reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-4. Board of Registration for Professional Engineers; Appointment and Term

There is hereby created the board of registration for professional engineers which shall hereafter be referred to as the board. The board shall be composed of five members appointed by the Governor, by and with the consent of the Senate, preferably from a list of names submitted by the West Virginia society of professional engineers. The members of the board shall be qualified and shall meet the requirements of section five of this article. The Governor shall present each board member with a certificate of appointment. Each board member shall make and file an oath or affirmation with the Secretary of State to faithfully execute the duties of a member of the board. Members of the board shall serve a term of five years. Of the members first appointed, one shall serve a term of one year, one shall serve a term of two years, one shall serve a term of three years, one shall serve a term of four years and one shall serve a term of five years. Members are eligible for reappointment but no member may be appointed for more than three full consecutive terms. Each member shall hold office until the expiration of the term for which appointed or until a successor has been duly appointed and has qualified. In the event of a vacancy on the board due to resignation, death or for any cause resulting in an unexpired term and if not filled within three months by the Governor, the board may appoint a member to serve in the vacancy until the Governor makes the appointment. Members of the former board whose terms have not expired shall fill the term on this board which corresponds with the length of the unexpired term of that member.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-5. Board Qualifications

Each member of the board must be a citizen of the United States and a resident of this state. Each member shall have been engaged in the lawful practice of engineering as a professional engineer for at least twelve years; shall have been in responsible charge of engineering projects for at least five years; and shall be a registered professional engineer in this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-8. Organization and Meetings

The board shall hold at least one regular meeting each year. Special meetings may be held as the bylaws of the board provide. Each year the board shall elect the following officers: A president, a vice president and a secretary, who shall serve at the will and pleasure of the board. A quorum of the board shall consist of not less than three professional engineer members.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-9. Board Powers

(a) The board may adopt and amend bylaws not inconsistent with the Constitution and laws of this state. The board may promulgate and shall adopt "rules of professional responsibility for professional engineers". These rules are binding to any person registered with the board under the provisions of this article. These rules are also applicable to firms holding a certificate of authorization as provided in section seventeen of this article.
(b) The board may subpoena witnesses and compel their attendance and it may also subpoena books, papers, documents or other pertinent data in any disciplinary matters or in any case involving an allegation of a violation of the provisions of this article. The board may apply to the circuit court of Kanawha county to enforce compliance with any subpoena it issues.
(c) The board may seek an injunction in circuit court to enforce the provisions of this article or to restrain a person or entity from violating a provision of this article. In pursuing injunctive relief under this section, the board shall not be required to prove that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation. The members of the board may not be personally liable for any decisions made in good faith in pursuing injunctive relief.
(d) The board may require all applicants for registration to take and successfully pass an examination of their fitness and qualifications to become registered.
(e) The board may require that a registered professional engineer demonstrate continuing professional competency in engineering as a condition of renewal or reregistration.
(f) Board members are exempt from civil liability for any decision made or any act done in good faith in the performance of any duty or the exercise of any power granted under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-10. Receipt of Fees, Fund Established, Disbursements

There is hereby established within the State Treasury a "board of professional engineers fund". The board shall deposit all fees and other moneys received by the board into the fund. The moneys in the fund shall be used for expenses of the board and shall be requisitioned on the signatures of the president and secretary of the board. The secretary of the board shall annually furnish an accounting of all funds received and expended by the board to the Governor and to each house of the Legislature. The board may use the moneys in the fund to employ necessary staff, pay for membership fees to the national council of examiners for engineering and surveying and for any other necessary and reasonable expense of the board: Provided, That the board may not issue warrants in excess of moneys in the fund.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-11. Records and Reports

(a) The board shall keep a record of its proceedings and of all applications for registration. The record shall show: (1) The name, age and last known address of each applicant; (2) the date of application; (3) place of business of such applicant; (4) education, experience and other qualifications; (5) type of examination required; (6) whether or not the applicant was rejected; (7) whether or not a certificate of registration was granted; (8) the date of the action by the board; and (9) such information as may be deemed necessary by the board.
(b) The record of the board is prima facie evidence of the proceedings of the board and a transcript duly certified by the secretary shall be admissible as evidence with the same force and effect as if the original were produced.
(c) On July 1, of each year, the board shall submit to the Governor a report of its transactions of the preceding year and shall transmit to the Governor a complete statement of the receipts and expenditures of the board, attested to by affidavits of its chairman and secretary.
(d) Board records and papers of the following class are of a confidential nature and are not public records: Examination material for examinations not yet given, file records of examination problem solutions, letters of inquiry and reference concerning applicants, board inquiry forms concerning applicants, investigation files where any investigation is still pending and all other materials of like confidential nature.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-12. Roster

