reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-4 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board may issue a certificate or a
						license to practice environmental health science or public health sanitation
						without requiring an examination, to an applicant from another jurisdiction
						who:
4.1.1. Is of good moral
						character;
4.1.2. Holds a valid
						sanitarian license, certificate or other authorization to practice
						environmental health science or public health sanitation in another
						jurisdiction and meets requirements which are substantially equivalent to the
						requirements set forth in W. Va. Code §
										30-17-1 et seq., and this
						rule;
4.1.3. Is not currently being
						investigated by a disciplinary authority, does not have charges pending against
						his or her license or other authorization to practice environmental health
						science or public health sanitation, and has never had a license or other
						authorization to practice environmental health science or public health
						sanitation revoked;
4.1.4. Has not
						previously failed an examination for licensure in this state;
4.1.5. Has paid all applicable
						fees;
4.1.6. Completes food and on
						site wastewater training and any additional training as determined by the
						Board; and
4.1.7. Completes other
						action as required by the Board.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-5 - Procedures for Issuance and Renewals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A person
						regulated by this rule shall renew their permit, certificate or license
						annually, by completing an application as prescribed in section 3.1 of this
						rule.
5.2. Permits, certificates
						and licenses expire at midnight on December 31st
						following the date of issuance.
5.3. At least 30 days prior to January
						1st of each year, the Board shall mail to every
						person it regulates an application for renewal.
5.4. A fee of $50.00 shall accompany any
						application for issuance or renewal of a permit, certificate, or
						license.
5.5. A late fee of $15.00
						shall be assessed by the Board for any renewal that is not received within 30
						days of expiration.
5.6. A person
						applying for a renewal of a permit, certificate or license must show proof of
						having completed 15 hours of Board approved continuing education within the
						prior calendar year. The applicant may have an additional 60 days in which to
						acquire hours but pay an additional $50.00 late fee. Any hours obtained during
						the additional 60-day period to meet the prior calendar year requirement shall
						not be counted toward the current calendar year.
5.7. Expired permits, certificates or
						licenses may be reinstated only upon the payment of all lapsed renewal fees up
						to five years and submit to training approved by the board, if in excess of
						five years.
5.8. Permits,
						certificates and licenses not renewed for failure to obtain the required 15
						hours of continuing education as specified in 5.6. shall not be renewed during
						the current calendar year.
5.9. The
						Board may deny an application for renewal for any reason which would justify
						the denial of an original application for a permit, certificate or license.
5.10. A person regulated by the
						Board shall carry proof of a valid permit, certificate, or license as required
						in W. Va. Code §
									30-17-14.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-6 - Exempt from permit, certificate, or license

Current through Register Vol. XLI, No. 28, July 12, 2024
A person or qualified member of other recognized professions
							practicing environmental health science consistent with the laws of this state,
							shall be exempt from obtaining a permit, certificate or license under this rule
							provided the person does not represent themselves as a sanitarian-in-training,
							sanitarian or registered sanitarian, as defined by W. Va. Code §
									30-17-3
							and this rule.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-7 - Standards for Approval of Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A person
						regulated by this rule is responsible for submitting to the Board pertinent
						information regarding courses attended for continuing education
						approval.
7.2. Information shall
						include the following:
7.2.1. Verification of
						attendance; and
7.2.2. An agenda or
						outline of the course which includes the date and length of the
						course.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-8 - Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Only persons who meet the education
						requirements in this rule, shall be eligible for examination for registration
						as a sanitarian.
8.2. A
						Sanitarian-in-training shall be eligible for admission to examination for
						registration as a sanitarian after successfully completing a sanitarian's
						training course of a minimum of 300 hours as approved by the Board.
8.3. An examination for registration of
						sanitarians shall be administered not less than once each calendar year in the
						state at such times and places as may be specified by the Board. The
						examination may be written, oral, or both written and oral.
8.4. A registered sanitarian who is a member
						of the Board or designated by the Board shall be eligible to proctor the
						examination.
8.5. The Board shall
						administer the NEHA examination titled "Registered Environmental Health
						Specialist/Registered Sanitarian (REHS/RS) Exam".
8.6. The applicant requesting the examination
						shall pay the examination fee set forth by NEHA.
8.7. The Board shall accept the passing score
						set by the NEHA Exam Peer Review Committee.
8.8. The Board shall provide written
						notification to an applicant that he or she passed or failed the
						examination.
