5-11A-1 Short title
5-11A-2 Declaration of policy
5-11A-3 Definitions
5-11A-3a Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability
5-11A-4 Application of article
5-11A-5 Discrimination in sale or rental of housing and other prohibited practices
5-11A-6 Discrimination in residential real estate-related transactions
5-11A-7 Discrimination in provision of brokerage services
5-11A-8 Religious organization or private club exemption
5-11A-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
5-11A-10 Education and conciliation; conferences and consultations; reports
5-11A-11 Administrative enforcement; preliminary matters; complaints and answers; service; conciliation; injunctions; reasonable cause determinations; issuance of charge
5-11A-12 Subpoenas; giving of evidence; witness fees; enforcement of subpoenas
5-11A-13 Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees
5-11A-14 Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by Attorney General
5-11A-15 Enforcement by Attorney General; pattern or practice cases; subpoena enforcement; remedies; intervention
5-11A-16 Interference, coercion or intimidation; enforcement by civil action
5-11A-17 Cooperation with local agencies administering fairhousing laws; utilization of services and personnel; reimbursement; written agreements; publication instate register
5-11A-18 Effect on other laws
5-11A-19 Severability of provisions
5-11A-20 Rules to implement article
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Terms Used In West Virginia Code > Chapter 5 > Article 11A - West Virginia Fair Housing Act

  • Adjusted gross receipts: means the gross receipts of a gaming facility from West Virginia Lottery table games less winnings paid to wagerers in such games. See West Virginia Code 29-25-2
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aggrieved person: includes any person who:

    (1) Claims to have been injured by a discriminatory housing practice. See West Virginia Code 5-11A-3

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any person applying for any video lottery license or permit. See West Virginia Code 29-22A-3
  • Applicant: means any person or entity applying for a license. See West Virginia Code 29-25-2
  • Applicant: means any emergency medical service applicant, law-enforcement applicant or medical services applicant, that is registered as a volunteer of the nonprofit organization, making application for a nonprofit volunteer permit under the provisions of this article. See West Virginia Code 29-29-3
  • Appropriate licensing agency: means the board, department, division or other agency in each jurisdiction charged with the licensing, certification or permitting of persons performing services of the nature and kind described or duties provided for in this article. See West Virginia Code 29-29-3
  • 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
  • Assistance animal: means any service, therapy or support animal, weighing less than one hundred fifty pounds, with or without specific training or certification, that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviate one or more identified symptoms or effects of a person'. See West Virginia Code 5-11A-3
  • Associated equipment: means any hardware located on a licensed racetrack'. See West Virginia Code 29-22A-3
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Audit: means the systematic examination of records and documents and the securing of other evidence by confirmation, physical inspection, or otherwise, that includes a written assurance that financial statements and reports are fairly presented in conformity with generally accepted accounting principles issued by the American Institute of Certified Public Accountants. See West Virginia Code 29-19-2
  • Background investigation: means a security, criminal and credit investigation of a person, as defined in this section, who has applied for a video lottery license or permit, or who has been granted a video lottery license or permit. See West Virginia Code 29-22A-3
  • Background investigation: means a security, criminal and credit investigation of an applicant who has applied for the issuance or renewal or a license pursuant to this article or a licensee who holds a current license. See West Virginia Code 29-25-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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. See West Virginia Code 5-11A-3
  • 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
  • Bequest: Property gifted by will.
  • Board: means the technology-related assistance revolving loan fund for individuals with disabilities board. See West Virginia Code 29-24-2
  • board: means the advisory board created in section twenty-two-a of this article. See West Virginia Code 29-25-2
  • central site system: means any central site computer provided to and controlled by the commission to which video lottery terminals communicate for purposes of information retrieval and terminal activation and to disable programs. See West Virginia Code 29-22A-3
  • Charitable organization: means a person who is or holds itself out to be a benevolent, educational, philanthropic, humane, patriotic, religious or eleemosynary organization, or any person who solicits or obtains contributions solicited from the public for charitable purposes, or any person who in any manner employs any appeal for contributions which may be reasonably interpreted to suggest that any part of those contributions will be used for charitable purposes. See West Virginia Code 29-19-2
  • 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.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • City: is a word of art and shall mean, include, and be limited to any Class I, Class II, and Class III city, as classified in section three of this article (except in those instances where the context in which used clearly indicates that a particular class of city is intended), heretofore or hereafter incorporated as a municipal corporation under the laws of this state, however created and whether operating under: (i) A special legislative charter. See West Virginia Code 8-1-2
  • Code: shall mean the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 8-1-2
  • Commission: means the State Lottery Commission created in section four, article twenty-two of this chapter. See West Virginia Code 29-25-2
  • Commission: means the West Virginia Human Rights Commission. See West Virginia Code 5-11A-3
  • 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.
  • Complainant: means the person, including the commission, who files a complaint under section eleven of this article. See West Virginia Code 5-11A-3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conciliation: means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the commission. See West Virginia Code 5-11A-3
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See West Virginia Code 5-11A-3
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means the promise or grant of any money or property of any kind or value. See West Virginia Code 29-19-2
  • Control: means the authority to direct the management and policies of an applicant or a license or permit holder. See West Virginia Code 29-22A-3
  • Controlling interest: means :