A complete roster with the names and the last known addresses of all registered professional engineers shall be published by the secretary of the board at intervals established by the board. Copies of this roster may be mailed to each person registered and shall be placed on file with the Secretary of State and may be distributed or sold to county and city officials and to the public.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-13a. Designations of Nonpracticing Status

The board may designate a professional engineer as ineligible to practice or offer to practice engineering in this state using one of the following terms:
(1) Professional engineer-retired. – A registrant may apply for retired status upon certification that he or she is no longer practicing or offering to practice engineering in this state for remuneration.
(2) Professional engineer-inactive. – A registrant may request inactive status upon affirmation that he or she is no longer practicing or offering to practice engineering in this state.
(3) Professional engineer-lapsed. – A registrant's license is lapsed when the registrant does not respond to renewal notices or pay the required fees.
(4) Professional engineer-invalidated. – A registrant's license is invalidated when he or she is unable to provide sufficient proof that any condition of renewal set forth in this article or by board rule has been met.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-14. Application and Registration Fee

Every person seeking to become registered as a professional engineer or seeking to become certified as an engineer intern shall file an application on forms provided by the board. The application shall be made under oath and shall include:
(a) The level of education of the applicant;
(b) A summary of the applicant's technical experience; and
(c) The names and complete mailing addresses of any references.
Applicants may not use the names of board members as references.
In lieu of information required on the board's application forms, the board may accept the verified information contained in a valid council record issued by the national council of examiners for engineering and surveying for professional engineer applicants.
The board shall set fees for all applicants for registration and certification by promulgating legislative rules under the provisions of article three, chapter twenty-nine-a of this code.
Fees of unsuccessful applicants and the fees of applicants who have been refused registration or certification for any purpose shall be retained by the board to cover administrative costs.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-15. Examinations

(a) The board has the power to establish, by legislative rule, the requirements for examination for registration as a professional engineer and certification as an engineer intern including, but not limited to, the following criteria: subject matter, prerequisites for testing, passing score, examination sites and schedules, entities authorized to administer examinations, prerequisites for testing and form of testing, including examination by electronic or other means.
(b) The board's rules for examination shall include the following minimum requirements:
(1) An examination to qualify to be an engineer intern, to test the applicant's knowledge and understanding of the fundamentals of engineering; and
(2) An examination to qualify as a professional engineer, to test the applicant's knowledge and understanding of the principles and practice of engineering.
(c) If the board determines that the safe and ethical practice of engineering in this state requires examination of matters specific to the law and practice in this state, the board may also establish criteria, by legislative rule, for an examination of the applicant's knowledge and understanding of this state's statutes, rules, professional ethics and design requirements.
(d) A candidate for registration as a professional engineer who fails the examination of the principles and practice of engineering may retake the examination one time upon payment of the fee established by the board. In the event of a second failure, the candidate may not repeat the examination unless the examinee demonstrates to the board that he or she has pursued additional instruction or training to correct the candidate's deficit areas of knowledge.
(e) In the event that examination requirements, test administration procedures, scoring or testing methods are modified by a board-approved testing entity providing standard tests for use by the board, the board has the authority to promulgate emergency rules to adopt and reflect those changes.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-16. Certificates and Seals