8.9. If an applicant
						fails to meet the minimum grade requirements on his or her examination, he or
						she may be reexamined at any time and place specified by the Board for the
						administration of such examination and upon resubmitting his or her application
						accompanied by the prescribed fees.
8.10. The Board shall accept a passing score
						of 70% on the PES "Registered Sanitarian Proficiency Examination".
8.11. The Board may contract with a third
						party to administer the examination which may include an additional
						administrative fee to be paid by the individual taking the
						test.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-9 - Use of Title

Current through Register Vol. XLI, No. 28, July 12, 2024
Only a person who has qualified as a registered sanitarian
							and who holds a valid current license for use in this state shall have the
							right and privilege of using the title, "registered sanitarian" and to use the
							abbreviation, "R.S." after his or her name.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-10 - Suspension or Revocation of Permits, Certificates and Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The board may, after notice and
						opportunity for hearing, deny or refuse to renew, suspend or revoke the
						license, permit or certificate of, impose probationary conditions upon, or take
						disciplinary action against, any licensee, permittee or certificate holder for
						any of the following reasons:
10.1.1.
						Obtaining a license, permit or certificate by fraud, misrepresentation or
						concealment of material facts;
10.1.2. Being convicted of a felony or other
						crime involving moral turpitude;
10.1.3. Being guilty of unprofessional
						conduct which placed the public at risk;
10.1.4. Violating this article or lawful
						order of the board;
10.1.5. Having
						had a license or other authorization revoked or suspended, other disciplinary
						action taken, or an application for licensure or other authorization denied by
						the proper authorities of another jurisdiction, irrespective of intervening
						appeals and stays; or
10.1.6.
						Engaging in any act which has endangered, or is likely to endanger the health,
						welfare or safety of the public.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-04 - The Practice of Public Health Sanitation › Section 20-4-11 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
							rule have the right to request a contested case hearing in a manner pursuant to
							the provisions of W. Va. Code §
									29A-5-1, et seq. and legislative rule,
							State Board of Sanitarians, Rules of Procedure for Contested Case Hearing and
							Declaratory Rulings, 20CSR01.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 20-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes procedures
				for waiving the initial licensing fee for low income individuals and military
				personnel and their spouses and procedures for consideration of prior criminal
				convictions in initial licensure determinations.
1.2. Authority. -- W. Va. Code §
				30-17-6.
1.3. Filing Date. - April
				24, 2020
1.4. Effective Date. - April
				24, 2020
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on April 24,
				2025
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 20-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Initial" means obtaining a license in
				West Virginia for the practice of environmental health science or public health
				sanitation for the first time.
2.2
				"Local labor market" means every county in West Virginia, and any county outside
				of West Virginia if any portion of that county is within fifty miles of the
				border of West Virginia, pursuant to W.Va. Code § 21-1C-2.
2.3. "Low-income individual" means an
				individual in the local labor market as defined in W. Va. Code § 21-1C-2,
				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 (TANF), Medicaid, or the Supplemental Nutrition Assistance
				Program (SNAP).
2.4. "Military
				families" means any person who serves as an active member of the armed forces of
				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.
2.5. "Unreversed", as that term refers to a
				criminal conviction, means that a conviction has not been set aside, vacated,
				pardoned, or expunged.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 20-5-3 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Board shall issue a license to an applicant who meets the requirements of W. Va.
				Code § 30-17-1 et seq. and the rules promulgated by the Board, and the Board
				shall waive the initial licensure fee if the applicant qualifies as a "low-income
				individual" or as a member of one or more "military families" as defined in this
				rule
3.2. Low-income individuals, as
				defined in this rule, may seek a waiver of the initial licensure fee for
				licensure as a Sanitarian by submitting with their complete application a
				low-income waiver of initial licensure fee form, provided by the Board, and all
				required verification documents as prescribed by the Board. The Board shall
				review the application and issue a decision within 30 days of receipt of the
				complete application.
