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WV Code § 29A-7-1 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 7. General Provisions|§29A-7-1. Limitations on Certain Administrative Powers

No process, requirement of a report, inspection, or other investigative act or demand shall be issued, made, or enforced in any manner or for any purpose except as authorized by law.
WV Code § 29A-7-2 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 7. General Provisions|§29A-7-2. Notice Generally

Whenever an agency or person is authorized or required to give any notice under this chapter, unless a different method of giving such notice is otherwise expressly permitted or prescribed, such notice shall be given either by personal delivery thereof to the agency or person to be so notified, or by depositing such notice in the United States mail, postage prepaid, in an envelope addressed to such agency or person at the last-known address of such agency or person. Proof of the giving of notice in either such manner may be made by the affidavit of any officer or assistant or employee of the agency, or by affidavit of any person over eighteen years of age, naming the agency or person to which or to whom such notice was given and specifying the time, place and manner of the giving thereof.
WV Code § 29A-7-3 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 7. General Provisions|§29A-7-3. Repeals; Subsequent Legislation

All acts or parts of acts which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency, but such repeal shall not affect pending proceedings. No subsequent legislation shall be held to supersede or modify the provisions of this chapter except to the extent that such legislation shall do so specifically and expressly.
WV Code § 29A-7-4 (2021)
2021 West Virginia Code|Chapter 29A. State Administrative Procedures Act|Article 7. General Provisions|§29A-7-4. Construction and Effect; Severability of Provisions

Nothing in this chapter shall be held to limit or repeal additional requirements imposed by statute or otherwise recognized by law. No procedural requirement shall be mandatory as to any agency proceeding initiated prior to the effective date of this chapter. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or its application, and to this end the provisions of this chapter are declared to be severable.
WV Code § 29B-1-1 (2021)
2021 West Virginia Code|Chapter 29B. Freedom of Information|Article 1. Public Records|§29B-1-1. Declaration of Policy

Pursuant to the fundamental philosophy of the American Constitutional form of representative government which holds to the principle that government is the servant of the people, and not the master of them, it is hereby declared to be the public policy of the State of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created. To that end, the provisions of this article shall be liberally construed with the view of carrying out the above declaration of public policy.
WV Code § 29B-1-2 (2021)
2021 West Virginia Code|Chapter 29B. Freedom of Information|Article 1. Public Records|§29B-1-2. Definitions

As used in this article:(1) "Custodian" means the elected or appointed official charged with administering a public body.(2) "Law-enforcement officer" shall have the same definition as this term is defined in W.Va. Code 30-29-1: Provided, That for purposes of this article, "law-enforcement officer" shall additionally include those individuals defined as "chief executive" in W.Va. Code 30-29-1. (3) "Person" includes any natural person, corporation, partnership, firm or association. (4) "Public body" means every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission council or agency thereof; and any other body which is created by state or local authority or which is primarily funded by the state or local authority. (5) "Public record" includes any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the publics business. (6) "Writing" includes any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics.(7) "Publicly-administered utility enterprise" includes electric power generation, transmission, and distribution systems; water supply and distribution systems; wastewater including stormwater collection, treatment, and disposal systems of all types; public transportation systems; solid waste collection and disposal systems and facilities; or other public entity providing utility services, excluding airports, which are owned or administered by a governmental entity.
WV Code § 29B-1-3 (2021)
2021 West Virginia Code|Chapter 29B. Freedom of Information|Article 1. Public Records|§29B-1-3. Inspection and Copying of Public Record; Requests of Freedom of Information Act Requests Registry