    (1) For a partnership, an interest as a general or limited partner holding more than five percent interest in the entity. See West Virginia Code 29-25-2

  • Controlling person: means , with respect to another person, any person directly or indirectly owning or holding a controlling interest in that other person. See West Virginia Code 29-25-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Costs: means the expenses incurred by the commission in the testing and examination of video lottery terminals and the performance of background investigations and other related activities which are charged to and collected from applicants or license or permit holders. See West Virginia Code 29-22A-3
  • 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
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Designated gaming area: means one or more specific floor areas of a licensed gaming facility within which the commission has authorized operation of video lottery terminals or West Virginia Lottery table games, or the operation of both video lottery terminals and West Virginia Lottery table games. See West Virginia Code 29-25-2
  • Devise: To gift property by will.
  • Director: means the individual appointed by the Governor to provide management and administration necessary to direct the State Lottery Office. See West Virginia Code 29-22A-3
  • Director: means the Director of the State Lottery Commission. See West Virginia Code 29-25-2
  • Disability: means , with respect to a person:

    (1) A physical or mental impairment which substantially limits one or more of the person'. See West Virginia Code 5-11A-3

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminatory housing practice: means an act that is unlawful under section five, six, seven or nineteen of this article. See West Virginia Code 5-11A-3
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Display: means the visual presentation of video lottery game features on a video lottery terminal in the form of video images, actual symbols or both. See West Virginia Code 29-22A-3
  • Donor: The person who makes a gift.
  • Dwelling: means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one or more persons or families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. See West Virginia Code 5-11A-3
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Emergency medical service applicant: means a person authorized to provide emergency medical services in West Virginia, or in another state who but for this article would be required to obtain a certification from the Commissioner of the Bureau for Public Health pursuant to article eight, chapter . See West Virginia Code 29-29-3
  • 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
  • erasable programmable read-only memory chips: means the electronic storage medium on which the operation software for all games playable on a video lottery terminal resides and which can also be in the form of CD-ROM, flash RAM or other new technology medium that the commission may from time to time approve for use in video lottery terminals. See West Virginia Code 29-22A-3
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Familial status: means :

    (1) One or more individuals who have not attained the age of eighteen years being domiciled with:

    (A) A parent or another person having legal custody of the individual or individuals. See West Virginia Code 5-11A-3

  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Financial review: means an examination of financial statements in accordance with generally accepted accounting principles issued by the American Institute of Certified Public Accountants, in which a certified public accountant has a reasonable basis for expressing limited assurance that the reviewed statements are free of material misstatements or false or missing information and are found to be accurate, complete and fairly presented to meet the requirements of the generally accepted accounting principles. See West Virginia Code 29-19-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Floor attendant: means a person, employed by a licensed racetrack, who holds a permit issued by the commission and who corrects paper jams and bill jams in video lottery terminals and also provides courtesy services for video lottery players. See West Virginia Code 29-22A-3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fringe benefits: means sickness and accident benefits and benefits relating to medical and pension coverage. See West Virginia Code 29-25-2
  • Gaming facility: means a designated area on the premises of an existing historic resort hotel in which West Virginia Lottery table games are conducted by a gaming licensee. See West Virginia Code 29-25-2
  • Gaming licensee: means the licensed operator of a gaming facility. See West Virginia Code 29-25-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross receipts: means the total amount of money exchanged for the purchase of chips, tokens or electronic cards by patrons of a gaming facility reduced by gross terminal income to the extent gross terminal income is included in the amount of money exchanged. See West Virginia Code 29-25-2
  • Gross terminal income: means the total amount of cash, vouchers or tokens inserted into the video lottery terminals operated by a licensee, minus the total value of coins and tokens won by a player and game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets. See West Virginia Code 29-22A-3
  • Gross terminal income: as used in this article and as used in article twenty-two-a of this chapter, means the total amount of cash, vouchers or tokens inserted into the video lottery terminals operated by a licensee, minus promotional credits played, and minus the total value of coins and tokens won by a player and game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets. See West Virginia Code 29-25-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Historic resort hotel: means a resort hotel registered with the United States Department of the Interior as a national historic landmark in its National Registry of Historic Places having not fewer than five hundred guest rooms under common ownership and having substantial recreational guest amenities in addition to the gaming facility. See West Virginia Code 29-25-2
  • Historic Resort Hotel Fund: means the special fund in the State Treasury created in section twenty-two of this article. See West Virginia Code 29-25-2
  • Human Resource Benefit Fund: means the special fund in the State Treasury created in section twenty-two-a of this article. See West Virginia Code 29-25-2
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • 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
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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
  • Law-enforcement applicant: means a person authorized to work as a law-enforcement officer in West Virginia, or in another state who but for this article would be required to obtain authorization pursuant to article twenty-nine, chapter . See West Virginia Code 29-29-3
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • License: means a license issued by the commission, including:

    (1) A license to operate a gaming facility. See West Virginia Code 29-25-2

  • Licensed gaming facility employee: means any individual licensed to be employed by a gaming licensee in connection with the operation of a gaming facility. See West Virginia Code 29-25-2
  • Licensed gaming facility supplier: means a person who is licensed by the commission to engage in the business of supplying gaming devices and gaming supplies to a gaming facility. See West Virginia Code 29-25-2
  • Licensee: means a gaming licensee, a licensed gaming facility supplier or a licensed gaming facility employee. See West Virginia Code 29-25-2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lottery: means the public gaming systems or games established and operated by the State Lottery Commission. See West Virginia Code 29-22A-3
  • Manufacturer: means any person holding a permit granted by the commission to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which it is housed, and whose product is intended for sale, lease or other assignment to a licensed racetrack in West Virginia, and who contracts directly with the licensee for the sale, lease or other assignment to a licensed racetrack in West Virginia. See West Virginia Code 29-22A-3
  • Manufacturer: means any person holding a license granted by the commission to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which it is housed, and whose product is intended for sale, lease or other assignment to a licensed gaming facility in West Virginia and who contracts directly with the licensee for the sale, lease or other assignment to a licensed gaming facility in West Virginia. See West Virginia Code 29-25-2
  • Medical services applicant: means a person authorized to provide medical services in West Virginia, or in another state who but for this article would be required to obtain authorization to practice in this state, and who is a:

    (1) Practitioner of medicine, surgery or podiatry as defined in article three, chapter . See West Virginia Code 29-29-3

  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Net terminal income: means gross terminal income minus an amount deducted by the commission to reimburse the commission for its actual costs of administering racetrack video lottery at the licensed racetrack. See West Virginia Code 29-22A-3
  • Noncash prize: means merchandise which a video lottery player may be given the option to receive in lieu of cash in exchange for a winning redemption ticket and which shall be assigned a redemption value equal to the actual cost of the merchandise to the licensed racetrack. See West Virginia Code 29-22A-3
  • Nonprofit volunteer organization medical director: means an individual licensed in West Virginia as a practitioner of medicine or surgery pursuant to article three, chapter . See West Virginia Code 29-29-3
  • 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.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • organization: means any nonprofit organization, including any subsidiary, affiliated or other related entity within its corporate or business structure, that has been chartered by the United States Congress to help train young people to do things for themselves and others, and that has established an area of at least six thousand contiguous acres within West Virginia in which to provide adventure or recreational activities for these young people and others. See West Virginia Code 29-29-3
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Own: means any beneficial or proprietary interest in any property or business of an applicant or licensed racetrack. See West Virginia Code 29-22A-3
  • Permit: means authorization granted by the commission to a person to function as either a video lottery manufacturer, service technician or validation manager. See West Virginia Code 29-22A-3
  • permit: means a permit issued to an applicant pursuant to the provisions of this article. See West Virginia Code 29-29-3
  • permittee: means a person holding a nonprofit volunteer permit issued under the provisions of this article. See West Virginia Code 29-29-3
  • Person: means any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them. See West Virginia Code 29-19-2
  • Person: means any natural person, corporation, association, partnership, limited partnership, or other entity, regardless of its form, structure or nature. See West Virginia Code 29-22A-3
  • Person: means any natural person, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature. See West Virginia Code 29-25-2
  • Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries. See West Virginia Code 5-11A-3
  • Person: shall mean any individual, firm, partnership, corporation, company, association, joint-stock association, or any other entity or organization of whatever character or description. See West Virginia Code 8-1-2
  • Personal property: All property that is not real property.
  • personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Player: means a person who plays a video lottery game on a video lottery terminal at a racetrack licensed by the commission to conduct video lottery games. See West Virginia Code 29-22A-3
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional fund-raising counsel: means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of any charitable organization but who actually solicits no contributions as a part of the services. See West Virginia Code 29-19-2
  • Professional solicitor: means any person who, for a financial or other consideration, solicits contributions for, or on behalf of a charitable organization, whether the solicitation is performed personally or through that person's agents, servants or employees specially employed by, or for a charitable organization, who are engaged in the solicitation of contributions under the direction of that person, or a person who plans, conducts, manages, carries on, advises or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as "professional fund-raising counsel" within the meaning of this article. See West Virginia Code 29-19-2
  • Promotional credits: means credits given by the licensed gaming facility or licensed racetrack to players allowing limited free play of video lottery terminals in total amounts and under conditions approved in advance by the commission. See West Virginia Code 29-25-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualifying borrower: means any individual with disabilities and their family members, guardians, authorized representatives or nonprofit entity who demonstrates that such a loan will improve their independence or become more productive members of the community. See West Virginia Code 29-24-2
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • 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.
  • 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).
  • Respondent: means :

