reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-17. Who May Practice Chiropractic; Title of Chiropractor; Minimum Education Required for Spinal Manipulation

(a) No person licensed under chapter thirty of this code may perform or authorize a spinal manipulation or spinal adjustment without having first received a minimum of four hundred hours of classroom instruction in spinal manipulation or spinal adjustment and a minimum of eight hundred hours of supervised clinical training at a facility where spinal manipulation or spinal adjustment is a primary method of treatment. Violation of this section is an unlawful practice of chiropractic and is grounds for the offending health care provider's licensing board to suspend, revoke or refuse to renew provider's license or take any other disciplinary action allowed by law.
(b) Every chiropractor who has complied with the provisions of this article is entitled to practice chiropractic in this state. The title of chiropractor shall be doctor of chiropractic and is designated by the letters "D.C." The titles "D.C.," doctor of chiropractic, chiropractor, chiropractic physician are interpreted as the same.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-18. Scope of Practice; Chiropractic Assistants; Expert Testimony

(a) Any chiropractor who has complied with the provisions of this article may use any instrument or procedure, for the purpose of diagnosis and analysis of disease or abnormalities: Provided, That the person is trained to perform the procedures and use the instruments through a chiropractic college approved by the counsel on chiropractic education or its successor. Any chiropractor properly qualified under this article may engage in the use of physiotherapeutic devices, physiotherapeutic modalities, physical therapy and physical therapy techniques. Licensed chiropractors may also employ properly trained chiropractic assistants to perform duties under supervision that are generally conducted by chiropractic assistants which are not otherwise prohibited by the board. The board shall propose and promulgate rules in accordance with the provisions governing legislative rules, contained in article three, chapter twenty-nine-a of this code governing chiropractic assistants, including, but not limited to, minimum qualifications, scope of practice, and supervision requirements. A licensed chiropractor may not engage in conduct outside this scope and beyond his or her training and knowledge.
(b) A doctor of chiropractic duly licensed under this article is presumed to be competent to testify before the circuit courts of this state or in any other state administrative proceeding as an expert witness.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-19. Duty of Chiropractor to Observe Health Rules; Reports of Health Officer and Local Registrar of Vital Statistics

Doctors of chiropractic shall observe and are subject to all state and municipal rules in regard to the control of infectious diseases, and to any and all other matters pertaining to public health. They shall report to the public health officer in the manner required by law. It is the duty of each doctor of chiropractic in this state to report to the registrar of vital statistics of his or her magisterial district, within ten days of its occurrence, any death which may come under his or her supervision, with a certificate of the cause of death and correlative facts as may be at that time required by the division of health.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-20. Use of Physiotherapeutic Devices; Electrodiagnostic Devices; Specialty Practice

(a) No chiropractor may use any physiotherapeutic devices or electrodiagnostic devices in practice until he or she has certified to the board that he or she has completed at least the minimum classroom hours required for certification in the use of these procedures in classes sponsored by or conducted by a chiropractic college approved by the council of chiropractic education or its successor.
(b) Electrodiagnostic devices include, but are not limited to, the following: Videofluoroscopy and diagnostic ultrasound, including needle and surface electromyography, nerve conduction velocity studies, somatosensory testing and neuromuscular junction testing. The board may designate other devices as electrodiagnostic devices covered by this section by rule.
(c) As contained in this section, the term "specialty" includes, but is not limited to, orthopedics, neurology, chiropractic sports physician, radiology, pediatrics, nutrition, rehabilitation, acupuncture, chiropractic internist, behavioral health, diagnostic imagining and physiotherapeutics. No chiropractor is permitted to practice in a specialty in the chiropractic field or hold himself or herself out as being a specialist in the chiropractic field until the licensee has successfully completed a certified program in that specialty at a chiropractic college approved by the council on chiropractic education or its successor and approved by the board. The program shall consist of a minimum number of hours to be determined by the board. Successful completion of the final certification exam is required.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-21. Chiropractic Corporations