(a) The board shall issue a certificate of registration to any applicant who, in the opinion of the board, has met the requirements of this article. The certificate of registration shall carry the designation "professional engineer". It shall give the full name of the registrant with their registration number and shall be signed by the chairman and the secretary under the seal of the board. The certificate of registration grants the recipient authority to practice in this state.
(b) An unexpired and unrevoked certificate is prima facie evidence that the person named on it is entitled to all rights, privileges and responsibilities of a professional engineer.
(c) Every registrant shall obtain a seal for use in identifying his or her official professional work. The design of the seal shall be determined by the board and shall bear the registrant's name, registrant's registration number, the legend "registered professional engineer, state of West Virginia" and such other words or figures as the board may prescribe. The seal may be a rubber stamp. Whenever the seal is applied, the registrant's written signature shall be adjacent to or across the seal. No further words or wording are required. A facsimile signature is not acceptable. Whenever presented to a client or any public or governmental agency, the seal, signature and date shall be placed on all specifications, reports, drawings, plans, design information and calculations in accordance with rules promulgated by the board. The seal and signature shall be used by registrants only when the work being stamped was under the registrant's complete direction and control.
In the case of a registrant of another state using a temporary permit issued by this state, the registrant shall use the state of permanent registration seal and shall affix his or her signature and temporary permit number to all work. In the case of a registrant checking the work of an out-of-state registrant, the state registrant shall completely check and have complete dominion and control of the design. The complete dominion and control includes possession of the sealed and signed reproducible construction drawings with complete signed and sealed design calculations indicating all changes in design.
(d) The board shall issue to any applicant who, in the opinion of the board, has met the requirements of this article, an enrollment card as engineer intern, which indicates that his or her name has been recorded in the board office. The engineer intern enrollment card does not authorize the holder to practice as a professional engineer. It is unlawful for a registrant to affix or to permit his or her seal and signature to be affixed to any document after the expiration of his or her certificate or for the purpose of aiding or abetting any other person to evade or attempt to evade any provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-17. Certificates of Authorization Required; Naming of Engineering Firms

(a) No person or firm is authorized to practice or offer to practice engineering in this state until the person or firm has been issued a certificate of authorization by the board.
(b) A person or firm desiring a certificate of authorization must file all the required information with the board on an application form specified by the board. The required information shall include the sworn statement of the engineer in responsible charge who is a professional engineer registered in this state. The board shall issue a certificate of authorization to an applicant who has met all the requirements and paid the fees set forth in board rules.
(c) No person or firm is relieved of responsibility for the conduct or acts of its agents, employees, officers or partners due to compliance with the provisions of this article. No individual practicing engineering under the provisions of this article is relieved of responsibility for engineering services performed due to his or her employment or other relationship with a person or firm holding a certificate of authorization.
(d) An engineer who renders occasional, part-time or contract engineering services to or for a firm may not be designated as being in responsible charge for the professional activities of the firm unless that engineer is an owner or principal of the firm.
(e) The Secretary of State shall not issue a certificate of authority or business registration or license to an applicant whose business includes, among the objectives for which it is established, the words engineer, engineering or any modification or derivation thereof unless the board of registration for this profession has issued to the applicant a certificate of authorization or a letter indicating eligibility to receive the certificate. The certificate or letter from the board shall be filed with the application filed with the Secretary of State to do business in West Virginia.
(f) The Secretary of State shall decline to register a trade name or service mark which includes the words engineer, engineering or modifications or derivatives thereof in its business name or logotype except those businesses holding a certificate of authorization issued under the provisions of this article.
(g) The certificate of authorization may be renewed or reinstated in accordance with board rule and upon payment of the required fees.
(h) Every holder of a certificate of authorization has a duty to notify the board promptly of any change in information previously submitted to the board in an application for a certificate of authorization.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-18. Renewals and Reinstatement

(a) Certificates of registration and certificates of authorization expire on the last day of December of the year indicated on the certificate, and the holder of any certificate that is not timely renewed is ineligible to practice or offer to practice engineering in this state until the certificate has been reinstated in accordance with rules promulgated by the board.
(b) Certificates may be renewed only in accordance with board rule, which may include payment of a late fee for renewals not postmarked by December 31 of the year in which renewal is required. The board shall notify every person or firm holding an active certificate under this article of the certificate renewal requirements at least one month prior to the renewal date. The notice shall be made by mail or electronic means using the contact information provided to the board.
(c) A certificate that was not timely renewed or for other reason was given a nonpracticing status may be reinstated under rules promulgated by the board and may require reexamination and payment of fees set forth in board rules.
(d) Effective July 1, 2015, the board may renew certificates on a biennial basis.
(e) The board shall promulgate emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code to implement the provisions of this section.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-22. Disciplinary Action -- Procedures

