virginia Code 8-1-2
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Governing board: means a public charter school governing board that meets the requirements §. See West Virginia Code 18-5G-2
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Gross salary: means the fixed annual or periodic cash wages paid by a participating public employer to a member for performing duties for the participating public employer for which the member was hired. See West Virginia Code 18-7A-3
• 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.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internal Revenue Code: means the Internal Revenue Code of 1986, as it has been amended. See West Virginia Code 18-7A-3
• Internal Revenue Code: means the Internal Revenue Code of 1986, as it has been amended. See West Virginia Code 18-7B-2
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• judge advocate: means a commissioned officer of the organized state military forces who is an attorney licensed to practice in this state or is a member in good standing of the bar of the highest court of another state, who is admitted pro hac vice to practice in this state, and is any of the following: Certified or designated as a judge advocate in the Judge Advocate General'. See West Virginia Code 15-1E-1
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Maintenance: means money payments not exceeding the estimated cost of subsistence during vocational rehabilitation. See West Virginia Code 18-10A-1
• Medical examination: means an in-person or virtual examination of a member's physical or mental health, or both, by a physician or physicians selected or approved by the board. See West Virginia Code 18-7A-3
• Member: means any person who has accumulated contributions standing to his or her credit in the State Teachers Retirement System. See West Virginia Code 18-7A-3
• Member: means any person who has an account balance standing to his or her credit in the Teachers'. See West Virginia Code 18-7D-2
• Member contribution: means an amount reduced from the employee's regular pay periods and deposited into the member's individual annuity account within the Teachers' Defined Contribution Retirement System. See West Virginia Code 18-7B-2
• military court: means a court-martial or a court of inquiry. See West Virginia Code 15-1E-1
• 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
• New entrant: means a teacher who is not a present teacher. See West Virginia Code 18-7A-3
• New school building: means any public school in the state for educating students in any of grades kindergarten through twelve, for which design and construction begin after July 1, 2007. See West Virginia Code 18-9F-2
• Noncharter public school: means a public school or multicounty vocational center other than a public charter school established pursuant to this article. See West Virginia Code 18-5G-2
• Nonprofit institution: means a corporation or association no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. See West Virginia Code 18-10B-1
• Nonteaching member: means any person, except a teacher member, who is regularly employed for full-time service by: (A) Any county board of education or educational services cooperative. See West Virginia Code 18-7A-3
• Occupational licenses: means any license, permit or other written authority required by any governmental unit to be obtained in order to engage in an occupation. See West Virginia Code 18-10A-1
• of equal actuarial value: means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the Internal Revenue Code, "actuarially equivalent" shall be computed using the mortality tables and interest rates required to comply with those requirements. See West Virginia Code 18-7A-3
• officer: means a commissioned or warrant officer. See West Virginia Code 15-1E-1
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means a parent, guardian, or other person or entity having legal custody over a child. See West Virginia Code 18-5G-2
• participating employer: means "employer" unless the context clearly requires otherwise. See West Virginia Code 18-7A-3
• participating employer: means "employer" unless the context clearly requires otherwise. See West Virginia Code 18-7B-2
• Physical restoration: means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce a disabled individual&rsquo. See West Virginia Code 18-10A-1
• Plan year: means the 12-month period commencing on July 1 and ending the following June 30 of any designated year. See West Virginia Code 18-7A-3
• Plan year: means the 12-month period commencing on July 1 of any designated year and ending on the following June 30. See West Virginia Code 18-7B-2
• 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.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Present member: means a present teacher or nonteacher who is a member of the retirement system. See West Virginia Code 18-7A-3
• Present teacher: means any person who was a teacher within the 35 years beginning July 1, 1934, and whose membership in the retirement system is currently active. See West Virginia Code 18-7A-3
• Prior service: means all service as a teacher completed prior to July 1, 1941, and all service of a present member who was employed as a teacher and did not contribute to a retirement account because he or she was legally ineligible for membership during the service. See West Virginia Code 18-7A-3
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Program conversion public charter school: means a program within an existing noncharter public school that is either preexisting and converted or newly created to become a separate and discreet program governed and operated in accordance with this article within the noncharter public school. See West Virginia Code 18-5G-2
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public charter school: means a public school or program within a public school that is authorized in accordance with the provisions of this article and meets the general criteria, governance structure and statutory compliance requirements described in §. See West Virginia Code 18-5G-2
• Public schools: means all publicly supported schools, including colleges and universities in this state. See West Virginia Code 18-7A-3
• Public schools: means all publicly supported schools, including normal schools, colleges, and universities in this state. See West Virginia Code 18-7B-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
• 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
• Refund beneficiary: means the estate of a deceased contributor or a person he or she has nominated as beneficiary of his or her contributions by written designation duly executed and filed with the retirement board. See West Virginia Code 18-7A-3
• Regular full-time employee: means any person employed by a county board who has a regular position or job throughout his or her employment term, without regard to hours or method of pay. See West Virginia Code 18-1-1
• Regular interest: means interest at four percent compounded annually, or a higher earnable rate if set forth in the formula established in legislative rules, series seven of the Consolidated Public Retirement Board, 162 CSR 7. See West Virginia Code 18-7A-3
• Regularly employed for full-time service: means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay. See West Virginia Code 18-7A-3
• Regularly employed for full-time service: means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay. See West Virginia Code 18-7B-2
• Regulations: means regulations made by the director with the approval of the secretary of the Department of Commerce or the state board. See West Virginia Code 18-10A-1
• Rehabilitation training: means all necessary training provided to a disabled individual to compensate for his or her employment handicap including, but not limited to, manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities. See West Virginia Code 18-10A-1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Required beginning date: means April 1 of the calendar year following the later of: (A) The calendar year in which the member attains age 70. See West Virginia Code 18-7A-3
• Required beginning date: means April 1 of the calendar year following the later of: (A) The calendar year in which the member attains age 70. See West Virginia Code 18-7B-2
• Resident: shall mean any individual who maintains a usual and bona fide place of abode within the corporate limits of a municipality or within the boundaries of a territory referred to in this chapter, as the case may be. See West Virginia Code 8-1-2
• Retirant: means any member who commences an annuity payable by the retirement system. See West Virginia Code 18-7A-3
• Retirement: means a member's withdrawal from the active employment of a participating employer and completion of all conditions precedent to retirement. See West Virginia Code 18-7B-2
• Retirement board: means the Consolidated Public Retirement Board created pursuant to §. See West Virginia Code 18-7A-3
• Retirement system: means the State Teachers Retirement System established by this article. See West Virginia Code 18-7A-3
• safety plan: means the comprehensive countywide school access safety plan that:

