Terms Used In West Virginia Code > Chapter 5 > Article 11 - Human Rights Commission

• Administrator: means any person who fills a statutorily created position within or related to an agency or board (other than a board member) and who is designated by statute as commissioner, deputy commissioner, assistant commissioner, director, chancellor, chief, executive director, executive secretary, superintendent, deputy superintendent or other administrative title, however designated. See West Virginia Code 29-6-2
• 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.
• age: means the age of forty or above. See West Virginia Code 5-11-3
• Agency: means any administrative unit of state government, including any authority, board, bureau, commission, committee, council, division, section or office. See West Virginia Code 29-6-2
• Agricultural and wildlife fireworks: means fireworks devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or the Division of Natural Resources of this state. See West Virginia Code 29-3E-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.
• Amusement park: means any person or organization which holds a permit for the operation of an amusement ride or amusement attraction under article ten, chapter . See West Virginia Code 29-3E-2
• 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.
• Appointing authority: means a person or group of persons authorized by an agency to make appointments to positions in the classified or classified-exempt service. See West Virginia Code 29-6-2
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Board: means the state Personnel Board created by section six of this article. See West Virginia Code 29-6-2
• Board: means the state Board of Risk and Insurance Management. See West Virginia Code 29-12-2
• Board: means the state Board of Risk and Insurance Management. See West Virginia Code 29-12B-3
• boxing: includes any fighting event that includes or permits the striking of an opponent with a closed fist, even if wrestling moves, elements of martial arts, or striking an opponent with the feet are also permitted. See West Virginia Code 29-5A-3
• Certified electrical inspector: means a person who is certified by the state Fire Marshal as qualified to perform electrical inspections. See West Virginia Code 29-3C-2
• Classification plan: means the plan by which positions in the classified service and classified-exempt service have been allocated by class. See West Virginia Code 29-6-2
• Classified service: means an employee whose job satisfies the definitions for "class" and "classify" and who is covered under the civil service system. See West Virginia Code 29-6-2
• Classified-exempt service: means an employee whose position satisfies the definitions for "class" and "classify" but who is not covered under the civil service system or employed by the higher education governing boards. See West Virginia Code 29-6-2
• commission: means the West Virginia Human Rights Commission. See West Virginia Code 5-11-3
• commission: when used in this article, shall refer to and mean the state personnel board. See West Virginia Code 29-6-9
• Company: means and includes corporations, associations, partnerships and individuals. See West Virginia Code 29-12-2
• 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.
• Consumer fireworks: means small fireworks devices that are designed to produce visible effects by combustion that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C. See West Virginia Code 29-3E-2
• Consumer fireworks certificate: means a certificate issued under section five of this article. See West Virginia Code 29-3E-2
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Damper: means a fire damper, smoke damper, or combination fire/smoke damper. See West Virginia Code 29-3D-2
• Damper work: means to install, test, maintain, or repair a damper. See West Virginia Code 29-3D-2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• director: means the executive director of the commission. See West Virginia Code 5-11-3
• Director: means the head of the Division of Personnel as appointed by section seven of this article. See West Virginia Code 29-6-2
• disability: means :

