reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				All testimony, evidence, arguments and rulings on the admissibility of
				testimony and evidence shall be recorded by stenographic notes and characters
				or by mechanical means.
4.2. All
				recorded materials shall be transcribed. The Board shall have the
				responsibility to make arrangements for the transcription of the recorded
				testimony and evidence.
4.3. Upon
				the motion of the Board or any party assigning error or omission in any part of
				any transcript, the Board or its appointed hearing examiner shall settle all
				differences arising as to whether such transcript truly discloses what occurred
				at the hearing and shall direct that the transcript be corrected and/or revised
				as appropriate so as to make it conform to the truth.
4.4. A transcript of the hearing shall be
				provided to all members of the Board for review at least ten (10) days before
				the vote is taken on its decision in any case involving the denial of a license
				or substantial equivalency practice privilege or the discipline of a licensee
				or substantial equivalency practitioner.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may submit proposed findings
				of fact and conclusions of law at a time and manner designated by the Board or
				its duly appointed hearing examiner.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-6 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board
				may appoint a hearing examiner who shall be empowered to subpoena witnesses and
				documents, administer oaths and affirmations, examine witnesses under oath,
				rule on evidentiary matters, hold conferences for the settlement or
				simplification of issues by consent of the parties, cause to be prepared a
				record of the hearing so that the Board is able to discharge its functions and
				otherwise conduct hearings as provided in §
									1-2-3.10 herein.
6.2. Hearing examiners appointed by the Board
				are not authorized or empowered to grant, suspend or revoke any license or
				substantial equivalency practice privilege or otherwise discipline any licensee
				or substantial equivalency practitioner.
6.3. The hearing examiner shall prepare
				recommended findings of fact and conclusions of law for submission to the
				Board. The Board may adopt, modify or reject such findings of fact and
				conclusions of law.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-7 - Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				At any time prior to the hearing or thereafter, the Board, its designee or its
				duly appointed hearing examiner may hold conferences for the following
				purposes:
(a) To dispose of procedural
				requests, prehearing motions or similar matters;
(b) To simplify or settle issues by consent
				of the parties; or
(c) To provide
				for the informal disposition of cases by stipulation or agreement.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Evidentiary depositions may be taken and
				read or otherwise included into evidence as in civil actions in the circuit
				courts of this State.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-9 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Subpoenas to compel the attendance of
				witnesses and subpoenas duces tecum to compel the production of documents may
				be issued by the Board, its Executive Secretary, its Assistant Executive
				Secretary, and by the hearing examiner appointed by the Board. Such subpoenas
				shall be issued pursuant to W. Va. Code §
									29A-5-1(b).
9.2. Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum as provided in subsection 9.1.
				of this section must be received by the Board no later than ten (10) days
				before a scheduled hearing. Any party requesting the issuance of subpoenas or
				subpoenas duces tecum shall see that they are properly served in accordance
				with W. Va. Code §
									29A-5-1(b).
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final order entered by the Board
				following a hearing conducted pursuant to these rules shall be made pursuant to
				the provisions of W. Va. Code §§
									29A-5-3 and 30-1-8(d). Such orders
				shall be entered within forty-five (45) days following the submission of all
				documents and materials necessary for the proper disposition of the case,
				including transcripts, and shall contain findings of fact and conclusions of
				law.
10.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a poll
				or vote at a regular meeting, before a final order is entered. A copy of the
				final order approved by a majority of the Board shall be served upon the
				demanding or charged party and/or his attorney of record, if any, within five
				(5) days after entry by the Board by personal service or by registered or
				certified mail.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-02 - Contested Case Hearing Procedure › Section 1-2-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An appeal from any final order entered
				in accordance with these rules shall comply with the provisions of W. Va. Code
				§
									30-1-9.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-03 - Disciplinary And Complaint Procedures For Applicants Licenses And Substantial Equivalency Practitioners › Section 1-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies a
				procedure for the investigation and resolution of complaints against licensees,
				applicants for licensure and substantial equivalency practitioners.
1.2. Authority. -- W. Va. Code
				§§
									30-9-1 et seq., 30-1-1 et seq. and 29A-5-1 et seq.
1.3. Filing Date. -- November 19,
				2001.