  (A) Is prepared by each county board seeking funding under this article and incorporated into its comprehensive educational facilities plan in accordance with guidelines established by the authority. See West Virginia Code 18-9F-2

• safety project: means a project administered in furtherance of a school access safety plan pursuant to the provisions of this article. See West Virginia Code 18-9F-2
• Salary: means :

  (A) For a member contributing to the Defined Contribution Retirement System during the 2007 fiscal year, the actual salary earned for the 2007 fiscal year divided by the employment service earned in the 2007 fiscal year. See West Virginia Code 18-7D-2

• School: means the students and teachers assembled in one or more buildings, organized as a unit. See West Virginia Code 18-1-1
• School Access Safety Fund: means the special account established in section five of this article. See West Virginia Code 18-9F-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Start-up public charter school: means a public charter school that did not exist as a noncharter public school prior to becoming a public charter school. See West Virginia Code 18-5G-2
• 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 board: means the West Virginia Board of Education. See West Virginia Code 18-5G-2
• State board: means the West Virginia Board of Education. See West Virginia Code 18-1-1
• State board: means the Secretary of the Department of Commerce, or where required by federal law, the board, commission or council designated by the Secretary of the Department of Commerce to oversee certain functions of the Division of Rehabilitation Services. See West Virginia Code 18-10A-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 superintendent: means the state superintendent of free Schools. See West Virginia Code 18-1-1
• State Teachers Retirement System: means the state Teachers Retirement System established in article seven-a of this chapter. See West Virginia Code 18-7D-2
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Student: means any person that is eligible for attendance in a public school in West Virginia. See West Virginia Code 18-5G-2
• Student with a disability: means an exceptional child, other than gifted, pursuant to section one, article twenty of this chapter. See West Virginia Code 18-1-1
• Summons: Another word for subpoena used by the criminal justice system.
• superintendent: means a county superintendent of schools. See West Virginia Code 18-1-1
• system: means the Teachers' Defined Contribution Retirement System created and established by this article. See West Virginia Code 18-7B-2
• 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
• Teacher member: means the following persons, if regularly employed for full-time service: (A) Any person employed by a public school for instructional service in the public schools of West Virginia. See West Virginia Code 18-7A-3
• Testify: Answer questions in court.
• Total service: means all service as a teacher or nonteacher while a member of the retirement system since last becoming a member and, in addition thereto, credit for prior service, if any. See West Virginia Code 18-7A-3
• Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Vocational rehabilitation facility: means a facility which is operated for the primary purpose of providing vocational rehabilitation services to, or gainful employment for, handicapped individuals, or, for providing evaluation and work adjustment services for disadvantaged individuals, and which provides singly or in combination one or more of the following services for handicapped individuals: (a) Comprehensive rehabilitation services which shall include, under one management, medical, psychological, social, and vocational services. See West Virginia Code 18-10B-1
• vocational rehabilitation services: means any services, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his or her employment handicap and to enable him or her to engage in a remunerative occupation including, but not limited to, medical and vocational diagnosis, vocational guidance, counseling and placement, rehabilitation training, attendant care services, physical restoration, transportation, occupational licenses, occupational tools and equipment, including motor vehicles, maintenance, and training books and materials. See West Virginia Code 18-10A-1
• Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
• West Virginia Professional Charter School Board: means the board created pursuant to §. See West Virginia Code 18-5G-2
• whoever: includes corporations, societies, associations and partnerships, and other similar legal business organizations. See West Virginia Code 2-2-10
• Work-based learning: means a structured activity that correlates with and is mutually supportive of the school-based learning of the student and includes specific objectives to be learned by the student as a result of the activity. See West Virginia Code 18-1-1
• Workshop: means a particular type of vocational rehabilitation facility where any manufacture or handiwork is carried on and which is operated by a public agency or by a private corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, or by a cooperative, for the primary purpose of providing remunerative employment to disabled persons (a) as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market. See West Virginia Code 18-10B-1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.