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WV Code § 30-17-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-3. Definitions

As used in this article, the following words and terms have the following meanings:(a) "Board" means the State Board of Sanitarians.(b) "Bureau" means the Bureau for Public Health.(c) "Certificate holder" means a person holding a certification issued by the board.(d) "Certificate" means a document issued to a sanitarian under the provisions of this article.(e) "Environmental health science" means public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation and rabies control.(f) "License" means a document issued to a registered sanitarian under the provisions of this article.(g) "Licensee" means a person holding a license issued by the board.(h) "Permit" means a document issued to a sanitarian-in-training under the provisions of this article.(i) "Permittee" means a person holding a permit issued by the board.(j) "Practice of public health sanitation" means the consultation, instruction, investigation, inspection or evaluation by an employee of the bureau, or a municipal or county health department with the primary purpose of improving or conducting administration of enforcement of state laws and rules.(k) "Registered sanitarian" means a person who is licensed by the board and is uniquely qualified by education, specialized training, experience and examination to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.(l) "Sanitarian" means a person who is certified by the board and is uniquely qualified by education in the arts and sciences, specialized training and credible field experience to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.(m) "Sanitarian-in-training" means a person who is permitted by the board and possesses the necessary educational qualifications for certificate as a sanitarian, but who has not completed the experience requirements in the fields of public health sanitation and environmental health science as required for certificate.
WV Code § 30-17-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-5. 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;(2) Set the requirements for a license, permit and certificate;(3) Establish procedures for submitting, approving and rejecting applications for a license, permit and certificate;(4) Determine the qualifications of any applicant for a license, permit and certificate;(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license;(6) Determine the passing grade for the examinations;(7) Contract with third parties to administer the examinations required under the provisions of this article;(8) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;(9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;(10) Define the fees charged under the provisions of this article;(11) Issue, renew, deny, suspend, revoke or reinstate a license, permit and certificate;(12) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;(13) Conduct disciplinary hearings of persons regulated by the board;(14) Determine disciplinary action and issue orders;(15) Institute appropriate legal action for the enforcement of the provisions of this article;(16) Maintain an accurate registry of names and addresses of all persons regulated by the board;(17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;(18) Establish the continuing education requirements for licensees, permittees and certificate holders;(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article;(20) Sue and be sued in its official name as an agency of this state;(21) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and(22) Take all other actions necessary and proper to effectuate the purposes of this article.
WV Code § 30-17-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-6. Rulemaking

(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) Standards and requirements for a license, permit or certificate;(2) Procedures for examinations and reexaminations;(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;(4) Educational, experience and training requirements, and the passing grade on the examination;(5) Standards for approval of courses;(6) Procedures for the issuance and renewal of a license, permit or certificate;(7) A fee schedule;(8) The continuing education requirements;(9) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee or certificate holder;(10) Requirements for an inactive or revoked license, permit or certificate; and(11) Any other rules necessary to effectuate the provisions of this article.(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.(c) The board is authorized to promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to set fees for the issuance and renewal of licenses, certificates and permits for an eighteen month period commencing July 1, 2010, and ending December 31, 2011.
WV Code § 30-17-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-7. 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 "Sanitarians Operating 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 article one of this chapter, the board shall retain the amounts 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.(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 § 30-17-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-8. Qualifications for Licensure as a Registered Sanitarian

(a) To be eligible to be licensed as a registered sanitarian, the applicant must:(1) Be of good moral character;(2) Have a bachelor's or higher degree from an accredited college or university;(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours, as approved by the board;(4) Have at least two years of experience in the field of public health sanitation and environmental health science; and(5) Pass an examination, as required by the board.(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field, as approved by the board, for one of the required years of experience.(c) A registration issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided, That a person holding a registration issued prior to July 1, 2010, must renew pursuant to the provisions of this article.
WV Code § 30-17-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-9. Qualifications for Certificate as a Sanitarian

(a) To be eligible to be certified as a sanitarian, the applicant must:(1) Be of good moral character;(2) Have a bachelor's or higher degree from an accredited college or university;(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours, as approved by the board; and(4) Have at least two years of experience in the field of public health sanitation and environmental health science.(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field as approved by the board for one of the required years of experience.(c) A person who is registered as a sanitarian-in-training by the board and on or before July 1, 2010, has two or more years of experience in the field of public health sanitation and environmental health science, as approved by the board, shall for all purposes be considered certified under this article: Provided, That such a person must renew pursuant to the provisions of this article.
WV Code § 30-17-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-10. Qualifications for Permit as a Sanitarian-in-Training

