reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 9. Accountants › §30-9-27. Injunctions Against Unlawful Acts

When, as a result of an investigation under this article or otherwise, the board or any other interested person believes that any person or business entity has engaged, is engaging, or is about to engage in any acts or practices that constitute or will constitute a violation of section twenty-six of this article, the board or any other interested person may make application to any court of competent jurisdiction for an order enjoining the acts or practices, and upon a showing that the person or business entity has engaged or is about to engage in any act or practice, an injunction, restraining order, or another appropriate order may be granted by the court without bond.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 9. Accountants › §30-9-28. Criminal Proceedings; Penalties

(a) When, by reason of an investigation under section twenty-one of this article or otherwise, the board has reason to believe that any person or firm has knowingly engaged in acts or practices that constitute a violation of section twenty-six of this article, the board may bring its information to the attention of the Attorney General or other appropriate law-enforcement officer who may cause appropriate criminal proceedings to be brought thereon.
(b) Any person or firm who knowingly violates any provision of section twenty-six of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned in the county or regional jail not more than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 9. Accountants › §30-9-29. Single Act Evidence of Practice

In any action or proceeding brought under sections twenty-seven or twenty-eight of this article or any proceeding initiated under section twenty-one of this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction, respectively, without evidence of a general course of conduct.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 9. Accountants › §30-9-30. Accounting Corporations

(a) All accounting corporations created prior to July 1, 2001, are hereby continued.
(b) On or after July 1, 2001, one or more certified public accountants or public accountants may organize and become a shareholder or shareholders of an accounting corporation domiciled within this state under the terms and conditions and subject to the limitations and restrictions specified by rule.
(c) When the Secretary of State receives a certification of authorization to act as an accounting corporation, he or she shall attach the authorization to the corporation application and, upon compliance with the applicable provisions of chapter thirty-one of this code, the Secretary of State shall issue to the incorporators a certificate of incorporation for the accounting corporation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 9. Accountants › §30-9-31. Inapplicability of Article

(a) Nothing contained in this article may be construed to prevent any person from describing himself or herself as an "accountant" or a "bookkeeper" or from stating that he or she practices accountancy or bookkeeping; nor, subject to certification and registration requirements herein imposed, may this article be construed to prevent any person from: (1) Performing services involving the use of accounting skills; (2) rendering tax services, management advisory or consulting services; (3) keeping of books of account and related accounting records; or (4) preparing, compiling or assembling financial statements without the expression of an assurance.
(b) The prohibitions of this section and the other provisions of this article may not be construed to preclude a person or business entity not holding a certificate or registration from using the following or substantially similar language: "I (We) have compiled the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. A compilation is limited to presenting in the form of financial statements information that is the representation of management (owners). I (We) have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all (or certain) required disclosures (and the statement of changes in financial position). If omitted disclosures were included in the financial statements, they might influence the user's conclusions about the (entity's) financial position, results of operations and changes in financial position. Accordingly, these financial statements are not designed for those who are not informed about these matters."
(c)Nothing contained in this article may be construed to prohibit an employee from furnishing services to his or her employer.
(d) Nothing in this article prohibits a practicing attorney or group of attorneys from preparing or presenting records or documents customarily prepared by an attorney or group of attorneys in connection with the attorney's professional work in the practice of law.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 9. Accountants › §30-9-33. Mandatory Training in Federal Antitrust Law and State Action Immunity

It shall be required of the West Virginia Board of Accountancy, and their representatives from the Attorney General’s office, to obtain initial training on the subject of federal antitrust law and state action immunity by July 1, 2016, and thereafter on an annual basis. The purpose of the training is to provide those members with the knowledge to be able to identify the risks of any action that may be taken by the board that could be construed as possible antitrust violations.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 9. Accountants › §30-9-34. Indemnification

In the event that a lawsuit is filed alleging violation of federal antitrust laws, the board may indemnify its board members and current and former employees for expenses reasonably incurred in connection with judicial or administrative proceedings to which they are or may become parties by reason of the performance of their official duties
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-1. Unlawful Acts