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

• discrimination: means to exclude from, or fail or refuse to extend to, a person equal opportunities because of race, religion, color, national origin, ancestry, sex, age, blindness, disability or familial status and includes to separate or segregate. See West Virginia Code 5-11-3
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Display fireworks: means large fireworks to be used solely by professional pyro-technicians licensed by the State Fire Marshal and designed primarily to produce visible or audible effects by combustion, deflagration or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334, or UN0335 under 49 C. See West Virginia Code 29-3E-2
• Division: means the Division of Personnel herein created. See West Virginia Code 29-6-2
• Docket: A log containing brief entries of court proceedings.
• Electrical inspection: means any inspection required by this code and any inspection of a building to which electrical service is connected, wherein the inspector certifies that the electrical system in the building is in compliance with the national electrical code, state fire code and the state building code. See West Virginia Code 29-3C-2
• Electrical work: means the installation of wires, conduits, apparatus, fixtures, other appliances, equipment, or systems for transmitting, carrying, controlling, or using electricity as defined in the scope of the national electric code. See West Virginia Code 29-3B-2
• Employee: includes any elected or appointed official of a political subdivision. See West Virginia Code 29-12A-3
• employer: means the state, or any political subdivision thereof, and any person employing twelve or more persons within the state for twenty or more calendar weeks in the calendar year in which the act of discrimination allegedly took place or the preceding calendar year: Provided, That such terms shall not be taken, understood or construed to include a private club. See West Virginia Code 5-11-3
• employment agency: includes any person undertaking, with or without compensation, to procure, recruit, refer or place employees. See West Virginia Code 5-11-3
• 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.
• 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.
• Fire damper: means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flame. See West Virginia Code 29-3D-2
• Fire Marshal: means the State Fire Marshal. See West Virginia Code 29-3E-2
• Fire protection layout technician: is a n individual who has achieved National Institute for Certification in Engineering Technologies (NICET) Level III, or has achieved from the National Fire Protection Association a certification in Certified Water Based Systems Professional (CWBSP), or has passed an exam approved by the state Fire Marshal from the National Inspection Testing Certification (NITC) organization, or higher certification as recognized by the state Fire Marshal, and who has the knowledge, experience, and skills necessary to lay out fire protection systems based on engineering design documents. See West Virginia Code 29-3D-2
• Fire protection work: means the installation, alteration, extension, maintenance, or testing of all piping, materials, and equipment inside a building, including the use of shop drawings prepared by a fire protection layout technician, in connection with the discharge of water, other special fluids, chemicals, or gases, and backflow preventers for fire protection for the express purpose of extinguishing or controlling fire. See West Virginia Code 29-3D-2
• fireworks: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. See West Virginia Code 29-3E-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.
• 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}
• 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
• Health care provider: means :

  (1) A person licensed by the West Virginia Board of Medicine to practice medicine in this state. See West Virginia Code 29-12B-3

