reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-21. Procedures for Hearing; Right of Appeal

(a) Hearings shall be 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, registrant or certificate holder has violated subsection (g) of this section or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-22. Judicial Review

Any licensee, permittee, registrant 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-23. 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, permitee, registrant or certificate holder has committed a criminal offense under this article, the board may bring its information to the attention of an appropriate law-enforcement official.
(b) Effective July 15, 2009, a person violating a provision of 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-5. West Virginia Board of Occupational Therapy

(a) The West Virginia Board of Occupational Therapy is continued with the following five members appointed by the Governor by and with the advice and consent of the Senate:
(1) Three licensed occupational therapists;
(2) One licensed occupational therapy assistant; and
(3) One citizen member, who is not licensed under the provisions of this article.
(b) The occupational therapist and occupational therapy assistant members shall have been engaged in rendering occupational therapy services to the public, teaching, consulting or conducting research in occupational therapy for at least three years immediately preceding their appointments.
(c) No board member may serve as an officer of the West Virginia Occupational Therapy Association concurrently with his or her service on the board.
(d) The members of the board in office on December 31, 2008, shall, unless sooner removed, continue to serve until their respective terms expire or their successors have been appointed and qualified.
(e) The term shall be for three years commencing on January 1. A member may not serve more than two consecutive full terms. A member having served two consecutive full terms may not be appointed for one year after completion of his or her second full term. A member may continue to serve until a successor has been appointed and qualified.
(f) 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.
(g) Each member of the board must be a resident of this state during the appointment term.
(h) 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.
(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(j) 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.
(k) The board shall elect annually one of its members as chairperson who serves at the will of the board.
(l) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members of the board constitutes a quorum.
(n) 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.
(o) 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 four of the Constitution of this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-6. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by legislative rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings and conduct hearings;
(2) Establish requirements for licenses and permits;
(3) Establish procedures for submitting, approving and rejecting applications for licenses and permits;
(4) Determine the qualifications of any applicant for a license or permit;
(5) Propose rules for legislative approval relating to professional conduct and ethical standards of practice;
(6) Communicate disciplinary actions to relevant state and federal authorities, the National Board for Certification in Occupational Therapy (NBCOT), the American Occupational Therapy Association (AOTA) and other applicable authorities when public safety is at risk;
(7) 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 including, but not limited to, the executive secretary;
(8) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(9) Conduct disciplinary hearings of persons regulated by the board;
(10) Determine disciplinary action and issue orders;
(11) Institute appropriate legal action for the enforcement of the provisions of this article;
(12) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(13) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(14) Establish by legislative rule the continuing education and competency requirements for licensees;
(15) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and permits;
(16) Establish a fee schedule;
(17) Take all other actions necessary and proper to effectuate the purposes of this article; and
(18) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.
(c) The board may:
(1) Approve and contract with third parties to administer the examinations required under the provisions of this article;
(2) Sue and be sued in its official name as an agency of this state; and
(3) Confer with the Attorney General or his or her assistants in connection with legal matters and questions.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-7. 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 licenses and permits;
(2) Designate third parties to establish educational requirements and to prepare and/or administer examinations and reexaminations;
(3) Procedures for the issuance and renewal of a license, temporary license and limited permit;
(4) A fee schedule;
(5) Continuing education and competency requirements for licensees;
(6) Establishment of competency standards;
(7) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee or permittee;
(8) Requirements for reinstatement of revoked licenses; and
(9) Any other rules necessary to effectuate the provisions of this article.
(b) The board is authorized to promulgate emergency rules in accordance with section fifteen, article three, chapter twenty-nine-a of this code to establish competency standards for advance treatment techniques as set forth in subdivision six, subsection (a) of this section.
(c) All rules in effect on the effective date of this article 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-8. 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 "West Virginia Board of Occupational Therapy", which is continued. 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.
(b) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the state Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-9. Persons and Practices Not Affected

This article does not prevent or restrict the practice, services or activities of:
(1) Any person licensed under any other law of this state performing services within the authorized scope of practice for which he or she is licensed;
(2) Any person pursuing a course of study leading to a degree in Occupational Therapy from an accredited educational program if the person acts under the supervision of a clinical supervisor or instructor of the accredited education program and is designated by a title which clearly indicates his or her status as a student; or
(3) Any person fulfilling the supervised fieldwork experience requirements of section ten of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-10. Qualifications of Applicants for License