(a) One or more individuals, each of whom is licensed to practice chiropractic within this state may organize and become a shareholder or shareholders of a chiropractic corporation. Individuals who may be practicing chiropractic as an organization created otherwise than pursuant to the provisions of this section may incorporate under and pursuant to this section. This section is not intended to amend the statutory or common law as it relates to associations or partnerships, except to allow partnerships of chiropractors to organize as a chiropractic corporation.
(b) A chiropractic corporation may render professional service only through officers, employees and agents who are themselves duly licensed to render chiropractic service within this state. The term "employee" or "agent" as used in this section, does not include secretaries, clerks, typists, paraprofessional personnel or other individuals who are not usually and ordinarily considered by custom and practice to be rendering chiropractic services for which a license is required.
(c) This section does not modify the law as it relates to the relationship between a person furnishing chiropractic services and his or her client, nor does it modify the law as it relates to liability arising out of the professional service relationship. Except for permitting chiropractic corporations this section is not intended to modify any legal requirement or court rule relating to ethical standards of conduct required of persons providing chiropractic services.
(d) A chiropractic corporation may issue its capital stock only to persons who are duly licensed by the board.
(e) When not inconsistent with this section, the organization and procedures of chiropractic corporations shall conform to the requirements of article one, chapter thirty-one of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 16. Chiropractors › §30-16-22. Offenses; Penalties

(a) Each of the following acts shall constitute a misdemeanor, punishable upon conviction by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than thirty days nor more than one year, or both, in the discretion of the court, and each day any person shall so violate any provisions of this article shall constitute a separate and distinct offense:
(1) The obtaining of or attempt to obtain a license by the use of fraud, deceit or willful misrepresentation;
(2) The practice, or attempting to practice, as a chiropractor without a license granted under the provisions of this article, or practicing or attempting to practice while said license is suspended, or after said license has been revoked;
(3) The use of any title to induce belief that the user of said title is engaged in the practice of chiropractic, if the user of said title has not fully complied with the provisions of this article;
(4) The buying, selling or fraudulent procurement of any diploma of, or license to practice, chiropractic;
(5) The violation of any provision of this article regulating the practice of chiropractors.
(b) A person shall not engage in the practice of chiropractic or hold himself or herself out as qualified to practice chiropractic or use any title, word or abbreviation to indicate to or induce others to believe that he or she is licensed to chiropractic in this state unless he or she is actually licensed under the provisions of this article. Any person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned in the county jail not more than three months, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-1. Unlawful Acts

It is unlawful for any person to practice or offer to practice environmental health science and public health sanitation in this state without being licensed, certified or permitted under the provisions of this article, or to advertise or use any title or description tending to convey the impression that the person is a registered sanitarian, sanitarian or sanitarian-in-training unless he or she has been duly authorized under the provisions of this article, and the license, certification or permit has not expired or been suspended or revoked.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-3. Definitions

As used in this article, the following words and terms have the following meanings:
(a) "Board" means the State Board of Sanitarians.
(b) "Bureau" means the Bureau for Public Health.
(c) "Certificate holder" means a person holding a certification issued by the board.
(d) "Certificate" means a document issued to a sanitarian under the provisions of this article.
(e) "Environmental health science" means public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation and rabies control.
(f) "License" means a document issued to a registered sanitarian under the provisions of this article.
(g) "Licensee" means a person holding a license issued by the board.
(h) "Permit" means a document issued to a sanitarian-in-training under the provisions of this article.
(i) "Permittee" means a person holding a permit issued by the board.
(j) "Practice of public health sanitation" means the consultation, instruction, investigation, inspection or evaluation by an employee of the bureau, or a municipal or county health department with the primary purpose of improving or conducting administration of enforcement of state laws and rules.
(k) "Registered sanitarian" means a person who is licensed by the board and is uniquely qualified by education, specialized training, experience and examination to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.
(l) "Sanitarian" means a person who is certified by the board and is uniquely qualified by education in the arts and sciences, specialized training and credible field experience to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.
(m) "Sanitarian-in-training" means a person who is permitted by the board and possesses the necessary educational qualifications for certificate as a sanitarian, but who has not completed the experience requirements in the fields of public health sanitation and environmental health science as required for certificate.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-5. Powers and Duties of the Board