(a) It is unlawful for any person to practice or offer to practice veterinary medicine, veterinary technology or animal euthanasia in this state without a license, registration or certificate issued under the provisions of this article, or advertise or use any title or description tending to convey the impression that they are a veterinarian, veterinary technician or animal euthanasia technician unless such person has been duly licensed, registered or certified under the provisions of this article.
(b) A business entity may not render any service or engage in any activity which, if rendered or engaged in by an individual, would constitute the practice of veterinary medicine, veterinary technology or animal euthanasia, except through a licensee, registrant or certificate holder.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-5. Powers and Duties of the Board

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, including:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Establish requirements for a license, permit, certificate and registration;
(3) Establish procedures for submitting, approving and rejecting applications for a license, permit, certificate and registration;
(4) Determine the qualifications of any applicant for a license, permit, certificate and registration;
(5) Establish the fees charged under the provisions of this article;
(6) Issue, renew, deny, suspend, revoke or reinstate a license, permit, certificate and registration;
(7) Prepare, conduct, administer and grade written, oral or written and oral examinations for a license, certificate and registration;
(8) Determine the passing grade for the examinations;
(9) Contract with third parties to administer the examinations required under the provisions of this article;
(10) 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;
(11) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article;
(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, by legislative rule, the continuing education requirements for licensees, permitees, certificate holders and registrants;
(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 10. Veterinarians › §30-10-6. 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) Standards and requirements for a license, permit, certificate and registration;
(2) Educational and experience requirements;
(3) Procedures for examinations and reexaminations;
(4) Requirements for third parties to prepare, administer or prepare and administer examinations and reexaminations;
(5) The passing grade on the examination;
(6) Standards for approval of courses;
(7) Establish a certified animal euthanasia technician's program;
(8) Procedures for the issuance and renewal of a license, permit, certificate and registration;
(9) A fee schedule;
(10) Continuing education requirements;
(11) Set standards for ethical conduct;
(12) Establish procedures and requirements for facility inspections;
(13) Clarify the veterinarian-client-patient relationship;
(14) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee, certificate holder or registrant;
(15) Requirements for a revoked license, permit, certificate and registration; and
(16) 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, modified, repealed or replaced.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-7. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except fines, received by the board shall be deposited in a separate special revenue fund in the State Treasury designated the "Board of Veterinary Medicine Fund", which fund is continued. The fund is used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. Any compensation or expense incurred under this article is not a charge against the General Revenue Fund.
(b) The board shall deposit any amounts received as administrative fines imposed pursuant to this article into the General Revenue Fund of the State Treasury.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-8. Requirements for Veterinary License

(a) To be eligible for a license to practice veterinary medicine under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) (A) Be a graduate of an accredited school approved by the board; or
(B) Be a graduate of a foreign veterinary school and hold a certificate of competence issued by a foreign veterinary graduate educational organization as approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for licensure which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary medicine or animal abuse or neglect.
(b) A person seeking a license under the provisions of this article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) An applicant from another jurisdiction shall comply with all the requirements of this article.
(d) A license to practice veterinary medicine issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article and may be renewed under this article.
(e) An application for a license to practice veterinary medicine submitted to the board prior to July 1, 2010, shall be considered in conformity with the licensing provisions of this article and the rules promulgated thereunder in effect at the time of the submission of the application.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-9. Scope of Practice for a Licensed Veterinarian

A person licensed to practice veterinary medicine may do the following:
(a) Prescribe or administer any drug, medicine, treatment, method or practice for an animal.
(b) Perform any operation or manipulation on or apply any apparatus or appliance to an animal.
(c) Give instruction or demonstration for the cure, amelioration, correction or reduction or modification of an animal condition, disease, deformity, defect, wound or injury.
(d) Diagnose or prognosticate an animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted.
(e) Prescribe or administer any legally authorized drug, medicine, treatment, method or practice, perform any operation or manipulation, or apply any apparatus or appliance for the cure, amelioration, correction or modification of an animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-10. Requirements for a Registered Veterinary Technician

