reglab/housing_qa huggingface dataset:
WV Code § 30-26-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 26. Hearing-Aid Dealers and Fitters|§30-26-14. Matters to Be Ascertained by Licensee Prior to the Sale or Fitting of Hearing Aids

(a) Every licensee engaged in the practice of dealing in or fitting of hearing aids shall, prior to the sale or the fitting of a hearing aid intended to be worn or used by any person under eighteen years of age, first ascertain whether such person has within the next preceding six months been examined for the defective or impaired hearing condition sought to be relieved by an otolaryngologist or other duly licensed physician. If such person has been so examined, the licensee shall, prior to the sale or fitting of such hearing aid, obtain from such otolaryngologist or physician written authority to fit a hearing aid. If such person has not been so examined, the licensee shall not proceed to the sale or fitting of a hearing aid until after such person has been so examined. If the prospective user is eighteen years of age or older, the hearing aid dispenser may afford the prospective user an opportunity to waive the medical evaluation requirement provided that the hearing aid dispenser:(1) Informs the prospective user that the exercise of the waiver is not in the user's best health interest;(2) Does not in any way actively encourage the prospective user to waive such a medical evaluation;(3) Affords the prospective user the opportunity to sign the following statement: I have been advised by (hearing aid dispenser's name) that the Food and Drug Administration has determined that my best health interest would be served if I had a medical evaluation by a licensed physician, preferably one who specializes in diseases of the ear, before purchasing a hearing aid. I do not wish a medical evaluation before purchasing a hearing aid.(b) Prior to the sale of a hearing aid, every licensee shall be required to advise in writing, in the manner and form prescribed by the board, the person to whom he intends to sell or fit with such hearing aid that such person's best interest would be served by consulting an otolaryngologist or other physician specializing in diseases of the ear, or any other physician duly licensed to practice medicine in this state, if any of the following conditions are found upon examination of such person:(1) Visible congenital or traumatic deformity of the ear;(2) History of active ear discharge within the previous ninety days;(3) History of a sudden or rapidly progressive hearing loss within the previous ninety days;(4) Acute or chronic dizziness;(5) Unilateral hearing loss of sudden or recent onset within the previous ninety days; or(6) Significant air-bone gap.(c) A copy of any writing or form required to be given to a prospective purchaser or other person by the terms of this section shall be retained in the records of the licensee for a period of seven years following the issuance of each writing.
WV Code § 30-26-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 26. Hearing-Aid Dealers and Fitters|§30-26-16. Hearing Procedures; Judicial Review

Any person, including a person who brings a complaint against a licensee or trainee before the board, adversely affected by any decision, ruling or order of the board shall be entitled to a hearing before the board. The hearing may be held by the board or a majority thereof either in the county wherein the licensee, trainee, prospective licensee or prospective trainee resides or may be held in the county wherein the person adversely affected resides or may be so held in some other county as the board may direct. All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to any hearing held by the board and the administrative procedures in connection with and following such hearing shall apply with like effect as if the provisions of said article five were set forth in extenso in this section. For the purpose of conducting such hearing the board shall have the power and authority to issue subpoenas and subpoenas duces tecum in accordance with the provisions of section one, article five, chapter twenty-nine-a. Any such hearing shall be held within thirty days after the date upon which a request therefor was made. All requests for hearings shall be made in writing to the board by certified or registered mail, return receipt requested. The board may postpone or continue any hearing on its own motion or upon application for good cause shown.Any person, including a person who brings a complaint against a licensee or trainee before the board, who may be adversely affected by any ruling or order made or entered by the board following a hearing, shall be entitled to judicial review of such order, in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code and the provisions of said section four shall apply to and govern such appeal with like effect as if the provisions of said section four were set forth in extenso in this section and the provisions of article six of said chapter twenty-nine-a shall apply with respect to appeals to the Supreme Court of Appeals in the same manner.
WV Code § 30-26-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 26. Hearing-Aid Dealers and Fitters|§30-26-17. Prohibited Acts and Practices

Any of the following acts are hereby prohibited and shall be punishable under section eighteen of this article and shall also constitute unethical practice and no person shall:(1) Sell, barter or offer to sell or barter a license issued pursuant to this article.(2) Purchase or procure by barter any such license with intent to use it as evidence of the holder's qualifications to engage in the practice of dealing in or fitting of hearing aids.(3) Alter materially a license issued pursuant to this article.(4) Use or attempt to use as a valid license any license which has been purchased, fraudulently obtained, counterfeited or materially altered.(5) Willfully make any false statement in an application for license or for renewal thereof.(6) Advertise for the mail-order sale of hearing aids in any advertising medium or sell hearing aids by mail to any person other than distributors, dealers or those excluded from the provisions of this article.
WV Code § 30-26-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 26. Hearing-Aid Dealers and Fitters|§30-26-18. Offenses and Penalties