1.4. Effective Date. --
				December 19, 2001.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-03 - Disciplinary And Complaint Procedures For Applicants Licenses And Substantial Equivalency Practitioners › Section 1-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensees, applicants and substantial equivalency practitioners.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-03 - Disciplinary And Complaint Procedures For Applicants Licenses And Substantial Equivalency Practitioners › Section 1-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:
3.1. "Act" means W. Va. Code
				§§
									30-9-1 et seq.
3.2.
				"Applicant" means any person or firm making application for the initial
				issuance of a license pursuant to W. Va. Code §
									30-9-1 et seq.
3.3. "Authorization" means an authorization
				issued pursuant to the Act that entitles a permit holder or an individual
				practitioner to perform attest or compilation services.
3.4. "Board" means the West Virginia Board of
				Accountancy.
3.5. "Certificate"
				means a certificate as a certified public accountant issued or renewed by the
				Board pursuant to the Act or corresponding provisions of prior law.
3.6. "Ethics investigator" means a person or
				board committee member holding a certificate or registration who is hired or
				directed by the Board for the purpose of reviewing complaints against
				licensees, applicants and substantial equivalency practitioners under the
				Board's authority.
3.7. "License"
				means a certificate, permit, registration or authorization..
3.8. "Licensee" means the holder of a
				license.
3.9. "Permit" means a
				permit issued to a firm pursuant to the Act.
3.10. "Registration" means a registration as
				a public accountant issued by the Board pursuant to prior law governing the
				registration of public accountants and renewed by the Board pursuant to the
				Act.
3.11. "Substantial equivalency
				practice privilege" means the privilege of practicing in this State accorded to
				a substantial equivalency practitioner.
3.12. "Substantial equivalency practitioner"
				means any individual holding an out-of-state certificate who has notified the
				Board of his or her intent to practice accountancy in this State under the
				provisions of the Act and has complied with the provisions of section 16 of the
				Act.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-03 - Disciplinary And Complaint Procedures For Applicants Licenses And Substantial Equivalency Practitioners › Section 1-3-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of a License or Substantial Equivalency Practice Privilege

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may refuse to issue, refuse to renew, suspend, revoke or limit any license or substantial equivalency practice privilege of any applicant, licensee, substantial equivalency practitioner or firm practicing in this state if, after a hearing, the Board has adjudged the applicant, licensee, substantial equivalency practitioner or firm to have violated any of the provisions of section 20 of the Act.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-03 - Disciplinary And Complaint Procedures For Applicants Licenses And Substantial Equivalency Practitioners › Section 1-3-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person,
				firm, corporation, member of the Board, or public officer may make a complaint
				to the Board which charges an applicant licensee, substantial equivalency
				practitioner or firm with a violation of W. Va. Code §
									30-9-1 et seq. or of
				the rules of the Board. The Board may provide a form for that purpose, but a
				complaint may be filed in any written form. In addition to describing the
				alleged violation which prompted the complaint, the complaint should contain
				the following:
5.1.1. The name and address of
				the public accountant or applicant against whom the complaint is
				lodged;
5.1.2. The date of the
				alleged wrongful conduct;
5.1.3.
				The nature of the alleged wrongful conduct.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-03 - Disciplinary And Complaint Procedures For Applicants Licenses And Substantial Equivalency Practitioners › Section 1-3-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board
				may refuse to renew suspend, revoke or limit any license or substantial
				equivalency practice privilege of any licensee, substantial equivalency
				practitioner or firm if it determines there is probable cause to believe that
				the licensee, substantial equivalency practitioner or firm has committed
				conduct, practices or acts which constitute an immediate danger to the
				public.
West Virginia Code of State Rules › Agency 1 - Accountancy › Title 1 - LEGISLATIVE RULE BOARD OF ACCOUNTANCY › Series 1-03 - Disciplinary And Complaint Procedures For Applicants Licenses And Substantial Equivalency Practitioners › Section 1-3-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any applicant who has had his or her
				application for a license denied by order of the Board may appeal the order
				within thirty (30) days of that action in accordance with the contested case
				hearing procedures set forth in W. Va. Code §
									29A-5-1 et seq. and the rules
				of the Board: Provided, that the appeal shall not include cases in which the
				Board denies a certificate to an applicant therefor after an examination to
				test the knowledge or the ability of the applicant where the controversy
				concerns whether the examination was fair or whether the applicant passed the
				examination.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This Rule interprets and
				implements W. Va. Code §
									30-12-1, et seq., establishing the Board, and
				conferring upon it responsibility for registration of architects and the
				regulation of the practice of architecture.