To be eligible for a license to engage in the practice of occupational therapy, the applicant must:
(1) Be of good moral character;
(2) Have successfully completed the academic requirements of an educational program for Occupational Therapists or Occupational Therapy Assistants that is accredited by the American Occupational Therapy Association's Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor organizations;
(3) Have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where he or she met the academic requirements;
(4) Have passed an examination approved by the board;
(5) Have filed an application on forms provided by the board; and
(6) Have paid the applicable fee.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-11. Examination

(a) A person who has met the requirements of subsections (1), (2) and (3), section ten of this article, may make application for examination.
(b) Each applicant for licensure shall be examined by written or computerized examination to test his or her knowledge of the basic and clinical sciences relating to occupational therapy, and occupational therapy theory and practice, including the professional skills and judgment of the applicant in the utilization of occupational therapy techniques and methods, and other subjects the board may require to determine the fitness for practice of the applicant. The examination may be administered by the National Board for Certification in Occupational Therapy, Inc. (NBCOT) or another nationally recognized credentialing body as approved by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-12. Licensees From Other Jurisdictions; Internationally Educated Applicants

(a) The board may issue a license to practice to any applicant who presents proof of current licensure as an occupational therapist or an occupational therapy assistant in another jurisdiction which requires standards for licensure considered by the board or by a board-approved credentialing agency to be equivalent to the requirements for licensure in this state and who meets the requirements of section ten of this article.
(b) The board may grant a license to an applicant who was educated outside of the United States or its territories in an educational program whose standards are determined by the board or by a board-approved credentialing agency to be equivalent to the standards required for licensure in this state and who meets the requirements of section ten of this article.
(c) In its discretion, the board may examine a person by a written, oral or skills test for licensing under this section, and may enter into agreements for reciprocal licensing with other jurisdictions having substantially similar requirements for licensure.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-13. Issuance of a License, Limited Permit and Temporary License

(a) The board shall issue a license to any person who meets the requirements of this article upon payment of the license fee prescribed.
(b) The board may issue a limited permit to persons who have completed the education and fieldwork experience requirements of this article. The holder of a limited permit may practice occupational therapy only under the direct close supervision of an occupational therapist who holds a current license in this state. A limited permit is not renewable, and is valid for ninety days: Provided, That the limited permit expires immediately if the holder receives notification of a failing score on the examination.
(c) The board may issue a temporary license to an occupational therapist or an occupational therapy assistant who is licensed and in good standing in a jurisdiction whose standards are determined by the board or by a board-approved credentialing agency to be equivalent to the standards required for licensure in this state and who has submitted an application and the required fee. The holder of a temporary license may practice occupational therapy only in accordance with the provisions of this article. A temporary license is nonrenewable and is valid for thirty days.(d) The board shall prescribe the form of licenses. The licensee shall conspicuously display the license or a copy of the license at his or her principal place of employment. The licensee shall produce the original license upon the request of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-14. Renewal of License; Renewal of Lapsed License; Suspension, Revocation and Refusal to Renew; Reinstatement of Revoked License

(a) Licenses may be renewed biennially upon documentation of required continuing education and payment of a renewal fee.
(b) A license which has lapsed may be renewed within one year of its expiration date in the manner set by the board. After the expiration of one year, a license may be renewed only by complying with the requirements relating to the issuance of an original license.
(c) The board may suspend, revoke or refuse to renew a license for any reason which would justify the denial of an original application for licensure.
(d) The board may consider the reinstatement of a license which has been revoked upon a showing that the applicant can resume practicing with reasonable skill and safety.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-17. Procedures for Hearing; Right of Appeal

(a) Hearings shall be 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, the administrative law judge shall prepare a proposed written order at the conclusion of a hearing 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 or permittee has violated any provision of this article or the board's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-18. Judicial Review

Any licensee or permittee 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28. West Virginia Occupational Therapy Practice Act › §30-28-19. 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 or permittee has committed a criminal offense under this article, the board may bring the information to the attention of an appropriate law-enforcement official.
(b) Effective July 15, 2009, a person violating a provision of this article is guilty of a misdemeanor and, upon conviction, 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-1. Purpose

