Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-35-3 - Definitions3.1. "Act" means the Weights and Measures Act, W. Va. Code § 47-1-1et seq.3.2. "Certificate of registration" means the document issued by the Division of Labor upon receipt of a complete application from a service person or service agency.3.3. "Complete application" means the document issued by the Division of Labor upon receipt of a complete application from a service person or service agency.3.4. "Commissioner" means the Commissioner of the Division of Labor and his or her authorized representatives.3.5. "Days" means business days, unless stated otherwise.3.6. "Device" means and includes any instrument, apparatus or piece of equipment that is commercially used to weigh or measure goods or products.3.7. "Division" means the West Virginia Division of Labor.3.8. "Emergency" means an unforeseen event requiring immediate attention that occurs after the Division's normal business hours.3.9. "National Institute of Standards and Technology" or "NIST" is an agency of the United States Department of Commerce located at 100 Bureau Drive, Gaithersburg, MD 20899. Its website is www.nist.gov.3.10. "Normal business hours" means Monday through Friday between the hours of 8:00 am and 5:00 pm, excluding legal holidays as defined in W. Va. Code § 2-2-1 or states of emergency as declared by the President of the United States or the Governor of West Virginia.3.11. "Notice of Device Rejection" means the Division of Labor Form 301 that is given to a business identifying a specific device that has been found, after testing, to be out of compliance with required specifications or tolerances.3.12. "Placed in Service Report" means the Division of Labor Form 301B that authorizes the placement in service of a newly installed device or the restoration to service of a rejected device.3.13. "Request for Assistance Number" or "RFA Number" means the number assigned by the Division of Labor to track the status of a consumer complaint or actions taken by a registered service person or registered service agency.3.14. "Security seal" means a physical seal or an audit trail counter.3.15. "Service agency" means a business that installs, services, repairs or reconditions commercial weighing or measuring devices.3.16. "Service person" means an individual who, for compensation, installs, services, repairs or reconditions commercial weighing or measuring devices.3.17. "Weights and Measures Section" means the section within the Division of Labor primarily responsible for the weights and measures programs.