• High risk: means the probability of loss is greater than average based on criteria specified in this article and established by the board. See West Virginia Code 29-12B-3
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurance: means all forms of insurance and bonding services available for protection and indemnification of the state and its officials, employees, properties, activities and responsibilities against loss or damage or liability, including fire, marine, casualty, and surety insurance. See West Virginia Code 29-12-2
• 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.
• Journeyman electrician: means a person qualified by at least one year of electrical work experience to do any work installing wires, conduits, apparatus, equipment, fixtures, and other appliances, provided that this classification is not authorized to design electrical systems. See West Virginia Code 29-3B-2
• Journeyman sprinkler fitter: means a person qualified by at least 2,000 hours of work experience installing, adjusting, repairing, and dismantling fire protection systems and who is competent to instruct and supervise fire protection work: Provided, That current license renewal exemptions to examinations apply. See West Virginia Code 29-3D-2
• labor organization: includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or for other mutual aid or protection in relation to employment. See West Virginia Code 5-11-3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a valid and current certificate of competency issued by the state Fire Marshal. See West Virginia Code 29-3B-2
• License: means a valid and current license issued by the State Fire Marshal in accordance with the provisions of this article. See West Virginia Code 29-3D-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• major life activities: includes functions such as caring for one'. See West Virginia Code 5-11-3
• Master electrician: means a person with at least two years of electrical work experience, including experience in all phases of electrical wiring and installation, who is competent to design electrical systems, and to instruct and supervise the electrical work of journeyman electricians, and other related workers. See West Virginia Code 29-3B-2
• mixed martial arts: means a combative sporting contest, the rules of which allow two competitors to attempt to achieve dominance over one another by utilizing a variety of techniques including, but not limited to, striking, grappling, and the application of submission holds. See West Virginia Code 29-5A-3a
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means any incorporated city, town or village and all institutions, agencies or instrumentalities of a municipality. See West Virginia Code 29-12A-3
• New explosive: means that term as defined in 49 C. See West Virginia Code 29-3E-2
• Novelties: means that term as defined under APA standard 87-1, section 3. See West Virginia Code 29-3E-2
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Permanent: means that term as defined in NFPA 1124. See West Virginia Code 29-3E-2
• person: means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons. See West Virginia Code 5-11-3
• Person: means an individual or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit. See West Virginia Code 29-3E-2
• place of public accommodations: means any establishment or person, as defined herein, including the state, or any political or civil subdivision thereof, which offers its services, goods, facilities or accommodations to the general public, but shall not include any accommodations which are in their nature private. See West Virginia Code 5-11-3
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Political subdivision: means any county commission, municipality and county board of education. See West Virginia Code 29-12A-3
• Position: means a particular job which has been classified based on specifications. See West Virginia Code 29-6-2
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public display of fireworks: means a public entertainment feature that is advertised to the general public or is on public property that includes the display or discharge of fireworks. See West Virginia Code 29-3E-2
• Pyrotechnic composition: means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. See West Virginia Code 29-3E-2
• Quorum: The number of legislators that must be present to do business.
• Retailer: means a person who purchases consumer fireworks for resale to consumers. See West Virginia Code 29-3E-2
• Retroactive date: means the date designated in the policy declarations, before which coverage is not applicable. See West Virginia Code 29-12B-3
• Scope of employment: means performance by an employee acting in good faith within the duties of his or her office or employment or tasks lawfully assigned by a competent authority but does not include corruption or fraud. See West Virginia Code 29-12A-3
• Secretary: means the Secretary of the Department of Administration created in section two, article one, chapter . See West Virginia Code 29-6-2
• 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.
• Sexual acts: means that sexual conduct which constitutes a criminal or tortious act under the laws of West Virginia. See West Virginia Code 29-12B-3
• Single family dwelling: means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons. See West Virginia Code 29-3D-2
• Smoke damper: means a device within an operating (dynamic) air distribution system to control the movement of smoke. See West Virginia Code 29-3D-2
• Sparkling devices: means "ground or handheld sparkling devices" as that phrase is defined under APA 87-1, sections 3. See West Virginia Code 29-3E-2
• Special effects: means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production or live entertainment. See West Virginia Code 29-3E-2
• Specialty electrician: means a person qualified to perform electrical work in a limited or specialized area. See West Virginia Code 29-3B-2
• State: means the State of West Virginia, including, but not limited to, the Legislature, the Supreme Court of Appeals, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges, and universities, institutions, and other instrumentalities of the State of West Virginia. See West Virginia Code 29-12A-3
• State property: means all property belonging to the State of West Virginia and any boards or commissions thereof wherever situated and which is the subject of risk or reasonably considered to be subject to loss or damage or liability by any single occurrence of any event insured against. See West Virginia Code 29-12-2
• state responsibilities: means and includes all operations, boards, commissions, works, projects and functions of the state, its properties, officials, agents and employees which, within the scope and in the course of governmental employment, may be subject to liability, loss, damage, risks and hazards recognized to be and normally included within insurance and bond coverages. See West Virginia Code 29-12-2
• 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.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
• Temporary: means that term as defined in NFPA 1124. See West Virginia Code 29-3E-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: 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
• Toy caps: means that term as defined under APA 87-1, section 3. See West Virginia Code 29-3E-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• unlawful discriminatory practices: includes only those practices specified in section nine of this article. See West Virginia Code 5-11-3
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Veteran: means any person who has served in the Armed Forces of the United States of America during World War I (April 6, 1917--November 11, 1918), World War II (December 7, 1941--December 31, 1946), the Korean Conflict (June 27, 1950--January 31, 1955), the Vietnam Conflict (August 5, 1964--May 7, 1975) or in a campaign, expedition or conflict for which a campaign badge has been authorized and received by such person and who has received a discharge under honorable conditions from such service. See West Virginia Code 29-6-2
• 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