reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 26. Hearing-Aid Dealers and Fitters › §30-26-9. Renewal of License

(a) A person who is engaged in the practice of dealing in or fitting of hearing aids shall renew his license annually upon payment of the prescribed renewal fee. A thirty-day period shall be allowed after expiration of a license during which any such license may be renewed upon payment of the renewal fee plus a penalty for late filing. After the expiration of such thirty-day period, the board may renew such license upon payment of twice the prescribed renewal fee. No person who applies for renewal, whose license was suspended for failure to renew, may be required to submit to any examination as a condition of renewal if application is made within two years following the date such license was so suspended.
(b) In each even numbered year beginning with the year one thousand nine hundred eighty-eight, each applicant for renewal of license shall present to the board evidence of continuing study and education of not less than twenty hours in a course of study approved by the board. Such twenty hours of instruction must have been gained during the immediately preceding two years.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 26. Hearing-Aid Dealers and Fitters › §30-26-10. Notification of Change of Address of Licensee Required

Every licensee under the provisions of this article shall notify the board in writing of the address of each place where he is, or intends to be, engaged in the practice of dealing in or fitting of hearing aids. The board shall cause to be kept a record of each place of business of every such licensee. Any notice required to be given by the board or the department to any such licensee shall be given by mailing the same to him at the address shown upon such records.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 26. Hearing-Aid Dealers and Fitters › §30-26-11. Reciprocity

Whenever the board determines that another state or jurisdiction has requirements for the licensing of persons to engage in the practice of dealing in or fitting of hearing aids, which requirements meet the minimum requirements and standards set forth in this article and the rules and regulations promulgated pursuant to this article, the board may, in the manner prescribed by its rules and regulations, issue a license without the examination required by this article, to any person holding a license in such other state or jurisdiction, upon application, providing such prospective licensee meets all of the requirements set forth in this article and the rules and regulations of the board with respect thereto. All of the fees which such prospective licensee would be otherwise required to pay, shall be paid by such prospective licensee in the same manner and to the same extent as if such prospective licensee were not qualified to engage in such other state or jurisdiction.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 26. Hearing-Aid Dealers and Fitters › §30-26-12. Temporary Trainee Permits

A person who meets all of the qualifications and requirements set forth in subdivision (2), section five of this article may obtain a temporary trainee permit upon application to the board. All such applications for a temporary trainee permit shall be made in the manner and form prescribed in the rules and regulations of the board.
Upon receiving an application for a temporary trainee permit as prescribed in this section, accompanied by the prescribed fee, the board shall issue such permit which shall entitle the applicant trainee to engage in the practice of dealing in or fitting of hearing aids for a period of one year under the supervision and control of a licensee, such licensee to be responsible for the supervision, training and control of such trainee.
If a person holding a temporary trainee permit under this section has not successfully passed the licensing examination within one year from the date of issuance of such permit, the permit may be renewed or reissued under such conditions as the board may require in its rules and regulations for an additional one-year period upon payment of the prescribed fee. No such temporary trainee permit shall be reissued, renewed or extended more than once.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 26. Hearing-Aid Dealers and Fitters › §30-26-13. Refusal to Issue, Suspension or Revocation of License or Trainee Permit; False and Deceptive Advertising

(a) The board may refuse to issue or renew, or may suspend or revoke any license or trainee permit for any one, or any combination of the following causes: Violation of a rule or regulation governing the ethical practice of dealing in or fitting of hearing aids promulgated by the board under the authority granted by this article; conviction of a felony, as shown by a certified copy of the record of the court wherein such conviction was had after such conviction has become final; the obtaining of or the attempt to obtain a license, money or any other thing of value, by fraudulent misrepresentation; malpractice; continued practice of dealing in or fitting of hearing aids by a person knowingly having a chronic infectious or contagious disease; habitual drunkenness or addiction to the use of a controlled substance as defined in chapter sixty-a of this code; advertising, practicing or attempting to practice under a name other than one's own; advertising by means of or selling by the use of knowingly false or deceptive statements.
(b) False and deceptive advertisement shall constitute unethical practice and the board, by rules and regulations may regulate and proscribe acts considered by it to be false and deceptive advertisement.
The rules and regulations promulgated pursuant to this subsection shall include prohibitions against (1) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised, (2) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance or repair of hearing aids when that is not true, or using the words "doctor,""clinic" or similar words, abbreviations or symbols which tend to connote the medical profession when such use is not accurate, and (3) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist or using the words "audiologist,""state licensed clinic,""state registered," "state certified," or "state approved" or any other term, abbreviation or symbol when it would falsely give the impression that service is being provided by persons holding a degree in audiology or trained in clinical audiology, or that licensee's service has been recommended by the state when such is not the case.
(c) The refusal to issue or renew a license or trainee permit or the suspension or revocation of a license or trainee permit by the board must have the concurrence of a majority of the members of the board.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 26. Hearing-Aid Dealers and Fitters › §30-26-21. Sunset and Transfer of Duties Provision; Effective Date

