Terms Used In West Virginia Code > Chapter 3 > Article 2 - Registration of Voters

• Administration: as used in this article , shall mean any and all undertakings necessary for management, operation or maintenance, in connection with any project, and shall include the leasing of any project (in whole or in part) from the federal government. See West Virginia Code 16-17-7
• Adult: means an individual who is at least 18 years of age. See West Virginia Code 16-19-3
• 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.
• Advisory committee: means the medical advisory committee to the breast and cervical cancer detection and education program coalition established pursuant to the provisions of section five of this article. See West Virginia Code 16-33-2
• 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.
• Agency: means those various agencies, authorities, boards, committees, commissions, or departments of the Department of Health and Human Resources with authority to promulgate legislative rules pursuant to this chapter that regulate health care providers, practitioners, or consumers. See West Virginia Code 16-29E-3
• Agent: means an individual:

  (1) Authorized by a medical power of attorney to make health care decisions on behalf of a prospective donor. See West Virginia Code 16-19-3

• Agricultural purposes: means the activities of:

  (A) Cultivating the soil, including the planting and harvesting of crops, for the commercial production of food, fiber and ornamental woodland products. See West Virginia Code 11-14C-2

• Aircraft: includes any airplane or helicopter. See West Virginia Code 11-14C-2
• all elections: shall include every general, primary, or special election held in this state, or in any of its subdivisions, for the purpose of nominating or electing federal or state officers, or county, city, town or village officers of any subdivision now existing or hereafter created, or for the purpose of electing members of a Constitutional convention, or for voting upon any public question submitted to the people of the state or any of the aforesaid subdivisions. See West Virginia Code 3-1-2
• Alternative fuel: means a combustible gas or liquid that is used or suitable for use as a motor fuel in an internal combustion engine or motor to propel or operate any form of vehicle, machine or mechanical contrivance and includes, but is not limited to, products commonly known as butane, propane, compressed natural gas, liquefied natural gas, liquefied petroleum gas, natural gas hydrocarbons and derivatives, liquid hydrocarbons derived from biomass, P-series fuels and hydrogen. See West Virginia Code 11-14C-2
• Alternative-fuel bulk end user: means a person who maintains storage facilities for alternative fuel and uses part or all of the stored fuel to operate a motor vehicle. See West Virginia Code 11-14C-2
• 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.
• Anatomical gift: means a donation of all or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research, or education. See West Virginia Code 16-19-3
• 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.
• 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.
• Appraisal: A determination of property value.
• 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
• 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.
• Attending physician: means the physician selected by or assigned to the person who has primary responsibility for treatment or care of the person and who is a licensed physician. See West Virginia Code 16-30C-3
• Authority: means the West Virginia Hospital Finance Authority created by section four of this article, the duties, powers, responsibilities and functions of which are specified in this article. See West Virginia Code 16-29A-3
• Authority: means the Health Care Authority created pursuant to the provisions of this article. See West Virginia Code 16-29B-3
• Authorized person: means a person other than the donor who is authorized to make an anatomical gift of the donor's body or part by §. See West Virginia Code 16-19-3
• Aviation fuel: means aviation gasoline or aviation jet fuel. See West Virginia Code 11-14C-2
• Aviation jet fuel: means motor fuel designed for use in the operation of jet or turbo-prop aircraft and sold or used for that purpose. See West Virginia Code 11-14C-2
• 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.
• Blender: means a person who produces blended motor fuel outside the bulk transfer/terminal system. See West Virginia Code 11-14C-2
• board: means a board of health serving one or more counties or one or more municipalities or a combination thereof. See West Virginia Code 16-1-2
• Board: means the West Virginia Hospital Finance Board created by section four of this article, which shall manage and control the authority. See West Virginia Code 16-29A-3
• Board: means the five-member board of directors of the West Virginia Health Care Authority. See West Virginia Code 16-29B-3
• Bond: means a revenue bond issued by the authority to effect the purposes of this article. See West Virginia Code 16-29A-3
• Bulk plant: means a motor fuel storage and distribution facility that is not a terminal and from which motor fuel may be removed at a rack. See West Virginia Code 11-14C-2
• Bulk user: means a person who maintains storage facilities for motor fuel and uses part or all of the stored motor fuel to operate a motor vehicle, watercraft or aircraft. See West Virginia Code 11-14C-2
• Bureau: means the Bureau for Public Health in the department. See West Virginia Code 16-1-2
• Bureau: means the state bureau of public health established pursuant to the provisions of article one of this chapter. See West Virginia Code 16-33-2
• Byproduct material: means (i) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and (ii) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. See West Virginia Code 16-27-1
• Cardiopulmonary resuscitation: means those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. See West Virginia Code 16-30C-3
• Carrier: means an operator of a pipeline or marine vessel engaged in the business of transporting motor fuel above the terminal rack. See West Virginia Code 11-14C-2