The board has all the powers and duties set forth in article one of this chapter and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Set the requirements for a license, permit and certificate;
(3) Establish procedures for submitting, approving and rejecting applications for a license, permit and certificate;
(4) Determine the qualifications of any applicant for a license, permit and certificate;
(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license;
(6) Determine the passing grade for the examinations;
(7) Contract with third parties to administer the examinations required under the provisions of this article;
(8) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce the provisions of this article;
(10) Define the fees charged under the provisions of this article;
(11) Issue, renew, deny, suspend, revoke or reinstate a license, permit and certificate;
(12) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;
(13) Conduct disciplinary hearings of persons regulated by the board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of the provisions of this article;
(16) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(18) Establish the continuing education requirements for licensees, permittees and certificate holders;
(19) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article;
(20) Sue and be sued in its official name as an agency of this state;
(21) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and
(22) Take all other actions necessary and proper to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-6. Rulemaking

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Standards and requirements for a license, permit or certificate;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational, experience and training requirements, and the passing grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license, permit or certificate;
(7) A fee schedule;
(8) The continuing education requirements;
(9) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee or certificate holder;
(10) Requirements for an inactive or revoked license, permit or certificate; and
(11) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on July 1, 2010, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.
(c) The board is authorized to promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, to set fees for the issuance and renewal of licenses, certificates and permits for an eighteen month period commencing July 1, 2010, and ending December 31, 2011.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Sanitarians Operating Fund", which fund is continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines imposed, pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-8. Qualifications for Licensure as a Registered Sanitarian

(a) To be eligible to be licensed as a registered sanitarian, the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited college or university;
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours, as approved by the board;
(4) Have at least two years of experience in the field of public health sanitation and environmental health science; and
(5) Pass an examination, as required by the board.
(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field, as approved by the board, for one of the required years of experience.
(c) A registration issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided, That a person holding a registration issued prior to July 1, 2010, must renew pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-9. Qualifications for Certificate as a Sanitarian

(a) To be eligible to be certified as a sanitarian, the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited college or university;
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours, as approved by the board; and
(4) Have at least two years of experience in the field of public health sanitation and environmental health science.
(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field as approved by the board for one of the required years of experience.
(c) A person who is registered as a sanitarian-in-training by the board and on or before July 1, 2010, has two or more years of experience in the field of public health sanitation and environmental health science, as approved by the board, shall for all purposes be considered certified under this article: Provided, That such a person must renew pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-10. Qualifications for Permit as a Sanitarian-in-Training

(a) To be eligible to be permitted as a sanitarian-in-training, the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited college or university; and
(3) Successfully complete a sanitarian's training course of a minimum of three hundred hours within twelve months of being hired as a sanitarian-in-training.
(b) A person may practice as a sanitarian-in-training for a period not to exceed three years.
(c) The board may waive the requirements of subdivision (3) of subsection (a) and subsection (b) of this section, for a person who experiences an undue hardship, as determined by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-11. Persons Exempted From Licensure

The activities and services of qualified members of other recognized professions practicing environmental health science consistent with the laws of this state, their training and any code of ethics of their professions so long as such person does not represent themselves as a registered sanitarian, sanitarian or sanitarian-in-training as defined by this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-12. License From Another State