3.3. Military
				families, as defined in this rule, may seek a waiver of the initial licensure fee
				for licensure as a Sanitarian submitting with their complete application a
				military service verification form, provided by the Board, and all required
				verification documents as prescribed by the Board. The Board shall review the
				application and issue a decision within 30 days of receipt of the complete
				application.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 20-5-4 - Rational nexus to the practice of Public Health Sanitation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The board may not disqualify an applicant
				from initial licensure because of a prior criminal conviction that remains
				unreversed unless that conviction is for a crime that bears a rational nexus to
				the practice of public health sanitation. In determining whether a criminal
				conviction bears a rational nexus to public health sanitation, the board shall
				consider at a minimum:
4.1.a. The nature and
				seriousness of the crime for which the individual was convicted;
4.1.b. The passage of time since the commission
				of the crime;
4.1.c. The relationship
				of the crime to the ability, capacity, and fitness required to perform the duties
				and discharge the responsibilities of a public health sanitarian; and
4.1.d. Any evidence of rehabilitation or
				treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 20-5-5 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Notwithstanding
				any other provision of the W. Va. Code to the contrary, if an applicant has been
				denied licensure because of a prior criminal conviction, the board shall permit
				the applicant to apply for initial licensure if:
5.1.a. A period of five years has elapsed from
				the date of conviction or the date of release from incarceration, whichever is
				later;
5.1.b. The individual has not
				been convicted of any other crime during the period of time following the
				disqualifying offense; and
5.1.c. The
				conviction was not for an offense of a violent or sexual nature:
Provided,
That a conviction for an offense of a violent or
				sexual nature may subject an individual to a longer period of disqualification
				from licensure, to be determined by the board on a case by case basis.
West Virginia Code of State Rules › Agency 20 - Sanitarians › Title 20 - LEGISLATIVE RULE STATE BOARD OF SANITARIANS › Series 20-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 20-5-6 - Petition for licensure eligibility determination

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An individual with a criminal record who
				has not previously applied for licensure may petition the board at any time for a
				determination of whether the individual's criminal record will disqualify the
				individual from obtaining a license.
6.2. The petition shall be submitted on an
				application form prescribed by the board and shall include sufficient details
				about the individual's criminal record to enable the board to identify the
				jurisdiction where the conviction occurred and the specific nature of the
				conviction.
6.3. The applicant may
				submit with the petition for licensure eligibility evidence of rehabilitation,
				letters of reference, and any other information the applicant deems relevant to
				show fitness and the ability to practice as a Sanitarian.
6.4. The board shall provide the determination
				within 60 days of receiving the petition and the applicable fee from the
				applicant.
6.5. The fee for an
				applicant petitioning for a licensure eligibility determination shall be $25.00
				and upon acknowledgement of eligibility by the board and upon the submission of
				an application for licensure, the eligibility fee shall be deducted from the
				applicable initial licensure application fee.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements for licensing as a Nursing Home
				Administrator.
1.2. Authority. - W.
				Va. Code §
									30-25-6.
1.3. Filing Date. April 25, 2024
1.4. Effective Date. July 1, 2024
1.5. Sunset Provision - This rule shall
				terminate and have no further force or effect upon August 1, 2029
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-3 - Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Scheduling of
				examinations and reexaminations.
3.1.a.
				Applicants before examination shall meet all pre-requirements for taking the
				examinations as specified in this rule. Upon Board approval, applicants may
				apply to test online for the NAB National Examination through the National
				Association of Boards of Examiners of Long Term Care Administrators website -
				www.nabweb.org. The costs or fees charged by the testing agency for the
				national examination are not covered in the initial application fee. An
				applicant shall pay all testing fees directly to the testing agency.
3.1.b. Upon Board approval, applicants may
				sit for the WV State Examination. This examination is administered once a
				month. The initial application fee covers an applicant's first time taking the
				examination, and $50.00 is charged for each additional testing. Applicants
				shall contact the Board office to schedule the examination.
3.1.c. Applicants may take the national and
				state examination up to four times within one year from the date they receive
				Board approval. If an applicant fails either examination for the fourth time or
				is unable to successfully test within one year from the date of Board approval
				the applicant may appear before the Board and present evidence of further
				education or extenuating circumstance before the Board may consider that person
				eligible for reexamination.
3.1.d.
				If the applicant fails to notify the Board of his or her request for additional
				time to test prior to the expiration of the one-year time period approved by
				the Board; the applicant shall be required to submit a new application to sit
				for both the national and state exams.
3.1.e. The Board shall keep a record stating
				in detail the results of the examination for each applicant as a permanent
				record.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-4 - Education, Training and Experience

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Registration of licensed and/or
				accredited education institutions and courses of study.