(a) To be eligible for a registration to practice veterinary technology under the provisions of this article, the applicant must:
(1) Be of good moral character;
(2) Have a degree in veterinary technology from an accredited school, approved by the board;
(3) Have passed the examinations required by the board;
(4) Be at least eighteen years of age;
(5) Be a citizen of the United States or be eligible for employment in the United States;
(6) Not have been convicted of a crime involving moral turpitude;
(7) Not have been convicted of a felony under the laws of any jurisdiction within five years preceding the date of application for registration which conviction remains unreversed; and
(8) Not have been convicted of a misdemeanor or a felony under the laws of any jurisdiction at any time if the offense for which the applicant was convicted related to the practice of veterinary technology or animal abuse or neglect.
(b) A person seeking registration under the provisions of this
article shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) A person registered to practice veterinary technology issued by the board prior to July 1, 2010, shall for all purposes be considered registered under this article and may renew pursuant to the provisions of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-11. Scope of Practice for Registered Veterinary Technician

(a) A registered veterinary technician may do the following under general supervision:
(1) Administer anesthesia, including induction, intravenous sedation, and maintenance and recovery from anesthesia;
(2) Perform dental prophylaxis;
(3) Establish open airways;
(4) Administer resuscitative oxygen procedures;
(5) Administer resuscitative drugs, in the event of cardiac arrest;
(6) Administer immunizations that are not required by law to be administered by a licensed veterinarian;
(7) Prepare or supervise the preparation of patients for surgery;
(8) Assist the veterinarian in immunologic, diagnostic, medical, chemotherapeutic and surgical procedures; and
(9) Perform external suturing.
(b) A registered veterinary technician may do the following under either general or indirect supervision:
(1) Perform diagnostic imaging;
(2) Perform intravenous catheterization;
(3) Administer and apply medications and treatments by oral intramuscular, intravenous and subcutaneous routes;
(4) Apply bandages;
(5) Perform cardiac and respiratory monitoring;
(6) Perform appropriate procedures to control bleeding;
(7) Apply temporary splints or immobilizing bandages;
(8) Perform ear flushing;
(9) Collect specimens; and
(10) Perform laboratory procedures.
(c) A veterinary technician may, without supervision, use emergency treatment procedures when an animal has been placed in a life threatening condition and immediate treatment is necessary to sustain the animal's life. The registered veterinary technician shall immediately take steps to secure the general supervision of a veterinarian.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-12. Requirements to Be a Certified Animal Euthanasia Technician

(a) To be eligible to be a certified animal euthanasia technician a person must:
(1) Apply at least thirty days prior to the date the next written examinations are scheduled, using a form prescribed by the board;
(2) Have a high school diploma or GED;
(3) Pay application and examination fees;
(4) Complete the certified animal euthanasia technician's program established by the board;
(5) Pass the written and practical skills examinations;
(6) Pass the prescribed background check; and
(7) Complete all the other requirements established by the board.
(b) A certified animal euthanasia technician may practice animal euthanasia at a legally operated animal control facility.
(c) A person certified as an animal euthanasia technician by the board prior to July 1, 2010, shall for all purposes be considered certified under this article and may renew pursuant to the provisions of this article.
(d) A person certified by another state or jurisdiction with certification requirements equivalent to, or exceeding, the certification standards of this state may be issued a certification under this section upon the submission of a completed application and the appropriate fees, as established by the board in legislative rules.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-13. Requirements for Certified Animal Euthanasia Technicians Program