(a) Any person may file a complaint with the board that a person or firm subject to the provisions of this article has committed a fraud, been deceitful, been grossly negligent, incompetent, guilty of misconduct or has violated the "rules of professional responsibility for professional engineers".
(b) All complaints, unless dismissed by the board as unfounded, trivial or unless settled informally, shall be heard by the board within six months after the date each complaint was received by the board.
(c) The board shall fix the time and place for hearings on complaints and a copy of all charges, together with a notice of the time and place of hearing on the complaint the person or firm complained against or mailed to the last known address of the person or firm at least thirty days prior to the hearing. At the hearing, the person or firm shall have the right to appear in person or by counsel, or both, to cross-examine witnesses and to produce evidence and witnesses in his her or its defense. If the accused person or firm fails or refuses to appear, the board may proceed to hear the complaint and determine the validity of the charges.
(d) If after the hearing a majority of the board votes in favor of sustaining the charges, the board shall reprimand or assess a civil penalty against the person or firm complained against. The board may also suspend, revoke, refuse to issue or refuse to restore or renew an individual's certificate of registration or a firm's certificate of authorization. In addition, the board may place a registrant on probation.
(e) Any person or firm aggrieved by any action of the board in assessing a civil penalty, denying, suspending, refusing to issue, refusing to restore or renew or revoking a certificate of registration or a certificate of authorization, may appeal the board's decision to the circuit court.
(f) Any civil penalty assessed as a result of a hearing shall be paid within fifty days after the decision becomes final.
(g) The board may, upon petition of a person or firm, reissue a certificate of registration or authorization, provided that a majority of the members of the board votes in favor of such issuance.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-23. Criminal Offenses

Any person who practices or offers to practice engineering in this state without being registered in accordance with the provisions of this article, or any person, firm, partnership, organization, association, corporation or other entity using or employing the words engineer, engineering or any modification or derivative thereof in its name or form of business activity except as authorized in this article, or any person presenting or attempting to use the certificate of registration or the seal of another, or any person who gives any false or forged evidence of any kind to the board or to any member thereof in obtaining or attempting to obtain a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired, suspended or revoked or nonexistent certificate of registration, or who practices or offers to practice when not qualified, or any person who falsely claims that he or she is registered or authorized under this article, or any person who violates any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
Any person who commits a second or subsequent offense under this section is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty years.
The Attorney General may act as legal adviser to the board and render any legal assistance as may be necessary in carrying out the provisions of this article. The board may employ counsel and necessary assistance to aid in the enforcement of this article and the compensation and expenses of the council shall be paid from the funds of the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-24. Exemptions

This article may not be construed to prevent the practice by:
(a) Other professions. -- The practice of any other legally recognized profession;
(b) Temporary permits. -- The practice or offer to practice engineering by a person not a resident of or having no established place of business in this state, provided the person is legally qualified by registration to practice engineering, as defined in this article, in their own state or country. The person shall make application to the board in writing and after payment of a fee established by the board may be granted a written permit for a definite period of time not to exceed one year to do a specific job: Provided, That no right to practice engineering shall accrue to the applicant with respect to any other works not set forth in the permit; and
(c) Employees and subordinates. -- The work of an employee or a subordinate of a person holding a certificate of registration under this article, or an employee of a person practicing lawfully: Provided, That the work does not include final engineering designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of registration under this article or a person practicing lawfully. Any regular full-time employee of a person, partnership, corporation or other business entity who is engaged solely and exclusively in performing services for such person, partnership, corporation or other business entity, who is not required by any provision of the law other than this article to be a registered professional engineer and whose services are performed on, or in connection with, property owned or leased by such person, partnership, corporation or other business entity, or in which such person, partnership, corporation or other business entity has an interest, estate or possessory right, and are not offered or made available to the public. This exemption includes the use of job title and personal classification by such person, but no name, title or words may be used which tend to convey the impression that an unlicensed person is offering professional engineering services to the public.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice surveying in this state without a license issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a surveyor, unless such person has been licensed under the provisions of this article.
(b) It is unlawful for any firm to practice or offer to practice surveying in this state without a certificate of authorization issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that it is a surveying firm, unless such firm has been issued a certificate of authorization under the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-4. Board of Professional Surveyors