(a) The State Board of Hearing-Aid Dealers and Fitters established in this article shall terminate on June 30, 2023, unless continued by the Legislature. Pursuant to 4-10-12 and 4-10-13 of this code, the board shall commence all necessary activities pertinent to the wind-up of all board-related activities. Notwithstanding the termination of the board, the regulation and licensure of hearing aid fitters engaged in the practice of dealing in or fitting of hearing aids under 30-26-1
et seq
. of this code shall continue with the exception of 30-26-17(6) of this code.
(b) Upon termination of the board, the West Virginia Board of Examiners for Speech-Language Pathology and Audiology shall supervise, regulate, and control the practice of dealing in or fitting of hearing aids in this state. Notwithstanding any other provision of code, hearing aids, mean any wearable device or instrument intended to aid, improve, or compensate for defective or impaired human hearing, may be advertised for mail-order sale in any advertising medium and sold by mail-order sale to any person in this state upon the effective date of this legislation.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-8a. Barber and Cosmetologist Apprentice

(a) The board may establish an apprenticeship program to become a barber or cosmetologist. A barber or cosmetologist apprentice shall work at all times under the direct supervision of a licensed barber or cosmetologist and any permit issued by the board to work as a barber or cosmetologist apprentice does not allow a person to practice individually as a barber or cosmetologist.
(b) An applicant for a barber or cosmetologist apprenticeship shall present satisfactory evidence that he or she:
(1) Is at least 16 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 or cosmetologist apprentice shall present satisfactory evidence that he or she:
(1) Is licensed as a barber or cosmetologist 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 or cosmetologist apprentice shall be a current licensed barber or cosmetologist 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 29A-3-1
et seq
., to implement the provisions of this section, including:
(1) The requirements for:
(A) The barber or cosmetologist apprenticeship program;
(B) The barber or cosmetologist apprentice permit; and
(C) A licensed barber or cosmetologist to sponsor a barber or cosmetologist apprentice;
(2) Procedures for an examination;
(3) A fee schedule; and
(4) Any other rules necessary to effectuate the provisions of this section.
2023 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 18 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 100-hour class that consists of: Professional requirements, safety and health, skin structure, disorders and diseases, removal of superfluous hair and 25 hours on the clinic floor, supervised, for a total of 125 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 1500 clock-hour level licensure who has previously completed a 1200 clock-hour training program, and who subsequently completes a 300 clock-hour certification program in chemical services.
(c) A cosmetologist who obtains the necessary hours of training in an apprenticeship program outlined in 30-27-8a of this code shall be issued the necessary certification as if the apprentice had completed beauty school, so long as the apprentice has completed the necessary requirements outlined in that section. The apprenticeship program established by the board may allow individuals to participate in beauty school to the extent necessary to obtain any other classroom instruction or technical training that is not otherwise provided in the apprenticeship.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-9. Professional License From Another State; License to Practice in This State; Provisional License to Practice in This State

(a) The board shall issue a professional license to practice to an applicant of good moral character who holds a valid license or other authorization to practice in that particular field from another state, if the applicant demonstrates that he or she:
(1) Holds a valid license or other authorization to practice in another state which was granted after completion of educational requirements required in another state;
(2) Does not have charges pending against his or her valid license or other authorization to practice and has never had a valid license or other authorization to practice revoked;
(3) Has paid the applicable fee;
(4) Is at least 18 years of age;
(5) Has a high school diploma, a GED, or has passed the "ability to benefit test" approved by the United States Department of Education;
(6) Is a citizen of the United States or is eligible for employment in the United States;
(7) Has presented a certificate of health issued by a licensed physician; and
(8) Has fulfilled any other requirement specified by the board.
(b) The board shall award an applicant holding an expired license from another state a provisional license to practice in this state: Provided, That applicant does not have charges pending against his or her expired license or other authorization to practice and has never had a license revoked or other authorization to practice revoked. The provisional license will become a full license after the applicant:
(1) Has worked for one year under the supervision of someone with a valid license in this state;
(2) Does not have any complaints filed against him or her during the year the applicant holds a provisional license;
(3) Has paid all applicable fees for a provisional license and valid license;
(4) Is at least 18 years of age;
(5) Has a high school diploma, a GED, or has passed the "ability to benefit test" approved by the United States Department of Education;
(6) Is a citizen of the United States or is eligible for employment in the United States;
(7) Has presented a certificate of health issued by a licensed physician; and
(8) Has fulfilled any other requirement specified by the board.
The board may determine the applicable fees for a provisional license: Provided, That the cost shall not exceed one-half the cost of a full license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-10. Professional License and Certificate Renewal Requirements

