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WV Code § 30-13-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13. Engineers|§30-13-17. Certificates of Authorization Required; Naming of Engineering Firms

(a) No person or firm is authorized to practice or offer to practice engineering in this state until the person or firm has been issued a certificate of authorization by the board.(b) A person or firm desiring a certificate of authorization must file all the required information with the board on an application form specified by the board. The required information shall include the sworn statement of the engineer in responsible charge who is a professional engineer registered in this state. The board shall issue a certificate of authorization to an applicant who has met all the requirements and paid the fees set forth in board rules.(c) No person or firm is relieved of responsibility for the conduct or acts of its agents, employees, officers or partners due to compliance with the provisions of this article. No individual practicing engineering under the provisions of this article is relieved of responsibility for engineering services performed due to his or her employment or other relationship with a person or firm holding a certificate of authorization.(d) An engineer who renders occasional, part-time or contract engineering services to or for a firm may not be designated as being in responsible charge for the professional activities of the firm unless that engineer is an owner or principal of the firm.(e) The Secretary of State shall not issue a certificate of authority or business registration or license to an applicant whose business includes, among the objectives for which it is established, the words engineer, engineering or any modification or derivation thereof unless the board of registration for this profession has issued to the applicant a certificate of authorization or a letter indicating eligibility to receive the certificate. The certificate or letter from the board shall be filed with the application filed with the Secretary of State to do business in West Virginia.(f) The Secretary of State shall decline to register a trade name or service mark which includes the words engineer, engineering or modifications or derivatives thereof in its business name or logotype except those businesses holding a certificate of authorization issued under the provisions of this article.(g) The certificate of authorization may be renewed or reinstated in accordance with board rule and upon payment of the required fees.(h) Every holder of a certificate of authorization has a duty to notify the board promptly of any change in information previously submitted to the board in an application for a certificate of authorization.
WV Code § 30-13-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13. Engineers|§30-13-18. Renewals and Reinstatement

(a) Certificates of registration and certificates of authorization expire on the last day of December of the year indicated on the certificate, and the holder of any certificate that is not timely renewed is ineligible to practice or offer to practice engineering in this state until the certificate has been reinstated in accordance with rules promulgated by the board.(b) Certificates may be renewed only in accordance with board rule, which may include payment of a late fee for renewals not postmarked by December 31 of the year in which renewal is required. The board shall notify every person or firm holding an active certificate under this article of the certificate renewal requirements at least one month prior to the renewal date. The notice shall be made by mail or electronic means using the contact information provided to the board.(c) A certificate that was not timely renewed or for other reason was given a nonpracticing status may be reinstated under rules promulgated by the board and may require reexamination and payment of fees set forth in board rules.(d) Effective July 1, 2015, the board may renew certificates on a biennial basis.(e) The board shall promulgate emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code to implement the provisions of this section.
WV Code § 30-13-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13. Engineers|§30-13-19. Reissuance of Certificates

A new certificate of registration or certificate of authorization to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the board. A charge established by rule shall be made for each new certificate.
WV Code § 30-13-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13. Engineers|§30-13-20. Public Works

Government agencies, authorities, officials and employees may not engage in the practice of engineering involving either public or private property unless the provisions of this article are met.
WV Code § 30-13-22 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13. Engineers|§30-13-22. Disciplinary Action -- Procedures

(a) Any person may file a complaint with the board that a person or firm subject to the provisions of this article has committed a fraud, been deceitful, been grossly negligent, incompetent, guilty of misconduct or has violated the "rules of professional responsibility for professional engineers".(b) All complaints, unless dismissed by the board as unfounded, trivial or unless settled informally, shall be heard by the board within six months after the date each complaint was received by the board.(c) The board shall fix the time and place for hearings on complaints and a copy of all charges, together with a notice of the time and place of hearing on the complaint the person or firm complained against or mailed to the last known address of the person or firm at least thirty days prior to the hearing. At the hearing, the person or firm shall have the right to appear in person or by counsel, or both, to cross-examine witnesses and to produce evidence and witnesses in his her or its defense. If the accused person or firm fails or refuses to appear, the board may proceed to hear the complaint and determine the validity of the charges.(d) If after the hearing a majority of the board votes in favor of sustaining the charges, the board shall reprimand or assess a civil penalty against the person or firm complained against. The board may also suspend, revoke, refuse to issue or refuse to restore or renew an individual's certificate of registration or a firm's certificate of authorization. In addition, the board may place a registrant on probation.(e) Any person or firm aggrieved by any action of the board in assessing a civil penalty, denying, suspending, refusing to issue, refusing to restore or renew or revoking a certificate of registration or a certificate of authorization, may appeal the board's decision to the circuit court.(f) Any civil penalty assessed as a result of a hearing shall be paid within fifty days after the decision becomes final.(g) The board may, upon petition of a person or firm, reissue a certificate of registration or authorization, provided that a majority of the members of the board votes in favor of such issuance.
WV Code § 30-13-23 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13. Engineers|§30-13-23. Criminal Offenses