4.1.a. A licensed or accredited educational
				institution offering any courses of study for the purpose of qualifying
				applicants for licensure as a nursing home administrator shall first submit the
				courses of study to the Board for approval. In order for a course of study to
				be approved, it shall cover those subjects contained on the written national
				examination as provided for in section 3.4. of this rule.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-5 - Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Qualifications
				for licenses.
5.1.a. To be eligible for a
				license as a nursing home administrator an applicant shall:
5.1.a.1. Meet all pre-examination
				requirements as set forth in section 3.2 of this rule, as well as meet
				requirements of all other applicable rules; and
5.1.a.2. Pass the national and state
				examinations prescribed by the Board in the subject of nursing home
				administration.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-6 - Suspension or Revocation, Hearing and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Suspension or revocation of licenses or
				permits.
6.1.a. The Board may, at any time
				upon its own motion, and shall, upon verified written complaint of any person,
				conduct an investigation to determine whether there are any grounds for the
				suspension or revocation of a license or permit issued pursuant to this
				rule.
6.1.b. The Board may suspend
				or revoke any license or permit when it finds the licensee or holder of a
				temporary permit has:
6.1.b.1. Obtained a
				license or permit by means of fraud or deceit;
6.1.b.2. Failed or refused to comply with the
				provisions of this rule or with the provisions of W.Va. Code §
											16-5C-1
et seq
.;
				or
6.1.b.3. Failed or refused to
				comply with the expectations contained in the Code of Ethics.
6.1.c. When the Board suspends or
				revokes a license of a licensee, it shall notify the OHFLAC of its
				actions.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-7 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Board in
				its discretion, and subject to W. Va. Code §
									30-25-9 may grant a nursing home
				administrator license to an individual licensed in another state who possesses
				the qualifications and meets the reasonable standards prescribed by the Board
				pursuant to W. Va. Code §
									30-25-8 and upon payment of a fee
				of $600.
7.1.a. Applicants who hold current
				certification from the American College of Health Care Administrators, or other
				such nationally approved certification, shall have their applications acted
				upon immediately upon receipt; therefore, expediting the reciprocity
				process.
7.1.b. Additionally, the
				following conditions shall be met:
7.1.b.1.
				The other licensing state must maintain a system and standard of qualification
				and examination for a nursing home administrator license, which is
				substantially equivalent to those required in West Virginia;
7.1.b.2. The applicant for reciprocity must
				hold a current license as a nursing home administrator which has not been
				revoked or suspended.
7.1.b.3. The
				applicant for reciprocity must pass a Federal query investigation by the
				NPDB.
7.1.c. A nursing
				home administrator licensed in this state seeking reciprocity or endorsement in
				another state and requiring Board verification of licensure shall submit a fee
				of $100 to the Board for this verification.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-8 - Restoration

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board may
				restore a license after revocation upon submission of evidence satisfactory to
				the Board that the applicant for the restoration of a license has met the
				conditions required by the Board.
8.2. Restoration after lapse.
8.2.a. The Board may reinstate a license
				which has lapsed during the first year immediately following the expiration
				date of a valid permanent administrator license. The Nursing Home Administrator
				with a lapsed license shall submit a formal request as well as an application
				for licensure along with the proper fee and meet the requirements for
				continuing education hours.
8.2.b.
				The nursing home administrator seeking reinstatement shall pay a late charge
				for reinstatement of license, in addition to the licensure renewal fee.
8.2.b.1. The Board shall impose the following
				reinstatement fees, based on the date range during which the person requests to
				reinstate a license in the year following the lapse:
8.2.b.1.A. July 1 through September
				30- $100
8.2.b.1.B. October 1 through December
				31st - $200
8.2.b.1.C. January 1 through March
				31st - $300
8.2.c. The Board, in its discretion, may
				reinstate the license of a previously licensed West Virginia Nursing Home
				Administrator whose license has lapsed for more than one year from its date of
				expiration and may grant a waiver for re-examination
.