(a) The board shall create a certified animal euthanasia technician's program. The board shall design this program to teach applicants for certification record keeping and the legal, safety and practical information needed to become a certified animal euthanasia technician.
(b) (1) The board shall administer written examinations to an applicant for certification. The written examinations shall test the applicant's knowledge of the following:
(A) Animal restraint;
(B) Drug enforcement agency regulations;
(C) Record keeping requirements for controlled substances;
(D) Handling, inventory, security and proper storage of euthanasia drugs, solutions and syringes;
(E) The certification process;
(F) Legal requirements;
(G) Stress management;
(H) Approved animal euthanasia drug usage;
(I) Jurisprudence; and
(J) Other subject areas specified by the board in a legislative rule.
(2) The applicant shall pass the written examinations with a minimum correct score, as determined by the board, in order to be eligible to take the practical skills examination provided in subsection (c) of this section.
(c) In addition to the written examinations provided under subsection (b) of this section, the board shall administer a practical skills examination to an applicant who has successfully passed the written examinations. The board shall conduct the practical skills examination in a manner that tests an applicant's ability to properly restrain an animal, measure a correct dosage of euthanasia solution, locate an injection site and perform an injection. In order to pass the practical skills examination, an applicant shall exhibit to the board that he or she can locate an injection site and perform an injection and also perform euthanasia correctly and humanely.
(d) An applicant who successfully passes the written examinations and the practical skills examination required by this section shall sign a form authorizing the board to make inquiries through the United States Department of Justice, or any other legal jurisdiction or entity, for the purpose of determining the character and reputation of the applicant and other matters relating to the certification of the applicant.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-14. Scope of Practice for an Animal Euthanasia Technician

(a) A certified animal euthanasia technician may euthanize animals assigned to the care of an animal control facility.
(b) A certified animal euthanasia technician shall practice euthanasia within the limitations imposed by this article and rules promulgated by the board under this article.
(c) A certified animal euthanasia technician may not practice or offer to practice his or her profession outside the direct authority of the animal control facility which employs him or her or otherwise contracts for his or her services.
(d) A certified animal euthanasia technician is not qualified and may not indicate that he or she is qualified to act in any capacity relative to animals beyond his or her specified and regulated authority to euthanize animals at the instruction of the animal control facility by which he or she is employed.
(e) Annually, before January 15, a certified animal euthanasia technician shall report to the board the number of animals euthanized at his or her facility during the previous calendar year.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-15. Renewal Requirements

(a) All persons regulated by the article shall annually or biennially before January 1, renew his or her license, registration or certification by completing a form prescribed by the board, paying all applicable fees and submitting any other information required by the board.
(b) At least thirty days prior to January 1, the board shall mail to every person regulated by the article an application for renewal.
(c) The board shall charge a fee for each renewal and a late fee for any renewal not properly completed and received with the appropriate fee by the due date.
(d) The board shall require as a condition of renewal that each licensee, registrant and certificate holder complete continuing education.
(e) The board may deny an application for renewal for any reason which would justify the denial of an original application.
(f) The board may authorize the waiving of the renewal fee of a licensed veterinarian or registered veterinarian technician during the period when he or she is on active duty with any branch of the armed services or the public health service of the United States or a declared emergency.
(g) After July 1, 2010, a previously certified animal euthanasia technician may renew his or her certification without having obtained a high school degree or GED.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-16. Temporary Permits for a Veterinarian

(a) Upon completion of an application and payment of the applicable fees, the board may issue a temporary permit to a person to practice veterinary medicine in this state who has completed the educational requirements set out in this article, is waiting to take the state examination, and is working under a supervising veterinarian.
(b) The temporary permit is valid for a period not to exceed the next scheduled examination date first held following the issuance of the temporary permit and expires the day after the board gives written notice to the permittee of the results.
(c) A temporary permit may be revoked by a majority vote of the board without a hearing.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-17. Exemptions From Article

The following persons are exempt from licensing under the provisions of this article:
(a) An employee of the federal government performing his or her official duties, as defined by the employing agency;
(b) A student of a veterinary school working under the direct supervision of a licensed veterinarian;
(c) A person advising with respect to or performing acts which the board has prescribed by legislative rule as accepted livestock management practices;
(d) The owner of an animal, the owner's employees, or persons assisting the owner without any fee or compensation, caring for and treating the animal, except where the ownership of the animal was transferred for the purpose of circumventing the provisions of this article;
(e) A member of the faculty of a veterinary school performing his or her regular duties and functions, including lecturing, giving instructions or demonstrations, at a veterinary school or in connection with a board approved continuing education course or seminar;
(f) A person selling or applying a pesticide, insecticide or herbicide;
(g) A person engaging in bona fide scientific research which reasonably requires experimentation involving animals;
(h) A person engaging in bona fide scientific research in consultation with a licensed veterinarian in this state;
(i) A person treating or relieving a living animal in the case of an emergency for no fee or other compensation;
(j) A person who disposes of the carcass of a dead animal; and
(k) Veterinary assistants acting under the general supervision of a licensed veterinarian.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-18. Display of License, Permit, Registration and Certificate