Any person who practices or offers to practice engineering in this state without being registered in accordance with the provisions of this article, or any person, firm, partnership, organization, association, corporation or other entity using or employing the words engineer, engineering or any modification or derivative thereof in its name or form of business activity except as authorized in this article, or any person presenting or attempting to use the certificate of registration or the seal of another, or any person who gives any false or forged evidence of any kind to the board or to any member thereof in obtaining or attempting to obtain a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired, suspended or revoked or nonexistent certificate of registration, or who practices or offers to practice when not qualified, or any person who falsely claims that he or she is registered or authorized under this article, or any person who violates any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500, or imprisoned in the county jail not more than six months, or both fined and imprisoned.Any person who commits a second or subsequent offense under this section is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty years.The Attorney General may act as legal adviser to the board and render any legal assistance as may be necessary in carrying out the provisions of this article. The board may employ counsel and necessary assistance to aid in the enforcement of this article and the compensation and expenses of the council shall be paid from the funds of the board.
WV Code § 30-13-24 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13. Engineers|§30-13-24. Exemptions

This article may not be construed to prevent the practice by:(a) Other professions. -- The practice of any other legally recognized profession;(b) Temporary permits. -- The practice or offer to practice engineering by a person not a resident of or having no established place of business in this state, provided the person is legally qualified by registration to practice engineering, as defined in this article, in their own state or country. The person shall make application to the board in writing and after payment of a fee established by the board may be granted a written permit for a definite period of time not to exceed one year to do a specific job: Provided, That no right to practice engineering shall accrue to the applicant with respect to any other works not set forth in the permit; and(c) Employees and subordinates. -- The work of an employee or a subordinate of a person holding a certificate of registration under this article, or an employee of a person practicing lawfully: Provided, That the work does not include final engineering designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of registration under this article or a person practicing lawfully. Any regular full-time employee of a person, partnership, corporation or other business entity who is engaged solely and exclusively in performing services for such person, partnership, corporation or other business entity, who is not required by any provision of the law other than this article to be a registered professional engineer and whose services are performed on, or in connection with, property owned or leased by such person, partnership, corporation or other business entity, or in which such person, partnership, corporation or other business entity has an interest, estate or possessory right, and are not offered or made available to the public. This exemption includes the use of job title and personal classification by such person, but no name, title or words may be used which tend to convey the impression that an unlicensed person is offering professional engineering services to the public.
WV Code § 30-13A-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13A. Land Surveyors|§30-13A-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice surveying in this state without a license issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a surveyor, unless such person has been licensed under the provisions of this article.(b) It is unlawful for any firm to practice or offer to practice surveying in this state without a certificate of authorization issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that it is a surveying firm, unless such firm has been issued a certificate of authorization under the provisions of this article.
WV Code § 30-13A-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13A. Land Surveyors|§30-13A-2. Applicable Law

The practice of surveying and the West Virginia Board of Professional Surveyors are subject to the provisions of article one of this chapter, the provisions of this article and the board's rules.
WV Code § 30-13A-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13A. Land Surveyors|§30-13A-4. Board of Professional Surveyors

(a) The "West Virginia Board of Professional Surveyors" is continued. Any member of the board, except the endorsed underground surveyor member, in office on July 1, 2010, may continue to serve until his or her successor has been appointed and qualified.(b) Prior to July 1, 2010, the Governor, by and with the advice and consent of the Senate, shall appoint one licensed professional surveyor with at least ten years of experience in land surveying to replace the endorsed underground surveyor.(c) Commencing July 1, 2010, the board shall consist of the following five members with staggered terms:(1) Three licensed professional surveyors with at least ten years of experience in land surveying;(2) One person who has a license in another field of practice other than surveying and also who has a surveyor license by examination and has practiced surveying for at least ten years; and(3) One citizen member who is not regulated under the provisions of this article and does not perform any services related to the practice of surveying under the provisions of this article.(d) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than three years immediately preceding the appointment.(e) Each member must be appointed by the Governor, by and with the advice and consent of the Senate, and must be a resident of this state during the appointment term.(f) The term of each board member is four years.(g) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member shall continue to serve until his or her successor has been appointed and qualified.(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.(i) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked.(j) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.(k) The board shall designate one of its members as chairperson and one member as secretary-treasurer.(l) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with section eleven, article one of this chapter.(m) A majority of the members of the board shall constitute a quorum.(n) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson, or upon the written request of two members, at such time and place as designated in the call or request.
WV Code § 30-13A-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13A. Land Surveyors|§30-13A-5. Powers and Duties of the Board