The purpose of this compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(a) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses;
(b) Enhance the states ability to protect the publics health and safety;
(c) Encourage the cooperation of member states in regulating multi-state occupational therapy practice;
(d) Support spouses of relocating military members;
(e) Enhance the exchange of licensure, investigative, and disciplinary information between member states;
(f) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that states practice standards; and
(g) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-3. State Participation in the Compact

(a) To participate in the compact, a member state shall:
(1) License occupational therapists and occupational therapy assistants;
(2) Participate fully in the commissions data system, including, but not limited to, using the commissions unique identifier as defined in the rules of the commission;
(3) Have a mechanism in place for receiving and investigating complaints about licensees;
(4) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicants criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that states criminal records;
(A) A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal records search, and shall use the results in making licensure decisions;
(B) Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544;
(6) Comply with the rules of the commission;
(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
(8) Have continuing competence or education requirements as a condition for license renewal.
(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(c) Member states may charge a fee for granting a compact privilege.
(d) A member state shall provide for the states delegate to attend all Occupational Therapy Compact Commission meetings.
(e) Individuals not residing in a member state shall continue to be able to apply for a member states single-state license as provided under the laws of each member state:
Provided
, That the single-state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.
(f) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-5. Obtaining a New Home State License by Virtue of Compact Privilege

(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only one member state at a time.
(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two member states:
(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission; and
(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in 30-28A-4 of this code via the data system, without need for primary source verification except for:
(A) An FBI fingerprint based criminal background check if not previously performed or updated pursuant to the applicable rules adopted by the commission in accordance with Public Law 92-544;
(B) Other criminal background check as required by the new home state; and
(C) Submission of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in 30-28A-4 of this code, the new home state shall apply its requirements for issuing a new single-state license.
(5) The occupational therapist or occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(d) Nothing in this compact shall interfere with a licensees ability to hold a single-state license in multiple states:
Provided
, That for the purposes of this compact, a licensee shall have only one home state license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-6. Active-Duty Military Personnel or Their Spouses

Active-duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state or through the process set forth in 30-28A-5 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-9. Data System

(a) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensees in member states.
(b) A member state shall submit a uniform data set, utilizing a unique identifier, to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or compact privilege;
(4) Non-confidential information related to alternative program participation;
(5) Any denial of application for licensure, and the reason or reasons for such denial;
(6) Other information that may facilitate the administration of this compact, as determined by rules of the commission; and
(7) Current significant investigative information.
(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-12. Date of Implementation of the Interstate Commission for Occupational Therapy Practice and Associated Rules, Withdrawal, and Amendment

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact become law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member states withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing states occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative agreement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-13. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 28A. West Virginia Occupational Therapy Compact › §30-28A-14. Binding Effect of Compact and Other Laws

(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict: Provided, That any rule or bylaw promulgated by the Occupational Therapy Compact Commission shall not alter, amend, abolish, or contravene, the scope of practice or standard of care in the State of West Virginia for occupational therapists and occupational therapy assistants.
(d) Any lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon member states.
(e) All agreements between the commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-2. Law-Enforcement Professional Standards Subcommittee

(a) The Law-Enforcement Professional Standards Subcommittee is continued as a subcommittee of the Governor's Committee on Crime, Delinquency and Correction. The subcommittee has the following responsibilities:
(1) Review and administer programs for qualification, training and certification of law-enforcement officers in the state; and
(2) Consider applications by law-enforcement officers whose certification is deemed inactive as a result of his or her separation from employment with a law-enforcement agency.
(b) The subcommittee shall be comprised of eleven members, including one representative of each of the following:
(1) West Virginia State Police;
(2) Law-enforcement section of the Department of Natural Resources;
(3) West Virginia Sheriffs' Association;
(4) West Virginia Association of Chiefs of Police;
(5) West Virginia Deputy Sheriffs' Association;
(6) West Virginia State Lodge Fraternal Order of Police;
(7) West Virginia Municipal League;
(8) West Virginia Association of County Officials;
(9) Human Rights Commission;
(10) West Virginia Troopers Association; and
(11) The public at large.
(c) The subcommittee shall elect a chairperson and a vice chairperson. Special meetings may be held upon the call of the chairperson, vice chairperson or a majority of the members of the subcommittee. A majority of the members of the subcommittee who are present in person, by proxy or designation, or by electronic means constitutes a quorum. Any member appointed to the subcommittee who is a written designated representative has the full rights of a member, including the right to vote, serve on subcommittees or perform any other function.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-4. Special Revenue Account—collections; Disbursements; Administrative Expenses