(a) The "West Virginia Board of Professional Surveyors" is continued. Any member of the board, except the endorsed underground surveyor member, in office on July 1, 2010, may continue to serve until his or her successor has been appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the advice and consent of the Senate, shall appoint one licensed professional surveyor with at least ten years of experience in land surveying to replace the endorsed underground surveyor.
(c) Commencing July 1, 2010, the board shall consist of the following five members with staggered terms:
(1) Three licensed professional surveyors with at least ten years of experience in land surveying;
(2) One person who has a license in another field of practice other than surveying and also who has a surveyor license by examination and has practiced surveying for at least ten years; and
(3) One citizen member who is not regulated under the provisions of this article and does not perform any services related to the practice of surveying under the provisions of this article.
(d) Each licensed member of the board, at the time of his or her appointment, must have held a license in this state for a period of not less than three years immediately preceding the appointment.
(e) Each member must be appointed by the Governor, by and with the advice and consent of the Senate, and must be a resident of this state during the appointment term.
(f) The term of each board member is four years.
(g) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member shall continue to serve until his or her successor has been appointed and qualified.
(h) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(i) A licensed member of the board immediately and automatically forfeits membership to the board if his or her license to practice is suspended or revoked.
(j) A member of the board immediately and automatically forfeits membership to the board if he or she is convicted of a felony under the laws of any jurisdiction or becomes a nonresident of this state.
(k) The board shall designate one of its members as chairperson and one member as secretary-treasurer.
(l) Each member of the board is entitled to receive compensation and expense reimbursement in accordance with section eleven, article one of this chapter.
(m) A majority of the members of the board shall constitute a quorum.
(n) The board shall hold at least one annual meeting. Other meetings shall be held at the call of the chairperson, or upon the written request of two members, at such time and place as designated in the call or request.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-5. Powers and Duties of the Board

The board has all the powers and duties set forth in article one of this chapter and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer examinations and reexaminations;
(2) Set the requirements for a license, endorsement, surveyor-in-charge and certificate of authorization;
(3) Establish qualifications for licensure and procedures for submitting, approving and disapproving applications for a license, endorsement and certificate of authorization;
(4) Examine the qualifications of any applicant for a license and endorsement;
(5) Prepare, conduct, administer and grade examinations and reexaminations required under the provisions of this article;
(6) Determine the passing grade for the examinations and reexaminations required under the provisions of this article;
(7) Administer, or contract with third parties to administer, the examinations and reexaminations required under the provisions of this article;
(8) Maintain records of the examinations and reexaminations the board or a third party administers, including the number of persons taking the examination or reexamination and the pass and fail rate;
(9) Maintain an accurate registry of names and addresses of all licensees and endorsees;
(10) Maintain an accurate registry of names and addresses of firms holding a certificate of authorization;
(11) Establish the standards for surveys;
(12) Define the fees charged under the provisions of this article;
(13) Issue, renew, deny, suspend, revoke or reinstate licenses and endorsements, and discipline such persons;
(14) Issue, renew, deny, suspend, revoke or reinstate certificates of authorization and discipline such firms;
(15) Establish and implement the continuing education requirements for licensees and endorsees;
(16) Sue and be sued in its official name as an agency of this state;
(17) Hire, set the job requirements for, fix the compensation of and discharge investigators and the employees necessary to enforce the provisions of this article;
(18) Investigate alleged violations of the provisions of this article, the rules promulgated hereunder, and orders and final decisions of the board;
(19) Conduct hearings upon charges calling for discipline of a licensee, endorsee or certificate holder, or revocation or suspension of a license, endorsement or certificate of authorization;
(20) Set disciplinary action and issue orders;
(21) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(22) Take all other actions necessary and proper to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-6. Rule-Making Authority

(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article, including:
(1) Setting the standards and requirements for licensure, endorsement, surveyor-in-charge and certificate of authorization;
(2) Setting the procedure for examinations and reexaminations;
(3) Establishing requirements for third parties to administer examinations and reexaminations;
(4) Establishing procedures for the issuance and renewal of a license, endorsement and certificate of authorization;
(5) Setting a schedule of fees;
(6) Establishing and implementing requirements for continuing education for licensees and endorsees;
(7) Evaluating the curriculum, experience and the instructional hours required for a license and endorsement;
(8) Denying, suspending, revoking, reinstating or limiting the practice of a licensee, endorsee or certificate holder;
(9) Establishing electronic signature requirements;
(10) Establishing minimum standards for surveys;
(11) Establishing a process to record plats;
(12) Establishing seal and document certification standards; and
(13) Proposing any other rules or taking other action necessary to effectuate the provisions of this article.
(b) All rules in effect on July 1, 2010, shall remain in effect until they are amended, modified, repealed or replaced.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Professional Surveyors Fund" which fund is continued. The fund shall be used by the board for the administration of this article. Except as may be provided in section eleven, article one of this chapter, the board shall retain the amounts in the special revenue fund from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the State Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-8. Education, Experience and Examination Requirements for a Surveying License