    (1) The person or other entity accused in a complaint of an unfair housing practice. See West Virginia Code 5-11A-3

  • Revolving loan fund: means the technology-related assistance revolving loan fund for individuals with disabilities established in this article. See West Virginia Code 29-24-2
  • rooming house: means a house or building where there are one or more bedrooms which the proprietor can spare for the purpose of giving lodgings to persons he or she chooses to receive. See West Virginia Code 5-11A-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service technician: means a person, employed by a licensed racetrack, who holds a permit issued by the commission and who performs service, maintenance and repair on licensed video lottery terminals in this state. See West Virginia Code 29-22A-3
  • Signature: means any mark, symbol, facsimile, or electronic mark or symbol, that depicts a person's name on any document or record, affixed to the document or record by the person with the intent to authenticate, assert, certify, or agree to the matters, validity, information, or attestation set forth in the document or record. See West Virginia Code 29-19-2
  • solicitation: means the request or appeal, directly or indirectly, for any contribution on the plea or representation that the contribution will be used for a charitable purpose, including, without limitation, the following methods of requesting a contribution:

    (A) Any oral or written request. See West Virginia Code 29-19-2

  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • State Lottery Commission: means the West Virginia Lottery Commission created by article twenty-two of this chapter. See West Virginia Code 29-22A-3
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Technology-related assistance: means either the provision of technology-related devices or technology-related services to improve the independence, quality of life or productive involvement in the community of individuals with disabilities. See West Virginia Code 29-24-2
  • Technology-related device: means any item, piece of equipment or product system, whether acquired commercially off-the-shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of individuals with disabilities. See West Virginia Code 29-24-2
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town or village: is a term of art and shall, notwithstanding the provisions of §. See West Virginia Code 8-1-2
  • track: includes only a facility which was licensed prior to January 1, 1994, to hold horse or dog race meetings, and which conducts not less than two hundred twenty live racing dates for each horse or dog race meeting or such other number of live racing dates as may be approved by the Racing Commission in accordance with the provisions of section twelve-b, article twenty-three, chapter . See West Virginia Code 29-22A-3
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Validation manager: means a person who holds a permit issued by the commission and who performs video lottery ticket redemption services. See West Virginia Code 29-22A-3
  • Venue: The geographical location in which a case is tried.
  • Video lottery: means a lottery which allows a game to be played utilizing an electronic computer and an interactive computer terminal device, equipped with a video screen and keys, a keyboard or other equipment allowing input by an individual player, into which the player inserts coins, currency, vouchers or tokens as consideration in order for play to be available, and through which terminal device the player may receive free games, coins, tokens or credit that can be redeemed for cash, annuitized payments over time, a noncash prize or nothing, as may be determined wholly or predominantly by chance. See West Virginia Code 29-22A-3
  • Video lottery game: means a commission approved, owned and controlled electronically simulated game of chance which is displayed on a video lottery terminal and which:

    (1) Is connected to the commission'. See West Virginia Code 29-22A-3

  • Video lottery game: as used in this article and as used in article twenty-two-a of this chapter, means a commission-approved, -owned and -controlled electronically simulated game of chance which is displayed on a video lottery terminal and which:

    (1) Is connected to the commission'. See West Virginia Code 29-25-2

  • video lottery license: means authorization granted by the commission pursuant to this article to a person permitting that person to engage in the activity for which the license was issued. See West Virginia Code 29-22B-314
  • video lottery license: means authorization granted by the commission to a racetrack which is licensed by the West Virginia Racing Commission to conduct thoroughbred or greyhound racing meetings pursuant to article twenty-three, chapter . See West Virginia Code 29-22A-3
  • Video lottery terminal: means a commission-approved interactive electronic terminal device which is connected with the commission'. See West Virginia Code 29-22A-3
  • Wager: means a sum of money or thing of value risked on an uncertain occurrence. See West Virginia Code 29-22A-3
  • Wager: means a sum of money or thing of value risked on an uncertain occurrence. See West Virginia Code 29-25-2
  • West Virginia Lottery table game: means any game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, poker, craps, roulette, wheel of fortune or any variation of these games similar in design or operation and expressly authorized by rule of the commission, including multiplayer electronic table games, machines and devices, but excluding video lottery, punchboards, faro, numbers tickets, push cards, jar tickets, pull tabs or similar games. See West Virginia Code 29-25-2