1.2. Authority. -- W. Va. Code
				§§
									30-12-1, 30-12-3 and 30-1-7a.
1.3. Filing Date. -- April 20, 2020
1.4. Effective Date. -- July 1,
				2020
1.5. Sunset Date. -- This rule
				shall terminate and have no further force and effect on June 30,
				2025.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-4 - Applications for Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Submission of
				Applications. -- An applicant for a certificate of registration shall submit an
				application to the Board on a form prescribed by the Board accompanied by the
				non-refundable filing fee established by Board of Architects rule, Fees for
				Registration of Architects, 2CSR2.
4.2. Supplemental Material. -- Material
				submitted to supplement any previously filed application shall include copies
				of the originally submitted application and all material filed with that
				application.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-5 - Registration Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 To be eligible
				for a certificate of registration, other than pursuant to § 2-1-6 of this
				rule, an applicant shall meet the following requirements:
5.1.1. Be of good professional and ethical
				character as verified by employers and registered architects;
5.1.2. Hold a professional degree in
				architecture from a degree program that has been accredited by the NAAB (or an
				equivalent foreign organization recognized by NCARB under a reciprocal
				agreement) not later than two (2) years after the last date the applicant was
				enrolled in the degree program, or have satisfied the education requirements as
				specified in the NCARB's education standards applicable upon passage of this
				rule;
5.1.3. Meet all training
				requirements under the AXP (formerly IDP) system as stipulated by NCARB;
				and
5.1.4. Have passed the ARE®
				in accordance with the NCARB pass/fail standards current at the time the
				applicant took the Examination.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-6 - Reciprocal Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Registration of
				NCARB Certificate Holders. -- An applicant who holds a current and valid
				certification issued by the NCARB, and submits satisfactory evidence of that
				certification to the Board shall be registered without the necessity of
				complying with the provisions of subdivision 5.1.1. of this rule if he or she:
6.1.1. Holds a current and valid registration
				issued by a registration authority recognized by the Board, and submits
				satisfactory evidence of that registration to the Board; and
6.1.2. Files a completed West Virginia Board
				of Architects application form as prescribed by the Board containing
				information satisfactory to the Board concerning the applicant, and pays the
				applicable fee established by the Board.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-7 - Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Nature of Examination. -- The
				Examination used by the Board to determine eligibility for registration is the
				current ARE®, as accepted by the Board.
7.2. Frequency of Examination. -- The Board
				shall follow NCARB's policies on scheduling and retaking the
				Examination.
7.3. Conditions of
				Examination.
7.3.1. An applicant may take the
				examination at any NCARB-approved test center, whether or not it is located
				within the state of West Virginia.
7.3.2. The Board shall accept the pass/fail
				determination of NCARB as the result of the examination, and shall report the
				result to the applicant.
7.3.3. If
				there is any alleged misbehavior on the part of an applicant in connection with
				taking the examination, the Board shall investigate the allegation, and if
				determined to be true, the Board shall take appropriate disciplinary action
				pursuant to 2CSR2 Disciplinary and Complaint Procedures for Architects.
				Misbehavior may include, without limitation, violation of NCARB's guidelines or
				policies, or an applicant's confidentiality agreements with respect to the
				examination.
7.3.4. The Board, in
				its discretion, may forward to any other United States or Canadian
				architectural registration board or NCARB, or may receive from any other such
				board of NCARB the grades achieved by an applicant in the various divisions of
				the ARE for the respective purposes of evaluating such applicant's eligibility
				for registration or permitting NCARB to evaluate such applicant's eligibility
				for NCARB certification. Any applicant making such a request shall state
				his/her reason for requesting transfer. Such transfer to another jurisdiction
				shall terminate the applicant's initial application pending before the Board of
				such other transmitting jurisdiction as the case may be.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-9 - Rules of Professional Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Competence.