The board may issue a license or a certificate to practice environmental health science or public health sanitation in this state, without requiring an examination, to an applicant from another jurisdiction who:
(1) Is of good moral character;
(2) Holds a valid sanitarian license or other authorization to practice environmental health science or public health sanitation in another jurisdiction and meets requirements which are substantially equivalent to the requirements set forth in this article;
(3) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her license or other authorization to practice environmental health science or public health sanitation, and has never had a license or other authorization to practice environmental health science or public health sanitation revoked;
(4) Has not previously failed an examination for licensure in this state;
(5) Has paid all the applicable fees;
(6) Completes any additional training as determined by the board; and
(7) Completes such other action as required by the board.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-13. Renewal Requirements

(a) The board may issue, renew and charge fees for licenses, certificates and permits for an eighteen month period commencing July 1, 2010, and ending December 31, 2011.
(b) Commencing January 1, 2012, and annually or biennially thereafter, a person regulated by this article shall renew his or her license, permit or certificate by completing a form prescribed by the board, paying the applicable fees and submitting any other information required by the board.
(c) The board shall charge a fee for each renewal of a license, permit or certificate and may charge a late fee for any renewal not paid by the due date.
(d) The board shall require as a condition for the renewal of a license, permit or certificate that each person regulated by this article complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license, permit or certificate.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-14. Display of License, Permit or Certificate

(a) The board shall prescribe the form for a license, permit and certificate and may issue a duplicate upon payment of a fee.
(b) Any person, not employed by the bureau or a municipal or county health department, shall conspicuously display his or her license, permit or certificate at his or her principal place of practice.
(c) A person regulated by the board shall carry valid proof of licensure, permit or certificate on his or her person during the performance of his or her duties.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-16. Procedures for Hearing; Right of Appeal

(a) Hearings are governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, permittee or certificate holder has violated this article, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-17. Judicial Review; Appeal to Supreme Court of Appeals

Any licensee, permittee or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 17. Sanitarians › §30-17-18. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a licensee, permittee or certificate holder has knowingly violated this article, the board may bring its information to the attention of an appropriate law-enforcement official who may cause criminal proceedings to be brought.
(b) If a court finds that a person violating this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 18. Private Investigative and Security Services › §30-18-2. Eligibility Requirements for License to Conduct the Private Investigation Business

(a) In order to be eligible for any license to conduct the private investigation business, an applicant shall:
(1) Be at least 18 years of age;
(2) Be a citizen of the United States or an alien who is legally residing within the United States;
(3) Not have had any previous license to conduct a private investigation business or to conduct a security guard business revoked or any application for any such licenses or registrations denied by the appropriate governmental authority in this or any other state or territory;
(4) Not have been declared incompetent by reason of mental defect or disease by any court of competent jurisdiction unless a court has subsequently determined that the applicants competency has been restored;
(5) Not suffer from habitual drunkenness or from narcotics addiction or dependence;
(6) Be of good moral character;
(7) Have a minimum of one year of experience, education, or training in any one of the following areas, or some combination thereof:
(A) Course work that is relevant to the private investigation business at an accredited college or university;
(B) Employment as a member of any United States government investigative agency, employment as a member of a state or local law-enforcement agency, or service as a sheriff;
(C) Employment by a licensed private investigative or detective agency for the purpose of conducting the private investigation business;
(D) Service as a magistrate in this state; or
(E) Any other substantially equivalent training or experience; or
(F) Military service.
(8) Not have been convicted of a felony in this state or any other state or territory;
(9) Not have been convicted of any of the following:
(A) Illegally using, carrying, or possessing a pistol or other dangerous weapon;
(B) Making or possessing burglars instruments;
(C) Buying or receiving stolen property;
(D) Entering a building unlawfully;
(E) Aiding an inmates escape from prison;
(F) Possessing or distributing illicit drugs;
(G) Any misdemeanor involving moral turpitude or for which dishonesty of character is a necessary element; and
(10) Not have violated any provision of 30-18-8 of this code.
The provisions of this section shall not prevent the issuance of a license to any person who, subsequent to his or her conviction, shall have received an executive pardon therefor, removing this disability.
(b) Any person who qualifies for a private investigators license shall also be qualified to conduct security guard business upon notifying the Secretary of State in writing that the person will be conducting such business.
(c) No person may be employed as a licensed private investigator while serving as magistrate.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 18. Private Investigative and Security Services › §30-18-4. Requirements for Employees Conducting the Private Investigation Business Under a Firm License