(a) The board shall prescribe the form for a license, permit, registration and certificate and may issue a duplicate upon payment of a fee.
(b) Any person regulated by this article shall conspicuously display his or her license, permit, registration or certification at his or her principal business location.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-20. Procedures for Hearing; Right of Appeal

(a) Hearings shall be governed by the provisions of section eight, article one of this chapter.
(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, the administrative law judge shall prepare a proposed written order containing findings of fact and conclusions of law at the conclusion of a hearing. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee, permittee, registrant or certificate holder has violated 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 10. Veterinarians › §30-10-21. Judicial Review; Appeal to Supreme Court of Appeals

Any licensee, permittee, registrant or certificate holder adversely affected by a decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 10. Veterinarians › §30-10-22. Criminal Proceedings; Penalties

(a) When, as a result of an investigation under this article or otherwise, the board has reason to believe that a person 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) Any person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in jail not more than six months, or both fined and confined.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-1. Board of Architects

In order to safeguard the life, health, property and public welfare of the people of this state and to protect the people against the unauthorized, unqualified and improper practice of architecture, the West Virginia board of architects, heretofore created, shall continue in existence and shall consist of seven members, five of whom shall be architects, appointed by the Governor by and with the advice and consent of the Senate, and two of whom shall be lay members, not of the same political party affiliation, appointed by the Governor by and with the advice and consent of the Senate. Each member who is an architect shall have been engaged in the active practice of his profession in the State of West Virginia for not fewer than ten years previous to his appointment. The members of the board in office on the date this article takes effect, in the year one thousand nine hundred ninety, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. Each member shall be appointed for a term of five years.
The board shall pay each member the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.
Pursuant to the provisions of chapter twenty-nine-a of this code, the board, in addition to the authority, powers and duties granted to it by this article, has the authority to promulgate rules relating to the regulation of the practice of architecture and may include rules pertaining to the registration of architects. Any disciplinary proceedings held by the board shall be held in accordance with the provisions of the administrative procedures act for contested cases pursuant to the provisions of article five of said chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-2. Definitions

The following words as used in this article, unless the context otherwise requires, have the following meanings:
(1) "Architect" means any person who engages in the practice of architecture as hereinafter defined.
(2) "Board" means the West Virginia board of architects established by section one of this article.
(3) "Direct supervision" means that degree of supervision by a person overseeing the work of another person whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision.
(4) "Good moral character" means such character as will enable a person to discharge the fiduciary duties of an architect to his client and to the public for the protection of health, safety and welfare. Evidence of inability to discharge such duties include the commission of an offense justifying discipline under section eight of this article.
(5) "Practice of architecture" means rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a building or group of buildings and the space within and surrounding such buildings, which have as their principal purpose human occupancy or habitation; the services referred to include planning, providing preliminary studies, designs, drawings, specifications and other technical submissions and administration of construction contracts.
(6) "Registered architect" means an architect holding a current registration.
(7) "Registration" means the certificate of registration issued by board.
(8) "Technical submissions" means designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-3. Fees

(a) Notwithstanding any other provision of the law to the contrary, the board is authorized and empowered to establish by legislative rule in accordance with the provisions of article three, chapter twenty-nine-a of this code a schedule of fees to be charged to applicants. The board shall charge for: Examination, reexamination, renewal of certificates, restoration of expired certificates, reciprocal registration and for any other matters deemed appropriate by the board.
(b) Until such time as the board establishes otherwise, the fees previously set by legislative rule remain in effect.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-4. Registration Qualifications

