Terms Used In West Virginia Code > Chapter 19 > Article 12D - West Virginia Noxious Weed Act

• Commissioner: means the commissioner of agriculture of the State of West Virginia and his duly authorized representatives. See West Virginia Code 19-12D-3
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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.
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Infested: means the establishment of a noxious weed or exposure to such weed in a way creating reasonable certainty that establishment will occur. See West Virginia Code 19-12D-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Move: means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move or allow to be moved. See West Virginia Code 19-12D-3
• Noxious weed: means any living plant, or part thereof, declared by the commissioner, after public hearing, to be detrimental to crops, other desirable plants, waterways, livestock, land or other property, or to be injurious to public health or the economy. See West Virginia Code 19-12D-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means a document issued by the commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes. See West Virginia Code 19-12D-3
• Person: means any individual or combination of individuals, partnership, corporation, company, society, association, firm, or other business entity and each officer, agent or employee thereof. See West Virginia Code 19-12D-3
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quarantine: means a legal declaration by the commissioner specifying:

  (1) The common and scientific name of the noxious weed. See West Virginia Code 19-12D-3

• Reasonable notification: means at least forty-eight hours. See West Virginia Code 19-12D-3
• Regulated article: means any article of any character which is transporting or which is capable of transporting any noxious weed. See West Virginia Code 19-12D-3
• 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
• 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.