(a) Before a person may apply for a surveying license, the person must have completed one of the following educational, experience and examination requirements:
(1) Has a four-year degree or a bachelor degree in surveying approved by the board, which degree must include a minimum of thirty hours of surveying or surveying-related courses, has passed an examination in the fundamentals of land surveying, has two years or more of experience in surveying in responsible charge, has passed an examination in the principles and practice of land surveying and has passed the West Virginia examination;
(2) Has a four-year degree or a bachelor degree, has completed a minimum of thirty hours of surveying or surveying-related courses, has passed an examination in the fundamentals of land surveying, has four years or more of experience in surveying, including two years of experience in responsible charge under the direct supervision of a licensee or a person authorized in another jurisdiction to engage in the practice of surveying, has passed an examination in the principles and practice of land surveying and has passed the West Virginia examination; or
(3) Has a two-year degree or an associate degree in surveying or a related field approved by the board, which degree must include a minimum of thirty hours of surveying or surveying-related courses, has passed an examination in the fundamentals of land surveying, has four years or more of experience in surveying, including two years of experience in responsible charge under the direct supervision of a licensee or a person authorized in another state or country to engage in the practice of surveying, has passed an examination in the principles and practice of land surveying and has passed the West Virginia examination.
(b) A person graduating from a two-year or four-year approved surveying degree program with a grade point average of 3.0 or higher is permitted to take the examination in the fundamentals of land surveying during his or her final semester.
(c) A person must pass the examination in the fundamentals of land surveying and complete the work experience before he or she is allowed to take the examination in the principles and practice of land surveying and the West Virginia examination.
(d) The examination in the fundamentals of land surveying, the examination in the principles and practice of land surveying and the West Virginia examination shall each be held at least once each year at the time and place determined by the board. A person who fails to pass all or any part of an examination may apply for reexamination, as prescribed by the board, and shall furnish additional information and fees as required by the board.
(e) A person who began the education, experience or examination requirements and were approved by the board prior to December 31, 2004, have until December 31, 2012, to complete such requirements for licensure.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-9. Surveying License Requirements

(a) The board shall issue a surveying license to an applicant who meets the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral turpitude; and
(6) Has completed all of one of the education, experience and examination requirements set out in section eight of this article.
(b) An application for a surveying license shall be made on forms provided by the board and include the following:
(1) Name and address of the applicant;
(2) Applicant's education and experience;
(3) Location and date of passage of all the examinations;
(4) Names of five persons for reference, at least three of whom shall be licensees or persons authorized in another jurisdiction to engage in the practice of surveying, and who have knowledge of the applicant's work; and
(5) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
(d) A license to practice surveying issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided, That a person holding a license to practice surveying issued by the board prior to July 1, 2010, must renew the license pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-11. Exemptions From Licensing

(a) The following persons are exempt from licensure under the provisions of this article:
(1) Any employee of a person or firm, when such employee is engaged in the practice of land surveying exclusively for the person or firm, by which employed, or, if a corporation, its parents, affiliates or subsidiaries, and such person, firm, association or corporation does not hold himself, herself or itself out to the public as being engaged in the business of land surveying.
(2) Any employee or officer of the United States, this state or any political subdivision thereof, or their agents, when such employee is engaged in the practice of land surveying exclusively for such governmental unit: Provided, That each county surveyor of lands first elected or first appointed after January 1, 2013, pursuant to section 1, article IX of the West Virginia Constitution, shall be a surveyor licensed pursuant to the provisions of this article and such licensee shall be in good standing.
(b) The minimum standards for surveys, established by the board, apply notwithstanding the exemptions provided by this section.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-12. Surveyor Intern Requirements