(a) A $12 fee shall be added to the usual court costs of all criminal court proceedings involving violation of any criminal law of the state or any county or municipality of the state, excluding violations of municipal parking ordinances, unless the fee is later modified pursuant to a legislative rule.
(b) A $12 fee shall be added to the amount of any cash or property bond posted for violation of any criminal law of the state or any county or municipality of the state, excluding bonds posted solely for violation of municipal parking ordinances, unless the fee is later modified pursuant to a legislative rule. Upon forfeiture of the bond, the $12 fee shall be deposited as provided in §30-29-4(c) of this code.
(c) All fees collected pursuant to §30-29-4(a) and §30-29-4(b) of this code shall be deposited in a separate account by the collecting agency. Within 10 calendar days following the beginning of each calendar month, the collecting agency shall forward the amount deposited to the State Treasurer. The Treasurer shall deposit all fees received into a special revenue account. The subcommittee shall disburse funds in the account for the funding of law-enforcement entry level training programs, professional development programs, the certification of law-enforcement officers, and to pay expenses of the Governors Committee on Crime, Delinquency, and Correction, or the subcommittee in administering the provisions of this article. The expenses may not in any fiscal year exceed 15 percent of the funds deposited to the special revenue account during that fiscal year.
(d) The fees established by this section may be modified by legislative rule as provided in §30-29-3 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-6. Review of Certification

Certification of each West Virginia law-enforcement officer shall be reviewed annually following the first certification and until such time as the officer may achieve exempt rank. Certification may be revoked, suspended or not renewed if any law-enforcement officer fails to attend annually an in-service approved law-enforcement training program, or if a law-enforcement officer achieving exempt rank fails to attend biennially an approved in-service supervisory level training program. When a law-enforcement officer is a member of the United States Air Force, Army, Coast Guard, Marines or Navy, or a member of the national guard or reserve military forces of any such armed forces, and has been called to active duty, resulting in separation from a law-enforcement agency for more than twelve months but less than twenty-four months, he or she shall attend and complete the mandated in-service training for the period and rank and qualify with his or her firearm within ninety days from his or her reappointment as a law-enforcement officer by a law-enforcement agency.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-8. Compensation for Employees Attending Law-Enforcement Training Academy; Limitations; Agreements to Reimburse Employers for Wages and Expenses of Employees Trained but Not Continuing Employment

(a) A West Virginia law-enforcement agency shall, and a governing board may, pay compensation to employees, including wages, salaries, benefits, tuition, and expenses, for the employees attendance at a law-enforcement training academy. The compensation paid to the employees for such attendance may not include overtime compensation under the provisions of 21-5C-3 of this code and shall be at the regular rate to which each employee would be entitled for a workweek of 40 hours in regular employment with the employer.
(b) In consideration for such compensation, the governing board, hospital, county commission, or municipal government may require each employee to enter into a written agreement in advance of such attendance that obligates the employee to repay the employer if he or she voluntarily discontinues employment within one year immediately following completion of the training curriculum. The amount of repayment shall be a pro rata portion of the total compensation which is equal to the portion of the year which the employee chose not to remain employed.
(c) As used in this section, "governing board" has the meaning ascribed in 18B-1-2 of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-9. Special Railroad Police Permitted to Attend Law-Enforcement Training Academies

Special railroad police officers shall be permitted to attend law-enforcement training academies for law-enforcement officers: Provided, That the railroad companies shall pay a tuition fee in an amount sufficient to pay the entire cost of training each employee who attends an academy, which fee shall in no event be less than $45 per day: Provided, however, That special railroad police officers shall be permitted to attend an academy only as space may be available.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-10. Prohibition of Racial Profiling