Any person who shall engage in the practice of dealing in or fitting of hearing aids without qualifying to do so under the provisions of this article or any person who commits any of the acts prohibited under the provisions of section seventeen of this article shall be guilty of a misdemeanor, and, upon conviction for the first offense, shall be fined not less than $100 nor more than $500 or imprisoned in the county jail for not more than six months, or be subject to both such fine and imprisonment, and for the second or any subsequent offense, shall be fined not less than $500 nor more than $1,000 or imprisoned in the county jail for not less than thirty days nor more than one year or be subject to both such fine and imprisonment. Each sale made in violation of this article shall constitute a separate offense. Magistrates shall have concurrent jurisdiction with circuit courts for the enforcement of this article.
WV Code § 30-26-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 26. Hearing-Aid Dealers and Fitters|§30-26-19. Injunction

Notwithstanding the existence of any other remedy, the board may, in the manner provided by law, maintain an action for an injunction against any person to restrain or prevent the practice of dealing in or fitting of hearing aids when such person repeatedly refuses to obtain a license therefor and continues such practice without first obtaining a license therefor in the manner hereinbefore provided, and an action for an injunction may be maintained for any continued and repeated violation of any of the provisions of this article and the rules and regulations promulgated pursuant thereto.
WV Code § 30-26-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 26. Hearing-Aid Dealers and Fitters|§30-26-20. Construction and Severability

The provisions of this article and the regulations promulgated thereunder shall be liberally construed so as to carry into effect its purposes and to protect the health, safety and welfare of the public.If any provision of this article or the application thereof to any person or circumstance shall be held invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.
WV Code § 30-27-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice barbering, barber permanent waving, cosmetology, hairstyling, waxing, aesthetics or nail care in this state without a license or certification issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that the person is a licensed or certified aesthetician, barber, barber crossover, barber permanent wavist, cosmetologist, cosmetologist crossover, hairstylist, waxing specialist or nail technician unless the person has been licensed or obtained certification under the provisions of this article and the license or certification has not expired, been suspended or revoked.(b) No salon, except through a licensee or certification, may render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practices licensed or certified under the provisions of this article.(c) No school, except through a certified instructor, may instruct, render any service or engage in any activity which, if taught, rendered or engaged in by an individual, would constitute the practices licensed under the provisions of this article.
WV Code § 30-27-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-2. Applicable Law

The practices licensed under the provisions of this article and the board of Barbers and Cosmetologists are subject to the provisions of article one of this chapter, the provisions of this article, and any rules promulgated hereunder.
WV Code § 30-27-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-4. Board of Barbers and Cosmetologists

(a) The West Virginia Board of Barbers and Cosmetologists is continued. The members of the board in office on July 1, 2016, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.(b) The Governor, by and with the advice and consent of the Senate, shall appoint:(1) One licensed cosmetologist;(2) One licensed barber or barber permanent wavist; (3) One licensed aesthetician who is not a cosmetologist;(4) One licensed nail technician who is not a cosmetologist;(5) One representative from a privately owned beauty school licensed by the West Virginia Council for Community and Technical College Education (CCTCE), Department of Education in conjunction with CCTCE or Department of Education with the Department of Corrections; and(6) Four citizen members representing the public;(c) After the initial appointment term, the term shall be for five years. All appointments to the board shall be made by the Governor by and with the advice and consent of the Senate.(d) Each licensed member of the board, at the time of his or her appointment, must have held a professional license in this state for a period of not less than three years immediately preceding the appointment.(e) Each member of the board must be a resident of this state during the appointment term.(f) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified. A member serving on the board on June 30, 2016, may be reappointed in accordance with the provisions of this section.(g) A vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.(i) A member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked, is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.(j) The board shall elect annually one of its members as chairperson who serves at the will of the board.(k) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.(l) A majority of the members of the board constitutes a quorum.(m) The board shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.(n) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article IV of the constitution of this state.
WV Code § 30-27-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-6. Rulemaking