• Charges: means the economic value established for accounting purposes of the goods and services a hospital provides for all classes of purchasers. See West Virginia Code 16-29B-3
• 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.
• Code: means the Code of West Virginia, 1931, as amended. See West Virginia Code 11-14C-2
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Legislative Oversight Commission on Health and Human Resources Accountability. See West Virginia Code 16-29E-3
• Commissioner: means the State Tax Commissioner. See West Virginia Code 11-22-1
• Commissioner: means the commissioner of the bureau, who may be designated as the state health officer. See West Virginia Code 16-1-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• community: as used in this article shall mean the governing bodies of the appropriate communities and the appropriate communities cooperating in the planning, undertaking or financing of such project or projects. See West Virginia Code 16-18-18
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Construction: means and includes new construction, reconstruction, enlargement, improvement and providing furnishings or equipment. See West Virginia Code 16-29A-3
• Corporation: means any nonstock, nonprofit corporation to be established under the chapter thirty-one. See West Virginia Code 16-29G-1a
• Covered facility: means a hospital, behavioral health facility, kidney disease treatment center, including a free-standing hemodialysis unit. See West Virginia Code 16-29B-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this article, a fetus. See West Virginia Code 16-19-3
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
• Department: means the Department of Health and Human Resources, and any successor agencies. See West Virginia Code 16-29E-3
• Department: means the Department of Health and Human Resources. See West Virginia Code 16-33-2
• Dependent: A person dependent for support upon another.
• Destination state: means the state, territory or foreign country to which motor fuel is directed for delivery into a storage facility, a receptacle, a container or a type of transportation equipment for the purpose of resale or use. See West Virginia Code 11-14C-2
• Development: as used in this article , shall mean any and all undertakings necessary for the planning, land acquisition, demolition, financing, construction or equipment in connection with a project (including the negotiation or award of contracts therefor), and shall include the acquisition of any project (in whole or in part) from the federal government. See West Virginia Code 16-17-7
• Diesel fuel: means a liquid that is advertised as, offered for sale as, sold for use as, suitable for use as or used as a motor fuel in a diesel-powered highway vehicle or watercraft. See West Virginia Code 11-14C-2
• Director: means the administrative head of the Health Care Authority as set forth in section five-a of this article. See West Virginia Code 16-29B-3
• Director: means the director of the division of health. See West Virginia Code 16-33-2
• Director: means the director of the division of health. See West Virginia Code 16-36-1
• director of health: means the state health officer. See West Virginia Code 16-1-2
• Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of, or another adult who exhibited special care and concern for, an individual who has made, amended, revoked, or refused to make an anatomical gift. See West Virginia Code 16-19-3
• disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of a substance into or on any land, water or air. See West Virginia Code 16-27-1
• Distributor: means a person who acquires motor fuel from a licensed supplier, permissive supplier or from another licensed distributor for subsequent sale or use. See West Virginia Code 11-14C-2
• Diversion: means transporting motor fuel outside a reasonably direct route from the source to the destination state. See West Virginia Code 11-14C-2
• Do-not-resuscitate identification: means a standardized identification necklace, bracelet, card or physician orders for scope of treatment form as set forth in this article that signifies that a do-not-resuscitate order has been issued for the possessor. See West Virginia Code 16-30C-3
• Do-not-resuscitate order: means an order issued by a licensed physician that cardiopulmonary resuscitation should not be administered to a particular person. See West Virginia Code 16-30C-3
• Document: means any deed, or instrument or writing by which any real property within this state or any interest in real property is granted, conveyed or otherwise transferred to the grantee, purchaser or any other person. See West Virginia Code 11-22-1
• Document of gift: means a donor card or other record used to make an anatomical gift. See West Virginia Code 16-19-3
• Donor: The person who makes a gift.
• Donor: means an individual whose body or part is the subject of an anatomical gift. See West Virginia Code 16-19-3
• Donor registry: means a database that contains records of anatomical gifts and amendments to, or revocations, of anatomical gifts. See West Virginia Code 16-19-3
• Dyed diesel fuel: means diesel fuel that meets the dyeing and marking requirements of section 4082, Title 26, United States Code, regardless of how the diesel fuel was dyed. See West Virginia Code 11-14C-2
• Election: shall mean the procedure whereby the voters of this state or any subdivision thereof elect persons to fill public offices, or elect members of a Constitutional convention, or vote on public questions. See West Virginia Code 3-1-2
• 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 services personnel: means paid or volunteer firefighters, law-enforcement officers, emergency medical technicians, paramedics or other emergency services personnel, providers or entities acting within the usual course of their professions. See West Virginia Code 16-30C-3
• Engineering controls: means sharps prevention technology including, but not limited to, systems not using needles and needles with engineered sharps injury protection. See West Virginia Code 16-36-1
• 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.
• Export: means to obtain motor fuel in West Virginia for sale or other distribution in another state, territory or foreign country. See West Virginia Code 11-14C-2