(a) Any person who has a private detective firm or investigative firm license shall be responsible for supervising any employee or other individual who conducts the private investigation business under the authority of such person's firm license, regardless of whether such employee or other individual receives compensation for conducting such business. Such supervision shall include providing any education or training that is reasonably necessary to ensure compliance with the requirements of this article.
(b) Any employee or individual who conducts the private investigation business under the authority of a private detective or investigative firm license shall:
(1) Satisfy the requirements of section two of this article, except that such person need not satisfy the education and training requirements contained in subdivision (7) of section two; and
(2) Authorize the Secretary of State to review the records held by the division of public safety for any convictions that may be on record for such employee or individual.
(c) A holder of a private detective or investigative firm license is prohibited from authorizing any individual or employee to conduct a private investigation business if such individual does not comply with the requirements of this section.
(d) For every employee or individual who conducts the business of private investigation under the authority of a private detective or investigative firm license, the holder of such license must maintain a recent full-face photograph and one complete set of fingerprints on file at such firm's central business location in this state. Upon request, the holder of the firm license must release the photographs and fingerprints to the Secretary of State.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 18. Private Investigative and Security Services › §30-18-5. Eligibility Requirements to Be Licensed to Conduct Security Guard Business

(a) In order to be eligible for any license to conduct security guard business, an applicant shall:
(1) Be at least 18 years of age;
(2) Be a citizen of the United States or an alien who is legally residing within the United States;
(3) Not have had any previous license to conduct security guard business or to conduct the private investigation business revoked or any application for any such licenses or registrations denied by the appropriate governmental authority in this or any other state or territory;
(4) Not have been declared incompetent by reason of mental defect or disease by any court of competent jurisdiction unless said court has subsequently determined that the applicants competency has been restored;
(5) Not suffer from habitual drunkenness or from narcotics addiction or dependence;
(6) Have had at least one year verified, full time employment conducting security guard business or conducting the private investigation business working for a licensed firm or have one year of substantially equivalent training or experience;
(7) Not have been convicted of a felony in this state or any other state or territory;
(8) Not have been convicted of any of the following:
(A) Illegally using, carrying, or possessing a pistol or other dangerous weapon;
(B) Making or possessing burglars instruments;
(C) Buying or receiving stolen property;
(D) Entering a building unlawfully;
(E) Aiding an inmates escape from prison;
(F) Possessing or distributing illicit drugs; and
(9) Not have violated any provision of 30-18-8 of this code.
The provisions of this section shall not prevent the issuance of a license to any person who, subsequent to his or her conviction, shall have received an executive pardon therefor, removing this disability.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 18. Private Investigative and Security Services › §30-18-7. Requirements for Employees Conducting Security Guard Business Under a Firm License

(a) Any person who has a security guard firm license shall be responsible for supervising any employee or other individual who conducts security guard business under the authority of such person's firm license, regardless of whether such employee or other individual receives compensation for conducting such business. Such supervision shall include providing any education or training that is reasonably necessary to ensure compliance with the requirements of this article.
(b) Any employee or individual who conducts security guard business under the authority of a firm license shall:
(1) Satisfy the requirements of section five of this article, except that such person need not satisfy the prior employment requirements contained in subdivision (7) of section five; and
(2) Authorize the Secretary of State to review the records held by the department of public safety for any convictions that may be on record for such employee or individual.
(c) A holder of a security guard firm license is prohibited from authorizing any individual or employee to conduct security guard business if such individual does not comply with the requirements of this section.
(d) For every employee or individual who conducts security guard business under the authority of a security guard firm license, the holder of such license must maintain a recent full-face photograph and one complete set of fingerprints on file at such firm's central business location in this state. Upon request, the holder of the firm license must release the photographs and fingerprints to the Secretary of State.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 18. Private Investigative and Security Services › §30-18-8. Prohibitions