Every person applying to the board for initial registration shall submit an application accompanied by the fee established in accordance with section three of this article with satisfactory evidence that such person holds an accredited professional degree in architecture or has completed such other education as the board considers equivalent to an accredited professional degree and with satisfactory evidence that such person has completed such practical training in architectural work as the board requires. If an applicant is qualified, the board shall, by means of a written examination, examine the applicant on such technical and professional subjects as prescribed by it. None of the examination materials are public records as defined in article one, chapter twenty-nine-b of this code. The board may exempt from such written examination an applicant who holds certification issued by the national council of architectural registration boards. The board may adopt as its own rules governing practical training and education those guidelines published from time to time by the national council of architectural registration boards. The board may also adopt the examinations and grading procedures of the national council of architectural registration board and the accreditation decisions of the national architectural accrediting board. The board shall issue its registration to each applicant who is found to be of good moral character and who satisfies the requirements set forth in this section. The registration is effective upon issuance.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-5. Registration Renewal

The board shall mail each year to every registered architect an application for renewal of registration. The application, properly filled out and accompanied by the renewal fee established in accordance with section three of this article, shall be returned to the board on or before the date established by the board. After verification of the facts stated in the renewal application, the board shall issue a registration which is valid for one year, expiring on June 30 of each year. Any holder of a registration who fails to renew his or her application on or before the prescribed date, before again engaging in the practice of architecture within the state, is required to apply for reinstatement, pay the prescribed fee and, in circumstances considered appropriate by the board, may be required to be reexamined.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-6. Certificate of Registration

Every registered architect having a place of business or employment within the state shall display his or her certificate of registration in a conspicuous place in such place of business or employment. A new certificate of registration, to replace a lost, destroyed or mutilated certificate, shall be issued by the board upon payment of a fee established in accordance with section three of this article and such certificate shall be stamped or marked "duplicate."
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-7. Seal

(a) Every registered architect shall have a seal of a design authorized by the board by rule. All technical submissions prepared by such architect, or under his or her direct supervision, shall be stamped with the impression of his or her seal. No architect holding a registration may impress his or her seal on any technical submissions unless they were prepared under his or her direct supervision: Provided, That in the case of the portions of such technical submissions prepared under the direct supervision of persons consulting with or employed by the architect, the architect may sign or seal those portions of the technical submission if the architect has reviewed such portions and has coordinated their preparation.
(b) No public official charged with the enforcement duties of a municipal building inspector may accept or approve any technical submissions involving the practice of architecture unless the technical submissions have been stamped as required by this section or by a registered engineer or the applicant has certified thereon the applicability of a specific exception under section twelve of this article permitting the preparation of such technical submissions by a person not registered thereunder. A building permit issued with respect to technical submissions which do not conform with the requirements of this section is invalid.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-8. Disciplinary Powers

The board may revoke, suspend or annul a registration, or impose a civil penalty in an amount not more than $2,000 for each violation, upon satisfactory proof to the board that any person has violated the provisions of this article or any rules promulgated by the board under this article. In hearing matters arising under this section, the board may take into account suitable evidence of reform.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-9. Disciplinary Proceedings

Charges against any person involving any matter coming within the jurisdiction of the board shall be in writing and shall be filed with the board. Such charges, at the discretion of the board, shall be heard within a reasonable time after being so filed. The accused person has the right at such hearing to appear personally, with or without counsel, to cross-examine adverse witnesses and to produce evidence and witnesses in his or her defense. The board shall set the time and place for such hearing and shall cause a copy of the charges, together with a notice of the time and place fixed for the hearing, to be sent by registered mail to the accused person, at his or her latest place or residence or business known to the board, at least thirty days before such date. If after such hearing the board finds the accused person has violated any of the provisions of this article or any of the rules promulgated by the board, it may issue any order described in section eight of this article. If the board finds no such violation, then it shall enter an order dismissing the charges. If the order revokes, suspends or annuls an architect's registration, the board shall so notify, in writing, the Secretary of State and the clerk of the municipality in the state wherein such architect has a place of business, if any.
The board may reissue a registration to any person whose registration has been revoked. Application for the reissuance of the registration shall be made in such a manner as the board may direct and shall be accompanied by a fee established in accordance with section three of this article.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-11. Prohibition