(a) A professional licensee and certificate holder shall annually on or before January 1, renew his or her professional license or certificate by completing a form prescribed by the board, paying the renewal fee, and submitting any other information required by the board.
(b) The board shall charge a fee for each renewal of a license or certificate, and a late fee for any renewal not paid by the due date.
(c) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license or certificate.
(d) The board shall recognize reciprocity for military barbers for the purpose of the state examination for barbers.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-11. Work Permit

(a) The board may issue a work permit to practice to an applicant who meets the following conditions:
(1) Has graduated from a licensed school 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;
(2) Is waiting to take the examination;
(3) Has employment in the field in which he or she applied to take the examination and is working under the general supervision of a professional licensee;
(4) Has paid the work permit fee;
(5) Has presented a certificate of health issued by a licensed physician;
(6) Is a citizen of the United States or is eligible for employment in the United States; and
(7) Meets all the other requirements specified by the board.
(b) A work permit expires at the end of the month after issuance following the next examination in the specific field. A work permit may be renewed once.
(c) While in effect, a work permitee is subject to the restrictions and requirements imposed by this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-12. Student Registration; Classes

(a) Prior to commencing studies in a licensed school, a student shall acquire a student registration issued by the board.
(b) An applicant for a student registration shall present satisfactory evidence that he or she meets the following conditions:
(1) Is enrolled as a student in a licensed school;
(2) Is of good moral character;
(3) Has paid the required fee;
(4) Has presented a certificate of health issued by a licensed physician; and
(5) Is a citizen of the United States or is eligible for employment in the United States.
(c) The student registration is good during the prescribed period of study for the student.
(d) The student may perform acts constituting barbering, hairstyling, cosmetology, aesthetics or nail care in a school under the general supervision of a master or certified instructor.
(e) The student is not required to take class hours that are consecutive.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-13. Display of Professional License and Permits

(a) The board shall prescribe the form for a professional license and work and student permits, including a photograph, and may issue a duplicate license or permit upon payment of a fee.
(b) Every professional licensee and work permitee shall display his or her license or permit in a conspicuous place at his or her work station.
(c) Every student shall have available his or her student permit and be able to produce it upon request.
(d) Every professional licensee, work permitee, or certificate holder must present such license, permit, certification or registration to an investigator/inspector or a board member upon request.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-14. Health Certificate Requirements

(a) It is unlawful for a person to practice as a professional licensee, certificate holder or be a permitee or be a certified instructor while having an infectious, contagious or communicable disease.
(b) The board may, with cause, require a professional licensee, permitee, certificate holder or certified instructor to submit to a physical examination and file a certificate of health.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-15. Schools May Provide Certain Classes at Different Locations

A licensed school may provide clinical instruction and theory instruction in separate locations. Any school authorized under this article cannot be established within the same physical structure as a salon, spa or similar business licensed under W. Va. Code §30-27-17.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-16. Certification Requirements to Be an Instructor in a School

(a) The board may issue a certificate to be an instructor in a school to an applicant who meets the following requirements:
(1) Meets the educational requirements established by the board;
(2) Has completed and passed a course in teaching techniques at a post-secondary educational level;
(3) Has passed the instructor examination;
(4) Has paid the appropriate fees;
(5) Presents 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.
(b) All instructor certifications must be renewed annually or biennially on or before January 1 and pay a renewal fee.
(c) A certification to be an instructor issued by the board prior to January 1, 2009, shall for all purposes be considered a certification issued under this article: Provided, That a person holding a certification issued prior to January 1, 2009, must renew the certification pursuant to the provisions of this article.
(d) An instructor with an expired certificate must comply with the following to renew his or her certificate:
(1) Notify the board that he or she wants to be placed on inactive status; or
(2) Pay all lapsed renewal fees;
(3) Present a new certificate of health; and
(4) Meet the qualifications for certification set out in this article.
(e) A certified instructor is not required to have an active professional license, unless the instructor is in fact practicing outside the scope of his or her employment as an instructor.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-17. Salon License Requirements