9.1.1. In engaging in the practice
				of architecture, a registered architect's primary duty is to protect the
				public's health, safety, and welfare. In discharging this duty, a registered
				architect shall act with reasonable care and competence, and shall apply the
				technical knowledge and skill which are ordinarily applied by registered
				architects of good standing, practicing in the same locality.
9.1.2. In designing a project, a registered
				architect shall take into account all applicable state, county, and municipal
				building laws and rules and ordinances. While a registered architect may rely
				on the advice of other professionals (e.g., attorneys, engineers and other
				qualified persons) as to the intent and meaning of these laws and rules and
				ordinances, once having obtained their advice, a registered architect shall not
				knowingly design a project in violation of those laws and rules and
				ordinances.
9.1.3. A registered
				architect shall undertake to perform professional services only when he or she,
				together with those whom the registered architect may engage as consultants, is
				qualified by education, training and experience in the specific technical areas
				involved. The Practice of Architecture shall include the coordination of any
				elements of technical submissions prepared by others including, as appropriate
				and without limitation, consulting engineers and landscape architects. The
				practice of architecture shall not include the practice of engineering as
				defined in W. Va. Code §
										30-13-3(e), but an architect may perform such
				engineering work as is incidental to the practice of architecture and for which
				the architect, through education, training, or experience, is competent to
				perform.
9.1.4. No individual shall
				be permitted to engage in the practice of architecture if, in the Board's
				judgment, the individual's professional competence is substantially impaired by
				physical or mental disabilities.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-01 - Registration of Architects › Section 2-1-10 - Causes for Denial, Suspension or Revocation of Registration, or other Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application for registration; suspend a
				  registration for a specific period of time; revoke or annul a registration
				  issued by the Board; or impose a civil penalty on an architect in an amount not
				  more than two thousand dollars for each violation, upon satisfactory proof that
				  an applicant or architect has been convicted of a felony or is, in his or her
				  professional capacity, engaged in conduct, practices or acts constituting
				  professional negligence or a willful departure from accepted standards of
				  professional conduct, or has violated the provisions of W. Va. Code
				  §
									30-1-8, W. Va. Code §
									30-12-1 et seq., or the Rules of the Board. Not
				  with standing the above, applications for initial registration for licensure
				  involving an applicant with a prior criminal conviction shall be evaluated by
				  the Board in accordance with the applicable provisions of W.Va. Code
				  §
									30-1-24.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies a procedure for the investigation and resolution of complaints
				against architects.
1.2. Authority.
				-- W. Va. Code §§
									30-12-1 et seq. and 30-1-1 et
				seq.
1.3. Filing Date. -- October
				6, 2023.
1.4. Effective Date. --
				November 8, 2023.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all persons registered or seeking
				  registration to practice architecture pursuant to W. Va. Code §
									30-12-1 et seq.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1. "Applicant" means a person who has
				submitted an application for initial registration or registration renewal to
				the Board.
3.2. "Architect" means a
				person who engages in the practice of architecture as defined in W. Va. Code
				§
									30-12-2.
3.3. "Board" means the West Virginia Board of
				Architects.
3.4. "Certificate,"
				"license" or "registration" means the certificate of registration issued by the
				board to registered architects pursuant to W. Va. Code §
									30-12-1 et seq.
3.5. "Investigator" means a member or staff
				member of the board, or a licensed architect, attorney, paralegal, or present
				or former law enforcement officer hired or authorized by the Board, who is
				assigned the duty to make a preliminary evaluation of a complaint and to
				ascertain and report to the Board factual information related to a complaint
				against an architect.
3.6. "NCARB"
				means the National Council of Architectural Registration Boards.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-4 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person aggrieved by the acts of an
				architect may make initial inquiry to the board by letter or telephone. The
				board shall make and keep a record of the date and time of telephone calls
				making inquiry related to a complaint, together with a notation of the date a
				complaint form was mailed, but a complaint must be reduced to writing and
				received by the Board before it is considered as filed.