(a) Every person has a right to inspect or copy any public record of a public body in this state, except as otherwise expressly provided by section four of this article.(b) A request to inspect or copy any public record of a public body shall be made directly to the custodian of such public record.(c) The custodian of any public records, unless otherwise expressly provided by statute, shall furnish proper and reasonable opportunities for inspection and examination of the records in his or her office and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them. The custodian of the records may make reasonable rules and regulations necessary for the protection of the records and to prevent interference with the regular discharge of his or her duties. If the records requested exist in magnetic, electronic or computer form, the custodian of the records shall make copies available on magnetic or electronic media, if so requested.(d) All requests for information must state with reasonable specificity the information sought. The custodian, upon demand for records made under this statute, shall as soon as is practicable but within a maximum of five days not including Saturdays, Sundays or legal holidays:(1) Furnish copies of the requested information;(2) Advise the person making the request of the time and place at which he or she may inspect and copy the materials; or(3) Deny the request stating in writing the reasons for such denial. A denial shall indicate that the responsibility of the custodian of any public records or public body to produce the requested records or documents is at an end, and shall afford the person requesting them the opportunity to institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept.(e) The public body may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of records. A public body may not charge a search or retrieval fee or otherwise seek reimbursement based on a man-hour basis as part of costs associated with making reproduction of records.(f) The Secretary of State shall maintain an electronic data base of notices of requests as required by section three-a of this article. The database shall be made available to the public via the Internet and shall list each freedom of information request received and the outcome of the request. The Secretary of State shall provide on the website a form for use by a public body to report the results of the freedom of information request, providing the nature of the request and the public body's response thereto, whether the request was granted, and if not, the exemption asserted under section four of this article to deny the request.
WV Code § 29B-1-3a (2021)
2021 West Virginia Code|Chapter 29B. Freedom of Information|Article 1. Public Records|§29B-1-3a. Reports to Secretary of State by Public Bodies

(a) Beginning January 1, 2016, each public body that is in receipt of a freedom of information request shall provide information to the Secretary of State relating to, at a minimum, the nature of the request, the nature of the public body's response, the time-frame that was necessary to comply in full with the request; and the amount of reimbursement charged to the requester for the freedom of information request: Provided, That the public body shall not provide to the Secretary of State the public records that were the subject of the FOIA request.(b) Pursuant to article three, chapter twenty-nine-a of this code, the Secretary of State shall propose rules and emergency rules for legislative approval relating to the creation and maintenance of a publically accessible database available on the Secretary of State's website; the establishment of forms and procedures for submission of information to the Secretary of State by the public body; and for other procedures and policies consistent with this section.
WV Code § 29B-1-5 (2021)
2021 West Virginia Code|Chapter 29B. Freedom of Information|Article 1. Public Records|§29B-1-5. Enforcement

(1) Any person denied the right to inspect the public record of a public body may institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept.(2) In any suit filed under subsection one of this section, the court has jurisdiction to enjoin the custodian or public body from withholding records and to order the production of any records improperly withheld from the person seeking disclosure. The court shall determine the matter de novo and the burden is on the public body to sustain its action. The court, on its own motion, may view the documents in controversy in camera before reaching a decision. Any custodian of any public records of the public body found to be in noncompliance with the order of the court to produce the documents or disclose the information sought, may be punished as being in contempt of court.(3) Except as to causes the court considers of greater importance, proceedings arising under subsection one of this section shall be assigned for hearing and trial at the earliest practicable date.
WV Code § 29B-1-6 (2021)
2021 West Virginia Code|Chapter 29B. Freedom of Information|Article 1. Public Records|§29B-1-6. Violation of Article; Penalties

Any custodian of any public records who willfully violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000, or be imprisoned in the county jail for not more than twenty days, or, in the discretion of the court, by both fine and imprisonment.
WV Code § 29B-1-7 (2021)
2021 West Virginia Code|Chapter 29B. Freedom of Information|Article 1. Public Records|§29B-1-7. Attorney Fees and Costs

Any person who is denied access to public records requested pursuant to this article and who successfully brings a suit filed pursuant to section five of this article shall be entitled to recover his or her attorney fees and court costs from the public body that denied him or her access to the records.
WV Code § 29C-2-101 (2021)
2021 West Virginia Code|Chapter 29C. Uniform Notary Act|Article 2. Appointment Provisions|§29C-2-101. Appointment