(a) Prior to opening a salon, any person, firm or corporation owning and/or operating a salon, and any person, firm or corporation practicing in a field authorized by this article, shall meet the following requirements to acquire a salon license to do business:
(1) The salon has been approved by the board as having met all the requirements and qualifications for the place of business as are required by this article;
(2) Notify the board, in writing, at least twenty days before the proposed opening date, so there can be an inspection of the salon: Provided, That if an inspection is not made within ten days of the opening of the salon, or a salon license to open has not been granted or refused, then the salon may open provisionally subject to a later inspection and to all other provisions and rules provided in this article;
(3) Pay all applicable fees;
(4) All rooms, facilities, bathrooms, toilets and adjoining rooms used in the place of business are kept clean, sanitary, well lighted and ventilated at all times. The use of chunk alum, powder puffs and styptic pencils in any shop is prohibited;
(5) Every professional licensee, certificate holder, or permitee in the place of business thoroughly cleans his or her hands with soap and water immediately before serving any patron; and
(6) Every patron is served with clean, freshly laundered linen that is kept in a closed cabinet used for that purpose only. All linens, immediately after being used, must be placed in a receptacle used for that purpose only.
(b) All rules shall be kept posted in a conspicuous place in each place of business.
(c) All salon licenses must be renewed annually on or before July 1 and pay a renewal fee.
(d) A license to operate a salon issued by the board prior to July 1, 2009, shall for all purposes be considered a salon license issued under this article: Provided, That a person holding a license issued prior to July 1, 2009, must renew the license pursuant to the provisions of this article.
(e) The salon license shall be permanently displayed in the salon and a suitable sign shall be displayed at the main entrance of the salon which shall plainly indicate what type of salon is being operated.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-17a. Mobile Shops

(a) Every mobile shop in this state offering services set forth in this article shall be operated under the supervision and management of a professional licensee or certificate holder licensed under this article.
(b) Prior to opening a mobile shop, any person, firm, or corporation owning and/or operating the mobile shop shall meet the following requirements to acquire a mobile shop license to do business:
(1) Provide to the board a physical description and photographs of the exterior of the mobile shop and, if applicable, its vehicle registration number to facilitate ready identification of the mobile shop;
(2) Meet all board requirements and qualifications for a place of business, not incompatible with a mobile facility, as are required by this article;
(3) Notify the board, in writing, at least 20 days before the proposed opening date, so there can be an inspection of the mobile shop:
Provided
, That if an inspection is not made within 10 days of the opening of the mobile shop, or a mobile shop license to open has not been granted or refused, then the mobile shop may open provisionally subject to a later inspection and to all other provisions and rules provided in this article; and
(4) Pay all applicable fees.
(c) Every mobile shop shall be equipped with an electronic device, approved by the board, capable of transmitting its location, as well as an identifying label or call sign, to the board at all times. This device shall be in operation at all times that the mobile shop is open and at additional times specified by the board.
(d) If the mobile shop visits identified locations on a regular schedule, the managing licensee shall provide a copy of the schedule to the board and shall notify the board in writing of any changes to the regular schedule within five days of changing the schedule.
(e) Each mobile unit shall, at a minimum, be equipped with each of the following functioning systems:
(1) A self-contained, potable water supply of not less than 100 gallons, and waste water collection tanks shall be of adequate capacity;
(2) Continuous, on-demand hot water tanks which shall have not less than a six-gallon capacity; and
(3) A cooling and heating system sufficient to maintain a comfortable room temperature in the mobile shop during all hours of operation.
(f) All mobile shop licenses must be renewed annually on or before July 1 and pay a renewal fee.
(g) The mobile shop license shall be permanently displayed in the mobile shop, and a suitable sign shall be displayed at the entrance of the mobile shop which shall plainly indicate the business conducted therein.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-18. Salon Management Requirements

(a) Every salon in this state offering the services set forth in this article shall be operated under the supervision and management of a professional licensee or certificate holder licensed under this article.
(b) Any services set forth in this article may be conducted within the same salon. A suitable sign shall be displayed at the main entrance of all salons plainly indicating the business conducted therein.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 27. Board of Barbers and Cosmetologists › §30-27-19. Booth or Chair Rental Registration Requirements

(a) Any professional licensee or certificate holder who elects to rent or lease a booth or chair from a licensed salon owner and/or operator must comply with the following to receive a registration from the board:
(1) Register with the board;
(2) Register with the state Tax Division and present the registration to the board;
(3) Pay a registration fee;
(4) Notify the board of the length of any rental or lease agreement;
(5) State the name of the person or salon from which a chair or booth is being rented or leased; and
(6) State the effective date of the rental or lease.
(b) If a person registered with the board pursuant to this section elects to move from one salon to rent or lease a chair or booth from another salon, then he or she must register again with the board and pay a fee.
(c) Each licensed salon owner and/or operator who elects to rent or lease chairs or booths shall notify the board in writing of such rental or lease within ten days of the effective date of the rental or lease.
(d) The board shall quarterly notify the state Tax Commissioner of all persons registered pursuant to this section during the previous quarter. Such notice shall be in writing and shall include the following:
(1) The names of all the registered professional licensees or certificate holders;
(2) The names of the salons where space is being rented or leased; and
(3) The length of time of each rental or lease agreement.
(e) All registrations must be renewed annually on or before July 1 and pay a renewal fee.
(f) A registration to rent or lease a booth or chair issued by the board prior to July 1, 2009, shall for all purposes be considered a registration issued under this article: Provided, That a person holding a registration to rent or lease a booth or chair issued prior to July 1, 2009, must renew the registration pursuant to the provisions of this article.