(a) To be recognized as a surveyor intern by the board, a person must meet the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral turpitude;
(6) Has completed one of the education requirements set out in section eight of this article; and
(7) Has passed an examination in the fundamentals of land surveying.
(b) A surveyor intern must pass the principles and practice of land surveying examination and the West Virginia examination within ten years of passing the fundamentals of land surveying examination. If the examinations are not passed within ten years, then the surveyor intern must retake the fundamentals of land surveying examination.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-13. License From Another State

The board may issue a license to practice surveying in this state to an applicant of good moral character who holds a valid license or other authorization to practice surveying from another state if the applicant demonstrates that:
(1) He or she or she holds a license or other authorization to practice surveying in another state which was granted after completion of educational, experience and examinations requirements substantially equivalent to those required in this state;
(2) He or she is not currently being investigated by a disciplinary authority of another state, does not have charges pending against his or her license or other authorization to practice surveying and has never had a license or other authorization to practice surveying revoked;
(3) He or she has not previously failed an examination for licensure in this state;
(4) He or she has paid all the applicable fees; and
(5) Has completed such other action as required by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-14. License, Endorsement and Certificate of Authorization Renewal Requirements

(a) A licensee or endorsee wanting to continue in active practice shall, annually or biennially, on or before July 1, renew his or her license or endorsement and pay a renewal fee.
(b) A certificate holder wanting to continue in active practice shall, annually or biennially, on or before January 1, renew the certificate and pay a renewal fee.
(c) The board shall charge a fee for each a renewal and a late fee for any renewal not paid by the due date.
(d) The board shall require as a condition of renewal that each licensee or endorsee complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license, endorsement or certificate of authorization.
(f) The board may authorize the waiving of the renewal fee of a licensee or endorsee during the period when he or she is on active duty with any branch of the armed services.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-15. Inactive License Requirements

(a) A licensee who does not want to continue in active practice shall notify the board in writing and be granted inactive status.
(b) A person granted inactive status shall pay an inactive fee and is exempt from the continuing education requirements and cannot practice in this state.
(c) When an inactive licensee wants to return to active practice, he or she must complete all the continuing education requirements and pay all the applicable fees as determined by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-16. Delinquent and Expired License Requirements

(a) If a license is not renewed when due, then the board shall automatically place the licensee on delinquent status.
(b) The fee for a person on delinquent status shall increase at a rate, determined by the board, for each month or fraction thereof that the renewal fee is not paid, up to a maximum of thirty-six months.
(c) Within thirty-six months of being placed on delinquent status, if a licensee wants to return to active practice, he or she must complete all the continuing education requirements and pay all the applicable fees as determined by the board.
(d) After thirty-six months of being placed on delinquent status, a license is automatically placed on expired status and cannot be renewed. A person whose license has expired must reapply for a new license.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-17. Retired License Requirements

(a) A licensee who does not want to continue practicing surveying and who has chosen to retire shall notify the board in writing and may be granted retired status.
(b) A person granted retired status shall be given the honorific title of "Professional Surveyor, Retired" and cannot practice in this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-18. Requirements for When a Person Fails an Examination

(a) Any person failing any of the examinations for surveying is not permitted to work as a licensed surveyor under the provisions of this article until the person has passed all the examinations.
(b) A person failing the fundamentals of land surveying examination may still gain experience as required in section eight of this article until he or she passes the examination.
(c) A person who has passed the fundamentals of land surveying examination, but failed the principles and practice examination or West Virginia examination may only work as a surveyor intern under the direct supervision of a licensee or a person authorized in another jurisdiction to engage in the practice of surveying until he or she passes all of the examinations.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-19. Display of License, Endorsement and Certificate of Authorization

(a) The board shall prescribe the form for a license, endorsement and certificate of authorization and may issue a duplicate license, endorsement and certificate of authorization upon payment of a fee.
(b) A licensee, endorsee and certificate holder shall conspicuously display his or her license, endorsement or certificate of authorization at his or her principal place of practice.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13A. Land Surveyors › §30-13A-20. Certificate of Authorization Requirements

(a) Each firm practicing surveying in West Virginia shall have a certificate of authorization.
(b) The board shall issue a certificate of authorization to a firm that:
(1) Practices surveying in West Virginia;
(2) Provides proof that the firm has employed a surveyor-in-charge;
(3) Has paid all applicable fees; and
(4) Completes such other requirements as specified by the board.