(a) To be eligible to be permitted as a sanitarian-in-training, the applicant must:(1) Be of good moral character;(2) Have a bachelor's or higher degree from an accredited college or university; and(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours within twelve months of being hired as a sanitarian-in-training.(b) A person may practice as a sanitarian-in-training for a period not to exceed three years.(c) The board may waive the requirements of subdivision (3) of subsection (a) and subsection (b) of this section, for a person who experiences an undue hardship, as determined by the board.
WV Code § 30-17-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-11. Persons Exempted From Licensure

The activities and services of qualified members of other recognized professions practicing environmental health science consistent with the laws of this state, their training and any code of ethics of their professions so long as such person does not represent themselves as a registered sanitarian, sanitarian or sanitarian-in-training as defined by this article.
WV Code § 30-17-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-12. License From Another State

The board may issue a license or a certificate to practice environmental health science or public health sanitation in this state, without requiring an examination, to an applicant from another jurisdiction who:(1) Is of good moral character;(2) Holds a valid sanitarian license or other authorization to practice environmental health science or public health sanitation in another jurisdiction and meets requirements which are substantially equivalent to the requirements set forth in this article;(3) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her license or other authorization to practice environmental health science or public health sanitation, and has never had a license or other authorization to practice environmental health science or public health sanitation revoked;(4) Has not previously failed an examination for licensure in this state;(5) Has paid all the applicable fees;(6) Completes any additional training as determined by the board; and(7) Completes such other action as required by the board.
WV Code § 30-17-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-13. Renewal Requirements

(a) The board may issue, renew and charge fees for licenses, certificates and permits for an eighteen month period commencing July 1, 2010, and ending December 31, 2011.(b) Commencing January 1, 2012, and annually or biennially thereafter, a person regulated by this article shall renew his or her license, permit or certificate by completing a form prescribed by the board, paying the applicable fees and submitting any other information required by the board.(c) The board shall charge a fee for each renewal of a license, permit or certificate and may charge a late fee for any renewal not paid by the due date.(d) The board shall require as a condition for the renewal of a license, permit or certificate that each person regulated by this article complete continuing education.(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license, permit or certificate.
WV Code § 30-17-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-14. Display of License, Permit or Certificate

(a) The board shall prescribe the form for a license, permit and certificate and may issue a duplicate upon payment of a fee.(b) Any person, not employed by the bureau or a municipal or county health department, shall conspicuously display his or her license, permit or certificate at his or her principal place of practice.(c) A person regulated by the board shall carry valid proof of licensure, permit or certificate on his or her person during the performance of his or her duties.
WV Code § 30-17-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-16. Procedures for Hearing; Right of Appeal

(a) Hearings are governed by the provisions of section eight, article one of this chapter.(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.(e) If, after a hearing, the board determines the licensee, permittee or certificate holder has violated this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
WV Code § 30-17-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-17. Judicial Review; Appeal to Supreme Court of Appeals

Any licensee, permittee or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
WV Code § 30-17-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-18. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee, permittee or certificate holder has knowingly violated this article, the board may bring its information to the attention of an appropriate law-enforcement official who may cause criminal proceedings to be brought.(b) If a court finds that a person violating this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
WV Code § 30-17-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 17. Sanitarians|§30-17-19. Single Act Evidence of Practice

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
WV Code § 30-18-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 18. Private Investigative and Security Services|§30-18-2. Eligibility Requirements for License to Conduct the Private Investigation Business