4.2. Any person, firm, corporation, member of
				the Board, or public officer may make a complaint to the Board which charges an
				architect with a violation of W.Va. Code §
									30-1-8, W. Va. Code §
									30-12-1 et seq. or of the Rules of
				the Board. The Board may provide a form for that purpose, but a complaint may
				be filed in any written form so long as it contains substantially the same
				information. In addition to a written narrative describing the matter
				complained of, the complaint should contain the following:
4.2.1. The name, address and telephone number
				of the person making the complaint;
4.2.2. The name, address and telephone number
				of the architect against whom the complaint is lodged;
4.2.3. Information as to whether there was a
				contract or letter of agreement with the architect relevant to the matters
				charged in the complaint. If there was a contract or letter of agreement, a
				copy should be submitted as an attachment.
4.2.4. An attachment submitting any
				additional documents in the possession of the complainant relevant to the
				matters charged in the complaint.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-5 - Requests for Hearing Following Denial of Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any applicant who has had his or her
				application for registration denied by order of the Board may request a hearing
				on the denial within thirty (30) days of that action in accordance with the
				contested case hearing procedures set forth in W. Va. Code §
									29A-5-1 et seq. and the rules of
				the Board.
5.2. Contested cases
				involving a registered architect whose renewal of registration was denied for
				reasons that constitute grounds for professional discipline are treated as
				disciplinary matters under section 6 of this rule for purposes of determining
				the burden of proof and other procedural questions.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-6 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Any applicant denied a certificate who submits a written demand for hearing to
				the Board within thirty (30) days following the denial is entitled to a hearing
				on the action denying the certificate. Any architect against whom a complaint
				is filed may at any time following receipt of a Notice of alleged violation,
				but before an Order to show cause scheduling a hearing is issued, submit a
				written demand for a hearing, and is entitled to the hearing.
6.2. When the President of the Board or his
				or her authorized designee is presented with a demand for a hearing, he or she
				shall schedule a hearing within forty-five (45) days of receipt by him or her
				of the written demand, unless postponed to a later date by mutual
				agreement.
6.3. Following receipt
				of an architect's response to a Notice of alleged violation, and determination
				by the Board that probable cause exists for the Board to find that the
				architect committed misconduct for which he or she may be sanctioned by the
				Board, the Secretary shall provide the architect charged with an Order, issued
				in the name of the Board, ordering the charged architect to show cause at a
				hearing before the Board why disciplinary action should not be imposed. The
				Order to show cause shall be served by certified mail, return receipt
				requested, upon the charged party at least thirty (30) days prior to the date
				of hearing. The Order shall state with particularity, by reference to the W.
				Va. Code or Rule of the Board thereunder, the matters charged in the complaint.
				The Order shall state the date, time and place for the hearing. The Board may
				thereafter amend the charges set forth in the Order to show cause, except that
				a hearing based on amended charges is subject to the same thirty (30) day
				notice requirement.
6.4. The Order
				to show cause shall include a time frame order requiring all parties to a
				disciplinary action, within fifteen (15) days of the service of the Order to
				show cause, to exchange the following:
6.4.1 A
				list of proposed witnesses at hearing with addresses and telephone
				numbers;
6.4.2. Copies of
				documentary evidence and lists of exhibits intended to be introduced into
				evidence at hearing; and
6.4.3.
				Copies of any witness statements in the possession or under the control of the
				Board.
6.4.4. The time frame for
				exchanging witness lists, statements of Board witnesses, copies of documentary
				evidence and lists of exhibits may be extended by agreement of the
				parties.
6.4.5. The Board has a
				continuing duty to disclose exculpatory evidence.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-7 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be reported by
				stenographic notes and characters or by mechanical means.
7.2. All reported materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the reported testimony and evidence.
7.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the President,
				presiding member, or hearing examiner shall settle all differences arising as
				to whether such transcript truly discloses what occurred at the hearing and
				shall direct that the transcript be corrected and/or revised as appropriate so
				as to make it conform to the truth.
7.4. A transcript of the hearing shall be
				provided to all members of the Board for review at least ten (10) days before
				the vote is taken on its decision in any disciplinary matter.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-8 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board.
8.2. The
				Board may also initiate or consider stipulation or agreement proposals with
				regard to the informal disposition of cases and may enter into an agreed
				stipulation and order without conference.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-9 - Depositions and Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Evidentiary depositions may be taken on
				a voluntary basis and read or otherwise included into evidence as in civil
				actions in the circuit courts of this state. Neither the Board nor the
				architect who is the subject of a disciplinary action is entitled to subpoena
				witnesses for purposes of discovery depositions.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board imposing a disciplinary action shall be supported by
				a written statement of findings of fact and the reasons for the decision. Final
				orders following hearings shall be made pursuant to the provisions of W. Va.