(a) The Legislature finds that the use by a law-enforcement officer of race, ethnicity, or national origin in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches, and seizures is a problematic law-enforcement tactic. The reality or public perception of racial profiling alienates people from police, hinders community policing efforts, and causes law-enforcement officers and law-enforcement agencies to lose credibility and trust among the people law-enforcement is sworn to protect and serve. Therefore, the West Virginia Legislature declares that racial profiling is contrary to public policy and should not be used as a law-enforcement investigative tactic.
(b) For purposes of this section:
(1) The term "law-enforcement officer" means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof.
(2) The term "municipality" means any incorporated town or city whose boundaries lie within the geographic boundaries of the state.
(3) The term "racial profiling" means the practice of a law-enforcement officer relying, to any degree, on race, ethnicity, or national origin in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law-enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on race, ethnicity, or national origin in combination with other identifying factors when the law-enforcement officer is seeking to apprehend a specific suspect whose race, ethnicity, or national origin is part of the description of the suspect.
(4) The term "state and local law-enforcement agencies" means any duly authorized state, county or municipal organization employing one or more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof.
(c) No law-enforcement officer shall engage in racial profiling.
(d) All state and local law-enforcement agencies shall establish and maintain policies and procedures designed to eliminate racial profiling. Policies and procedures shall include the following:
(1) A prohibition on racial profiling;
(2) Independent procedures for receiving, investigating, and responding to complaints alleging racial profiling by law-enforcement officers;
(3) Procedures to discipline law-enforcement officers who engage in racial profiling;
(4) Procedures to insure the inclusion of training in the investigation of organized criminal enterprises and anti-racial profiling training in new officer training and to law-enforcement officers who have not received such training as certified by the Governor's committee; and
(5) Any other policies and procedures deemed necessary by state and local law-enforcement agencies to eliminate racial profiling.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-12. Law-Enforcement Officers to Receive Identification and Certification to Carry Weapons Off Duty

(a) Every person employed by a West Virginia state, county or municipal agency as a qualified law-enforcement officer within the meaning of 18 U. S. C. §926B, shall receive an appropriate photo identification and certification of training required to carry a concealed firearm under the federal Law-Enforcement Officers Safety Act, 18 U. S. C. §926B. No currently employed officer may be charged a fee for the photo identification and certification. This subsection does not prohibit a law-enforcement agency from controlling the use of any department-owned weapon.
(b) When a qualified law-enforcement officer, within the meaning of 18 U. S. C. §926B, retires from, or otherwise honorably ceases employment with, a West Virginia state, county or municipal agency, the agency shall provide, at no charge, an appropriate photo identification to show the former employee’s status as an honorably separated or retired qualified retired law-enforcement officer within the meaning of 18 U. S. C. §926C. Every West Virginia state, county or municipal law enforcement agency which conducts firearms qualification for current employees shall offer its honorably retired or separated former employees an opportunity to participate in such firearms qualification on an annual basis. The former employees shall provide, at their own expense, an appropriate firearm and ammunition and may be charged a fee not to exceed $25 for such training. Upon completion of the training and payment of any fee, the law-enforcement agency shall issue a new photo identification and certification which identifies the former employee as a “qualified retired law-enforcement officer” who has satisfied the annual training requirements of 18 U. S. C. §926C.
(c) A law-enforcement agency may, in its sole discretion, allow a person who honorably retired or separated from another federal, state, county or municipal law-enforcement agency as a qualified law-enforcement officer within the meaning of 18 U. S. C. §926B, the opportunity to participate in firearms qualification the agency provides its own former employees under subsection (b) of this section. Participants shall provide, at their own expense, an appropriate firearm and ammunition and may be charged a fee not to exceed $50 for such training. Upon completion of the training and payment of any fee, the law-enforcement agency shall issue a certificate which states that the retiree satisfied the training requirements of 18 U. S. C. §926C.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 29. Law-Enforcement Training and Certification › §30-29-13. Chief Executive Requirements

Notwithstanding any provision of this code to the contrary, on or after July 1, 2018, any person appointed to serve as the chief executive of a municipal law-enforcement agency shall be a certified, or certifiable as, a law-enforcement officer as provided in §30-29-5 of this code: Provided, That chief executives of municipal law-enforcement agencies employed prior to July 1, 2018, who are not certified law-enforcement officers are exempt from this requirement for purposes of the position he or she holds as of that date.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 30. Social Workers › §30-30-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice social work in this state without a license or permit issued under this article, or advertise or use any title or description tending to convey the impression that the person is a social worker, unless the person has been licensed or permitted under this article, and the license or permit has not expired, been suspended or revoked.
(b) No business entity, except through a licensee, may render any service or engage in any activity which if rendered or engaged in by an individual, would constitute the practices regulated under this article.