The applicant must submit a formal request along with an application that
				includes, but is not limited to, the applicant's professional history, the
				applicant's criminal history, good cause for the lapse and evidence of at least
				20 hours of continuing education hours completed in the 12 months prior to his
				or her request for a reinstated license. The applicant must also pay a fee of
				$500. If the Board does not grant the request to reinstate the license, the
				applicant will be treated as a new applicant under this rule and shall be
				required to complete all requirements and pay all applicable fees associated
				with a new application.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-9 - Refunds

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board
				shall refund to an applicant that chooses to withdraw from the application
				process their entire application fee minus a processing fee of $100. Refunds of
				the following fees are permitted:
9.1.a. AIT
				application fee;
9.1.b. A licensure
				examination application fee; and
9.1.c. A reciprocity application
				fee.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-02 - Disciplinary And Complaint Procedures For Nursing Home Administrators, Administrator-In-Training, Emergency And Temporary Permit Holders › Section 21-2-1 - 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 nursing home administrators, administrator in training (AIT), permit holder, emergency and temporary permit holders.
1.2. Authority. -- W. Va. Code ''30-25-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- November 20, 2000.
1.4. Effective Date. -- December 20, 2000.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-02 - Disciplinary And Complaint Procedures For Nursing Home Administrators, Administrator-In-Training, Emergency And Temporary Permit Holders › Section 21-2-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed nursing home administrators, administrators-in-training or permitees.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-02 - Disciplinary And Complaint Procedures For Nursing Home Administrators, Administrator-In-Training, Emergency And Temporary Permit Holders › Section 21-2-3 - 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 any person making application for an original or renewal license as a nursing home administrator or administrator-in-training (AIT) permit or an emergency or temporary permit holder pursuant to W. Va. Code '30-26-1 et seq.
3.2."Board" means the West Virginia Board of Nursing Home Administrators.
3.3. "License" means a license, temporary or emergency permit or administrator-in-training (AIT) permit issued by the Board pursuant to W. Va. Code '30-26-1 et seq.
3.4. "Nursing home administrator"means a professional who is responsible for planning, organizing, directing and controlling a nursing home as defined in W. Va. Code '30-25-1.
3.5. "Ethics investigator" means a person or board committee member licensed to practice nursing home administration in this state, and who is hired by the Board or who may be a board committee member for the purpose of reviewing complaints against nursing home administrators, AITs or other permit holders.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-02 - Disciplinary And Complaint Procedures For Nursing Home Administrators, Administrator-In-Training, Emergency And Temporary Permit Holders › Section 21-2-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses or Permits of Nursing Home Administrators, AITs, Permit Holders or Applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application for license, place a licensee on probation, limit or restrict a license, reprimand a licensee, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee 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 committed other acts in violation of W. Va. Code '30-25-1 et seq. or the rules of the Board.
West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-02 - Disciplinary And Complaint Procedures For Nursing Home Administrators, Administrator-In-Training, Emergency And Temporary Permit Holders › Section 21-2-5 - 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 a nursing home administrator, AIT, permit holder or applicant with a violation of W. Va. Code '30-25-1 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 nursing home administrator, AIT, permit holder or applicant against whom the complaint is lodged;
5.1.2. The date of the transaction or event which is the subject of the complaint;
5.1.3. The name of any person who may have seen the person after the alleged incident; and,
5.1.4. The name of the nursing home where the incident took place.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Legislative rule relating to the digging, possession, and sale of wild ginseng,
				wild simulated ginseng, woods grown ginseng or cultivated ginseng.
1.2. Authority. -- W. Va. Code §§
									19-1A-3,
				19-1A-4(d).
1.3. Filing Date. -- April 20,
				2015.
1.4. Effective Date. -- April
				20, 2015.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-3 - Season

Current through Register Vol. XLI, No. 28, July 12, 2024
Dates - The season for harvesting wild, wild simulated or
				  woods grown ginseng in any part of West Virginia begins on the first day of
				  September and ends on the 30th day of November of each calendar year. A grower
				  may harvest cultivated ginseng throughout the year.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-4 - Unlawful Acts

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Possession - It is unlawful for any person to have uncertified wild, woods
				grown, or wild simulated ginseng (whether green or dry) in his or her
				possession between April 1 and August 31 of each calendar year. Any uncertified
				wild, wild simulated, or woods grown ginseng unsold by March 31 of the year
				after harvest must be weighed and have a weight certificate issued at an
				official Division weigh station.
4.2. Certificates - It is unlawful to alter
				West Virginia Ginseng Export Certificates and Ginseng Weight
				Receipts.
4.3. Permits - It is
				unlawful for a person to act as a grower or act as a dealer unless he or she
				has received a valid permit from the Division permitting that activity. If a
				person is acting in both capacities, then a permit for each activity is
				required. A person may not rescue wild ginseng without first receiving a permit
				from the Division to rescue wild ginseng plants that are threatened by
				ground-disturbing activities if the rescue is to be done between April 1 and
				August 31 each year.