The board shall propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:(1) Standards and requirements for licenses, permits, certificates and registrations;(2) Procedures for examinations and reexaminations: Provided, That the board shall offer examinations in all languages other than English if available to the board and requested by the applicant;(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;(4) Educational and experience requirements;(5) The passing grade on the examinations;(6) Standards for approval of courses and curriculum;(7) Procedures for the issuance and renewal of licenses, permits, certificates and registrations;(8) A fee schedule;(9) Continuing education requirements for professional licensees and certificate holders;(10) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees, permitees, certificate holders and registrants;(11) Designating the regions for investigators/inspectors;(12) Criteria for the training of investigators/inspectors;(13) Requirements for investigations and inspections;(14) Requirements for inactive or revoked licenses, permits, certificates and registrations;(15) Establishing the training program and requirements for instructors for schools licensed under this article;(16) Establishing operating procedures for salons; and(17) Any other rules necessary to effectuate the provisions of this article.
WV Code § 30-27-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees in effect on January 1, 2009, shall remain in effect until they are amended or repealed by legislative rule or statute.(b) 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 "Barbers and Beauticians Special Fund", which is continued and shall be known as the "Board of Barbers and Cosmetologists Special Fund". The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.(c) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the state Treasury.
WV Code § 30-27-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-8. Professional License Requirements

(a) An applicant for a professional license to practice as an aesthetician, barber, barber crossover, cosmetologist, hair stylist, cosmetologist crossover or nail technician shall present satisfactory evidence that he or she:(1) Is at least eighteen years of age;(2) Is of good moral character;(3) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;(4) Has graduated from a licensed school which has been approved by the West Virginia Council for Community and Technical College Education (CCTCE), Department of Education in conjunction with CCTCE or Department of Education with the Department of Corrections or has completed education requirements in another state and meets the licensure provisions of the board;(5) Has passed an examination that tests the applicant’s knowledge of subjects specified by the board: Provided, That the board may recognize a certificate or similar license in lieu of the examination or part of the examination that the board requires: Provided, however, That any examination meets national standards;(6) Has paid the applicable fee;(7) Presents a certificate of health from a licensed physician;(8) Is a citizen of the United States or is eligible for employment in the United States; and(9) Has fulfilled any other requirement specified by the board.(b) A license to practice issued by the board prior to July 1, 2016, shall for all purposes be considered a professional license issued under this article: Provided, That a person holding a license issued prior to July 1, 2016, must renew the license pursuant to the provisions of this article.(c) A person, who by education and experience qualifies to be a barber and a cosmetologist or a barber crossover or cosmetologist crossover, may elect at any time to practice solely as a barber and, after notice and application to the board, may be licensed as a barber without other designation.
WV Code § 30-27-8a (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-8a. Barber Apprentice

(a) The board may establish an apprenticeship program to become a barber. A barber apprentice shall work at all times under the direct supervision of a licensed barber and any permit issued by the board to work as a barber apprentice does not allow a person to practice individually as a barber.(b) An applicant for a barber apprenticeship shall present satisfactory evidence that he or she:(1) Is at least sixteen years of age;(2) Is of good moral character;(3) Is in high school or has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;(4) Has paid the applicable fee;(5) Has a certificate of health from a licensed physician;(6) Is a citizen of the United States or is eligible for employment in the United States; and(7) Has fulfilled any other requirement specified by the board.(c) An applicant for a sponsor of a barber apprentice shall present satisfactory evidence that he or she:(1) Is licensed as a barber under the provisions of this article;(2) Has paid the applicable fee; and(3) Has fulfilled any other requirement specified by the board.(d) A sponsor of a barber apprentice shall be a current licensed barber with at least five years’ experience and has worked in a shop for the last five years.(e) The board may propose emergency rules and 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 section, including:(1) The requirements for:(A) The barber apprenticeship program;(B) The barber apprentice permit; and(C) A licensed barber to sponsor a barber apprentice;(2) Procedures for an examination;(3) A fee schedule; and(4) Any other rules necessary to effectuate the provisions of this section.
WV Code § 30-27-8b (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 27. Board of Barbers and Cosmetologists|§30-27-8b. Certifications

(a) The board shall issue a certification to an applicant who obtains training at a licensed school or continuing education provider, in West Virginia, in the following area:Waxing Specialist.— An applicant for a waxing specialist shall present satisfactory evidence that he or she:(A) Is at least eighteen years of age;(B) Is of good moral character;(C) Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United States Department of Education;(D) Has paid the applicable fee;(E) Has a certificate of health from a licensed physician;(F) Is a citizen of the United States or is eligible for employment in the United States;(G) Has completed a one hundred-hour class that consists of: Professional requirements, safety and health, skin structure, disorders and diseases, removal of superfluous hair and twenty-five hours on the clinic floor, supervised, for a total of one hundred twenty-five hours;(H) If not currently licensed, must take the West Virginia state law test; and(I) Has fulfilled any other requirement specified by the board.(b) The board shall issue to any barber the fifteen hundred clock-hour level licensure who has previously completed a twelve hundred clock-hour training program, and who subsequently completes a three hundred clock-hour certification program in chemical services.