Except as hereinafter set forth in section twelve of this article, no person may directly or indirectly engage in the practice of architecture in the state or use the title "architect," "registered architect," "architectural designer," or display or use any words, letters, figures, titles, sign, card, advertisement or other symbol or device indicating that such person is an architect or is practicing architecture, unless he or she is registered under the provisions of this article. No person may aid or abet any person, not registered under the provisions of this chapter, in the practice of architecture.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-12. Exceptions

Nothing in this article may be construed to prevent:
(a) Any of the activities that, apart from this exemption, would constitute the practice of architecture, if performed in connection with any of the following:
(1) A detached single family dwelling and any sheds, storage buildings and garages incidental thereto;
(2) A multifamily residential structure not in excess of three stories excluding any basement area;
(3) Farm buildings, including barns, silos, sheds or housing for farm equipment and machinery, livestock, poultry or storage, if such structures are designed to be occupied by no more than ten persons;
(4) Any alteration, renovation or remodeling of a building, if such alteration, renovation or remodeling does not affect structural or other safety features of the building or if the work contemplated by the design does not require the issuance of a permit under any applicable building code;
(5) Preengineered buildings, including mobile classrooms purchased by county school boards; and
(6) A commercial structure which is to contain not more than seventy-six hundred square feet and not in excess of one story excluding any basement area.
(b) The preparation of any detailed or shop drawings required to be furnished by a contractor, or the administration of construction contracts by persons customarily engaged in contracting work.
(c) The preparation of technical submissions or the administration of construction contracts by employees of a person or organization lawfully engaged in the practice of architecture when such employees are acting under the direct supervision of a registered architect.
(d) Officers and employees of the United States of America from engaging in the practice of architecture as employees of said United States of America.
(e) A partnership, corporation or other business entity from performing or holding itself out as able to perform any of the services involved in the practice of architecture, provided such practice is actually carried on under the direct supervision of architects registered in the State of West Virginia.
(f) A nonresident, who holds a certificate to practice architecture in the state in which he resides and in addition holds the certification issued by the national council of architectural registration boards, from agreeing to perform or holding herself or himself out as able to perform any of the professional services involved in the practice of architecture: Provided, That he or she may not perform any of the professional services involved in the practice of architecture until registered as hereinbefore provided and he or she notifies the board in writing if, prior to registration, he or she engages in any of the activities permitted by this paragraph.
(g) The practice of landscape architecture as defined in section two, article twenty-two of this chapter.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 12. Architects › §30-12-13. Enforcement

The board shall enforce the provisions of this article and of the rules adopted hereunder. If any person refuses to obey any decision or order of the board, the board or, upon the request of the board, the Attorney General or the appropriate prosecuting attorney, may file an action for the enforcement of such decision or order, including injunctive relief, in the circuit court of the county of residence of such person. After due hearing, the court shall order the enforcement of such decision or order, or any part thereof, if legally and properly made by the board and, where appropriate, injunctive relief.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-1. Legislative Findings; Intent

The Legislature hereby determines the need to regulate the practice of engineering; to provide for the registration of qualified persons as professional engineers and the certification of engineer interns; to define the terms "engineer", "professional engineer", "engineer intern" and "practice of engineering"; to create a state board of registration for professional engineers and provide for the appointment and compensation of its members; to fix the term of members of the board and define its powers and duties; to set forth the minimum qualifications and other requirements for registration as an engineer and certification as an engineer intern; to establish registration fees with expiration and renewal requirements; to impose certain duties upon the state and political subdivisions thereof in connection with public works; and to provide for the enforcement of this article and penalties for its violation.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 13. Engineers › §30-13-2. General Provisions

In order to safeguard life, health and property and to promote the public welfare, the practice of engineering in this state is hereby declared to be subject to regulation in the public interest. It is unlawful for any person to practice or to offer to practice engineering in this state, as defined in the provisions of this article, or to use in connection with his or her name or otherwise assume or advertise any title or description tending to convey the impression that he or she is a registered or licensed engineer, unless the person has been duly registered or exempted under the provisions of this article. Engineering is hereby declared a learned profession and its practitioners are held accountable to the state and the public by professional standards in keeping with the ethics and practice of other learned professions in this state. The practice of engineering is a privilege granted by the state.