4.4. It is
				unlawful to harvest wild, wild simulated or woods grown ginseng less than five
				years of age. A ginseng plant containing three or more prongs is considered to
				be five years of age.
4.5. It is
				unlawful to remove wild ginseng seeds from the site of collection, and all seed
				collected from wild ginseng plants at the time of harvest shall be planted at
				the site from which the ginseng is harvested.
4.6. It is unlawful to plant ginseng or
				ginseng seed and to harvest ginseng on West Virginia public lands except for
				land grant university researchers performing research or demonstration projects
				regarding the growing, cultivating or harvesting of ginseng. It is unlawful for
				anyone to plant ginseng or ginseng seed and to dig, collect, or gather ginseng
				on state wildlife management areas or on state parks.
4.7. It is unlawful to harvest wild ginseng
				from the property of another person without the written permission of the
				landowner.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-5 - Collector's Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Permission - Any person collecting wild
				ginseng upon the enclosed or posted lands of another shall first obtain
				permission in writing from the landowner, tenant or agent of the lands and
				shall carry the written permission on his or her person when collecting ginseng
				on those lands.
5.2. Replanting -
				Any person collecting wild ginseng shall plant the seeds from the plants being
				collected at the site of the digging.
5.3. Weight receipt - Any person who has wild
				ginseng which was harvested during the previous harvesting season and not sold
				before April 1 shall have the ginseng weight receipted. Weight-receipted
				ginseng may be kept and sold during ensuing seasons.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-6 - Dealer's Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Permit - Any person, who buys wild, wild
				simulated, woods grown or cultivated ginseng in West Virginia shall first
				obtain a Ginseng Dealer's Permit from the Division. Any person, that grows wild
				simulated, woods grown, or cultivated ginseng and directly exports the ginseng
				from the State shall also obtain a Ginseng Dealer's Permit.
6.2. The Division may not certify any ginseng
				between the first day of January through the 31st day of March unless the
				person requesting the certification shows a valid dealer permit.
6.3. Reporting - Authorized ginseng dealers
				in West Virginia shall report their ginseng commerce to the Division every
				thirty (30) days between September 1 and March 31 and submit a final report
				prior to April 15 of each calendar year on forms prescribed by the Division.
				This form shall include the following:
6.3.1.
				An original dealer's signature certifying the statements on the form;
6.3.2. The date of the transaction;
6.3.3. Whether the roots were wild,
				cultivated, woods grown, or wild simulated;
6.3.4. Whether the roots were dried or green
				(fresh) at time of transaction;
6.3.5. The weight of the roots;
6.3.6. The county of origin of the
				roots;
6.3.7. Identification
				numbers of the State certificates used to ship ginseng from the
				State;
6.3.8. The name, mailing
				address, physical address, and phone number of the seller or buyer of record of
				the ginseng maintained by the dealer on his or her commerce record forms
				supplied by the states of licensing, and made available to the State ginseng
				program managers if requested; and
6.3.9. Inspection and certification by State
				personnel of all ginseng harvested in the State to authenticate that the
				ginseng was legally taken from wild, wild simulated, woods grown or cultivated
				sources within the State.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-7 - Uncertified Ginseng

Current through Register Vol. XLI, No. 28, July 12, 2024
Uncertified ginseng supplied to State-registered dealers from
				  other states must be returned to the state of origin within fifteen (15)
				  calendar days for certification or the roots may not be exported from the
				  country.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-8 - Revocation of Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division may, by order entered in accordance with the
				  provisions of chapter twenty-nine-a of the code, deny, suspend or revoke the
				  permit of a grower or dealer and may invalidate an export certificate completed
				  by a dealer when the Division finds that a grower or dealer has violated any
				  provision of this rule.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-9 - Grower's Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Permit - Any person, that intentionally
				plants wild simulated, woods grown or cultivated ginseng in West Virginia shall
				first obtain a Ginseng Grower's Permit from the Division.