				Code §§
									29A-5-3 and
				30-1-8(d). Such
				orders shall be entered within forty-five (45) days following the submission of
				all documents and materials necessary for the proper disposition of the case,
				including transcripts, and shall contain findings of fact and conclusions of
				law.
10.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a poll
				or vote at a regular meeting, before a final order is entered. A copy of the
				final order approved by a majority of the Board shall be served upon the
				demanding or charged party and/or his or her attorney of record, if any, within
				ten (10) days after entry by the Board by personal service or by registered or
				certified mail.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-11 - Notification to NCARB

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				When the Board issues a decision and final order, either by agreement or after
				proceedings, that results in disciplinary action against a licensee, the Board
				shall promptly send a copy of that decision and order to NCARB, and shall
				supply any other relevant documentation that may reasonably be
				requested.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-02 - Disciplinary and Complaint Procedures for Architects › Section 2-2-12 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any party
				adversely affected by a final order or decision of the Board has the right to
				appeal such order or decision to the Intermediate Court of Appeals in
				accordance with W.Va. Code §
									29A-5-4 and W.Va. Code §
									51-11-4(b)(4).
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-03 - Fees for Registration of Architects › Section 2-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule sets fees related to
				the registration of architects as provided in W. Va. Code §§
									3-1-6 and
				30-12-1, et seq.
1.2. Authority. --
				W. Va. Code §
									30-1-6.
1.3.
				Filing Date. -- April 20, 2020
1.4.
				Effective Date. -- July 1, 2020
1.5
				Sunset Date. -- This rule shall terminate and have no further force and effect
				on June 30, 2025.
West Virginia Code of State Rules › Agency 2 - Architects › Title 2 - PROCEDURAL RULE BOARD OF ARCHITECTS › Series 2-03 - Fees for Registration of Architects › Section 2-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Terms defined in W. Va. Code
				§
									30-12-2 have the same meanings when used in this rule unless the context
				or subject matter clearly requires a different interpretation.
2.2. Terms defined in "Title 2 Legislative
				Rule Board of Architects - Series 1 - Registration of Architect" have the same
				meanings when used in this rule unless the context or subject matter clearly
				requires a different interpretation.
2.3 As used in this rule, the following terms
				have the following meanings unless context or subject matter requires a
				different interpretation:
2.3.1. Initial -
				means obtaining a license for the practice of architecture in West Virginia for
				the first time.
2.3.2. Low income
				individuals - individuals in the local labor market as defined in W.Va. Code
				§
										21-1C-2 of this code whose household adjusted gross income is below 130
				percent of the federal poverty line. This term also includes any person
				enrolled in a state or federal public assistance program including, but not
				limited to, the Temporary Assistance for Needy Families Program, Medicaid, or
				the Supplemental Nutrition Assistance Program (SNAP).
2.3.2. Military Families - any person who
				serves as an active member of the armed forces in the United States, the
				National Guard, or a reserve component as described in  38 U.S.C. §
											101,
				honorably discharged veterans of those forces, and their spouses. This term
				also includes surviving spouses of deceased service members who have not
				remarried.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the minimum licensing and curriculum requirements
				for barbers, cosmetologists, hair stylists, aestheticians, and
				manicurists.
1.2. Authority. -- W.
				Va. Code §§
									30-27-5 and
				30-27-6.
1.3. Filing Date. -- May 9, 2024
1.4. Effective Date. -- May 9, 2024
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect on August 1, 2034.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-2 - License Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. It is
				unlawful for any person to practice or offer to practice barbering,
				cosmetology, hair styling, manicuring, or aesthetics in this state without
				first obtaining a license for that purpose from the Board.
2.2. A person and student practicing
				barbering, cosmetology, hair styling, manicuring or aesthetics shall display
				his or her license or license renewal at the workstation the individual is
				currently working and shall exhibit the license to the board or its authorized
				representative.