(a) In order to be eligible for any license to conduct the private investigation business, an applicant shall:(1) Be at least 18 years of age;(2) Be a citizen of the United States or an alien who is legally residing within the United States;(3) Not have had any previous license to conduct a private investigation business or to conduct a security guard business revoked or any application for any such licenses or registrations denied by the appropriate governmental authority in this or any other state or territory;(4) Not have been declared incompetent by reason of mental defect or disease by any court of competent jurisdiction unless a court has subsequently determined that the applicants competency has been restored;(5) Not suffer from habitual drunkenness or from narcotics addiction or dependence;(6) Be of good moral character;(7) Have a minimum of one year of experience, education, or training in any one of the following areas, or some combination thereof:(A) Course work that is relevant to the private investigation business at an accredited college or university;(B) Employment as a member of any United States government investigative agency, employment as a member of a state or local law-enforcement agency, or service as a sheriff;(C) Employment by a licensed private investigative or detective agency for the purpose of conducting the private investigation business;(D) Service as a magistrate in this state; or(E) Any other substantially equivalent training or experience; or(F) Military service.(8) Not have been convicted of a felony in this state or any other state or territory;(9) Not have been convicted of any of the following:(A) Illegally using, carrying, or possessing a pistol or other dangerous weapon;(B) Making or possessing burglars instruments;(C) Buying or receiving stolen property;(D) Entering a building unlawfully;(E) Aiding an inmates escape from prison; (F) Possessing or distributing illicit drugs; (G) Any misdemeanor involving moral turpitude or for which dishonesty of character is a necessary element; and(10) Not have violated any provision of 30-18-8 of this code.The provisions of this section shall not prevent the issuance of a license to any person who, subsequent to his or her conviction, shall have received an executive pardon therefor, removing this disability.(b) Any person who qualifies for a private investigators license shall also be qualified to conduct security guard business upon notifying the Secretary of State in writing that the person will be conducting such business.(c) No person may be employed as a licensed private investigator while serving as magistrate.
WV Code § 30-18-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 18. Private Investigative and Security Services|§30-18-4. Requirements for Employees Conducting the Private Investigation Business Under a Firm License

(a) Any person who has a private detective firm or investigative firm license shall be responsible for supervising any employee or other individual who conducts the private investigation business under the authority of such person's firm license, regardless of whether such employee or other individual receives compensation for conducting such business. Such supervision shall include providing any education or training that is reasonably necessary to ensure compliance with the requirements of this article.(b) Any employee or individual who conducts the private investigation business under the authority of a private detective or investigative firm license shall:(1) Satisfy the requirements of section two of this article, except that such person need not satisfy the education and training requirements contained in subdivision (7) of section two; and(2) Authorize the Secretary of State to review the records held by the division of public safety for any convictions that may be on record for such employee or individual.(c) A holder of a private detective or investigative firm license is prohibited from authorizing any individual or employee to conduct a private investigation business if such individual does not comply with the requirements of this section.(d) For every employee or individual who conducts the business of private investigation under the authority of a private detective or investigative firm license, the holder of such license must maintain a recent full-face photograph and one complete set of fingerprints on file at such firm's central business location in this state. Upon request, the holder of the firm license must release the photographs and fingerprints to the Secretary of State.
WV Code § 30-18-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 18. Private Investigative and Security Services|§30-18-5. Eligibility Requirements to Be Licensed to Conduct Security Guard Business

(a) In order to be eligible for any license to conduct security guard business, an applicant shall:(1) Be at least 18 years of age;(2) Be a citizen of the United States or an alien who is legally residing within the United States;(3) Not have had any previous license to conduct security guard business or to conduct the private investigation business revoked or any application for any such licenses or registrations denied by the appropriate governmental authority in this or any other state or territory;(4) Not have been declared incompetent by reason of mental defect or disease by any court of competent jurisdiction unless said court has subsequently determined that the applicants competency has been restored;(5) Not suffer from habitual drunkenness or from narcotics addiction or dependence;(6) Have had at least one year verified, full time employment conducting security guard business or conducting the private investigation business working for a licensed firm or have one year of substantially equivalent training or experience;(7) Not have been convicted of a felony in this state or any other state or territory;(8) Not have been convicted of any of the following:(A) Illegally using, carrying, or possessing a pistol or other dangerous weapon;(B) Making or possessing burglars instruments;(C) Buying or receiving stolen property;(D) Entering a building unlawfully;(E) Aiding an inmates escape from prison;(F) Possessing or distributing illicit drugs; and(9) Not have violated any provision of 30-18-8 of this code.The provisions of this section shall not prevent the issuance of a license to any person who, subsequent to his or her conviction, shall have received an executive pardon therefor, removing this disability.