(a) No person shall engage in the private investigation business or security guard business without having first obtained from the Secretary of State a license to conduct such business.
(b) All licensed persons, including private detectives, private investigators, security guards, private detective or investigative firms and security guard firms, are prohibited from transferring their licenses to an unlicensed person, firm or agency. This prohibition includes contracting or subcontracting with an unlicensed person, firm or agency to conduct the private investigation business or security guard business.
(c) It is unlawful for any person subject to the provisions of this article to knowingly commit any of the following:
(1) Employ any individual to perform the duties of an employee who has not first complied with all provisions of this article and the adopted regulations;
(2) Falsely represent that a person is the holder of a valid license;
(3) Make a false report with respect to any matter with which he or she is employed;
(4) Divulge any information acquired from or for a client to persons other than the client or his or her authorized agent without express authorization to do so or unless required by law;
(5) Accept employment which includes obtaining information intended for illegal purposes;
(6) Authorize or permit another person to violate any provision of this article or any rule of the Secretary of State adopted for this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 18. Private Investigative and Security Services › §30-18-9. Renewal of License

A license granted under the provisions of this article shall be in effect for two years from the date the certificate of license is issued and may be renewed for a period of two years by the Secretary of State upon application, in such form as the secretary may prescribe, and upon payment of the fee and the filing of the surety bond or proof of liability insurance. At the time of applying for renewal of a license, the Secretary of State may require any person to provide additional information to reflect any changes in the original application or any previous renewal. Any fee charged by the Secretary of State for renewal of a license shall not exceed $50.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 18. Private Investigative and Security Services › §30-18-11. Penalties

(a) Any person, licensed or unlicensed, who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 nor more than $5,000 or be confined in jail for not more than one year, or both.
(b) In the case of a violation of subsection (a) of section eight, a fine is assessed by the court for each day that an individual conducted the private investigation business or security guard business. In the case of a firm license, the fine is based on each day that the private investigative or security services were provided multiplied by the number of unauthorized persons providing those services.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-1. Use of Descriptive Title Restricted

(a) No person may use in connection with his or her name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is a registered forester or registered forestry technician unless he or she is certified in accordance with this article.
(b) Nothing contained in this article shall be construed as preventing any person, firm, partnership or corporation from practicing forestry, managing woodlands or forests, removing any products or planting trees on any land, in any manner desired.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-3. Definitions

As used in this article, the following words and terms have the following meanings:
(a) "Board" means the state Board of Registration of Foresters.
(b) "Certificate" means a certificate issued to practice as a registered forester or registered forestry technician.
(c) "Certification" means a certificate issued under the provisions of this article.
(d) "Certified" means a person holding a certification issued under the provisions of this article.
(e) "Forester" means a person who has acquired specialized forestry training by reason of his or her knowledge of the natural sciences, mathematics, silviculture, forest protection, forest management, forest economics and forest utilization, acquired by professional forestry education and practical experience.
(f) "Forester-in-training" or "Forestry technician-in- training" means a person who possesses the necessary educational qualifications as prescribed in this article for certification, but who has not completed the experience requirements in the field of forestry as required for certification.
(g) "Forestry" means the professional practice embracing the science, business, and the art of creating, conserving and managing forests and forestlands for the sustained use and enjoyment of their resources, material or other forest produce.
(h) "Practice of forestry" means professional forestry services, including the consultation, investigation, evaluation, planning or responsible supervision of any forestry activities when such professional service requires the application of forestry principles and techniques.
(i) "Permit" means a document issued as evidence of qualification to practice as a forester-in-training or forestry technician-in-training under this article.
(j) "Permitee" means a person holding a permit issued under the provisions of this article.
(k) "Registered Forester" means a forester certified under this article.
(l) "Registered Forestry Technician" means a forestry technician certified under this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-4. State Board of Registration of Foresters