(a) Upon application under this chapter, the Governor may appoint and commission persons as a notary public in this state.(b) The Governor may not appoint and commission as a notary public any person who submits an application containing substantial and material misstatement or omission of fact.(c) The Secretary of State shall administer the chapter and may issue rules and regulations, in accordance with the provisions of chapter twenty-nine-a, to make the chapter effective.
WV Code § 29C-2-102 (2021)
2021 West Virginia Code|Chapter 29C. Uniform Notary Act|Article 2. Appointment Provisions|§29C-2-102. Jurisdiction and Term

Notaries may perform notarial acts in any part of this state for a term of ten years, unless sooner removed.
WV Code § 30-1-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-1. Application of Article

Unless otherwise specifically provided, every board of examination or registration referred to in this chapter shall conform to the requirements prescribed in the following sections of this article.
WV Code § 30-1-1a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-1a. Legislative Findings and Declaration

The Legislature hereby finds and declares that as a matter of public policy the practice of the professions referred to in this chapter is a privilege and is not a natural right of individuals. The fundamental purpose of licensure and registration is to protect the public, and any license, registration, certificate or other authorization to practice issued pursuant to this chapter is a revocable privilege.
WV Code § 30-1-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-2. Oath

Every person appointed as a member of any board referred to in this article, before proceeding to exercise the authority or discharge the duties of the office, shall take the oath prescribed by section 5 of article IV of the state Constitution, and shall file the certificate thereof with the Secretary of State.
WV Code § 30-1-2a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-2a. Required Orientation Session

(a) The Auditor shall provide at least one seminar each year for state licensing boards to inform the boards of the duties and requirements imposed by state law and rules. All state agencies shall cooperate with and assist in providing the seminar if the Auditor requests.(b) The seminar may include the following topics:(1) Powers and duties of the boards and board members;(2) The financial procedures for boards;(3) Purchasing requirements;(4) Open meeting requirements;(5) Ethics;(6) Rule-making procedures;(7) Procedures for the handling of complaints, investigations and administrative hearings;(8) Disciplinary actions available to boards;(9) Records management procedures;(10) Annual reports; and(11) Any other topics the Auditor determines necessary or informative.(c) (1) The board members and the executive director or the chief financial officer of a board newly created under the provisions of this chapter shall attend a seminar provided under this section within one year of the creation of the board.(2) The chairperson, the executive director or the chief financial officer of the board shall annually attend a seminar provided under this section.(3) Each board member shall attend at least one seminar provided under this section during each term of office.(d) The Auditor may charge a registration fee for the seminar to cover the cost of providing the seminar. The fee may be paid from funds available to a board and a board may approve an expense reimbursement for the attendance of its members, executive director and the chief financial officer of the board.(e) Prior to January 1 of each year, the Auditor shall provide to the chairs of the Joint Standing Committee on Government Organization a list of:(1) The names and titles of the persons who attended the seminar;(2) The boards represented; and(3) The number and dates of the seminars offered by the Auditor during the previous year.(f) Ex officio members who are elected or appointed state officers or employees and members of boards that have purely advisory functions with respect to a department or agency of the state are exempt from the requirements of this section.
WV Code § 30-1-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-3. Officers

(a) Every board referred to in this chapter shall elect annually from its members a president and a secretary who shall hold their offices for one year, but shall continue to hold their offices until their successors are elected. However, the state board of law examiners, the state board of examiners for nurses and the state board of dental examiners may each elect a secretary from outside their membership.(b) The officers of the boards referred to in this chapter shall register annually with the Governor, the secretary of administration, the Legislative Auditor and the Secretary of State.
WV Code § 30-1-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-4. Official Seal; Rules and Regulations

Every such board shall adopt an official seal which shall be affixed to all licenses or certificates of registration issued by it, and shall make such rules and regulations, not inconsistent with law, as are necessary to regulate its proceedings and to carry out the purposes and enforce the provisions of this chapter applicable to such board.
WV Code § 30-1-4a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-4a. Lay Members of Professional Boards