• Exporter: means a person that exports motor fuel from this state. See West Virginia Code 11-14C-2
• Eye bank: means a person licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See West Virginia Code 16-19-3
• Facility: means every hospital licensed under the provisions of article five-b of this chapter. See West Virginia Code 16-36-1
• Federal government: as used in this article , shall mean the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See West Virginia Code 16-17-7
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Fuel: means motor fuel. See West Virginia Code 11-14C-2
• Fuel supply tank: means a receptacle on a motor vehicle from which motor fuel is supplied for the propulsion of the motor vehicle. See West Virginia Code 11-14C-2
• Fund: means the breast and cervical cancer diagnostic and treatment fund. See West Virginia Code 16-33-2
• Gallon: means a unit of liquid measure as customarily used in the United States containing 231 cubic inches by volume and expresses the volume at 60 degrees Fahrenheit. See West Virginia Code 11-14C-2
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See West Virginia Code 16-19-3
• Health care decision: means a decision to give, withhold or withdraw informed consent to any type of health care, including, but not limited to, medical and surgical treatments, including life-prolonging interventions, nursing care, hospitalization, treatment in a nursing home or other extended care facility, home health care and the gift or donation of a body organ or tissue. See West Virginia Code 16-30C-3
• Health care facility: means a facility established to administer and provide health care services and which is commonly known by a wide variety of titles, including, but not limited to, hospitals, medical centers, ambulatory health care facilities, physicians'. See West Virginia Code 16-30C-3
• Health care provider: means a person, partnership, corporation, facility, hospital or institution licensed, certified or authorized by law to provide professional health care service in this state to an individual during this individual'. See West Virginia Code 16-29B-3
• Health care provider: means any physician, dentist, nurse, paramedic, psychologist or other person providing medical, dental, nursing, psychological or other health care services of any kind. See West Virginia Code 16-30C-3
• Health care worker: means any person working in a facility. See West Virginia Code 16-36-1
• Highway: means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in this state including the streets and alleys in towns and cities. See West Virginia Code 11-14C-2
• Highway vehicle: means any self-propelled vehicle, trailer or semitrailer that is designed or used for transporting persons or property over the public highway and includes all vehicles subject to registration under article three, chapter . See West Virginia Code 11-14C-2
• Home: means any place of residence other than a health care facility and includes residential board and care homes and personal care homes. See West Virginia Code 16-30C-3
• Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See West Virginia Code 16-19-3
• Hospital: means a corporation, association, institution or establishment for the care of those who require medical treatment, which may be a public or private corporation or association, or state-owned or operated establishment and specifically includes nursing homes which are licensed under chapter sixteen of this code or those facilities certified under the Social Security Act as intermediate care facilities for individuals with an intellectual disability. See West Virginia Code 16-29A-3
• Hospital: means a facility subject to licensure as such under the provisions of article five-b of this chapter, and any acute care facility operated by the state government which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons, and does not include state mental health facilities or state long-term care facilities. See West Virginia Code 16-29B-3
• Hospital facilities: means any real or personal property suitable and intended for, or incidental or ancillary to, use by a hospital and includes: Outpatient clinics. See West Virginia Code 16-29A-3
• Hospital loan: means a loan made by the authority to a hospital and specifically includes financings by the authority for hospital facilities pursuant to lease-purchase agreements, installment sale or other similar agreements. See West Virginia Code 16-29A-3
• Housing authority: as used in this article , shall mean any housing authority established or hereafter established pursuant to chapter ninety-three, acts of the Legislature of West Virginia, second extraordinary session, 1933, and any amendments thereto. See West Virginia Code 16-17-7
• Hunting or fishing license: means a license issued by the Division of Natural Resources pursuant to §. See West Virginia Code 16-19-3
• Identification card: means an identification card issued by the Division of Motor Vehicles pursuant to §. See West Virginia Code 16-19-3
• Import: means to bring motor fuel into this state by motor vehicle, marine vessel, pipeline or any other means. See West Virginia Code 11-14C-2
• Importer: means a person that imports motor fuel into this state. See West Virginia Code 11-14C-2
• In this state: means the area within the borders of West Virginia including all territory within the borders of West Virginia that is owned by the United States of America. See West Virginia Code 11-14C-2
• 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}
• Invoiced gallons: means the gallons actually billed on an invoice for payment. See West Virginia Code 11-14C-2
• 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.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Know: means to have actual knowledge. See West Virginia Code 16-19-3
• Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Licensee: means a person licensed by the commissioner pursuant to section ten of this article. See West Virginia Code 11-14C-2
• Limited liability company: means a limited liability company organized under the laws of this state, the United States or by any other state, territory or the District of Columbia. See West Virginia Code 11-22-1
• Low-level waste: means radioactive waste that:

  (A) Is neither high-level waste or transuranic, nor spent nuclear fuel, nor by-product material as defined in section 11 (e)(2) of the Atomic Energy Act of 1954, as amended. See West Virginia Code 16-27-1

• medical examiner: includes any person designated by the medical examiner to perform any duties required by this article. See West Virginia Code 16-19-3
• Minor: means an individual who is under 18 years of age. See West Virginia Code 16-19-3
• Motor fuel: means gasoline, blended fuel, aviation fuel, any special fuel and alternative fuel. See West Virginia Code 11-14C-2
• Motor fuel transporter: means a person who transports motor fuel outside the bulk transfer/terminal system by means of a transport vehicle, a railroad tank car or a marine vessel. See West Virginia Code 11-14C-2
• Needlestick injury: means the parenteral introduction into the body of a health care worker, during the performance of his or her duties, of blood or other potentially infectious material by a hollow-bore needle or sharp instrument, including, but not limited to, needles, lancets, scalpels and contaminated broken glass. See West Virginia Code 16-36-1
• Net gallons: means the amount of motor fuel measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch. See West Virginia Code 11-14C-2
• Network: means the West Virginia Health Information Network. See West Virginia Code 16-29G-1a
• Network account: means the West Virginia Health Information Network Account. See West Virginia Code 16-29G-1a
• Note: means a short-term promise to pay a specified amount of money, payable and secured as provided pursuant to this article and issued by the authority to effect the purposes of this article. See West Virginia Code 16-29A-3
• Oath: A promise to tell the truth.
• 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
• 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
• Office: shall be construed to mean "public office" which shall include (1) any elective office provided for by the Constitution or laws of the United States or of this state to which a salary or other compensation attaches, and (2) membership in a Constitutional convention. See West Virginia Code 3-1-2
• Organ procurement organization: means a nonprofit entity designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization pursuant to 42 U. See West Virginia Code 16-19-3
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means another person's natural or adoptive mother or father whose parental rights have not been terminated by a court of law. See West Virginia Code 16-19-3
• Part: means an organ, an eye, or tissue of a human being. See West Virginia Code 16-19-3
• 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.
• Permissive supplier: is a person who may not be subject to the taxing jurisdiction of this state but who meets both of the following requirements: (A) Is registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal system. See West Virginia Code 11-14C-2
• Person: means every natural person, association or corporation. See West Virginia Code 11-22-1
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See West Virginia Code 16-19-3
• Person: means an individual, trust, estate, partnership, committee, corporation, association or other organization such as a joint stock company, a state or political subdivision or instrumentality thereof or any legal entity recognized by the state. See West Virginia Code 16-29B-3
• Person: means an individual, firm, cooperative, association, corporation, limited liability corporation, estate, guardian, executor, administrator, trust, business trust, syndicate, partnership, limited partnership, copartnership, organization, limited liability partnership, joint venture, receiver and trustee in bankruptcy. See West Virginia Code 11-14C-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
• Persons engaged in national defense activities: as used in this article , shall include: Enlisted men in the military and naval services of the United States and employees of the war and navy departments assigned to duty at military or naval reservations, posts or bases. See West Virginia Code 16-17-7
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See West Virginia Code 16-19-3
• Physician assistant: has the meaning provided in §. See West Virginia Code 16-19-3
• Position holder: means the person who holds the inventory position in motor fuel in a terminal as reflected on the records of the terminal operator. See West Virginia Code 11-14C-2
• 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}
• 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.
• 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.
• Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See West Virginia Code 16-19-3
• Producer: means the person who is actually engaged in the agriculture, horticulture and grazing which gives existence and fruition to products of agriculture as distinguished from the broker or middleman. See West Virginia Code 11-5-3
• Project costs: includes , but is not limited to, all of the following costs: The costs of acquisition or construction of the hospital facilities. See West Virginia Code 16-29A-3
• Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See West Virginia Code 16-19-3
• Provider: means a physician, hospital or medical provider currently licensed, operating or practicing in this state. See West Virginia Code 16-33-2
• Provider of alternative fuel: means a person who does one or more of the following:

  (A) Acquires alternative fuel for sale or delivery to an alternative-fuel bulk end user or an alternative-fuel retailer. See West Virginia Code 11-14C-2

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified physician: means a physician licensed to practice medicine who has personally examined the person. See West Virginia Code 16-30C-3
• Rack: means a mechanism for delivering motor fuel from a refinery, terminal, marine vessel or bulk plant into a transport vehicle, railroad tank car or other means of transfer that is outside the bulk transfer/terminal system. See West Virginia Code 11-14C-2
• Radioactive waste material: means any discarded radioactive material in the form of, or resulting from the use of, any byproduct material, source material or special nuclear material and includes low-level waste. See West Virginia Code 16-27-1
• Rates: means all value given or money payable to health care providers for health care services, including fees, charges and cost reimbursements. See West Virginia Code 16-29B-3
• 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
• Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See West Virginia Code 16-19-3
• Receive: means acquisition of ownership or possession of motor fuel. See West Virginia Code 11-14C-2
• Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See West Virginia Code 16-19-3
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See West Virginia Code 16-19-3
• Records: means accounts, books and other data related to health care costs at health care facilities subject to the provisions of this article which do not include privileged medical information, individual personal data, confidential information, the disclosure of which is prohibited by other provisions of this code and the laws enacted by the federal government, and information, the disclosure of which would be an invasion of privacy. See West Virginia Code 16-29B-3
• redevelopment: as used in this article (except in this section and in the definition of "redevelopment project" in section three shall mean "urban renewal" and the word "slum" and the word "blighted" as used in this article (except in this section and in the definitions in section three) shall mean "blighted, deteriorated, or deteriorating" and the finding prescribed in subsection (b) of section four with respect to a blighted area shall not be a required: Provided further, That any disaster area referred to in section twenty-five (b) shall constitute a "blighted area. See West Virginia Code 16-18-27
• Refusal: means a record created under §. See West Virginia Code 16-19-3
• Related organization: means an organization, whether publicly owned, nonprofit, tax-exempt or for profit, related to a health care provider through common membership, governing bodies, trustees, officers, stock ownership, family members, partners or limited partners including, but not limited to, subsidiaries, foundations, related corporations and joint ventures. See West Virginia Code 16-29B-3
• 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.
• Removal: means a physical transfer other than by evaporation, loss or destruction. See West Virginia Code 11-14C-2
• Representative: means a person designated by a principal to make health care decisions in accordance with article thirty-a of this chapter. See West Virginia Code 16-30C-3
• Retailer: means a person who sells motor fuel at retail or dispenses motor fuel at a retail location. See West Virginia Code 11-14C-2
• Revenue: means any money or thing of value collected by, or paid to, the authority as principal of or interest, charges or other fees on hospital loans or any other collections on hospital loans made by the authority to hospitals to finance, in whole or in part, the acquisition or construction of any hospital facilities or other money or property which is received and may be expended for or pledged as revenues pursuant to this article. See West Virginia Code 16-29A-3
• Revocation: means the affirmative declaration of the potential donor's withdrawal of their decision to make or not make a document of gift. See West Virginia Code 16-19-3
• Secretary: means the secretary of the Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "secretary" means the secretary of the Department of Health. See West Virginia Code 16-1-2
• Secretary: means the Secretary of the Department of Health and Human Resources. See West Virginia Code 16-29B-3
• 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.
• Sharps: means hollow-bore needles or sharp instruments, including, but not limited to, needles, lancets and scalpels. See West Virginia Code 16-36-1
• Sign: means to execute or adopt a tangible symbol or attach to or logically associate with the record an electronic symbol, sound or process, with the present intent to authenticate or adopt a record. See West Virginia Code 16-19-3
• Source material: means (i) uranium or thorium, or any combination thereof, in any physical or chemical form. See West Virginia Code 16-27-1
• Special nuclear material: means (i) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235. See West Virginia Code 16-27-1
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 16-19-3
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• storage: means the containment of a substance, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal or transportation. See West Virginia Code 16-27-1
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Supplier: means a person that is:

  (A) Subject to the general taxing jurisdiction of this state. See West Virginia Code 11-14C-2

• Surrogate: means an individual 18 years of age or older who is reasonably available, is willing to make health care decisions on behalf of an incapacitated person, possesses the capacity to make health care decisions, and is identified or selected by the attending physician or advanced nurse practitioner in accordance with §. See West Virginia Code 16-19-3
• surrogate: means an individual eighteen years of age or older who is reasonably available, is willing to make health care decisions on behalf of an incapacitated person, possesses the capacity to make health care decisions and is identified or selected by the attending physician or advanced nurse practitioner in accordance with applicable provisions of article thirty of this chapter as the person or persons who is to make decisions pursuant to this article: Provided, That a representative named in the incapacitated person'. See West Virginia Code 16-30C-3
• Tax Commissioner: means the West Virginia State Tax Commissioner or his or her delegate. See West Virginia Code 11-14C-2
• Tax year: means the calendar year following the July first assessment day or, in the case of a public service business assessed pursuant to article six of this chapter, the calendar year beginning on the January first assessment day. See West Virginia Code 11-5-3
• Taxpayer: means a person required to file a return for the tax imposed by this article or a person liable for payment of the tax imposed by this article. See West Virginia Code 11-14C-2
• technician: includes an enucleator, i. See West Virginia Code 16-19-3
• Terminal: means a motor fuel storage and distribution facility to which a terminal control number has been assigned by the Internal Revenue Service, to which motor fuel is supplied by pipeline or marine vessel and from which motor fuel may be removed at a rack. See West Virginia Code 11-14C-2
• Terminal operator: means a person who owns, operates or otherwise controls a terminal. See West Virginia Code 11-14C-2
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party payor: means any natural person, person, corporation or government entity responsible for payment for patient care services rendered by health care providers. See West Virginia Code 16-29B-3
• this article: means article fourteen-c, chapter . See West Virginia Code 11-14C-2
• this state: means the State of West Virginia. See West Virginia Code 11-14C-2
• Tissue: means a portion of the human body other than an organ or an eye. See West Virginia Code 16-19-3
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See West Virginia Code 16-19-3
• 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.
• Transaction: means the delivering, accepting or presenting for recording of a document. See West Virginia Code 11-22-1
• Transport vehicle: means a vehicle designed or used to carry motor fuel over the highway and includes a straight truck, a straight truck/trailer combination and a semitrailer combination rig. See West Virginia Code 11-14C-2
• transportation: means any movement of a substance and any loading, unloading or storage incidental thereto. See West Virginia Code 16-27-1
• Trauma: means blunt or penetrating bodily injuries from impact which occur in situations, including, but not limited to, motor vehicle collisions, mass casualty incidents and industrial accidents. See West Virginia Code 16-30C-3
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unserved or underserved populations: means persons having inadequate access and financial resources to obtain breast and cervical cancer screening and detection services, including persons who lack health insurance or whose health insurance coverage. See West Virginia Code 16-33-2
• urban renewal plan: means a plan, as it exists from time to time, for an urban renewal project, which plan (1) shall conform to the general plan for the community as a whole, except as provided for disaster areas, and (2) shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan'. See West Virginia Code 16-18-26
• Use: means the actual consumption or receipt of motor fuel by a person into a motor vehicle, aircraft or watercraft. See West Virginia Code 11-14C-2
• Venue: The geographical location in which a case is tried.
• Voter: shall mean any person who possesses the statutory and Constitutional qualifications for voting. See West Virginia Code 3-1-2
• Watercraft: means any vehicle used on waterways. See West Virginia Code 11-14C-2