(a) The State Board of Registration of Foresters is continued. The members of the board in office on July 1, 2009, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.
(b) To be effective on July 1, 2009, the Governor shall appoint, by and with the advise and consent of the Senate, a registered forestry technician to replace the board member whose term ends on June 30, 2009.
(c) Commencing July 1, 2009, the board shall consist of the following five members:
(1) Four registered foresters; and
(2) One registered forestry technician.
(d) Each member shall be appointed by the Governor, by and with the consent of the Senate, from five nominees recommended by the West Virginia Division of the Society of American Foresters. The term is for five years.
(e) A member may not serve more than two consecutive full terms. A member having served two consecutive full terms may not be appointed for one year after completion of his or her second full term. A member may continue to serve until a successor has been appointed and qualified.
(f) Each member of the board shall be a resident of West Virginia during the appointment term.
(g) Each member must have been certified in this state for a period of not less than three years prior to his or her appointment and must have engaged in the practice of forestry for at least ten years.
(h) Each member shall maintain an active certification with the board.
(i) The Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.
(j) A member of the board immediately and automatically forfeits membership to the board if his or her certification has been suspended or revoked, is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.
(k) The board shall elect annually one of its members as chairperson and one member as secretary who shall serve at the will and pleasure of the board.
(l) Each member of the board is entitled to compensation and expense reimbursement in accordance with article one of this chapter.
(m) A majority of the members serving on the board constitutes a quorum.
(n) The board shall hold at least two meetings annually. 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.
(o) Prior to commencing his or her duties as a member of the board, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-5. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for a certification or permit;
(3) Establish procedures for submitting, approving and rejecting applications for a certification or permit;
(4) Determine the qualifications of any applicant for a certification or permit;
(5) Prepare, conduct, administer and grade written, oral or written and oral examinations for a certificate;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examination and the pass and fail rate;
(8) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contracted employees necessary to enforce this article;
(9) Investigate alleged violations of this article, legislative rules, orders and final decisions of the board;
(10) Conduct disciplinary hearings of persons regulated by the board;
(11) Determine disciplinary action and issue orders;
(12) Institute appropriate legal action for the enforcement of this article;
(13) Maintain an accurate registry of names and addresses of all persons regulated by the board;
(14) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;
(15) Establish, by legislative rule, the continuing education requirements for certificate holders and permittees; and
(16) Propose rules in accordance with article three, chapter twenty-nine-a of this code to implement this article.
(c) The board may:
(1) Contract with third parties to administer the examinations required under this article;
(2) Define, by legislative rule, the fees charged under this article;
(3) Issue, renew, deny, suspend, revoke or reinstate a certification or permit;
(4) Sue and be sued in its official name as an agency of this state;
(5) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and
(6) Take all other actions proper to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-6. Rulemaking

(a) The board shall propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, to implement this article, including:
(1) Standards and requirements for a certification and permit;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;
(4) Educational and experience requirements, and the passing grade on the examination;
(5) Standards for ethical conduct;
(6) Procedures for the issuance and renewal of a certification and permit;
(7) A fee schedule;
(8) Continuing education requirements for a certificate holder and permittee;
(9) Procedures for denying, suspending, revoking, reinstating or limiting the practice of a certificate holder or permittee;
(10) Requirements for inactive or revoked certificate and permit; and
(11) Any other rules necessary to effectuate the provisions of this article.
(b) All of the board's rules in effect on the effective date of this article shall remain in effect until amended or repealed, and references to former enactments of this act are interpreted to mean this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 19. Foresters › §30-19-7. 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 Foresters Fund", which fund is continued. The fund shall be used by the board for the administration of this article. Except as provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.
(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.