The board has all the powers and duties set forth in article one of this chapter and also the following powers and duties:(1) Hold meetings, conduct hearings and administer examinations and reexaminations;(2) Set the requirements for a license, endorsement, surveyor-in-charge and certificate of authorization;(3) Establish qualifications for licensure and procedures for submitting, approving and disapproving applications for a license, endorsement and certificate of authorization;(4) Examine the qualifications of any applicant for a license and endorsement;(5) Prepare, conduct, administer and grade examinations and reexaminations required under the provisions of this article;(6) Determine the passing grade for the examinations and reexaminations required under the provisions of this article;(7) Administer, or contract with third parties to administer, the examinations and reexaminations required under the provisions of this article;(8) Maintain records of the examinations and reexaminations the board or a third party administers, including the number of persons taking the examination or reexamination and the pass and fail rate;(9) Maintain an accurate registry of names and addresses of all licensees and endorsees;(10) Maintain an accurate registry of names and addresses of firms holding a certificate of authorization;(11) Establish the standards for surveys;(12) Define the fees charged under the provisions of this article;(13) Issue, renew, deny, suspend, revoke or reinstate licenses and endorsements, and discipline such persons;(14) Issue, renew, deny, suspend, revoke or reinstate certificates of authorization and discipline such firms;(15) Establish and implement the continuing education requirements for licensees and endorsees;(16) Sue and be sued in its official name as an agency of this state;(17) Hire, set the job requirements for, fix the compensation of and discharge investigators and the employees necessary to enforce the provisions of this article;(18) Investigate alleged violations of the provisions of this article, the rules promulgated hereunder, and orders and final decisions of the board;(19) Conduct hearings upon charges calling for discipline of a licensee, endorsee or certificate holder, or revocation or suspension of a license, endorsement or certificate of authorization;(20) Set disciplinary action and issue orders;(21) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and(22) Take all other actions necessary and proper to effectuate the purposes of this article.
WV Code § 30-13A-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13A. Land Surveyors|§30-13A-6. Rule-Making Authority

(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article, including:(1) Setting the standards and requirements for licensure, endorsement, surveyor-in-charge and certificate of authorization;(2) Setting the procedure for examinations and reexaminations;(3) Establishing requirements for third parties to administer examinations and reexaminations;(4) Establishing procedures for the issuance and renewal of a license, endorsement and certificate of authorization;(5) Setting a schedule of fees;(6) Establishing and implementing requirements for continuing education for licensees and endorsees;(7) Evaluating the curriculum, experience and the instructional hours required for a license and endorsement;(8) Denying, suspending, revoking, reinstating or limiting the practice of a licensee, endorsee or certificate holder;(9) Establishing electronic signature requirements;(10) Establishing minimum standards for surveys;(11) Establishing a process to record plats;(12) Establishing seal and document certification standards; and(13) Proposing any other rules or taking other action necessary to effectuate the provisions of this article.(b) All rules in effect on July 1, 2010, shall remain in effect until they are amended, modified, repealed or replaced.
WV Code § 30-13A-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13A. Land Surveyors|§30-13A-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Professional Surveyors Fund" which fund is continued. The fund shall be used by the board for the administration of this article. Except as may be provided in section eleven, article one of this chapter, the board shall retain the amounts in the special revenue fund from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
WV Code § 30-13A-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 13A. Land Surveyors|§30-13A-8. Education, Experience and Examination Requirements for a Surveying License

(a) Before a person may apply for a surveying license, the person must have completed one of the following educational, experience and examination requirements:(1) Has a four-year degree or a bachelor degree in surveying approved by the board, which degree must include a minimum of thirty hours of surveying or surveying-related courses, has passed an examination in the fundamentals of land surveying, has two years or more of experience in surveying in responsible charge, has passed an examination in the principles and practice of land surveying and has passed the West Virginia examination;(2) Has a four-year degree or a bachelor degree, has completed a minimum of thirty hours of surveying or surveying-related courses, has passed an examination in the fundamentals of land surveying, has four years or more of experience in surveying, including two years of experience in responsible charge under the direct supervision of a licensee or a person authorized in another jurisdiction to engage in the practice of surveying, has passed an examination in the principles and practice of land surveying and has passed the West Virginia examination; or(3) Has a two-year degree or an associate degree in surveying or a related field approved by the board, which degree must include a minimum of thirty hours of surveying or surveying-related courses, has passed an examination in the fundamentals of land surveying, has four years or more of experience in surveying, including two years of experience in responsible charge under the direct supervision of a licensee or a person authorized in another state or country to engage in the practice of surveying, has passed an examination in the principles and practice of land surveying and has passed the West Virginia examination.(b) A person graduating from a two-year or four-year approved surveying degree program with a grade point average of 3.0 or higher is permitted to take the examination in the fundamentals of land surveying during his or her final semester.(c) A person must pass the examination in the fundamentals of land surveying and complete the work experience before he or she is allowed to take the examination in the principles and practice of land surveying and the West Virginia examination.(d) The examination in the fundamentals of land surveying, the examination in the principles and practice of land surveying and the West Virginia examination shall each be held at least once each year at the time and place determined by the board. A person who fails to pass all or any part of an examination may apply for reexamination, as prescribed by the board, and shall furnish additional information and fees as required by the board.(e) A person who began the education, experience or examination requirements and were approved by the board prior to December 31, 2004, have until December 31, 2012, to complete such requirements for licensure.