9.2. Prior to planting cultivated, woods
				grown, or wild simulated ginseng, a grower shall:
9.2.1. Plat - have a plat of the planting
				site prepared by a licensed surveyor or a forester registered by the State
				Board of Registration for Foresters. The plat prepared by a registered forester
				shall be prepared by locating the boundaries of the planting site using Global
				Positioning Satellite (GPS) technology. The equipment must be capable of
				reading four or more satellites and be locked in to at least four satellites
				while traversing the planting site; and
9.2.2. Division Certification - Obtain a
				written determination from the Director certifying that the planting site is
				free from wild ginseng. The determination shall be made by an on-the-ground
				inspection of the intended planting site after April 15 and before June 15 of
				each year by a Division employee. For plantings in existence prior to July 1,
				2005, a grower shall certify to the Director that no wild ginseng plants
				existed on the site prior to planting and provide copies of receipts of
				purchase of seed or rootlets or certifications from sellers of seed or rootlets
				if receipts are not available.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-10 - Ginseng Rescue

Current through Register Vol. XLI, No. 28, July 12, 2024
No person may rescue wild ginseng plants endangered by
				  ground-disturbing activities unless he or she has first obtained a moving
				  permit from the Division. The person shall provide the reason for moving the
				  plants, the original location, the proposed new location and any other
				  information required by the Division.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-11 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division may assess a civil penalty against a person who
				  violates any provision of this rule. The Division may assess a monetary penalty
				  of not less than one hundred dollars nor more than five hundred
				  dollars.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-12 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The fee for
				obtaining a ginseng grower's permit is $10.00 annually.
12.2. The fee for obtaining a ginseng
				dealer's permit is $100.00 annually.
12.3. The fee for the late renewal of a
				grower's permit is $20.00 or dealer's permit is $120.00. For growers'
				applications received after February 1 and for dealers' applications received
				after November 1, the late renewal fee will apply.
12.4. The fee for certifying dry ginseng
				roots is $2.00 per pound. Any fraction over an even pound will be charged at
				the next highest pound.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-13 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Rootlets are
				exempt from certification.
13.2.
				All information provided to the Division by growers or ginseng rescuers as to
				the specific location of ginseng plants is exempt from the requirements of the
				West Virginia Freedom of Information Act as having a significant commercial
				value to the extent permitted by W. Va. Code §
									29B-1-4(1).
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-02 - Sediment Control During Commercial Timber-Harvesting Operations - Licensing › Section 22-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures by which the license or exemption certificate
				required in West Virginia before a person may conduct timbering operations,
				purchase timber or buy logs for resale may be acquired, suspended or
				revoked.
1.2. Authority. -- W. Va.
				Code §
									19-1B-4.
1.3. Filing Date. -- June 3, 2024
1.4. Effective Date. -- June 3,
				2024
1.5 Sunset Provision. This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-02 - Sediment Control During Commercial Timber-Harvesting Operations - Licensing › Section 22-2-3 - License Procurement; Posting of License Number; Exemption Procurement; Possession of Approved Certificate of Timber-Harvesting Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any person
				engaged in timbering operations, timber buying or log buying for resale shall
				first procure a license to do so from the director. Licenses may be for a
				single or for multiple, either two or three, categories.
3.2. Any person applying for a license to
				engage in timbering operations, timber buying or buying logs for resale shall
				do so by completing an application form supplied by the director.
3.3. A fee of $150 shall be submitted with
				each single or multiple category license or license renewal application for
				each biennial license term. There shall be no prorating of the fee for partial
				year term licensing.
3.4. Any
				person applying for the renewal of a timbering operator, timber buyer or log
				buyer license shall do so by completing a renewal form at least 15 days before
				the scheduled expiration of the Timbering License. A renewal form shall be sent
				by the director to the last known address of the licensee at least 30 days
				prior to the renewal deadline.
3.5.
				Licenses not renewed for two successive biennial licensing terms (4 years)
				shall be deemed vacant, and the number shall be available for
				reassignment.
3.6. Any person found
				guilty of operating without a license as specified by this rule shall be issued
				a Suspension Order and a Compliance Order and must procure such license before
				resuming operations.
3.7. A sign,
				including thereon the name of the operator and the operator's license number,
				in letters no less than three inches high, shall be in plain view at each
				active landing on a timbering operation.
3.8. Any person applying for an exemption
				from licensing shall complete an Application for Timber-Harvesting Exemption
				form and a Harvesting of Timber Notification form supplied by the director. The
				exempted person shall have in his or her possession a certificate of
				Timber-Harvesting Exemption approved by the director before any trees can be
				severed.