2.3. In addition to
				the license that must be displayed every person practicing barbering,
				cosmetology, hair styling, manicuring or aesthetics in this state shall possess
				a government issued identification card containing the licensee's
				photograph.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-3 - Qualification for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An
				applicant for licensure shall present satisfactory evidence to the Board that
				he or she:
3.1.a. Is at least 18 years of
				age;
3.1.b. Has completed at least
				the twelfth grade of public school or its equivalent, or has passed an ability
				to benefit test approved by the U.S. Dept. Of Education;
3.1.c. Has graduated from a school of
				barbering, hair styling, or cosmetology approved by the WV Council for
				Community & Technical College Education (CCTCE), Department of Education in
				conjunction with CCTCE or Department of Education in conjunction with the
				Division of Corrections and Rehabilitation; or in the case of a manicurist or
				aesthetician, has successfully completed an approved course in manicuring or
				aesthetics in a school of cosmetology or graduated from a school of aesthetics
				or nail technology/manicuring;
3.1.d. Has passed the appropriate
				examination;
3.1.e. Has transmitted
				the appropriate application to the Board with the respective fee; and
3.1.f. Has presented a certificate of health
				from a licensed physician to the Board.
3.1.g. Is a citizen of the United State or is
				eligible for employment in the United States;
3.1.h. Has fulfilled any other requirement
				specified by the board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-4 - Minimum Curriculum for Barbers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A barber student shall complete a course
				of study consisting of 1200 clock hours of barbering as defined pursuant to W.
				Va. Code §
									30-27-3.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-5 - Minimum Curriculum for Cosmetologists

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A cosmetologist student shall complete a
				course of study consisting of a minimum of 1800 clock hours consisting of hair,
				aesthetics, and nail technology as defined pursuant to W. Va. Code §
									30-27-3.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-6 - Minimum Curriculum for Manicurists

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A manicurist/nail technician student
				shall complete a course of study consisting of a minimum of 400 clock hours of
				nail technology as defined pursuant to W. Va. Code §
									30-27-3.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-7 - Minimum Curriculum for Barbers to Obtain a Cross-Over Cosmetologist's License

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				barber student who has completed 1200 hours or a licensed barber, without
				chemical services, wishing to obtain a cross-over cosmetologist's license must
				complete 300 clock hours consisting of nail technology, 500 clock hours
				consisting of aesthetics, and 100 clock hours of the "chemicals" course of
				cosmetology as defined pursuant to W. Va. Code §
									30-27-3.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-8 - Minimum Curriculum for Cosmetologists to Obtain a Cross-Over Barber License

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				cosmetology student who has completed 1800 clock-hours of cosmetology or a
				licensed cosmetologist wishing to obtain a cross-over barber's license must
				complete a 300 clock-hour course specializing in just clipper cuts, shaving,
				and facial hair trimming.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-9 - Minimum Curriculum for Aestheticians

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An aesthetician student shall complete a
				course of study consisting of a minimum of 600 clock hours consisting of
				aesthetics as defined pursuant to W. Va. Code §
									30-27-3.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-10 - Minimum Curriculum for Hair Stylists

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A hair stylist student shall complete a
				course of study consisting of a minimum of 1000 clock- hours of hair styling as
				defined pursuant to W. Va. Code §
									30-27-3.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-01 - Procedures, Criteria, and Curricula for Examination and Licensure of Barbers, Cosmetologists, Nail Technicians, Aestheticians and Hair Sytlists › Section 3-1-11 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A applicant
				who has previously attended school, or who has graduated from a school of
				barbering or cosmetology in another state, may receive credit towards the 1800
				clock-hours for cosmetology, 1500 clock-hours for barbering with chemical
				services, or 1200 clock-hours for barbering without chemical services, 1000
				clock-hours for hair styling, 600 clock-hours for aesthetics, and 400
				clock-hours for nail technology for graduation in this state if, on entrance
				into a school in this state, the applicant requests credit for hours obtained
				in another state and subsequently presents to the in-state school manager,
				credentials showing subjects studied and the hours of credit received, duly
				signed and certified by the manager of the school previously attended. The
				Board may also award credit to those applicants who can demonstrate work
				experience. The amount of credit awarded shall be 25 hours credit for each
				month or 300 hours credit for 1 year, not to exceed a total award of 50% of
				West Virginia's hour requirements.
11.2. The Board shall recognize reciprocity
				for military barbers with a DD214.