(a) Notwithstanding any provisions of this code to the contrary, the Governor shall appoint at least one lay person to represent the interests of the public on every health professional licensing board which is referred to in this chapter. If the total number of members on any of these boards after the appointment of one lay person is an even number, one additional lay person shall be appointed. Lay members shall serve in addition to any other members otherwise provided for by law or rule. Lay members shall be at least eighteen years of age, shall be of good moral character, and shall be competent to represent and safeguard the interests of the public. Each lay member is empowered to participate in and vote on all transactions and business of the board, committee or group to which he or she is appointed.(b) Any person whose addition to a board as a lay member under the provisions of this section results in the addition of an odd number of lay additions to the board shall serve for a term ending in an odd-numbered year on the date in that year on which terms of the professional members expire. Of the members first appointed, each shall serve for a term ending in the year one thousand nine hundred seventy-nine, and the successor to each of the first members shall serve for a term equal in length to the terms of the other professional members of the board.(c) Any person whose addition to a board as a lay member under the provisions of this section results in the addition of an even number of lay additions to the board shall serve for a term ending in an even-numbered year on the date in that year on which terms of the professional members expire. Of the members first appointed, each shall serve for a term ending in the year one thousand nine hundred seventy-eight, and the successor to each of the first members shall serve for a term equal in length to the terms of the other professional members of the board.
WV Code § 30-1-5a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-5a. Reporting of Fraud and Misappropriation of Funds

(a) Whenever a board referred to in this chapter obtains information that an employee, officer or member of the board may have misappropriated funds, engaged in fraud, or otherwise violated a law relating to the public trust, the board shall timely report such information or allegation in writing to the commission on special investigations, established in article five, chapter four of this code.(b) The reporting of such information under subsection (a) of this section shall not prevent, relieve or replace a report to a law-enforcement agency, if appropriate or warranted.
WV Code § 30-1-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-6. Application for License or Registration; Examination Fee; Establishment of Application Deadline and Fees by Legislative Rule; Prohibiting Discrimination

(a) An applicant for an authorization to practice under the provisions of this chapter shall apply in writing to the proper board and submit the applicable fees.(b) Each board may establish, by legislative rule, a deadline for an application for an examination.(c) Notwithstanding the specific fees set forth in this chapter, each board may set fees by legislative rule that are sufficient to enable the board to effectively carry out its duties and responsibilities. At least thirty days prior to proposing a rule on fees, the board shall notify its membership of the proposed rule by:(1) Mailing a copy of the proposed rule to its membership; or(2) Posting the proposed rule on its website and notifying its membership of the website posting by:(A) Mailing a postcard;(B) Emailing a notice; or(C) Placing a notice in its newsletter.(d) In addition to any other information required by the board, an applicant's social security number shall be recorded on an application: Provided, That the board shall redact the social security number on any copies provided to the public.(e) A board may not discriminate against an applicant because of political or religious opinion or affiliation, marital status, race, color, gender, creed, age, national origin, disability or other protected group status.(f) A board may deny an applicant an authorization to practice in this state if an applicant's authorization to practice in another jurisdiction has been revoked. The denial may be made by the board without a hearing unless the applicant requests a hearing within thirty days of the denial. A hearing must be conducted pursuant to the provisions of this article or the provisions contained in the rules of the board.
WV Code § 30-1-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 1. General Provisions Applicable to All State Boards of Examination or Registration Referred to in Chapter|§30-1-7. Contents of License or Certificate of Registration

Every license or certificate of registration issued by each board shall bear a serial or license number, the full name of the applicant, the date of issuance, and the seal of the board: Provided, That licenses or certificates of registration issued or renewed on or after July 1, 2003, will indicate both the date of issuance and the date of expiration. The licenses or certificates of registration shall be signed by the board's president and secretary or executive secretary. No license or certificate of registration granted or issued under the provisions of this chapter may be assigned.